Terms and Conditions
NOTE ; USING THE WEBSITE www.themonshas.com (brand of Monshas pvt ltd) MEANS THAT YOU AGREE TO THESE USER TERMS AND CONDITIONS OF USE, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1.1 The Information Technology Act of 2000 and the rules promulgated thereunder, applicable to electronic records, as well as any amended provisions, including but not limited to legislations stipulated in various statutes relating to electronic records, shall constitute and be deemed to apply to the present document, and it shall be treated as an electronic record for all purposes. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.
1.2 This text is being published in compliance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, on www.themonshas.com.
2.2 You hereby accept the following by accepting these Terms: i) To agree to these Terms, You must be at least 18 years old. (ii) That You are capable of entering into a legally binding contract with Us and are not prohibited from doing so by any relevant laws. (iii) You represent and warrant that any registration information you provide to Us is true, accurate, and complete, and that you will maintain its accuracy at all times.
Only those who can engage into a legally binding contract under the Indian Contract Act, 1872 are eligible to use the Website, the App, and other services offered by The Monsha’s. The Indian Contract Act, 1872 prohibits those who are “incompetent to contract,” including children, insolvents who have not been dismissed, etc., from using the website or placing telephone orders. You may not register as a member of the website if you are a minor, defined as someone under the age of 18, and you may not conduct business on the website or use any services if you are a minor. However, it is made clear that The Monsha’s will solely rely on the information provided by You and representations made when you register as a member of the website or place any order over the phone. You agree to indemnify The Monsha’s and keep The Monsha’s blameless from any third-party civil or criminal claim in the event that the information provided is determined to be inaccurate.
- User Account, Security, and Password
You must register as a member before making any purchases directly through the website or app. After completing the registration process on the website/app, you will be given a One Time Password (OTP) and account designation. You will need a portable phone every time you log in to finish the process. You will receive a different OTP each time you log in. You are entirely responsible for all activity that take place under your account and for protecting the secrecy of the OTP and account. In the event of any unauthorised use of Your account or other security breach, you agree to (a) promptly contact The Monsha’s and (b) make sure to leave from Your account at the conclusion of each session. The Monsha’s cannot and will not be held responsible for any harm or loss caused by Your disregard for this provision.
Using Our Services
5.1 By signing up with The Monsha’s, You acknowledge and accept that You may choose to get wellness, grooming, and beauty services (Service) in the privacy and convenience of Your home. The Monsha’s, is merely an aggregator/marketplace for professionals of various levels and qualifications.
5.2 The charges that apply to our professionals depend on their level of competence and training. The ratings for all of our technicians are dynamic and based on user feedback, so they are occasionally subject to change.
5.3 All appointments at The Monsha’s must be scheduled over the phone or online depending on the professional and service slot availability. If you’ve scheduled an appointment and our technicians are unable to show up on time, we will make every effort to let you know. However, in such cases, the extent of our liability shall be restricted to rescheduling the appointment for the earliest convenient time.
6.1 Account of the User
By selecting a home service, you acknowledge that while it is our goal to provide excellent service each and every time, there are responsibilities that fall on You as the Customer as well. i) You are responsible for paying the full amount listed on the invoice for any Services used, which includes service charges, product costs, and applicable taxes. ii) You must make sure that none of the equipment (technical and/or non-technical) used by the professionals is misused, soiled, or damaged. iii) You must never instruct a professional to perform or refrain from performing any action that is in conflict with the model the professional use when providing services. Any of the Customer’s service requests may be rejected by our specialists for any reason. You are recommended to please get in touch with our customer service for complaints and support if you have any issues in this regard. iv) At no time will You or any member of Your household misbehave with our professional, harass them, use foul language, resort to physical violence, or act in any way that is illegal. If You are not pleased with the Services, You can ask our professional to leave and then submit a complaint or other feedback on our website or mobile application. Within 24 hours of receiving your message, we’ll get in touch with you and provide you our specialised support.
