TERMS ACCEPTANCE
The following are the terms of service (hereinafter referred to as ‘Terms’) that govern your use/access of this website/application software, its related content, all associated sites and hyperlinks build, owned, maintained and or operated by Supervalue Ecomtech and or its Affiliates and the domain name is owned by one of its Affiliates. These Terms applies to all users of the Website.
TheMondayTicket
(hereinafter referred to as “TheMondayTicket”, “we”,
“us”, or “our”) provides a digital coupon marketplace in
India (the “Services”) which includes, and is accessible via the
website published at www.themondayticket.com (and any other websites with TheMondayTicket
branding that link to these Terms) (collectively, the “Site”). The
Services, for example, allow users to access coupons of certain third-party
merchants (“Merchants”) for online use. By using the Services, you agree to
comply with and be legally bound by the terms and conditions of these Terms of
Use (“Terms”), whether or not you become a registered user of the
Services. These Terms govern your access to and use of the Services, and
constitute a binding legal agreement between you and TheMondayTicket. Please
read carefully these Terms and our Privacy Policy and which is incorporated by
reference into these Terms.
If you do not
agree to these terms, please do not use the Services.
Unauthorized access, distribution, reproduction, copying,
retransmission, publication, sale, exploitation (commercial or otherwise), or
any other form of transfer of any portion of the Site, Application or Services,
including but not limited to all content, services, digital products, tools or
products, is hereby expressly prohibited
INTRODUCTION
TheMondayTicket offers
you the specified discount against items/products belonging to the concerned
merchants that are widely sold online. These discount vouchers are set-up by
the promotional criteria by the merchants themselves and can be availed by
anyone. These coupons usually last for a certain amount of time and will expire
after a specified period. We have set the best deals and discounts for the
shortest amount of time, sometimes only hours or for a day. Hence, it becomes
necessary for you to follow us regularly for discount codes so as to receive
the best deals. Our motive behind these codes is to generate sales for the
merchants within the specified time-period, simultaneously leveraging publicity
and branding of these merchants.
“Login”
means we have enabled the “User” to register and have access to
certain elements of the website under our terms of use.
“User”
means any person who visits or uses the website.
PARTICIPATION
Registration
To utilize
certain portions of the Services, you may be required to complete a registration
process and establish an account with TheMondayTicket (“Account”).
You represent and warrant that all information provided by you to TheMondayTicket
is current, accurate, and complete, and that you will maintain the accuracy and
completeness of this information on a prompt, timely basis.
Password and Security
As a registered
user of the Services, you may receive or establish a user name and one or more
passwords. You are solely responsible for maintaining the confidentiality and
security of your password(s) and account(s). You understand and agree that you
are individually and fully responsible for all actions and postings made from
your Account(s). Any accounts you create are not transferrable. You agree to
notify TheMondayTicket immediately if you become aware of any unauthorized use
of your account(s).
Privacy
TheMondayTicket
respects the privacy of the users. The Privacy Policy provided via the Site,
and which may be found at Privacy Policy, is expressly incorporated herein by
reference and made a part of these Terms.
User Generated Content
TheMondayTicket
does not pre-screen or regularly review all contributed content. However, TheMondayTicket
has the absolute right (though not the obligation) to remove, without notice,
any content posted.
By posting any
content, you represent and warrant:
- you have all right, title, and
interest to such posted content, including but not limited to any consent,
authorization, release, clearance or license from any third party (such
as, but not limited to, any release related to rights of privacy or
publicity) necessary for you to provide, post, upload, input or submit the
posted content, or - such posted content is in the
public domain, or - your use of such posted content
constitutes fair use. You further represent and warrant that posting such
content does not violate or constitute the infringement of any patent,
copyright, trademark, trade secret, right of privacy, right of publicity,
moral rights, or other intellectual property right recognized by any
applicable jurisdiction of any person or entity, or otherwise constitute
the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the
Site:
- adult content, pornography,
explicit sexual images, or nude images; - content containing explicit,
vulgar, or obscene language; - content promoting hate, abuse or
destructive actions; - content promoting illegal
activities; or primarily political, religious, psychic, or metaphysical
content; - content promoting pirated
software; - content intending for phishing or
spreading malware; - content that is disparaging of any
person or entity; - content that is in violation of
any law or regulation; or - any other content that is or could
be considered inappropriate, unsuitable or offensive, all as determined
by us.
