Welcome to the website https://MayaByMonika.Com, operated by Maya Creations (“MAYABYMONIKA.COM”). By using the Site, you agree to comply with the terms and conditions outlined in this Terms of Use (“ToU”) and the linked Privacy Policy. It is advised that you thoroughly review both the ToU and the linked information, as the latter is an integral part of this agreement. Your acceptance of this ToU is effective upon your use of any functionality on the Site. In the event of any conflict between this ToU and other documents, the ToU will prevail concerning the usage of the Site. If you do not agree to abide by this ToU and the Privacy Policy, you are not permitted to use the Site. Please revisit this page periodically to stay informed about the most current version of the ToU. MAYABYMONIKA.COM reserves the right, at its sole discretion and without prior notice, to modify the ToU, and your continued access or use of the Site indicates your acceptance of the updated or modified ToU.


DESCRIPTION OF SERVICES



MAYABYMONIKA.COM offers users access to information on Business Support Services for Beauty and Salon at Home, Repair of Electronic Appliances, Pooja at Home, Home Function Organization, and other related goods, including Warranties and associated services, collectively referred to as the ‘Service,’ through the Site. It is your responsibility to secure access to the Site, which may involve third-party fees such as Internet service provider or airtime charges. Additionally, you must provide and ensure the availability of all equipment necessary for accessing the Site.

By utilizing this site and providing your personal/contact details, you affirm your interest in availing and purchasing the selected services. You consent to MAYABYMONIKA.COM contacting you electronically or by phone to understand your interest in the chosen products and services and to fulfill your requests. Furthermore, you acknowledge that MAYABYMONIKA.COM reserves the right to share your details with its affiliates and partners, who may contact you for information and sales through email, telephone, and/or SMS. Your agreement to receive promotional materials and special offers from MAYABYMONIKA.COM through email or SMS is also implied in this arrangement.


LICENSE AND SITE ACCESS



MAYABYMONIKA.COM provides a limited license allowing you to access and personally use the Site and its services. This license explicitly excludes downloading or copying information for the benefit of others, vendors, or any third party. Prohibited actions include caching, creating unauthorized hypertext links, and framing any Content available on the Site. Additionally, you are not allowed to upload, post, or transmit any content for which you do not have the right, such as the intellectual property of another party. Moreover, the license prohibits the uploading, posting, or transmitting of any material containing software viruses or any other computer code designed to disrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment. Engaging in actions that unreasonably burden MAYABYMONIKA.COM’s infrastructure or using data mining, robots, or similar tools is strictly forbidden. Bypassing any measures implemented by MAYABYMONIKA.COM to prevent or restrict access to the Site is also not permitted. Any unauthorized use by you shall terminate the permission or license granted to you by MAYABYMONIKA.COM. By using the Site, you agree not to: (i) Refrain from using this Site or its contents for any commercial purposes. (ii) Avoid engaging in speculative, false, or fraudulent transactions, as well as transactions based on anticipated demand.(iii) Obtain our express written permission before using any automated means, such as robots, spiders, scrapers, or manual processes, to access, monitor, or copy any content or information on this Site.(iv) Respect the restrictions in robot exclusion headers on this Site and avoid bypassing or circumventing measures in place to prevent or limit access.(v) Abstain from taking actions that, at our discretion, impose an unreasonable or disproportionately large load on our infrastructure.(vi) Seek our express written permission before deep-linking to any portion of this Site, including the purchase path for any service.(vii) Obtain our prior written authorization before ‘framing,’ ‘mirroring,’ or incorporating any part of this Site into another website.


ELIGIBILITY REQUIREMENTS



To access the Service, you must meet certain eligibility criteria. The Service is not accessible to individuals under the age of 18 or to users who have been suspended or removed from the system by MAYABYMONIKA.COM, regardless of the cause. Users are restricted from maintaining more than one active account, and any attempt to sell, trade, or transfer accounts to another party is strictly prohibited. If you do not meet these eligibility requirements, you are not permitted to use the Service or access the Site.


ACCOUNT RESPONSIBILITIES



In acknowledging your use of the Site, you affirm that you are of legal age to enter into a binding contract and are not prohibited from receiving services under the laws of India or any other applicable jurisdiction. Your utilization of the Site is solely for making legitimate purchases for yourself or for individuals for whom you have legal authorization, ensuring that they are informed about the Terms of Use (ToU) and Privacy Policy relevant to the purchase made on their behalf, including associated rules and restrictions.

