By using Offer Monger 's products, software, services and/or mobile application (hereinafter referred to Application), (referred to collectively as the "Services"), you understand and agree that Offer Monger will treat your use of the Services as acceptance of these terms and conditions ("Terms of Use"). "Offer Monger" is owned and controlled by eClerx Services Ltd., a company incorporated under the Indian Companies Act, 1956, having its registered office at Sonawala Building, 1st Floor, 29 Bank Street, Fort, Mumbai-400023, Maharashtra, India (hereinafter referred to as eClerx, which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assignees). For the purpose of these Terms of Use, wherever the context so requires "you", “your” or “User” shall mean any natural or legal person who has agreed to access the Application, including an individual designated user or a corporate and/or its permitted representatives. Offer Monger reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. It shall be the responsibility of the User to review the Terms of Use periodically or at the time of using the Services, for updates/changes and your continued use of the Application shall be considered as consent to revisions made to the Terms of Use.
Offer Monger grants you a personal, non-exclusive, non-transferable, limited privilege to download and use the Application. You acknowledge and agree that Offer Monger owns all legal right, title and interest(s) in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not), and wherever in the world those rights exist. You further acknowledge that the Services may contain information which is designated confidential by Offer Monger and that you shall not disclose such information without Offer Monger's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Offer Monger's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
The Application is intended for personal and non-commercial use by User. You can only register to become a member of the Application if you are of sufficient legal age and can enter into binding contracts. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Application by you and anyone using your password and login information (with or without your permission). You agree not to use the Application for any purpose that is unlawful, illegal or forbidden by these Terms of Use, or any local laws that might apply to you. By using the Application, you agree to comply with laws that apply to India, including laws that apply to exporting technical data. We may, at our sole discretion, at any time and without advance notice and/or liability, suspend, terminate or restrict your access to all or any component of the Application.
Any dissemination by Offer Monger on or through the Application, of offers and products, offered by the third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation, endorsement or approval etc. by Offer Monger (including eClerx Services Limited) of any such third parties or their products. Offer Monger does not, through its Application displays, content or in any other manner, provide any recommendation, opinion or advice to you on any third parties corporate offers or their products. You agree that Offer Monger is in no way responsible for the accuracy, timeliness, authenticity or completeness of information it may obtain from these third parties. Your interaction with any third party based on the information accessed through the Application is at your own risk, and offer Monger will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties with/without relying on the information available via Services hereunder.
The Application may contain links to other websites and/or services. Any such interactions and/or transactions that occur between you and any such third party are strictly between you and that third party and are not the responsibility of Offer Monger. You acknowledge and agree that Offer Monger has no control over third parties or other users of these linked sites and resources, including content, information, products and services offered by advertisers, and Offer Monger does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. Offer Monger explicitly disclaims any responsibility for the materials contained on third-party sites or that link to third-party sites and/or related services. Offer Monger is not responsible for examining or evaluating, and does not represent or warrant the offerings or availability of, any of these businesses or individuals or the content of their websites, or the security of any information you might be requested to give any third party or link to third-party site. You hereby irrevocably waive any claim against Offer Monger/eClerx with respect to such sites and services. You should direct any concerns regarding any external link to the site administrator or webmaster of the third-party website.
By using any third party content, you may leave this website/Offer Monger link and be directed to an external website, or to a website maintained by an entity other than eClerx. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. Offer Monger makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that eClerx or Offer Monger sponsor, endorse, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of eClerx or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of eClerx and eClerx is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
There would be some offers/discount coupons posted from time to time by Offer Monger which would be applicable only for eClerx employees due to partnership of those brands with eClerx. The same would be specified at the time of offer being posted on the Application as well.
Offer Monger may not charge any fee for browsing/using the Application. However Offer Monger reserves the right to change its fee structure from time to time. Offer Monger may at its sole discretion introduce new services and modify some or all of the existing services offered on the Application. In such an event Offer Monger reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee structure shall be posted on the Application and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian currency. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Offer Monger. In case there is a separate agreement executed between eClerx Services Limited and the User hereunder, laying down, inter-alia, the charges and payment terms, then provisions thereunder would prevail and apply mutatis mutandis.
The Application and all content and services provided on the Application are provided on an "as is" and "as available" basis. Offer Monger 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, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. OFFER MONGER MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (B) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
eClerx (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Application), or (ii) any use of the Application or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Application or your downloading of any content from the Application.
YOU SHALL INDEMNIFY AND KEEP INDEMNIFIED ECLERX AGAINST ALL LOSSES, CLAIMS, DAMAGES, EXPENSES ETC. WHICH MAY BE INCURRED BY ECLERX DUE TO ANY ILLEGAL ACTION ON YOUR PART IN ACCESSING OR USING THE APPLICATION.
You may not assign or otherwise transfer your rights or obligations under these Terms of Use. Offer Monger may assign its rights and duties under these Terms of Use without any such assignment being considered a change to the Terms and without any notice to you.
If we fail to act on your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
These Terms of Use, together with the disclaimers and privacy policy, make up the entire agreement between Offer Monger and you relating to your use of the Application, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Application.
The use of the Application and these Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. If any dispute arises between Offer Monger and a User during the subsistence or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use or regarding any content on the Application, the courts of Mumbai, India shall have exclusive jurisdiction.
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