Terms & Conditions
Before you use this website or any services available through this website, prudently read the terms and conditions of this website. By accessing this website or using the services, you and the business entity that you represent are agreeing to be bound by these terms and conditions. You signify and permit that your actions will bind the entity you represent while using this website or any services provided via this website. If you do not agree to the terms and conditions of this agreement, then do not access and/or use our services.
The Terms & Conditions form a legally binding agreement between You and Us, and hence, please take the time to read them carefully. By using our Services, you state that:
1)You are lawfully proficient in creating a binding contract.
2)You will comply with these Terms & Conditions and all applicable domestic and international laws and regulations.
Acceptance of Terms & Conditions
By accessing or using our services, you confirm that you can form a binding contract with Online Monk, that you accept these Terms & Conditions and that you agree to comply with them.
If you are retrieving or using the services in the best interests of a business or entity, then:
- You represent and permit that you are an official representative of the business or entity with authority to bind the entity to these Terms & Conditions and that you agree to these Terms & Conditions on the entity’s behalf.
- Your business or entity is legally and financially responsible for your access or use of the services as well as for the access or use of your account by others allied with your entity. This includes any employees, agents or contractors.
You can accept these Terms & Conditions by accessing or using our services. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms & Conditions from that point onwards.
Client Content means all business data and other information or content that is made available by or in the best interests of the client in connection with its use of the services. As between Online Monk and Client, Client retains ownership of all rights to the Client Content except as may otherwise be indicated in a Statement of Work.
Online Monk offers its clients various services. Online Monk reserves the right, in its sole discretion, to make any changes to the services that it deems necessary or useful to:
(a) Maintain or enhance:
(i) The quality or delivery of Online Monk’s services to its customers
(ii) The modest strength of or market for the services
(iii) The services’ cost efficiency or performance
(b) To comply with applicable law.
The specific services purchased by the client and made available by Company will be identified in one or more separate, written schedules that are entered into by both parties.
Statements of Work signed by both parties will become a part of these Terms & Conditions. To the degree any provision of a Statement of Work conflicts with any provision set forth herein, the provision set forth in such Statement of Work will prevail.
Certain services might involve the distribution of the Client Content, including but not limited to business listing information (e.g., store location, hours of operation, and contact information) and/or other interactions with third parties that own or operate online business directories, search websites, social media websites, mobile apps or other online properties. The client further acknowledges and agrees that:
(i)All Client Content shall be subject to the third parties’ character limits, quality standards and other applicable content policies, and that any such content might be rejected, in whole or in part, by a third party at any time in its only will, or altered at any time to conform with such policies.
(ii)Online Monk does not guarantee that any Client Content will be displayed on any third-party site.
(iii)The appearance and/or location of any Client Content placement might change at any time.
Use of Client Content
If Online Monk identifies any Client Content that is inaccurate or contains errors (e.g., the incorrect spelling of a city name or a wrong zip code), or non-compliance with a third party’s formatting guidelines (e.g., use of unsupported special characters), Online Monk may (but is not required to), in addition to its other available rights and remedies, modify the Client Content to render it true.
The client acknowledges that various services involve the provision of Client Content to third parties for use and publication and that such third parties might require nonexclusive, perpetual, irrevocable, royalty-free, unlimited use rights (or a subset of such rights) regarding such Client Content, including, but not limited to, rights to publish and syndicate such Client Content.
You hereby grant Online Monk a worldwide, royalty-free, transferable, non-exclusive license to host and use the content in order to provide you with the services and hereby signify and permit that you have all the rights essential to grant us such license.
The license includes the right to use your content in connection with Online Monk’s operation of the website, provided such content is attributed to you in agreement with the credits (i.e., business name, profile picture, photo title, descriptions, tags, and other supplementary information) if any and as suitable, all as submitted by you.
