Term of services

OVERVIEW

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the mobile application.

This mobile application is operated by Decodeentre Innovations Private Limited. (hereinafter referred to as ‘seller’, ‘we’, ‘us’, and ‘our’. We offer this Mobile application “Startup Monk”, including all information, tools and services available from this application to you (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘buyer’, ‘purchaser’) conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Your use of the Mobile application and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Mobile application including the applicable policies which are incorporated herein by way of reference. If You transact on the Mobile application, You shall be subject to the policies that are applicable to the Mobile application for such transaction. By mere use of the Mobile application, You shall be contracting with Decodeentre Innovations Private Limited and these terms and conditions including the policies constitute your binding obligations, with the Company.

By visiting our application and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our mobile application. By accessing or using any part of the application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the mobile application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Your use of the Mobile application and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Mobile application including the applicable policies which are incorporated herein by way of reference. 

  1. If you transact on the Application, You shall be subject to the policies that are applicable to the Mobile application for such transaction. By mere use of the Application, You shall be contracting with Startup Monk developed by Decodeentre Innovations Pvt. Ltd. (hereinafter referred to as ‘Startup Monk’ or the Mobile Application) and these Terms and conditions including the policies constitute your binding obligations, with Startup Monk.
  2. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of Startup Monk by downloading the application, contributing the content, using or providing Registration Data while registering on Startup Monk or surfing the Application. Startup Monk allows the User to surf the Mobile application without registering on the Mobile application. For using the other features like listing on the Mobile Application or making purchase, the user has to register on the Startup Monk Mobile Application. The term “We”, “Us” , “Our” shall mean Startup Monk under Decodeentre Innovations Private Limited.
  3. When You use any of the services provided by Us through the Mobile application, including but not limited to, (e.g. Purchase, Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 
  4. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Mobile Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Mobile Application.
  5. ACCESSING, BROWSING OR OTHERWISE USING THE APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Startup Monk (including but not limited to Privacy Policy and other terms) as amended from time to time.

DEFINITION AND SCOPE

For the purpose of this document containing the Terms and Conditions, the terms shall have the following meaning unless expressly specified:

Company” shall mean Decodeentre Innovations Private Limited, a company registered under the laws of India having its registered office at Mahavir Enclave, South West, Delhi – 110045. 

Mobile Application/ Application/ Platform/ Website/ Site” shall mean the mobile application, website or any other online mode, developed and managed by the company Decodeentre Innovations Private Limited.

User” shall mean any registered or unregistered user of the mobile application or website for the purpose of surfing, listing, browsing, contributing content, etc. 

Member” shall mean the registered user of the application or the stakeholder/ user who has willingly listed itself on the platform.

Platform” shall collectively mean and include both the platforms (website and application) developed by Startup Monk.

Start-up Monk” shall mean [●] 

MEMBERSHIP ELIGIBILITY 

Use of the Mobile application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mobile application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Startup Monk Mobile application and shall not transact on or use the Mobile application. 

The members may include any of the users including but not limited to Mentors, Investors, Start-ups, Service Providers, E-cells, Incubators and Accelerators etc. The aforesaid users may register themselves in any one or more categories. However, it is not mandatory for a user to be registered under any of the above listing categories. Codeentre Innovations Pvt. Ltd. holds all the rights to accept or reject any request made by the user to register under a specific category of listings. The term ‘users’ under this document may include both the registered or unregistered users. 

As a minor if you wish to use or transact on Mobile application, such use or transaction may be made by your legal guardian or parents on the Mobile Application. We reserve the right, but not under a liability, to terminate your membership and / or refuse to provide you with access to the Mobile application if it is brought to our notice or if it is discovered that you are under the age of 18 years or are incompetent to form a legally binding contract.  

TERM OF SERVICE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Mobile Application.

You shall not use our products for any illegal or unauthorized purpose, against the terms of Service, or violate any laws in your jurisdiction (including but not limited to Intellectual property laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any point of time.

