The services that TheHouseMonk provides to user are subject to the following TOU. TheHouseMonk reserves the right to update the TOU at any time without notice to User.
1.1 - This Agreement, which incorporates by reference other provisions applicable to use of Website, including, but not limited to, terms and conditions set forth hereof governing the use of certain specific material contained in Website, sets forth the terms and conditions that apply to use of the Website by User. By using TheHouseMonk’s Website and Services it offers including download areas, communication forums and services (Collectively “Services”), User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
1.2 - TheHouseMonk shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2.1 - User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User that in TheHouseMonk’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with TheHouseMonk.
2.2 - Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the Trademark and Copyright laws of India. TheHouseMonk owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
2.3 - User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
3.1 - The Services may contain email services, chat areas, forums, personal profile pages, photos, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not use the communication services for surveys, junk emails, etc,; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Commit an act including, but not limited to publishing, posting, uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under the laws of India; Use any material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed. TheHouseMonk reserves the right to review materials posted to the communication Services and to remove any material in its sole discretion. TheHouseMonk reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. TheHouseMonk reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TheHouseMonk’s sole discretion. Users are advised to use caution when giving out any personally identifiable information in any Communication Services. TheHouseMonk does not control or endorse the content, messages or information found in any Communication Services, and therefore, TheHouseMonk specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized TheHouseMonk spokespersons, and their views do not necessarily reflect those of TheHouseMonk
4.1 - if any of the Services requires User to open an account, User must complete the registration process by providing TheHouseMonk with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and User’s account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify TheHouseMonk immediately of any unauthorised use of User’s account or any other breach of security. TheHouseMonk will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by TheHouseMonk or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
5.1 - In no event shall TheHouseMonk and/or its respective suppliers shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services.
6.1 - TheHouseMonk does not claim ownership of the materials User provides to TheHouseMonk (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting TheHouseMonk and its affiliated companies permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the licenses rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the services.
7.1 - User expressly agrees that use of the Website is at User’s Sole risk. Neither TheHouseMonk, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from the use of the website, or, as to the accuracy, reliability or content of any information, service, or merchandise provided through the website.
7.2 - Website is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
7.3 - This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that TheHouseMonk is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
7.4 - In addition to the terms set forth above, neither TheHouseMonk, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby.
8.1 - TheHouseMonk or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TheHouseMonk’s products or marketing strategies might seem similar to ideas submitted to TheHouseMonk. If such unsolicited ideas are sent, despite our request that you should not send us your ideas, please understand that TheHouseMonk makes no assurances that your ideas and materials will be treated as confidential or proprietary.
9.1 - TheHouseMonk shall have the right but not the obligation, to monitor the content of the website, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by TheHouseMonk and to satisfy any law, regulation or authorised government request. TheHouseMonk shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, TheHouseMonk shall have the right to remove any material that TheHouseMonk in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10.1 - User agrees to defend, indemnify and hold harmless TheHouseMonk, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of TheHouseMonk by user or User’s Account.
11.1 - Either TheHouseMonk or the User may terminate this Agreement at any time. TheHouseMonk shall have the right to immediately terminate the User’s Account in the event of any conduct by User which TheHouseMonk, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
13.1 - All copyrights and trademarks held by TheHouseMonk with respect to its logos and content posted on the Website by TheHouseMonk etc are the intellectual properties of TheHouseMonk and all rights are reserved on the same.
13.2 - This Agreement and any operating rules for TheHouseMonk established by TheHouseMonk constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India.
1.1 - What information is collected and why such information is collected from You;
1.2 - How such information is used and stored;
1.3 - How such information can be accessed and updated by You;
1.4 - Why such information is disclosed and transferred to certain third parties.
2.1 - Based on You accessing and / or availing any of the services provided on the Site, we may collect certain Personal Information from You.
2.2 - The “Personal Information” that We collect from You includes, but is not limited to, Your name, account password, postal address, phone number, email address, contact preferences, ID proof (PAN, Passport, Voter ID etc.), bank account/credit card/debit card details, proof of employment, proof of educational background, and other information that would assist Us in verifying Your identity. Personal Information also includes, among others, any information that does not reveal Your specific identity, such as, browser information, information collected through Cookies (defined below), pixel tags and other technologies, demographic information, etc.
