Leasing Monk is a cloud-based application that facilitates discovery and use of professional workspaces (each, a “Professional Workspace”) for the working professional through https://www.leasingmonk.com, or any other URL provided by Leasing Monk (collectively, the “Website”)or any other digital media platform accessed by its users (the “Platform” and together with the Website, the “Leasing Monk Service”). The Leasing Monk Service is owned and operated by Leasing Monk Workspace Technologies Private Limited, a Haryana corporation (“Leasing Monk”, “we” or “us”). Your use of the Leasing Monk Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
"User" is defined as an individual or corporate subscriber for the Leasing Monk Service and includes their successors and permitted assignees. "User" or "You" also includes any person who access or avail the Platform/Website for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Platform/Website.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE Leasing Monk SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE Leasing Monk SERVICE. USE OF THE Leasing Monk SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the Leasing Monk Service.
a. Posting User profile or listing for the purpose of sale/rental of property, and related property services etc.
b. Find a property through Leasing Monk and its internet links.
c. Post advertisements on Leasing Monk
d. Send advertisements and promotional messages through emails and messages.
a. provide true, accurate, current and complete information about yourself as prompted by the Leasing Monk Service; and
b. As permitted, maintain and promptly update such information.
i.Access, tamper with, or use non-public areas of the Leasing Monk Service, our computer systems, or the technical delivery systems of our providers.
ii.Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
iii.Access or search or attempt to access or search the Leasing Monk Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us
iv.Any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Leasing Monk Service to send altered, deceptive or false source-identifying information. Or
v.interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Leasing Monk Service, or otherwise creating an undue burden on the Leasing Monk Service.
vi.You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Leasing Monk Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Leasing Monk Service.
vii.You further agree that you will not access the Leasing Monk Service by any means except through the interface provided by Leasing Monk for access to the Leasing Monk Service.
viii.Creating or maintaining any link from another application to any page at the Leasing Monk Service without the prior authorization of Leasing Monk is prohibited.
ix.Running or displaying the Leasing Monk Service, or any information or material displayed via the Leasing Monk Service in frames or through similar means on another website or application without the prior authorization of Leasing Monk is prohibited.
x.Any permitted links to the Leasing Monk Service must comply with all applicable laws, rule and regulations. You assume all risk when using the Leasing Monk Service, including but not limited to all of the risks associated with any online or offline interactions with Users, including workspace employees and any other people with which you may interact while using the Leasing Monk Service.
xi.You agree to take all necessary precautions when communicating with individuals through the Leasing Monk Service. PLEASE NOTE THAT THE Leasing Monk SERVICE IS INTENDED TO BE USED TO FACILITATE PROFESSIONAL WORKSPACES AND GUESTS CONNECTING AND BOOKING PROFESSIONAL WORKSPACES DIRECTLY WITH EACH OTHER. Leasing Monk CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROFESSIONAL WORKSPACES. Leasing Monk IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROFESSIONAL WORKSPACES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT YOUR OWN RISK.
xii.Leasing Monk makes no representation that Materials contained, described or offered via the Leasing Monk Service are accurate, appropriate or available for use in any particular jurisdiction, or that these Terms of Service comply with the laws of any particular country. Visitors who use the Leasing Monk Service do so on their own initiative and are responsible for compliance with all applicable law.
xiii.You agree that you will not access the Leasing Monk Service from any territory where its contents are illegal, and that you, and not the Leasing Monk Parties, are responsible for compliance with applicable law.
xiv.You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Platform, that:
a. belongs to another person and to which the user does not have any right;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to children,
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates another person;
h. threatens the unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States;
i. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
j. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause.
i.Transactions on the Leasing Monk Service are secure and protected. Any information entered by You when transacting on the Site is encrypted to protect You against unintentional disclosure to third parties. Your credit and debit card information is not received, stored by or retained by Us in any manner. This information is supplied by You directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
ii.To protect the secrecy of user identification and/or password, You shall take all such measures as may be necessary (including but without limiting to changing your password from time to time) and You shall not reveal the same to any other person(s).
iii.Since a user identification is necessary to access the Leasing Monk Service; You shall use only your own user identification.
iv.In the event of theft or/and loss of Your identification or/and password or/and security word, the You shall notify Us immediately via telephone or/and concurrently in person and also provide Us with a written notice to the same effect. You shall remain liable for use of the Leasing Monk Services until such theft or loss is notified to Us.
v.The password and username being made available to You shall be used only by the authorised representatives and employees of the organization. You shall take all necessary precautions to prevent unauthorized access or/and leakage of username or/and password being provided to You. We are not responsible for any damages or losses caused due to access of the Leasing Monk Services being provided to unauthorised persons.
vi.You shall not use any software to automatically download or/and extract either a complete or/and partial listing from Leasing Monkdatabase without prior consent from Leasing Monk in writing.