6.2 The Monsha’s makes an effort to give each and every one of its customers a relaxing and faultless experience. However, The Monsha’s total liability shall in no event exceed Rs 2,000/- (Rupees Two Thousand Only) in the case of any loss or damage sustained by the Customer arising directly out of the professional’s fault and solely attributable to the professional’s negligence in the course of providing Services, subject to a thorough investigation and inspection by The Monsha’s. The Monsha’s shall not be liable for any damages of any kind, including incidental, punitive, and consequential damages, resulting from the use of the Services.
6.3 The Monsha’s urges all of its clients to fully assume responsibility for their possessions. The customer must tell The Monsha’s within twenty-four (24) hours of the time the service was requested if any of the customer’s things are discovered to be missing after using the service. The Monsha’s will do her best attempt to locate the objects, but The Monsha’s is not liable for them if they are lost or damaged.
6.4 The Customer is urged to notify The Monsha’s in writing within 24 hours of utilising the Services of The Monsha’s if the Customer detects any wrongdoing (legal or illegal) or has any complaints regarding the Services or regarding the professional. The Monsha’s, its professional’s actions are not subject to liability.
6.5 Cancellation of Services: If a customer books a service using the website or on call and makes an online payment for it, The Monsha’s will send an SMS or WhatsApp message to the customer’s selected contact number to confirm the booking and acknowledge the payment. The following methods for refund are available to the customer in the event that they cancel the appointment after paying for it: i) Refunding the whole amount paid into the customer’s selected bank account. It could take up to 14 working days, depending on the customer’s bank. ii) Refund of the total amount paid into the customer’s The Monsha’s Wallet. The money will stay in the customer’s wallet and can be used to pay for future purchases.
Rights to intellectual property
7.1 The Monsha’s is the sole owner of all Intellectual Property Rights to and in the Website, except as expressly stated in any statement to the contrary or in any proprietary information owned by a third party and so identified. This includes, without limitation, all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not) source code, goodwill, databases, meta tags, text, content, graphics, icons, and hyperlinks. You understand and agree that using, copying, or distributing any of The Monsha’s owned content from the website is prohibited without the company’s prior written consent.
7.2 Despite the aforementioned, it is made explicitly clear that You will maintain ownership of and be solely responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or other material that You may upload, transmit, or store when utilising our Services. Regarding the product customization service, however (as opposed to other services like blogs and forums), you expressly agree that by uploading and posting content on the website or app for public viewing and reproduction/use by other users, you accept as the user whereby You grant a non-exclusive licence for the use of the same.
Prices for goods and services are listed on our website and mobile application and are by reference integrated into these terms. All prices are listed in Indian rupees and may change at The Monsha’s sole discretion without giving the customer prior notice.
10.1 If The Monsha’s determines, in its sole and absolute discretion, that You have violated, abused, or unethically manipulated or exploited any of these Terms, it may de-register You from its platform and/or terminate Your use of the Website/App or its Services.
10.2 Irrespective of what was stated in 9.1 above, these Terms will remain in effect forever unless and until they are terminated by The Monsha’s.
10.3 The Monsha’s may delete any content or other materials related to Your use of the Service if You or The Monsha’s terminates Your use of the Website/App or any Service, and The Monsha’s will not be liable to You or any third party for doing so.
10.4 You are responsible for paying for any services or goods you have previously purchased or utilised up until the time of any termination by either party.
Applying the Law
The laws of India shall govern this Agreement and be applied to its interpretation and construction. If there is a disagreement between the parties over these terms, any service or product supplied by The Monsha’s through the website or app, or telephone reservations, Delhi’s courts will have sole jurisdiction over the matter.
If any term of the agreement is found to be invalid or unenforceable in whole or in part, the invalidity or unenforceability shall only apply to that term or that portion of the term, and the remaining terms of the agreement and all other terms shall remain in full force and effect.
We retain the right, at any time and without prior notice to any user(s), to change, modify, add, or remove elements of these Terms. The amended and updated Terms shall take effect immediately. You will be deemed to have accepted the amended Terms if you continue to use our services.