LICENSE TO THEMONDAYTICKET
By posting or
contributing content to the Services, or by providing any feedback,
suggestions, ideas, and other submissions to TheMondayTicket, you are granting TheMondayTicket,
a non-exclusive, royalty-free, perpetual, and worldwide license to use your
content in connection with the operation of the Services, including, without
limitation, (a) the license rights to copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
content, and/or to incorporate it into a collective work, and (b) the right to
sublicense any or all of TheMondayTicket’s license rights to others. You
further waive any and all moral rights in and to such content in favor of TheMondayTicket.
For greater certainty, this means that, among other things, TheMondayTicket has
the right to use any and all ideas you submit (including ideas about our
products, services, publications or advertising campaigns) in any manner that
we choose, without any notice or obligation to you whatsoever.
Acceptable use
TheMondayTicket
hereby grants you a limited, non-exclusive, non-transferable, license to access
and use the Services as provided by TheMondayTicket solely for your personal
use and enjoyment in the manner permitted by these Terms. You shall not attempt
or engage in potentially harmful acts that are directed against the Services
including, without limitation, any one or more of the following:
- Using the Services in contravention
of any other agreement to which you are a party, including without
limitation any employment agreement to which you may be a party; - causing, allowing, or assisting any
other person to impersonate you; - sharing your password or login with
any other person; - logging onto a server or Account(s)
that you are not authorized to access; - creating more than one account,
forging user names, manipulating identifiers, or otherwise impersonating
any other person or misrepresenting your identity or affiliation with any
person or entity; - emulating or faking usage of the
Services; - violating or attempting to violate
any security features of the Services; - using manual or automated software,
devices, scripts, robots, or other means or processes to access,
“scrape,” “crawl,” or “spider” any pages
contained in the Site; - introducing viruses, worms,
software, Trojan horses, or other similar harmful code into the Services; - interfering or attempting to
interfere with the use of the Services by any other user, host, or
network, including without limitation by means of submitting a virus,
overloading, “flooding,” “spamming,” “mail bombing,”
“pinging,” or “crashing” the Services; - causing, allowing or assisting
machines, bots, or automated services to access or use the Services
without the express written permission of TheMondayTicket; - tampering with the operation,
functionality, or the security of the Services; - attempting to override or
circumvent any security or usage rules embedded into the Services that
permit digital materials to be protected; - attempting to probe, scan, or test
the vulnerability of the Services, or any associated system or network, or
breach any security or authentication measures; - misusing, tricking, disrupting, or
otherwise interfering with the functioning of the Services; - harvesting or collecting email
addresses or other contact information of other users or clients from the
Services by electronic or other means; - reverse engineering, decompiling,
disassembling, deciphering, or otherwise attempting to derive the source
code for any underlying intellectual property used to provide the
Services; - engaging in “framing,”
“mirroring,” or otherwise simulating the appearance or function
of the Services; - forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup posting; - deep-linking to any portion of this
Services without our express written permission; - acting illegally or maliciously
against the business interests or reputation of TheMondayTicket or the
Merchants promoted via the Services; - hyperlinking to the Services from
any other website without our initial and ongoing consent; - using the Services or any of its
contents to advertise or solicit, for any other commercial, political or
religious purpose, or to compete, directly or indirectly with TheMondayTicket; - reselling or repurposing your
access to the Services or any purchases made through the Services; or - using the Services or any of its
resources to solicit other users of the Services, Merchants or other
business partners of TheMondayTicket to become users or partners of other
online or offline services directly or indirectly competitive or
potentially competitive with TheMondayTicket, including without
limitation, aggregating current or previously offered coupons or deals.
[NOTE: Violations of system or network security may result
in civil or criminal liability. You agree that it is your responsibility to
install anti-virus software and related protections against viruses, Trojan
horses, worms, time bombs, cancelbots, or other computer programming routines
or engines that are intended to damage, destroy, disrupt, or otherwise impair a
computer’s functionality or operation.]
ACCURACY
TheMondayTicket
makes no representation or warranty as to the accuracy or fitness for use of
any offers, including, but not limited to, coupons, rebates, discounts, etc.
posted via the Services or that any third party will honor or acknowledge any
such offers, coupons, rebates, discounts, etc. posted via the Services.
TheMondayTicket
is not responsible for providing any value for any offers, coupons, rebates,
discounts, etc. posted via the Services. TheMondayTicket is not responsible for
the change of information at third party sites or stores including but not
limited to rebate information, pricing, availability or fitness for use.