• To provide accurate, complete and correct registration data on initial application for the Leasing Monk Service.
• You agree that any data entered on the Leasing Monk Service will be subject to mandatory verification process by Us.
• Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Leasing Monk Service shall be obtained by You at Your own cost.
• You will ensure compliance with all notices or instructions given by Us from time to time to enable the use of the Leasing Monk Service.
• You shall be solely responsible for all information retrieved, stored and transmitted by You.
• You shall be responsible for all the activities that occur using Your display name and password.
• You shall immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
• You shall promptly make the payment to Us towards the Fees as and when it becomes payable.
• You will indemnify Leasing Monk for any action or claim committed/made by any third party resulting from any information posted on the Leasing Monk Service by You or/and anybody else on Your behalf and account.
• You are solely responsible for any data entered on the Leasing Monk Service. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal).
1.LEASING MONK is not and cannot be a party to or control in any manner any transaction between the Users.
2. All commercial/contractual terms are offered by and agreed to between You and your Clients. The commercial/contractual terms include without limitation rentals, payment methods, payment terms, transfer of possession, etc.
3. LEASING MONK is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between You and the Clients. LEASING MONK shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
4. You acknowledge and undertake that you are accessing the facilities on the Leasing Monk Service and transacting at your own risk and are using your best and prudent judgment before entering into any transactions.
5. LEASING MONK does not ensure that the Users shall perform their obligations in respect of the transaction concluded on the Leasing Monk Service.
6. LEASING MONK is not responsible for any non-performance or breach of any contract entered into between You and your Clients.
7. LEASING MONK does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
8. LEASING MONK is not responsible for unsatisfactory or delayed performance of services or damages or delays.
9. You release and indemnify LEASING MONK and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Leasing Monk Service and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, LEASING MONK cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the Leasing Monk Service.
i. The first and last name of the visitor who has requested the booking (the “Visitor”) and
ii. A link to the Visitor’s Leasing Monk account profile page, so that you can view such information before confirming or rejecting the booking request.
i. Obtain a pre-authorization via your credit card for the total fees or
ii. charge your credit card a nominal amount, not to exceed one dollar (1 INR), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card.
1. Communications to You: The communications between you and us usually use electronic means, whether you access, visit or use the Leasing Monk Service, send us messages, or whether we post notices on the Leasing Monk Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically and your agreement to do so apply to all of your interactions and transactions with us.
2. Confidentiality : In connection with your use of the Leasing Monk Service, you may receive confidential and proprietary, or personal information of Leasing Monk and other Users (“Confidential Information”) which includes any nonpublic information written or oral relating of Leasing Monk, its partners or affiliates, or other Users. You will keep Confidential Information in confidence, only use it for your permitted use of the Leasing Monk Service, and not disclose it to any third party except your subcontractors and advisors who need to know the information for your business purposes and who agree in writing to provisions regarding Confidential Information at least as favourable to Leasing Monk as those in these Terms of Service.
3. Content : All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Leasing Monk Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Leasing Monk Service, and you warrant that you possess all rights necessary to provide such Content.
We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the Leasing Monk Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicense able and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business. For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Leasing Monk Service.
4. Termination : You may discontinue access to and participation in the Leasing Monk Service at any time. Upon discontinuance of use/termination for any reason, Leasing Monk may delete all data/information related to User from Service.
5. Monitoring : We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Leasing Monk Service, including as applicable, in the social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Nevertheless, we do not make any representations, warranties or guarantees that:
i. The Leasing Monk Service, or any portion thereof, will be monitored for accuracy or unacceptable use,
ii. Apparent statements of fact will be authenticated, or
iii. we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to content that is opinionated, offensive, and/or inappropriate.
6. No Endorsement : Leasing Monk does not endorse any users of the Leasing Monk Service, including Visitors or Professional Workspaces. Users are required by these Terms of Service to provide accurate information, and although Leasing Monk may undertake additional checks and processes designed to help verify or check the identities or backgrounds, we do not make any representations about, confirm, or endorse any user or user’s purported identity, background, information or social media presence.
By using the Leasing Monk Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or third parties will be limited to a claim against the particular user or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Leasing Monk with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other applicable users on the Leasing Monk Service regarding any bookings or listings made by you.