You are responsible for any content that you have posted to the website and that might be lost or irrecoverable through your use of the services. We might, but have no obligation to, monitor content on the site or websites created using our services. We might disclose any information necessary or appropriate to satisfy our legal obligations or operate the Services properly. We might also refuse to post, remove, or require you to remove any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms & Conditions.
For each service, the client will pay Online Monk the applicable fees in the amounts and in accordance with the payment terms set forth on the applicable Statement of Work. Fees do not include any taxes, duties, or similar governmental assessments, including, for instance, value-added, sale, use, or withholding taxes assessable by any jurisdiction whatsoever. The client is responsible for paying any taxes related to its purchases hereunder. If Online Monk has the legal obligation to pay or collect Taxes for which the client is responsible under this section, Online Monk will invoice Client and Client shall pay that amount unless Client provides Online Monk a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Online Monk is solely responsible for taxes assessable against it based on its income, property, and employees. The client agrees that its purchases are not contingent on Online Monk’s delivery of any future functionality or features.
Any late payments will bear interest at the rate of 1.5% per month calculated on a daily basis till it is fully paid. If any amount owing by Client is overdue, Online Monk may, without limiting its other rights and remedies, suspend Client’s access to Service(s) until such amounts are paid.
You’re eligible for a guaranteed refund if the promised returns in the one-year agreement are not received. For the second year of the agreement, billing won’t be made unless and until you get the expected profit.
Access to Website and Services
Your access to and use of the services is subject to these Terms & Conditions and all applicable laws and regulations. You might not:
- Access or use the services if you are not fully able and legally competent to agree to these Terms & Conditions.
- Carry out any activity during the access or use of our services that is unlawful, misleading, discriminatory or fraudulent in any way.
- Make illegal copies, adapt, interpret, reverse engineer, disassemble, decompile or create any copied works of the services or any content included therein, including any files, tables or documentation (or any portion thence) or control or try to determine any source code, algorithms, methods or techniques personified by the services or any derivative works thence.
- Distribute, license, transfer, or sell, in whole or in part, any of the services or any derivative works thence.
- Market, rent or lease the services for a fee or charge, or use the services to advertise or perform any commercial solicitation.
- Use the services, without our express written consent, for any commercial or illegal purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
- Hinder or try to hinder the proper working of the services, disturb our website or any networks connected to the services, or bypass any measures we might use to prevent or limit access to the services.
- Incorporate the services or any portion thence into any other program. We reserve the right to refuse service, terminate accounts or limit access to the services at our sole discretion.
- Use automatic writing to gather info from or otherwise interact with the services.
- Mimic any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, convey, distribute or otherwise make available originates from the services.
- Threaten or annoy another, or endorse sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Use or try to use another’s account, service or system without authorization from us, or create a false identity on the services.
- Use the services in a way that might create a conflict of interest or weaken the purposes of the services like trading reviews with other users or writing or soliciting fake reviews.
- Use the services to upload, communicate, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technically destructive; any unsolicited Use the services to upload, communicate, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technically destructive; any unsolicited or unlawful publicity, solicitations, advertising resources, “junk mail,” “spam,” “chain letters,” or any other forbidden form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number in the personal identity document (e.g., passport numbers) or credit card numbers; any material which does or might trespass any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is insulting of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, cheer or deliver orders for an illegal crime, unsafe actions or self-harm; any material that is purposely intended to aggravate or provoke people, particularly trolling and intimidation, or is intended to annoy, harm, upset, fright, pain, or humiliate people; any material that contains a threat of any kind, including threats of physical ferocity; any material that is chauvinistic or biased, including discrimination based on someone’s race, religion, age, gender, disability or sexuality;
- Any replies, commentaries, opinions, examinations or references that you are not correctly licensed or otherwise fit to deliver.
- Material that, in the sole judgment of Online Monk, is objectionable or which restricts or inhibits any other person from using the Services or which may expose Online Monk, the services or its users to any damage or obligation of any type.