Additionally, you commit to providing accurate, current, and complete information about yourself as prompted by the Site. If any provided information is found to be untrue, inaccurate, not current, or incomplete, or if MAYABYMONIKA.COM reasonably suspects such inaccuracies, MAYABYMONIKA.COM reserves the right to suspend or terminate your account and deny any current or future use of the Site. As a user of the Site, you are responsible for maintaining the confidentiality of your account and password, as well as restricting access to your computer.

You agree to bear responsibility for all activities occurring under your account or password and promptly report any unauthorized use or security breaches to MAYABYMONIKA.COM. MAYABYMONIKA.COM reserves the discretionary right to refuse service, terminate accounts, or edit content. We may deny access to the Site and its services to anyone at any time for any reason, including violations of the ToU or Privacy Policy.

Furthermore, specific terms and conditions will apply to the Services you choose to purchase, and it is essential to carefully read and adhere to them. You also agree to comply with the purchase terms and conditions set by any service provider you engage with, including timely payments and adherence to their rules and restrictions on product and service usage. Violation of a service provider’s rules may lead to the cancellation of your purchase, denial of access to the relevant service, forfeiture of any payments made, and potential debiting of your account for related costs incurred by us.


ERRORS, INACCURACIES, AND OMISSIONS



At times, our site or the Service may contain information with typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions and to modify or update information or cancel orders if inaccuracies are discovered in the Service or on any associated website, without prior notice, even after order submission.

We are not obligated to regularly update, amend, or clarify information in the Service or on any associated website, including pricing information, unless required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed to indicate that all information has been modified or updated.


SUBMITTED CONTENT TERMS



MAYABYMONIKA.COM unequivocally disclaims any claim of ownership over materials you choose to make available through the Site. At the sole discretion of MAYABYMONIKA.COM, such materials may be incorporated into the Service, either wholly or partially, or in a modified form. By submitting or making materials available for inclusion on the Site, you grant MAYABYMONIKA.COM a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license. This license permits MAYABYMONIKA.COM to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part thereof. This includes the use of the name submitted in connection with the provided content.

By submitting materials, you assert, warrant, and covenant that they do not include anything (such as text, images, music, or video) for which you lack the full right to grant the license specified in this section. MAYABYMONIKA.COM assumes no responsibility and accepts no liability for any submitted content posted or submitted by you. We retain the absolute discretion to determine which comments are published on the Site and have no obligation to post your comments.

Should you disagree with these terms and conditions, kindly refrain from providing any submitted content. You acknowledge full responsibility for the content you submit. Posting or transmitting unlawful, threatening, libelous, defamatory, obscene, pornographic, or any material that would violate rights of publicity and/or privacy, or any law, is strictly prohibited.

Additionally, the posting of commercial material or content, including solicitation of funds, advertising, or marketing, is prohibited. You may not post material or content that infringes, misappropriates, or violates any copyright, trademark, patent right, or other proprietary right of any third party. Any violation of these restrictions will render you solely liable for resulting damages or any harm arising from the posting of content on this Site.


DISCLAIMER OF LIABILITY AND WARRANTY



All visitors to this website/portal and third parties are hereby informed that, while conscientious efforts are made by the proprietors of this website/portal, namely Maya Creations (“MAYABYMONIKA.COM”), to ensure the accuracy of the Content, MAYABYMONIKA.COM assumes no legal liability and does not warrant the completeness or accuracy of the information provided on this website. MAYABYMONIKA.COM makes no guarantees regarding the error-free nature of these web pages or the uninterrupted availability thereof. Expressly, MAYABYMONIKA.COM disclaims and excludes all express and implied warranties, terms, or conditions not explicitly outlined herein, in accordance with applicable law.

MAYABYMONIKA.COM disclaims any liability for loss or damage arising from errors or omissions, whether resulting from negligence, accident, or any other cause. However, it is crucial to note that this disclaimer does not affect any claims for fraudulent misrepresentation, personal injuries, or death. The use of the service is undertaken at your sole risk, and MAYABYMONIKA.COM reserves the right to remove or cancel the service at any time without notice. Product prices are subject to change without prior notice. Under no circumstances shall MAYABYMONIKA.COM, its directors, officers, 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. These damages include but are not limited to 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. This applies to any connection with your access to, display of, or use of this site, as well as any delay or inability to access, display, or use this site.

Even if MAYABYMONIKA.COM, its affiliates, and their respective service providers have been apprised of the potential for such damages. MAYABYMONIKA.COM and its affiliates shall not be held liable and will not provide refunds in the event of delays, cancellations, strikes, force majeure, or other causes beyond their direct control. Additionally, they bear no responsibility for any supplementary expenses, omissions, delays, or actions of any government or authority.