7. Representations: You expressly represent, warrant, and/or acknowledge that:
i. Leasing Monk does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any data, products or services, found through the Leasing Monk Service, including without limitation any Professional Workspace.
ii. Leasing Monk does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any data, products or services found through the Leasing Monk Service, including without limitation any Professional Workspace.
iii. Leasing Monk makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Leasing Monk Service may be owned or licensed by third parties, including without limitation any Professional Workspace.
iv. Leasing Monk is not a party to any transaction between you and any provider of products or services via the Leasing Monk Service, including without limitation any Professional Workspace. Any dispute shall be resolved between yourself and such provider of such products or services.
v. Any information, including any data, Materials, or Content on the Leasing Monk Service, including on any Facebook, Instagram or Twitter page, is for informational purposes only.
vi. You assume all risk when using the Leasing Monk Service, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
vii. You acknowledge that the Leasing Monk Service is a platform and does not actually provide the Professional Workspaces and/or the Visitors. You assume all risk regarding currency fluctuations, as fluctuations in the currency market may have an impact on the value of a booking or potential booking, along with any potential refund for a cancellation.
i. THE Leasing Monk SERVICE WILL MEET YOUR REQUIREMENTS.
ii. THE Leasing Monk SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
iii. INFORMATION THAT MAY BE OBTAINED VIA THE Leasing Monk SERVICE WILL BE ACCURATE OR RELIABLE;
iv. THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE Leasing Monk SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND
v.v. ANY ERRORS IN THE Leasing Monk SERVICE WILL BE CORRECTED. THE Leasing Monk PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR
i. As A Publisher Of Information
ii. For Any Incorrect Or Inaccurate Information;
iii. For Any Unauthorized Access To Or Disclosure Of Your Transmissions Or Data.
iv. For Statements Or Conduct Of Any Third Party On Or Via The Leasing Monkservice;
v. For Any Disputes Between Users Of The Leasing Monk Service Or Between A User Of The Leasing Monk Service And A Third Party; Or
vi. For Any Other Matter Relating To The Leasing Monk Service Or Any Third Party. This Is A Comprehensive Limitation Of Liability That Applies To All Damages Of Any Kind, Including Any Direct, Indirect, Special, Incidental Or Consequential Damages, Whether Based On Breach Of Contract, Breach Of Warranty, Tort (Including Negligence), Product Liability Or Otherwise, Even If An Individual Advises The Leasing Monkparties Of The Possibility Of Such Damages. The Limitations Of Liability Set Forth Herein Are Fundamental Elements Of The Basis Of The Bargain Between Leasing Monk And You. The Products, Information And Services Offered On And Through The Leasing Monk Service Would Not Be Provided To You Without Such Limitations. Notwithstanding The Foregoing, The Sole And Entire Maximum Liability Of The Leasing Monk Parties For Any Reason, And Your Sole And Exclusive Remedy For Any Cause Or Claim Whatsoever, Shall Be Limited To The Charges Paid By You Directly To Leasing Monk Via The Leasing Monk Service For Services Provided Solely And Directly By Leasing Monk To You (And Not Fees Paid To Professional Workspaces) In The Three Months Prior To Such Cause Or Claim .
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Information describing where the allegedly infringing material is located on the Leasing Monk Service.
4. FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE Leasing Monk SERVICE;
5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. The foregoing information may be emailed to email@example.com. Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
We provide a number of internet-based services through our Platform and Website which include:
The Services can be purchased through various methods of payments offered.
You hereby represent and warrant to Us that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms of Service. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use of services through the Platform and/or Website and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
3. Updates to Terms of Service, Integration :
4. Modifications to the Leasing Monk Service :
Features of the Leasing Monk Service may be modified/deleted and may be temporarily or permanently suspended at any time, with or without notice. Leasing Monk will not be liable to you or any third party for any modification, suspension, or discontinuance of the Leasing Monk Service.
6. Intellectual Property :
You acknowledge that all materials on the Leasing Monk Service, including the Website design, Platform design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Leasing Monk and/or its licensors, and are subject to and protected by Indian and international copyright and other intellectual property laws and rights.
All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Leasing Monk authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Leasing Monk or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Leasing Monk Service are the sole property of Leasing Monk and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Leasing Monk and/or its licensors.
Leasing Monk reserves the right to enforce its intellectual property rights to the fullest extent of the law. For the avoidance of doubt, your use of the Leasing Monk Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Leasing Monk Service are either the property of Leasing Monk, its affiliates or licensors.
Leasing Monk retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Leasing Monk to you are fully reserved by Leasing Monk, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Leasing Monk Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Leasing Monk, the Leasing Monk Service, our products and services, the Website and/or the Platform.
