TERMS OF USE

This agreement ("user agreement") incorporates the terms and conditions for Munify Datatech Private Limited and its affiliate Companies ("Munify") to provide services to the person (s) ("the User") intending to access products and/ or services offered by Munify by using Munify's websites or using any other customer interface channels of Munify which includes its sales persons, offices, call centers, advertisements, information campaigns etc.

Both User and Munify are individually referred as 'party' to the agreement and collective referred to as 'parties'.

  1. 1. User Obligation:
    1. 1. The Users availing services from Munify shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Munify for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Munify with respect to any services to be provided by Munify shall be restricted to the scope of this agreement.
    2. 2. Munify reserves the right, in its sole discretion, to terminate the access to any or all Munify websites or its other channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
    3. 3. Certain products or services may be provided by third party suppliers. In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Munify. Such TOS will be provided/ updated by Munify which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
    4. 4. Munify's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Munify's Services.
    5. 5. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Munify document, then these terms shall control.
  2. 2. Third Party Account Information:
    1. 1. By using the Account Access service in Munify's websites, the User authorizes Munify and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
    2. 2. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
    3. 3. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Munify immediately in writing of any unauthorized use of their password or account or any other breach of security. Munify will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
  3. 3. Payments:
    1. 1. Munify reserves the right to charge fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Munify further reserves the right to alter any and all fees from time to time, without notice.
    2. 2. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
    3. 3. In case, there is a short charging by Munify for services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
    4. 4. Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
  4. 4. Confidentiality: All the information which is specifically mentioned by Munify as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
  5. 5. Communication to mobile number of the User: Munify may send service confirmation, payment confirmation, or any such other information relevant for the service, via SMS or by voice call on the contact number given by the User. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Munify is (a) upon the request and authorization of the User, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Munify against all types of losses and damages incurred by Munify due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Munify with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
  6. 6. Responsibility of the User:
    1. 1. Munify is responsible only for the transactions that are done by the User through Munify. Munify will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
    2. 2. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
    3. 3. The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
  7. 7. User Contributions:
    1. 1. User may contribute data, information, content, etc., report errors or may make suggestions ('Contributions') to Munify. All such Contributions will be considered voluntary, free of any royalty and without any expectation of any consideration in return, whether monetary or otherwise. User agrees that Munify may assume an irrevocable copyright on such Contributions.
    2. 2. Use represents, warrants and undertakes Munify is the rightful owner of such Contributions and/or that such Contributions will not infringe any third-party rights including any intellectual property rights.
    3. 3. User will indemnify Munify and hold Munify harmless, and its respective officers, directors, shareholders, contractors, agents and employees from and against, any and all claims, actions, suits, proceedings, liabilities, awards, losses, damages, injuries, penalties, judgments, costs, expenses or disbursements (including attorneys' fees and legal costs) arising out of or in connection with any claims of infringement (real or alleged) of third party rights, including intellectual property rights, arising out of or in connection with Munify's use of the Contributions. If User is not sure, then do not make such Contributions.
    4. 4. Munify may choose to use or not to use such Contributions, either in full or in part.
  8. 8. Force Majure:
    1. 1. The User agrees that in situations due to any technical or other failure in Munify, services committed earlier may not be provided or may involve substantial modification. In such cases, Munify shall refund the amount received from the User for availing such services, which shall completely discharge any and all liabilities of Munify against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
    2. 2. Munify shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes. In such event, the user affected will be promptly given notice as the situation permits.
    3. 3. Without prejudice to whatever is stated above, the maximum liability on part of Munify arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of amount received from the customer for availing the specific service, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Munify for its services.
    4. 4. In no event shall Munify and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Munify website(s) or any other channel . Neither shall Munify be responsible for the delay or inability to use the Munify websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Munify website(s), or otherwise arising out of the use of the Munify website(s), whether based on contract, tort, negligence, strict liability or otherwise.
    5. 5. Munify is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
  9. 9. Use of the Data: The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

    Nevertheless, Munify will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

  10. 10. Proprietary Rights:
    1. 1. Munify may provide the User with contents such as graphics, statistical data, analysis, reports, videos or other such proprietary material. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
    2. 2. The User may use this material only as expressly authorized by Munify and shall not copy, transmit or create derivative works of such material without express authorization.
    3. 3. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
    4. 4. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
  11. 11. Personal And Non-Commercial Use Limitation: Unless otherwise specified, the Munify services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Munify website(s) without the express written approval from Munify
  12. 12. Indemnification: The User agrees to indemnify, defend and hold harmless Munify and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Munify and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
    The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Munify cannot be held responsible for the same.
  13. 13. Right To Refuse:
    1. 1. Munify at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Munify is not complete until full money towards the service is received from the customer and accepted by Munify.
    2. 2. Without prejudice to the other remedies available to Munify under this agreement, the TOS or under applicable law, Munify may limit the user's activity, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

      The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference.

      Munify is unable to verify or authenticate any information provided by the user; or

      Munify believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Munify.

    3. 3. Munify may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Munify or use the website in any manner whatsoever until such time that the user is reinstated by Munify.
    4. 4. Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Munify reserves the right to recover any amounts due and owing by the user to Munify and/or the service provider and to take strict legal action as Munify deems necessary.
  14. 14. Right to Cancellation in Case of Invalid Information:
    1. 1. The User expressly undertakes to provide to Munify only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Munify.
    2. 2. In case Munify discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Munify in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the request, etc. without any prior intimation to the User. In such an event, Munify shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of services.
    3. 3. The User unequivocally indemnifies Munify of any such claim or liability and shall not hold Munify responsible for any loss or damage arising out of measures taken by Munify for safeguarding its own interest and that of its genuine customers. This would also include Munify denying/cancelling any requests on account of suspected fraud transactions.
  15. 15. Refund & Cancellation
    1. 1. Subscription once taken cannot be cancelled.
    2. 2. Any violation of the subscription terms and conditions will result in freezing of the said subscription without prior notice.
    3. 3. Other terms of use and rules of subscription formed/amended from time to time will also be applicable to the existing subscribers of the site. In case any new or amended terms take effect in the middle of a subscription, the user will be notified and will have the option to cancel the subscription within one week of the notification, with a pro-rated refund.
  16. 16. Interpretation: The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
  17. 17. Severability: If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
  18. 18. Headings: The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Munify Websites or its partner websites or any provision hereof in any manner whatsoever.

    In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Munify website, then these terms shall control.

  19. 19. Relationship: None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Munify Websites or its partner websites, shall be deemed to constitute a partnership between the User and Munify and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
  20. 20. Updation of the information: User acknowledges that Munify provides services with reasonable diligence and care. It endeavours its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Munify websites or other channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Munify notices them. Changes are/may be periodically made/added to the information provided such. Munify may make improvements and/or changes in the Munify websites at any time without any notice to the User. Any advice received except through an authorized representative of Munify via the Munify websites should not be relied upon for any decisions.
  21. 21. Modification of terms of use: Munify reserves the right to change the terms, conditions, and notices under which the Munify websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
  22. 22. Jurisdiction: Munify hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Munify considers itself and intends to be subject to the jurisdiction only of the courts of Hyderabad, India.
  23. 23. Responsibilities of User: The User expressly agrees that use of the services is at their sole risk. To the extent Munify acts only as a facilitator, it shall not have any liability whatsoever for any aspect of the standards of services. The services are provided on an "as is" and "as available" basis. Munify may change the features or functionality of the services at any time, in their sole discretion, without notice. Munify expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Munify or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Munify pages or otherwise use any of the contents, pages, information or any other material provided by Munify. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Munify in writing.