DISCLAIMER OF ONLINE AVAILABILITY



Beyond the disclaimers and limitations articulated in this notice, assurances or warranties concerning the online availability, impressions, and click-through of www.MAYABYMONIKA.COM.com, its web pages, and any materials, information, links, or content presented on the web pages at https://MAYABYMONIKA.COM cannot be provided. It should be noted that MAYABYMONIKA.COM.com, its web pages, and any material, information, links, or content presented on the web pages at https://MAYABYMONIKA.COM may become temporarily unavailable for online access at any given time.

Approval from MAYABYMONIKA.COM is required for advertising sponsors and advertising, if any and if permitted, before the posting of any advertising material, information, links, content, banners, and graphics on https://MAYABYMONIKA.COM.

MAYABYMONIKA.COM retains the prerogative to either accept or reject any advertising sponsor or any advertising for any reason.


DISCLAIMER ON LICENSING



Absolutely nothing on any MAYABYMONIKA.COM website should be misconstrued as bestowing a license under MAYABYMONIKA.COM’s or any third party’s intellectual property rights, whether by estoppel, implication, or any other means.


LOCAL LAWS



MAYABYMONIKA.COM, with its headquarters situated in Gurgaon, India, governs and operates this Website. It is essential to note that MAYABYMONIKA.COM does not assert that the materials on the website are suitable or available for use in locations other than its operational base. If you choose to use this Website from other locations, you bear the responsibility of adhering to the relevant local laws, encompassing export and import regulations of other countries.

Unless expressly mentioned otherwise, all marketing or promotional materials discovered on this Website are expressly intended for individuals, companies, or entities located in India. Such materials are designed to align with the prevailing laws in force in India. Any disputes arising shall be exclusively subject to the jurisdiction of the Courts at New Delhi.


LIMITATION OF LIABILITY



Your explicit understanding and agreement are paramount. MAYABYMONIKA.COM, along with its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, shall not, under any circumstances, be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if MAYABYMONIKA.COM has been advised of the potential for such damages. This liability exemption extends to the use of the site, content, or any related services.

In the improbable event that MAYABYMONIKA.COM or its affiliates are deemed liable for any loss or damage arising from the occurrences described above, the liability will not exceed, in aggregate, the greater of (a) the service fees paid to MAYABYMONIKA.COM for the relevant transaction(s) on this Site, or (b) Rupees One Hundred only (INR 100). This limitation of liability is a conscious risk allocation between the parties.

Importantly, these limitations specified in this section persist and apply even if any limited remedy outlined in these terms is deemed to have failed in achieving its essential purpose. The limits of liability outlined in these terms extend to the benefit of MAYABYMONIKA.COM, its affiliates, and/or their respective service providers.


INDEMNITY



In commitment to this agreement, you hereby undertake to indemnify and safeguard MAYABYMONIKA.COM, along with its officers, directors, agents, subsidiaries, joint ventures, and employees, from any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature. This includes reasonable attorneys’ fees. The indemnification pertains to matters arising out of or connected to your breach of this Terms of Use (ToU), your violation of any law or the rights of a third party, or your utilization of the Site.


ELECTRONIC COMMUNICATION



In the course of your utilization of the Site or the transmission of emails to MAYABYMONIKA.COM, the mode of communication is electronic. By engaging with the Site, you implicitly grant consent to receive communications from MAYABYMONIKA.COM in an electronic format. Communication channels employed by MAYABYMONIKA.COM may include email, posting notices on the Site, phone communication, or other generally available means of communication.

Your agreement extends to the acknowledgment that all agreements, notices, disclosures, and other forms of communication provided by MAYABYMONIKA.COM electronically fulfill any legal stipulation necessitating such communications to be in writing.


SITE-PROVIDED EMAIL AND POSTINGS



Within the Site’s framework, users are granted the capability to send email messages to both users and non-users, along with the ability to post messages directly on the Site. It is important to note that MAYABYMONIKA.COM bears no obligatory duty to scrutinize messages, information, or content (‘Postings’) posted by users on the Site and assumes no responsibility or liability in connection with any such Postings.