TheMondayTicket
does not and cannot review all material made available through websites linked
or linking to any part of the Services. TheMondayTicket does not warrant that
the Services or any functions contained in TheMondayTicket content available
via the Services will be uninterrupted or error free, that defects will be
corrected, or that the Services or the server that makes them available are
free of viruses or bugs.
IN NO EVENT
SHALL THEMONDAYTICKET OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY,
TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THEMONDAYTICKET
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
LINKING
You understand
that any linking to or from the Services does not imply in any way that TheMondayTicket
is endorsed by any third party or that TheMondayTicket endorses or is
affiliated with any third party or any third-party website. You agree that TheMondayTicket
bears no responsibility or liability for any content accessed or harm caused
from any third-party website. Other websites may collect and treat information
they collect differently, so we encourage you to carefully read and review the
privacy policy and terms of use for each website you visit.
TRADEMARK INFORMATION
You agree that
all of TheMondayTicket trademarks, trade names, service marks, and other logos
and brand features (including, without limitation, “TheMondayTicket”,
“Save On Everything”, and “Save On TheMondayTicket”) that are displayed via the
Services (collectively, the “Marks”) are trademarks and the property
of TheMondayTicket. You agree not to display or use TheMondayTicket’s Marks in
any manner without TheMondayTicket’s prior permission. Third-party trademarks
are the property of their respective third-party owners. Presence of a
third-party trademark on the Services does not mean that TheMondayTicket has
any relationship with that third party or that such third party endorses the
Services or TheMondayTicket.
INTELLECTUAL PROPERTY OWNERSHIP
All right, title
and interest in the Services, including technology and trade secrets embodied
therein and any custom developments created or provided in connection with or
related to these Terms, including all copyrights, patents, trade secrets, trade
dress and other proprietary rights, and any derivative works thereof, shall
belong solely and exclusively to TheMondayTicket or its licensors, and you
shall have no rights whatsoever in any of the foregoing. You acknowledge that
the Services constitute a valuable trade secret and/or are the confidential
information of TheMondayTicket or its licensors. Nothing in these Terms or
otherwise will be deemed to grant to you an ownership interest in the Services,
in whole or in part. All content and materials included as part of the
Services, such as text, graphics, logos, button icons, images, audio clips,
information, data, forms, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material, and software (the “Works”) are the
property of TheMondayTicket, its licensors, or applicable third party rights
holders (such as Merchants), and is protected by copyrights, trademarks, trade
secrets, or other proprietary rights and these rights are valid and protected
in all forms, media and technologies existing now or hereinafter developed. All
works are copyrighted as individual works and as a collective work under
copyright laws and international treaty provisions, and TheMondayTicket owns a
copyright in the selection, coordination, arrangement and enhancement thereof.
You may not modify, remove, delete, augment, add to, publish, transmit, adapt,
translate, participate in the transfer or sale of, create derivative works
from, or in any way exploit any of the Works, in whole or in part. Any use
other than as contemplated herein, including the reproduction, modification,
distribution, transmission, adaptations, translation, republication, display,
or performance, of the Works, except as specifically permitted herein, is
strictly prohibited. You understand and acknowledge that unauthorized
disclosure, use or copying of the proprietary products and services provided
pursuant to these Terms may cause TheMondayTicket and its licensors irreparable
injury, which may not be remedied at law, and you agree that TheMondayTicket
and its licensors’ remedies for breach of these Terms may be in equity by way
of injunctive or other equitable relief.
DISCLAIMER, RELEASE & LIMITATION OF LIABILITY
Disclaimer
THE SERVICES ARE
PROVIDED BY THEMONDAYTICKET ON AN “AS IS” AND “AS
AVAILABLE” BASIS. THEMONDAYTICKET MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, THEMONDAYTICKET DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEMONDAYTICKET DOES NOT
WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM THEMONDAYTICKET ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL PICTURES
SHOWN OR USED IN THEMONDAYTICKET BLOG ARE FOR ILLUSTRATION PURPOSE ONLY.
Release
YOU ARE SOLELY
RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE THEMONDAYTICKET
FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A
MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT’S FAILURE TO
COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR
OFFLINE, OF ANY OTHER USER.
Limitation of Liability
THEMONDAYTICKET
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
Applicability
THE LAWS OF
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
RESTRICTED ACCESS
- We have restricted access to
certain areas of our website. We reserve the right to restrict access to
other areas of our website, or our whole website at our circumspection. - If we find any data outflow then we
will immediately disable your user ID and password without prior notice or
explanation.