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 User Agreement, User Privacy Notice, and rules and regulations for access or usage of the www.munim.io website.
User: For the purpose of the User Agreement, Registered User/Guest User and wherever the context so require ‘You’ or ‘User’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User/Guest User using the computer systems of the Website and accepted this electronic version/electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User.
Checkbox: As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and the MUNIM Rules and Policies, please do not click on the “check box” and do not seek to obtain access to or otherwise use the Website.
Amendments: MUNIM may amend this User Agreement and/or MUNIM Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via the Website’s Announcement Board (hereinafter referred to as an “AB Post”) and/or as per the notification preference provided by you to MUNIM. The revised version will be effective at the time MUNIM posts it on the Website/AB Post or as communicated on AB post or as communicated to you per the notification preference provided by you to MUNIM (as the case may be). In addition, if the revised version of this User Agreement includes a Substantial Change, MUNIM will provide you with a minimum seven (7) days’ prior notice of such Substantial Change/s by an AB Post or as per the notification preferences provided by You to MUNIM. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in MUNIM Rules and Policies. For the purpose of this User Agreement, the term “Substantial Change” means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
Electronic Communications : When You use the Website or send emails or other data, information or communication to MUNIM, You agree and understand that You are communicating with MUNIM through electronic records and You consent to receive communications via electronic records from MUNIM periodically and as and when required. MUNIM will communicate with You by email or by an AB Post notice or electronic records on the Website which will be deemed adequate service of notice / electronic record.
USERS GENERAL CLAUSE
Users may use this The Website solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website (the “MUNIM Content”) for the purpose of re-selling, re-distributing or re-publishing the MUNIM Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with MUNIM, or otherwise commercially exploiting the MUNIM Content. Systematic retrieval of MUNIM Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MUNIM is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Some of the MUNIM Content displayed on this Website is provided or posted by third parties (“Third Party Content”). MUNIM is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. MUNIM is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance of such Third Party Content. In addition, MUNIM is not responsible for the conduct of any User’s activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
MUNIM may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third parties’ web Websites. You are cautioned to read such Websites’ terms and conditions and/or privacy policies before using such Websites in order to be aware of the terms and conditions of your use of such Websites. User acknowledges that MUNIM has no control over such third parties’ web Websites, does not monitor such Websites, and MUNIM shall not be responsible or liable to anyone for such web Websites, or any content, products or services made available on such websites.
MUNIM reserves the right to limit, deny or create different access to and use of the Website and its features and functions with respect to different Users, or to change any of the features and functions or introduce new features and functions without prior notice. Each User acknowledges that inability to use the Website wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall MUNIM be liable to the User or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.
No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by MUNIM and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No User may take any action which may undermine the integrity of MUNIM’s feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
As a condition of your access to and use of MUNIM, you agree that you will not use the MUNIM services to infringe the intellectual property rights or other legitimate rights of others in any way. For Users who are the subject of repeat complaints of infringement on copyrights or other intellectual property rights and legitimate rights of others, MUNIM and/or its affiliates may suspend or terminate the accounts of these Users. In addition, MUNIM and/or its affiliates reserves the right to terminate the account of a User upon any single infringement of the rights of others in conjunction with use of the MUNIM services, or if MUNIM believes that User’s conduct is harmful to the interests of MUNIM, its affiliates, or other users, or for any other reason in MUNIM’s sole discretion, with or without cause.
Each User who has completed and submitted a registration form online on the Website is a registered user of the Website (a “Registered User”). An account (“Account”) will be established for each Registered User and each Registered User will be assigned a user alias (“User ID”) and password (“Password”) for log-in access to its own Account.
If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to MUNIM and its affiliates during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal data in our Database and authorize MUNIM and its affiliates to share such information with other Users. MUNIM can refer to Registered User, including business entity, on the Website and in other marketing materials used to promote the Website.
MUNIM or its affiliates may impose the limitations on or suspend or terminate the use of a Registered User’s Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in MUNIM’s determination, there is any breach of the provisions of this Agreement and other terms, rules and policies for the uses of any services on a Website by the Registered User; or (b) MUNIM has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) MUNIM believes that the Registered User’s actions may cause financial loss or legal liability to such Registered User, MUNIM’s other Users, or MUNIM or its affiliates. If the Registered User is in breach of any provisions of this Agreement or other terms, rules and policies for uses of any services of a Website, MUNIM also reserves the right to publish the records of such breach on a Website. If such breach involves any dishonest or fraudulent activities, MUNIM also reserves the right to disclose the records of such breach to its affiliates and to request such affiliate to impose limitations on, suspect or terminate the Registered User’s of all or part of the services provided by such affiliates and to take other remedial actions such as to publish the records of such breach on the websites operated by or controlled by MUNIM’s affiliates.
MUNIM may at any time, in its reasonable discretion, impose limitations on suspend or terminate the use of a Registered User’s Account without being liable to the Registered User if the Registered User is in breach of any agreement or undertaking with any affiliate of MUNIM upon written notice by such affiliate and such breach involves dishonest or fraudulent activities. MUNIM shall have the right to publish the records of such breach on a Website. MUNIM shall not be required to investigate such breach or request confirmation from the Registered User.
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of MUNIM. MUNIM may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
Notwithstanding Section “Registered Users”, MUNIM may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
USERS WHO POST INFORMATION ON THE WEBSITE
You must be a Registered User in order to post information on the Website using the self-help submit and edit tools provided through the Website. Your status as a Registered User is governed by the provisions of Section “Registered Users” above.