7. Mobile Participants :
You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Leasing Monk Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the Leasing Monk Service. We do not represent, warrant or guarantee that all portions of the Leasing Monk Service, or the Leasing Monk Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
8. Third Party Sites:
Links provided via the Leasing Monk Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the Leasing Monk Service
Leasing Monk does not control nor endorse any such third party websites. You agree that the Leasing Monk Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites.
You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Leasing Monk Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You are advised that other websites on the Internet, including third party websites linked from the Leasing Monk Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Leasing Monk expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
9. Use of the Leasing Monk Service :
You may be required to establish an account in order to use the Leasing Monk Service and/or take advantage of certain features. If so, you agree to:
If you provide any information that is false, inaccurate or outdated or Leasing Monk have reasonable grounds to suspect that such information is false, inaccurate or outdated.
Leasing Monk has the right to suspend or terminate your account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account.
Your account is meant to be private and you shall not share accounts for any reason.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
You agree to be responsible for all charges resulting from the use of your account via the Leasing Monk Service, including charges resulting from unauthorized use of your account.
You agree to use the Leasing Monk Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Leasing Monk Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law.
You agree not to use the Leasing Monk Service in any manner that interferes with its normal operation or with any other user’s use of the Leasing Monk Service.
Platform Usage Limitations
You may not do any of the following while accessing or using the Leasing Monk Service:
Obligations and Representations of User
The information, software, products, and services published on Leasing Monk Service may include inaccuracies or errors, including space availability and pricing errors. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the coworking space, or locations displayed on the Leasing Monk Service (including, without limitation, the pricing, availability, photographs, list of coworking spaces, reviews and ratings, etc.). In addition, Leasing Monk expressly reserves the right to correct any availability and pricing errors on our website and/or on pending reservations made under an incorrect price. All such information, software, products, and services are provided "as is" without warranty of any kind. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall We (or our officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, Your access to, display of or use of Leasing Monk Service or with the delay or inability to access, display or use Leasing Monk Service (including, but not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through Leasing Monk Service; or otherwise arising out of the access to, display of or use of Leasing Monk Service) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
Disclaimer pertaining to RERA
Project developers or builders and Real Estate Agents, are required to comply with rules, regulations and guidelines of RERA Act 2016 and obtain necessary registration under the said Act. It is mandatory for Project developers or builders and Real Estate Agents to disclose on the Site, all material and requisite information as required under the Act. We do not guarantee that Project(s) and Real Estate Agents have registered under the Act or are compliant with the same. In no event will the Company be liable for any claim made by the Users including seeking any cancellation for any of the inaccuracies in the information provided in this Site.
It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERA Act 2016) developed, built by a Developer/ Builder and/or initiated /referred to by a Real Estate Agent, before making any Buy/Sell or any other decisions.
Platform for Listing and Information
Reservations and Financial Terms for Professional Workspaces If you are the owner of a Professional Workspace wishing to use the Leasing Monk Service, you will be required to keep an updated calendar that clearly states whether space is available. A booking will automatically be confirmed if space is shown as available per your calendar. If a Professional Workspace has to cancel a reservation because of an outdated calendar, their listing or rating on the Leasing Monk Service could be negatively affected and/or its participation with the Leasing Monk Services may be affected, in Leasing Monk sole discretion.
When a booking is requested via the Leasing Monk Service we will share with you:
When a booking is confirmed by a Visitor, Leasing Monk will send you an email, text message or message via the Leasing Monk Service.
Leasing Monk, in it sole discretion, may collect the fees either at the time of booking confirmation (i.e. when the Professional Workspace confirms the booking request) or after the Visitor uses the Professional Workspace, and will initiate payment of the fees to the applicable Professional Workspace at the end of each calendar month (except to the extent that a refund is due to the Visitor).
Leasing Monk, in its sole discretion, may offer promotions to Visitors. The payout made to the Workspaces will be adjusted proportionately to account for the promotion. The time it takes for the Professional Workspace to receive payouts may depend upon the method for receiving payouts chosen by the Professional Workspace. Some methods may involve the use of third-party payment processors, who may impose their own additional charges for payment processing, and such processing fees shall be deducted from the applicable payment amount to the Professional Workspace.
If you owe or agree to pay any amount to Leasing Monk (whether as a result of your bookings or actions as a Visitor or otherwise), then Leasing Monk may (but is not obliged to) withhold the amount owing to Leasing Monk from any payout amounts due to you as a Professional Workspace, and use the withheld amount to setoff the amount owed by you to Leasing Monk.