2.3 - As is the case with most other websites of similar nature as Our Site, Our Site gathers some information via various methods such as:
2.5 - Cookies are pieces of information that are stored on a User’s computer when the User accesses a website. The Site may use temporary cookies to help you access some of the special functions within the database driven areas of TheHouseMonk’s site. Once you leave Our Site, these cookies expire. Cookies deployed by TheHouseMonk do not collect Your Personal Information.
4.1 - We work hard to protect Your Personal Information from unauthorized access to or unauthorized alteration, disclosure or destruction. Pursuant to the same, we Encrypt our services using secure server software, which is the industry standard and among the best software available today for secure transactions.
4.2 - TheHouseMonk may disclose or transfer any of Your Personal Information to any group entity, contractor, service provider, government agency within or outside your jurisdiction as may be deemed to be necessary or appropriate including:
5.1 - Posting certain requirements on the Site for certain properties, whether for sale or rent, may require you to provide us with Personal Information such as Your valid ID proof and proof of employment, prior to posting such requirements. You hereby acknowledge and permit TheHouseMonk (directly or through its contractors) to contact you to at the contact number as provided by You, for intimating You on events, potential buyers, tenants or properties that other Site users might be interested in. You further consent to TheHouseMonk maintaining in our records your contact details that would be used for customer inquiry purposes.
7.1 - Some of the advertisements You see on the Site are selected and delivered by third parties, such as advertisement networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect Personal Information from You during the course of Your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand Your interests and deliver to You advertisements that are tailored to Your interests.
1.1 - TheHouseMonk has integrated third-party Payment Gateway(s) which can be availed by Users for collecting Dues from its Owners/Tenants/Vendors. For this utility, TheHouseMonk plays the role of an Online Collection Agent for the Users.
2.1 - TheHouseMonk, the facility providers and the Acquiring Banks shall not be responsible for the quality of Services to the User. (Services imply those provided by Association to the User. Please refer to Definitions for details). TheHouseMonk, the facility providers and the Acquiring Banks shall also not be responsible for any non-delivery of the Services to the User. Provided that any and all disputes regarding quality, non-delivery and delay in delivery of the Service or otherwise will be dealt with by and between the Association and the User directly and TheHouseMonk, the facility providers and the Acquiring Banks shall not be a party to such disputes.
2.1 - TheHouseMonk, the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The User acknowledges that the TheHouseMonk, the Facility Providers and the Acquiring Bank’s services may not be uninterrupted or error free. The User also acknowledges that the services provided by the Acquiring banks and the facility providers to TheHouseMonk which is passed on to the user(s) under the agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever.
2.2 - TheHouseMonk’ sole obligation and the User’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of TheHouseMonk, the facility Providers facilities and the Acquiring Bank’s Payment Mechanism and services, shall be to use all reasonable endeavors to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible. Without prejudice to any other provision of this Agreement, TheHouseMonk, the Facility Providers and the Acquiring Banks does not warrant that
2.3 - For the avoidance of doubt, in no event shall TheHouseMonk, the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following: a. amounts due from User in connection with any service obtained by the User from the Association; b. any applicable taxes and Government levies;
3.1 - TheHouseMonk, the Facility Providers and the Acquiring Banks reserves the right to impose limits on the number of purchases which may be charged on an individual credit card account during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit or from APGI Users with a prior history of questionable charges.
4.1 - Termination for Breach - TheHouseMonk may terminate the User Agreement with prior written notice to the User(s) of at least 30 days if the User(s) commits any breach of the terms of this Agreement.
4.2 - Termination in Case of Violation of Law - In addition to any other termination rights granted by this Terms of Service, TheHouseMonk may terminate the Agreement immediately without liability upon verbal or written notice if -
4.3 - Termination by notice - In addition to any other termination rights granted under this Terms of Service, either Party may terminate this Agreement on 30 days written notice to the other.
5.1 - In case of any dispute in payments or incorrect/cancelled payment, TheHouseMonk will work with the user and initiate a refund for the amount which is paid. Assuming the issue has been identified and accepted, the refund shall be processed within 15 working days, from the day of initiating the request.