No sales agency relationship is created between any User and MUNIM, our affiliates, directors, officers or employees by virtue of MUNIM’s display of any of the User’s information on the Website.
Each User hereby represents, warrants and agrees to (a) provide MUNIM with true, accurate, current and complete information to be displayed on the Website and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to MUNIM to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Website or provides to MUNIM or authorizes MUNIM to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website, or affecting or relating to products that are offered or displayed on the Website, including but not limited to rights of personality and rights of privacy, are hereafter referred to as “Third Party Rights.” Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Website or provides to MUNIM or authorizes MUNIM to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Website, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.
Each User hereby represents, warrants and agrees that information submitted to MUNIM for display on the Website shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Users of the Website or for any other unlawful purpose;
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- solicit business from any Users in connection with a commercial activity that competes with MUNIM;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
- otherwise create any liability for MUNIM or its affiliates.
MUNIM reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject MUNIM and its affiliates to liability, violates this Agreement or is otherwise found inappropriate in MUNIM’s opinion. MUNIM reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, MUNIM may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and MUNIM shall not be liable for damages or results thereof and User agrees not to bring any action or claim against MUNIM for such disclosure. In connection with any of the foregoing, MUNIM may suspend or terminate the Account of any User as MUNIM deems appropriate in its sole discretion. User agrees that MUNIM shall have no liability to User, including no liability for consequential or any other damages, in the event MUNIM takes any of the actions mentioned in this Section, and that User agrees to bear the risk that MUNIM may take such actions.
ACQUISITION OF NON-MUNIM PRODUCTS AND SERVICES
MUNIM may contain features designed to interoperate with Non-MUNIM Applications. To use such features, You may be required to obtain access to Non-MUNIM Applications from their providers, and may be required to grant Us access to Your account(s) on the Non-MUNIM Applications. Any acquisition by You of such Non-MUNIM products or services, and any exchange of data between You and any non-MUNIM provider, is solely between You and the applicable non-MUNIM provider. If You install or enable a Non-MUNIM Application for use with the MUNIM Service, You grant Us permission to allow the provider of that Non-MUNIM Application to access any data submitted to or collected through the Service as required for the interoperation of that Non-MUNIM Application. We are not responsible for any disclosure, modification or deletion of such data resulting from access by the provider of such Non-MUNIM Application.
TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
Through the Website, MUNIM provides an electronic web-based platform for exchanging information. MUNIM does not represent the seller or the buyer in specific transactions if such transactions are made on the Website. MUNIM does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on the Website.
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. MUNIM uses several techniques to verify the accuracy of the information our users provide us when they register on the Website. However, because user verification on the Internet is difficult, MUNIM cannot and does not confirm each User’s purported identity. We encourage you to use the various tools available on the Website, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that MUNIM shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the features and services on the site are provided on an “as is” and “as available” basis, and MUNIM hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
To the maximum extent permitted by law, MUNIM makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site, MUNIM does not represent or warranty that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and MUNIM makes no representations or warranties of any kind concerning any product or service offered or displayed on the site.
Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from MUNIM or through or from the Site shall create any warranty not expressly stated herein.
The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall MUNIM and its affiliates be held liable for any such services or products.
Under no circumstances shall MUNIM be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and save MUNIM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save MUNIM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to MUNIM, including but not limited to those set forth in Section “Users Who Post Information on the Site” above. Each User hereby further agrees to indemnify and save MUNIM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that MUNIM is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. MUNIM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MUNIM in asserting any available defenses.
MUNIM shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site;
- any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
- violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Site;
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and MUNIM and you shall have no authority to bind MUNIM in any manner whatsoever.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This User Agreement sets forth the entire understanding and agreement between You and MUNIM with respect to the subject matter hereof.
In MUNIM sole discretion, MUNIM may transfer its rights and obligations (also known as “assign”) under this User Agreement without your prior express consent, provided that MUNIM assigns the Agreement on the same terms or terms that are no less advantageous to You.
DATA FROM THIRD PARTY SITES
Registered Users may direct MUNIM to retrieve data maintained online by third-parties with which they have customer relationships, maintain accounts or engage in e-commerce transactions. MUNIM may work with one or more online marketplaces to access this data. MUNIM does not review the data for accuracy, legality or non-infringement. MUNIM is not responsible for the data or products and services offered by or on third-party sites.
MUNIM cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. MUNIM cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Bids view, part information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your third-party site credentials through the User’s account settings.
FEES AND PAYMENT
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Government tax may be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian Rupees.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
INTELLECTUAL PROPERTY RIGHTS
MUNIM is the sole owner or lawful licensee of all the rights to the Site and the MUNIM Content. The Site and MUNIM Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and MUNIM Content shall remain with MUNIM, its affiliates or licensors of the MUNIM Content, as the case may be. All rights not otherwise claimed under this Agreement or by MUNIM are hereby reserved.
“MUNIM”, “MUNIM” and related icons and logos are registered trademarks or trademarks or service marks of Ataraxia Solutions Private Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All notices or demands to or upon MUNIM shall be effective if in writing and shall be duly made when sent to MUNIM in the following manner: to Ataraxia Solutions Private Limited. 52 Salvi Bakhal, Jawahar Margh, Indore-452001 Madhya Pradesh,India.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to MUNIM, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- MUNIM is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon MUNIM’s posting such notice on an area of the Site that is publicly accessible without charge.
If any dispute arises between you and MUNIM during your use of the Website or in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MUNIM. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The User Agreement or the documents they incorporated by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 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.