Terms and Conditions
Terms and Conditions
Last updated: September 19, 2022
Please read these terms and conditions carefully before using Our Service.
Last updated: September 19, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Monk & Bear
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: India
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MonkaandBear.in or Equanimous Real Estate Services, a Sole Proprietor that runs monkandbear.in.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Servicerefers to the Mobile Application or the Website or both and all the products and services available through our Website and Mobile Application including rent agreement.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Monk & Bear, accessible from https://monkandbear.in
- You or User means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out the
rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions then You may not access the
Service.
You represent that you are over the age of 18. The Company does not permit those under
18 to use the Service.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not use our products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your personal information when
You use the Application or the Website or our service and tells You about Your privacy rights
and how the law protects You. Please read Our Privacy Policy carefully before using Our
Service.
Any new features or tools which are added to the current service shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
General Conditions
We reserve the right to refuse service to anyone for any reason at
any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility or liability for, the content,
privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, goods or services available on or through any
such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-
party web sites or services that You visit.
Termination
These Terms of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
We may terminate or suspend Your access immediately, without prior notice or liability, for
any reason whatsoever, including without limitation if You breach these Terms and
Conditions.
Company does not offer services to the real estate brokers or agents and therefore, real
estate brokers or agents are not advised to use the service. If we find them using the
service, we may terminate their access immediately.
Upon termination, Your right to use the Service will cease immediately.
Products or Services
First Come First Serve Policy
We operate on first come first serve policy which means a user who confirms the final
decision to book the property on rent first & makes payment of specified fees to Monk &
Bear will get first priority over other users to book the property on rent. However,
depending upon the requirements of house owners on prospective tenants You may not get
the house despite being first. If You have already paid fees to Monk & Bear and later due to
some reasons you do not get the house on rent, we may return the fees paid by You to the
Monk & Bear to you at the earliest or in 14-21 days. In such cases Monk & Bear is not
responsible for any losses You may incur due to not getting the property.
For more detail, please review our Return and Refund Policy.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete
or current. The material on this site is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any information on
our site. You agree that it is your responsibility to monitor changes to our site.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,pricing, promotions, offers and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel Your booking of
house on rent if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any related website has been
modified or updated.
The accuracy and confidentiality of your account information is your responsibility: You are
responsible for maintaining the secrecy and accuracy of your one time password obtained
to login, email address at all times. We are not responsible for personal data transmitted to
a third party as a result of an another person getting access to your account.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
User Comments, Feedback and Other Submissions
If, at our request, You send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'),
you agree that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments or any information shared by you will not violate any right of
any third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libellous or
otherwise unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by You or any third-party.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and
any of its suppliers under any provision of this Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by You through the Service.
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time
or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Monk & Bear, our employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
We provide You necessary details to visit the house. However, You are responsible to
confirm the correctness of the information, ensure safety measures are taken during the
visits. When any user is visiting Your house, ensure all safety measures are taken, User’s
identify details are checked before allowing them to tour your house. Monk and Bear is not
liable for any damages or loss incurred during the visits.
All due diligence should be done and rent agreement should be established by You with the
owner of the property before transferring any rent or deposit amount. Monk and Bear is not
liable for any damages or loss incurred in transaction between house owner & You.
Indemnification
You agree to indemnify, defend and hold harmless Monk & Bear and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or arising out
of your breach of these Terms of Service or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties
that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and
makes no representation of any kind that the Service will meet Your requirements, achieve
any intended results, be compatible or work with any other software, applications, systems
or services, operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the operation
or availability of the Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf of the Company
are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful
components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
Modifications to The Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
Copyright and Trademark Policy
All material or content included in our Services, e.g. graphics, logos, images, clips, digital
downloads, data compilations, and software, is the property of the Company, its Users and
its content suppliers.
All other trademarks not owned by Company that appear on this site are the property of
their respective owners.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your
use of the Service. Your use of the service, application may also be subject to other local,
state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
monkandbear.in serves its customers to find a rental house in India only.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under these Terms shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall the waiver of a breach constitute
a waiver of any subsequent breach.r applicable law and the remaining provisions will continue in full force
and effect.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case of a
dispute.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material We will make reasonable efforts to provide sufficient notice prior to
any new terms taking effect. What constitutes a material change will be determined at Our
sole discretion. It is your responsibility to check our website periodically for changes.
By continuing to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: admin@monkandbear.com
- By visiting this page on our website: https://monkandbear/contact-us