You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.

As a process of listing requirement on Startup Monk, the users will have to provide certain details about them including your personal details like name, email id, contact information, business details etc. The terms and conditions related to listing on the platform is different for various stakeholders who are willing to be a part of startup monk. The details provided by the stakeholders during the process of registration, may be publicly posted on our platform, except provided otherwise, and such details may be accessed by various stakeholders through the platform. 

The terms and conditions for different stakeholders includes, but is not limited to following: 

  1. Mentors: The mentors who are willing to list themselves on the platform are required to submit details including your Name, Email, Contact Number, LinkedIn Profile, Brief and portfolio. These details may be used by the Start-ups or other interested stakeholders through the platform. 
  2. Service Providers: In order to get listed on the platform, you will be required to submit the details including Name of the Platform, LinkedIn profile (if any), Type of Organization (Professional/ Sole proprietorship/ Partnership/ Private Limited Company/ Limited Liability Partnership etc.). You may also be required to furnish additional details to verify the nature of your services or the business.

If you are a registered business entity then you will also be required to provide details of your business, including Name of the organization, Registered Address, Contact Number, E-mail, List of Services, Brief about the company, Website (if any), Social Media links, Logo (if any), ID Proof for applicant verification, Service (Accounting, Legal, Taxation, Web and application development, IT services, Hardware and networking, Graphic designing, project management etc.). 

In addition to this, other documents for verification process including ID Proof, Photo ID, Address Proof, Business Related documents may also be requested by us. These documents shall only be used for our verification purposes and shall not be shared by us to any third party. 

  1. Investors: The details of the investors shall be collected by us, however the details of investors shall not be published on the platform for confidentiality purposes. In order to approach the investors, the startups or other interested parties shall be required to approach us, and it is our sole discretion to accept or reject the application of the start-up to connect them with the investor.
  2. Start-up: The  startups who are willing to register themselves on the Startup Monk platform are required to submit the Name of their Startup, Name of the Founder, LinkedIn Profile, Details of Co-founders (if any), Sector, Headquarter, Brief, Team Size, Funding Status and other details. The information provided by the Startups may be shared with other stakeholders. 

In case, the startups are willing to approach the investors for their funding requirement or otherwise, they will be required to submit an additional application form where they will be required to provide details about Name of the applicant, LinkedIn Profile, Name of cofounders, LinkedIn Profile, Sector, Email, Phone, Location, Stage of Startup, Funding status, Pitch Deck etc. However, we do not guarantee that the submission of mere application form will get you funding. The final decision of funding any startup lies with the investor only and the decision of the investor shall be considered final and binding. Start-up Monk is under no obligation to get funding for any Start-up. 

  1. Co-working Spaces: For registration on our platforms, details including Name of the applicant, Name of the organization, Registered Address, Email, Logo (if any), List of spaces, Location, Address, Phone, Accommodation Size, Images, Services, Other details etc. 
  2. E-cells: E-cells may register on our platform by providing details like Name of applicant, Name of E-cell, Name of affiliate institution, Location, Contact Number, Email, Logo etc.
  3. Incubators and Accelerators: The users who qualify for this category have the choice to list themselves as incubator, accelerator or both by providing Name of the Organization, Location, Contact Number, Email, Promoters/ Founders.

In addition to the above mentioned details, we reserve the right to seek additional details at our sole discretion in order to verify your details (or your business details, in case of service providers). Moreover, we also have the right to accept or reject the application of the stakeholders to be listed on the application or website, with or without providing any reasons or justifications. 

Startup Monk only acts as a medium/platform for users who comply with Startup Monk’s policies to communicate with various members of the Start-up ecosystem. Startup Monk is only a medium/platform through which Users may reach a large number of stakeholders that are expected to help you. Start-up monk neither holds control nor may be held liable for any third party communication, even if the contact details are extracted through our platform. 