While not obligated, MAYABYMONIKA.COM may periodically monitor the Postings on the Site and retains the right to decline acceptance and/or remove any email or Postings. You acknowledge and consent to refrain from utilizing any functionality provided by the Site to post content or initiate communications that incorporate:
1. Engaging in the dissemination of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, or racially and ethnically objectionable material is strictly prohibited. This includes content that encourages conduct leading to a criminal offense, civil liability, or violation of any applicable local, state, national, or international law.
2. Advertisement or solicitation in any form is expressly forbidden.
3. Acting as an impersonator or providing false information in any communication is strictly discouraged.
4. Disclosing personal information, such as messages containing phone numbers, account details, addresses, or employer references, is not permitted.
5. Messages authored by non-spokesperson employees of MAYABYMONIKA.COM, claiming to represent MAYABYMONIKA.COM or containing confidential information or expressing opinions on behalf of MAYABYMONIKA.COM, are prohibited.
6. Offering unauthorized downloads of copyrighted or private information is strictly forbidden.
7. Multiple messages from the same user reiterating the same point within individual folders are not allowed.
8. The circulation of chain letters, in any form, is strictly prohibited.
9. Transmission of identical or substantially similar messages to multiple recipients for the purpose of advertising a product or service, expressing a political or similar message, or disseminating any form of unsolicited commercial message is strictly forbidden. This prohibition extends to activities such as:

a. Utilizing MAYABYMONIKA.COM to send messages to individuals who are unfamiliar with you or unlikely to recognize you as a known contact.
b. Using MAYABYMONIKA.COM to connect with individuals who are unfamiliar with you and subsequently sending unsolicited promotional messages to those direct connections without their explicit permission. c. Sending messages to distribution lists, newsgroup aliases, or group aliases is strictly prohibited.


LINKS



The Site, along with potential contributions from third parties, may furnish links to various World Wide Web sites or resources. Given that MAYABYMONIKA.COM lacks control over these external sites and resources, it’s imperative to acknowledge and embrace the fact that MAYABYMONIKA.COM holds no responsibility for the accessibility of such external entities. Moreover, MAYABYMONIKA.COM neither endorses nor assumes responsibility or liability for the content, advertising, products, or any other materials present on or accessible from these external sites or resources.

In a broader sense, you explicitly recognize and concur that MAYABYMONIKA.COM cannot be held responsible or liable, either directly or indirectly, for any damage or loss that may arise or be alleged to arise in connection with the utilization or reliance upon any content, goods, or services made available on or through any such external site or resource.


ACCESS



Exclusive access to password-protected and/or secure sections of the Site is strictly limited to authorized users. Any unauthorized individuals attempting to breach these restricted areas of the Site may face legal prosecution.


MODIFICATION



MAYABYMONIKA.COM holds the prerogative to effect changes to the Site, its associated policies and agreements, this Terms of Use (ToU), and the Privacy Policy at its discretion. In the event of a substantial modification to this ToU, MAYABYMONIKA.COM may notify you by: (i) prominently displaying an announcement above the text of this ToU or the Privacy Policy for a duration of thirty (30) days, which is deemed sufficient notification of such changes. Once the notice of modification to the ToU or the Privacy Policy has been posted for 30 days, it will be subsequently removed.

If you haven’t utilized the Site for more than 30 days, it is advisable to review the ToU and/or Privacy Policy prior to any subsequent use. In the event that you choose to terminate your account due to a modification to the ToU or the Privacy Policy, you can do so by sending an email with the subject line ‘Termination’ to the following email address: help@MAYABYMONIKA.COM.com Opting to continue using the Site implies your agreement to be deemed accepting of the new ToU or Privacy Policy, as applicable.


SURVIVAL



Despite any other provisions within this Terms of Use (ToU) or general legal principles to the contrary, it’s imperative to acknowledge that any provision in this ToU imposing or foreseeing ongoing obligations on a party will persist beyond the expiration or termination of this agreement.


GENERAL



Should any of these conditions be deemed invalid, void, or unenforceable for any reason, the parties mutually agree that the court should strive to uphold the parties’ intentions as reflected in the provision. In such cases, the unenforceable condition will be considered severable and shall not impede the validity and enforceability of any remaining conditions.

It’s essential to note that headings are employed for reference purposes only and do not constrain the scope or extent of the respective sections. This Terms of Use (ToU) and the relationship between you and MAYABYMONIKA.COM will be under the governance of the laws of India, disregarding any conflict of law provisions.

Both you and MAYABYMONIKA.COM willingly consent to the personal jurisdiction of the courts situated in New Delhi, India regarding any legal proceedings that may arise in connection with this ToU. MAYABYMONIKA.COM’s choice to act concerning a breach by you or others does not waive its right to act regarding subsequent or similar breaches. While MAYABYMONIKA.COM does not guarantee action against all breaches of this ToU, it retains the right to do so.

Except as expressly provided otherwise in this ToU, there are no third-party beneficiaries to this agreement. This ToU constitutes the comprehensive agreement between you and MAYABYMONIKA.COM, dictating your use of the Site and superseding any prior agreements concerning the Site.