Thank you for using Monak App! These Terms of Service (“Terms”) govern your use of the Monak App services, including Monak App’s website, Monak App’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Monak App (collectively, the “Services”), and are entered into by you and Henal International LLC trademark as Monak App.
By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with Monak App’s Privacy Policy.
The Services comprise a platform that presents you with a set of one or more retailer virtual storefronts from which you can select goods for picking, packing, and delivery by individual personal shoppers (“Personal Shoppers”) to your location or, if available, for you to pick up in-store. In some cases, picking, packing, or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).
Delivery may be conducted by each individual Personal Shopper’s select method of transportation. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Monak App.
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that Monak App and the Personal Shopper are acting as your agents in picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that Monak App or the applicable retailer will obtain a credit card authorization for your credit card on file with Monak App to cover the cost of the goods you have purchased from the retailer and any separate Monak App fees, and your card will be charged for the goods purchased by you and any applicable fees. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Monak App, Monak App does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. Monak App reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the sites is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
Your Use of the Services
Monak App grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Monak App’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Monak App’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Monak App provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Monak App a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Monak App may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software or portions of software, in the Services may be governed by open source licenses. In that case, Monak App will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using Monak App on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Shoppers and individuals who support Monak App’s Help Center. Monak App reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. Monak App may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Monak App with any feedback on or comments regarding the Services, you grant Monak App the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same.
Monak App Communications
By creating an Monak App user account, you agree to accept and receive communications from Monak App or Personal Shoppers, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to Monak App. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Monak App, its affiliated companies and/or Personal Shoppers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from Monak App by replying “STOP” from the mobile device receiving the messages.
Monak App Coupons
Monak App Coupons are manufacturer’s coupons that are automatically applied to qualifying products upon purchase to help users save money on the products they love. Coupons are available for a limited time only and may be subject to certain restrictions. Coupons are subject to change, cancellation, or expiration at any time. If you do not purchase the qualifying items added to your cart while the Coupon is still in effect, the Coupon’s offer will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. Monak App is not a retailer or seller. Coupons are issued and paid by the manufacturer or retailer of the advertised product. The user is required to pay any applicable sales tax related to use of the Coupon. When Coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). Coupons may not be sold, copied, modified, or transferred. A Coupon has no cash value. Coupons are good while supplies last. Void where restricted or prohibited by law.
Third-party Products and Content
You agree that Monak App does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Monak App will have no liability based on such purchase, use, or access.
Service Provided as-is and release of claims
The Services are provided "AS IS" AND "AS AVAILABLE." to the maximum extent permitted by applicable laws, Monak App disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. In addition, to the maximum extent permitted by applicable laws, Monak App makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by Personal Shoppers or Third Party providers, or goods requested through the use of the services from retailers, or that the services will be uninterrupted or error-free. Monak App does not guarantee the quality, suitability, safety or ability of Personal Shoppers, Third Party providers, or retailers. You agree that the entire risk arising out of your use of the services, any services provided by Personal Shoppers or Third Party providers, or any products requested by you or delivered to you, remains solely with you.
To the maximum extent permitted by applicable laws, you agree that neither Monak App nor its affiliates, retail partners, licensors, or suppliers is responsible for the fitness or conduct of any Personal Shopper or Third Party provider. Neither Monak App nor its affiliates, retail partners, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Personal Shopper or Third Party provider.
If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release Monak App (including Monak App’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Limitation of Liability
This provision applies to the maximum extent permitted by applicable laws.
In no event shall Monak App (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages, for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if Monak App or Monak App’s agents or representatives know or have been advised of the possibility of such damages.
Monak App, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by Personal Shoppers or Third Party providers, or any products requested by you or delivered to you for more than the greater of KSh 1,000 or the amounts paid by you to Monak App for those specific services.
Indemnification
You agree to defend, indemnify and hold harmless Monak App and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Monak App, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by Personal Shoppers or Third Party providers, or any products requested by you or delivered to you for more than the greater of KSh 1,000 or the amounts paid by you to Monak App for those specific services.
Disputes & Arbitration
If you have a dispute with Monak App arising out of your use of the Services, this Section 9 applies. You agree to contact Monak App first and attempt to work out any such dispute amicably.
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Monak App agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration.
Class Action Waiver: To the extent permissible by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective action, or non-PAGA representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any class arbitration. You agree that, by entering into these terms, you and Monak App are each waiving the right to a trial by jury or to participate in a class action.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA waiver: To the extent permissible by law, there will be no right or authority for any dispute to be brought, heard, or arbitrated on a group basis or in any action in which a party seeks to represent other individual(s) in a private attorney general action (PAGA Waiver). PAGA claims may only be arbitrated on an individual basis.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
The arbitration will be held in the country where the Services are requested by you.
Arbitration Fees: Payment of all arbitration fees and each party will be responsible for their own fees.
Termination
You can stop using the Services at any time and without notice to us. Similarly, Monak App may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice.
Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the Country where the Services are requested or rendered to be provided without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 9 (Disputes & Arbitration) of these Terms shall be brought exclusively in the Country where the Services are requested or rendered and you and Monak App consent to the personal jurisdiction of those courts.
Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Monak App, shall constitute the entire agreement between you and Monak App with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
No Waiver
Monak App’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Monak App may assign its rights, licenses, and obligations under these Terms without limitation.
Changes to the Terms & Disclaimer
We may make changes to these Terms from time to time. When Monak App does so, Monak App will post the most current version of the Terms on Monak App’s website and, if a revision to the Terms is material, Monak App will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products from any shop of monak app , registered Retailer only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of retailers nor any breach of conditions, representations or warranties by the retailers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the retailers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with monak app website nor shall monak app have any obligations or liabilities in respect of any transactions on the website or mobile application.
Copyright Policy
Monak App respects the intellectual property rights of others and has implemented a copyright policy in accordance with relevant laws. Monak App will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Monak App’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Monak App’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Monak App may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Monak App
ATTN: Copyright Agent
Bawsher, PC 133, Muscat, Oman
monak.e-services@monakapp.com