Therefore, Startup Monk cannot be held liable for any wrong, incorrect, inaccurate or misleading information provided by any User or content contributor on the platform. However, Startup Monk will make reasonable efforts to verify the information provided by various stakeholders to ensure that the information provided by them is correct and not misleading. 

We cannot be held liable for any infringements of third party rights including but not limited to Intellectual Property Rights. So, You must ensure that any content or information provided by you, does not violate any third party rights or infringe the intellectual property of any third party. You shall be solely held liable for any such third party claim with respect to such violations. You must have complete right, ownership and right over the content, pictures or any other information uploaded by you or provided by you. 

The users of our mobile application have the option of advertising themselves on our platform. The order of visibility of stakeholders in different categories on our Mobile Application or website depends on various parameters which includes the paid advertisements. The other parameters include the popularity, ratings and relevance. No disputes related to the order of listings shall be entertained by us and it is our sole discretion to list any stakeholder on the top or at any other ranking.  

All items that are offered by the Sellers are only for a restricted time and only for available supply as offered by the Sellers. Startup Monk does not transfer legal ownership of the item from the Seller to the Buyer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Mobile application through which the service is provided, without express written permission by us.

Please be aware that even in absence of information related to your real name, Email address or any other information, your Mobile or Web browser transmits a unique address to us, which could be used by law enforcements officials to identify you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We request all users to employ and encourage other users to contact Startup Monk to report any and all suspicious behavior or misappropriation of services provided by us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this mobile application is not accurate, complete or current. The material on this application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this application is at your own risk.

This application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this application at any time, but we have no obligation to update any information on our application. You agree that it is your responsibility to monitor changes to our application.

MODIFICATION TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We also keep updating the details and information about various Stakeholder including Mentors, Service Providers, Investors, Co-working spaces, Start-ups, E-cells, Incubators and Accelerators. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Prices for our products available on our platform are subject to change without notice.

PRODUCTS OR SERVICES 

All our products are available on our website as well as the mobile platform however, certain products or services may be available exclusively online through the mobile application. The products or services provided by Start-up Monk may have limited quantities and are subject to return or exchange only according to our Return Policy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this application is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PRODUCT REPLACEMENT, WARRANTY AND OFFERS 

The warranty period on the Products offered by Start-up Monk depends on the product and the category of the product. Kindly read our refund policy to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from us subject to the following terms and conditions:

  1. Notify us of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
  2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with us/ the seller.
  3. Following products shall not be eligible for return or replacement and Return requests will not accepted in certain cases as mentioned below:
  1. Damages due to misuse of product;
  2. Incidental damage due to malfunctioning of product;
  3. Any item which has been used or looks used (other than for trail), altered, washed, soiled or damaged in any way;
  4. Products with tampered or missing information;
  5. Any damage/defect which are not covered under the manufacturer’s warranty;
  6. Any product that is returned without all original packaging and accessories, including the box, tags, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
  7. Things which are ‘made to order’ on customer’s request. Like customized clothes etc. 
  8. In order to return or replace the order, you must assure that:
  • Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
  • Returns are not applicable for a few categories like socks, clothing freebies, etc.
  1. Products expressly mentioned and marked by seller as not returnable.
  2. Customers who have been blocked for any suspicious or fraudulent activity on Startup Monk will not be allowed to return their products.
  1. All returns requested would have to be initiated by the buyer / user / customer within 2 days from receipt of the order. No return requests shall be entertained after that.
  2. Once the return or replacement request has been accepted by us, you must ensure that product must be returned with original accessories and in Startup Monk’s original packaging as it was delivered to the user.
  3. Startup Monk reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Startup Monk may at its sole discretion suspend, block, restrict, cancel the Registration of any user or stakeholder (and its related Display Names) and/or disqualify that user and any related users from availing the services provided by us including, protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

REFUND AND CANCELLATION POLICY

For all online payment through electronic mediums like debit card, credit card, net banking, wallets, etc. refund shall be made to the same payment mode. In case of cancelled orders and/or refund requests, the amount is processed within 7-10 working days from date of cancellation.