If Leasing Monk does so, then your obligation to pay Leasing Monk will be extinguished to the extent of the amount withheld by Leasing Monk, and Leasing Monk will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Each Professional Workspace agrees that payment made by a Visitor, shall be considered the same as a payment made directly to the Professional Workspace, and the Professional Workspace will make the Professional Workspace available to the Visitor in the agreed-upon manner as if the Professional Workspace has received the fees directly.
Each Professional Workspace agrees that Leasing Monk may, in accordance with the cancellation policy,
Once Leasing Monk receives confirmation of your booking from the applicable Professional Workspace, Leasing Monk will collect the total fees in accordance with these Terms and Conditions and the pricing terms set forth in the applicable listing.
Please note that Leasing Monk cannot control any fees that may be charged to a Visitor by his or her bank related to Leasing Monk’s collection of the total fees, and Leasing Monk disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit/debit card information either to Leasing Monk or its third-party payment processor(s).
You agree to pay Leasing Monk for any confirmed bookings made in connection with your Leasing Monk account in accordance with these Terms of services by one of the methods described on the Leasing Monk Service, e.g. by PayPal or credit card.
You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Leasing Monk or indirectly, via a third-party online payment processor or by one of the payment methods described on the Leasing Monk Service.
You also authorize Leasing Monk to charge your credit/debit card in the event of damage caused at a Professional Workspace as contemplated under “Damage to Professional Workspace” below and for Security Deposits, if applicable. If you are directed to Leasing Monk’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.
Security Deposits Professional Workspaces may choose to include security deposits in their listings (“Security Deposits”).
Each listing will describe whether a Security Deposit is required for the applicable Professional Workspace. If a Security Deposit is included in a listing for a confirmed booking of an Professional Workspace, Leasing Monk will, in its capacity as the payment collection agent of the Professional Workspace, use its commercially reasonable efforts to obtain a pre-authorization of the Visitor’s credit/debit card in the amount the Professional Workspace determines for the Security Deposit within a reasonable time prior to the Visitor’s check-in at the applicable Professional Workspace’s Professional Workspace.
Leasing Monk will also use its commercially reasonable efforts to address Professional Workspaces’ requests and claims related to Security Deposits, but Leasing Monk is not responsible for administering or accepting any claims by Professional Workspaces related to Security Deposits, and disclaims any and all liability in this regard.
Service Fees In consideration for the use of the Leasing Monk Service, Leasing Monk will charge a fee (the “Service Fee”). Where applicable, taxes (such as GST in India) may also be charged in respect of fees. The Service Fee will calculated be on the final amount billed to the customer, after any promotions have been applied.
Balances will be remitted by Leasing Monk to Professional Workspaces via check, PayPal, direct deposit or other payment methods described on the Website or the Leasing Monk Service, in the Professional Workspace’s currency of choice, depending upon the selections the Professional Workspace makes via the Site, Application and Services.
Please note that Leasing Monk, may impose or deduct foreign currency processing costs on or from any payments or payouts by Leasing Monk in any applicable currency. Except as otherwise provided herein, Service Fees are non-refundable. Cancellations and Refunds
Warranties, Disclaimers and Limitations of Liability :
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE Leasing Monk SERVICE IS AT YOUR SOLE RISK. THE Leasing Monk SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, Leasing Monk, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “Leasing Monk PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Leasing Monk PARTIES MAKE NO WARRANTY THAT:
RELATING TO THE USE OF OR INABILITY TO USE THE Leasing Monk SERVICE, INCLUDING ANY LIABILITY:
You agree to indemnify, defend and hold harmless the Leasing Monk Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Leasing Monk Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Leasing Monk Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Leasing Monk Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Applicable Law and Jurisdiction
Your use of the Leasing Monk Service is governed by and will be enforced under the laws of the State of Haryana without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Haryana. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Leasing Monk Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration Act then in effect and before a single arbitrator chosen by Leasing Monk. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Leasing Monk may seek any interim or preliminary relief from a court of competent jurisdiction Haryana necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE Leasing Monk SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Procedure for Notifying the Company of Copyright Infringement
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
If You believe that any Content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately. LEASING MONK will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
These Terms of Service constitute the entire agreement between Leasing Monk and each user of the Leasing Monk Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. You may not assign any of your rights or delegate any of your obligations under these Terms of Service. Your subcontractors and employees will comply with these Terms of Service applicable to you, and you are responsible for their actions and omissions as though they were your actions and omissions. The failure of the Leasing Monk Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever. No action arising out of these Terms of Service or your use of the Leasing Monk Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such case arose).
Grievance officer for infringement and other claims
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Gautam Duggal/Mini Gautam
E-mail: firstname.lastname@example.org / email@example.com