Unauthorized Use of Services
Subject to and conditioned on Client’s payment of the fees and compliance and performance in accordance with all other terms and conditions of this Agreement, Online Monk hereby grants Client a limited, non-exclusive, non-transferable right to access and use the applicable services during the term of each applicable Statement of Work in accordance with these Terms & Conditions. The client agrees that it shall take commercially reasonable measures (which shall be no less stringent than those it uses to protect the client’s similar information) to safeguard all information related to the access and use of the services, including (but not limited to) login information, account passwords. If the client becomes aware of any unauthorized access to any of its accounts, it shall immediately notify Online Monk in writing and shall work cooperatively with Online Monk to resolve problems related to unauthorized access.
Intellectual Property Information
By accepting these Terms & Conditions, you admit and approve that all content presented to you on the website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and is the sole property of Online Monk. You are only allowed to use the content as expressly authorized by us or the specific content provider. As a condition of your access to and use of the services, you agree not to use the services to invade any intellectual property rights. We reserve the right, with or without notice, at any time and at our sole discretion to block access to and/or terminate the accounts of any user who trespasses or is alleged to invade any copyrights or other intellectual property rights.
Neither we or our affiliates permit or signify that your use of materials displayed on, or obtained through, the website will not invade the rights of third parties. Nothing in these Terms & Conditions grants you any right to use any trademark, service mark, logo, and/or the name of Online Monk.
We do not share any personal information of our users with any other users.
You shall indemnify, defend, and hold harmless Online Monk and Online Monk’s officers, directors, employees, agents, affiliates, successors, and permitted assignees (individually an “Indemnified Party,” and collectively the “Indemnified Parties”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, cost or expenses, including legal and court fees incurred by the Indemnified Parties, arising out of any third party claim brought against us relating to or arising out of an allegation of (a “Claim Against Online Monk”):
- breach of or failure to comply with the Terms & Conditions;
- breach of obligations provided in any other document included on the website;
by you or by any person using your system/account.
Limitation of Liability and Disclaimer
In no event shall we or our affiliates be liable to you or any third party for any special, disciplinary, incidental, direct, indirect or consequential damages of any kind, or any damages whatever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this website or of any website referenced or linked to from this website.
Notwithstanding any provision to the contrary, under no circumstances shall the total indemnification obligation of Online Monk under these Terms & Conditions for any damages resulting directly from these Terms & Conditions, and all claim(s), fees, costs, judgments, expenses, and/or awards to which you might be subjected or that are brought or entered against you, in the aggregate, exceed the amount paid by you to the Company for the services performed by the Company to you.
The website could include technical or other mistakes, imprecisions or typographic errors. We might make changes to the materials and services on the website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services on the website might be outdated, and we make no promise to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this website is done at your own discretion and risk and with your agreement that you will be only responsible for any damage to your devices or loss of data that results from such activities.
To the fullest extent permitted by law, any argument you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or another user, is directly between you and such third party, and you irreversibly release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such arguments.
Representation and Warranties
Each Party represents, warrants and covenants that as of the date of accepting these Terms & Conditions and/or the applicable Statement of Work (“Effective Date”) and at all times during the term of these Terms & Conditions:
- These Terms & Conditions constitute its valid and binding obligation and are enforceable against it in accordance with the terms of these Terms & Conditions.
- It has all business authority obligatory to enter into this contract. Client represents, warrants and covenants that as of the Effective Date and at all times during the term of this agreement it has obtained and grants to Online Monk adequate rights to access and use Client Content to deliver the services in accordance with these Terms & Conditions.
Terms & Termination
The term of these Terms & Conditions begins on the Effective Date and shall continue, regarding any Statement of Work, for as long as such Statement of Work remains in effect (the “Term”).
Non-Availability of Services
Services provided by us are continually being enhanced and upgraded. Consequently, certain services might not be available to you on account of being altered, momentarily removed, and/or withdrawn. We are not accountable to you in the event any offering, product and/or feature on the website becomes momentarily or permanently unobtainable.
Our Customer Support team is available 24×7 if you have any queries regarding the website or Terms & Conditions.