Order may be cancelled by the user only before acceptance of the same order from our side. Once the order has been accepted and/or processed from our end, the order cannot be cancelled. For cancelled orders, a cancellation fee may be deducted.

For more detail, please review our Returns Policy.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on Startup Monk. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the mobile application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this application may direct you to third-party mobile applications or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or mobile applications, or for any other materials, products, or services of third-parties. We have no responsibility or liability for the content and activity of these links/ websites/ other services. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party mobile applications. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related mobile application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. It is your responsibility to regularly keep a check on our privacy policy. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our application or in the Service that contains typographical errors, inaccuracies or omissions that may relate to content, names, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related mobile application is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related mobile application or website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related mobile application, should be taken to indicate that all information in the Service or on any related mobile application has been modified or updated.

INFRINGEMENT POLICY 

In case any user has an intellectual property rights related complaint about material posted on Startup Monk, you may contact us at the following address:

Decodeentre Innovations Pvt. Ltd. 

H No. B-57, Mahavir Enclave

South West, Delhi – 110045

Or

Email us on – connect@startup-monk.com

You may inform us regarding any infringement of products / material listed on Startup Monk through a notice. The notice must contain the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
  2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
  3. A description of the material that you claim is infringing and where it is located on Startup Monk.
  4. Your address, Contact No. and Email ID
  5. A statement by you that you have a good faith belief that the use of those materials on Startup Monk is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you that the above information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

In case the sellers believe that DMCA Notice is in error, they may send a written counter notification under the DMCA that must include the following information.

  1. Physical or electronic signature of the seller.
  2. An identification of the material that was removed and the location at which the material appeared before it was removed.
  3. A statement under the penalty of perjury that they have a good faith belief that the material was removed as a result of mistake or misidentification of material to be removed.
  4. Seller name, address and contact No., along with a statement that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.

Repeat Infringer: Startup Monk reserves the right to terminate / block / suspend / deactivate any seller / buyer account at its sole discretion. A repeat infringer is a user who has been notified of infringement activity or has content posted by them, removed at least once. 

PROHIBITED USERS

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the application or its content: 

  1. for any unlawful purpose; 
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
  6. to submit false or misleading information; 
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; 
  8. to collect or track the personal information of others; 
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape; 
  10. for any obscene or immoral purpose; or 
  11. to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. 

We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Further, we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, with or without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Decodeentre Innovations Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. If any state or jurisdiction do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Startup Monk and Decodeentre Innovations Pvt. Ltd., its subsidiaries, affiliates, subsidiaries, partners, officers, group companies,  directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions and will not have retrospective application. Such unenforceability will only address future claims and will not have its retrospective operation.

TERMINATION

Startup Monk may suspend or terminate your use of the Startup Monk or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Startup Monk chooses to terminate them.

  • If You or we terminate your use of the Platform or any Service, we may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so. However, your transactions details may be preserved by us for purposes of tax or regulatory compliance.
  • You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
  • If we unilaterally terminate Your account without any reason, then any applicable cash back or wallet amount (if any) shall be refunded to You.
  • If You use any false E-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead us by sharing multiple address and phone numbers or transacting with malafide intentions then we reserve the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our application.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this application or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

COMPLIANCE WITH LAWS

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

ARBITRATION

If any dispute arises between you and us during your use of the Mobile application, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Privacy policy and refund policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Decodeentre Innovations Pvt. Ltd. The place of arbitration shall be StartUp Monk Office. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

GOVERNING LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in India.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our mobile application. It is your responsibility to check our mobile application periodically for changes. Your continued use of or access to our mobile application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our mobile application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the mobile application following the posting of any changes constitutes acceptance of those changes.