These Terms may be updated by us and the Terms, as amended from time to time, will apply to you. These Terms expressly supersede any prior written agreement with you. You can always review the most current version of these Terms on the Platform here.
These Terms constitute a binding and enforceable legal contract between Rewild Labs Pvt Limited, a company incorporated under the Companies Act, 2013 (bearing company identification number U70200HR2022PTC102470), having its registered office at Y 165, REGENCY PARK II, DLF PHASE IV, Gurgaon, Haryana-122009 and its affiliates, successors, and assigns (“Monter”, “we”, or “us”) and any end-user of the Services (“you”). You represent and warrant that you: (i) have full legal capacity and authority to agree and bind yourself to these Terms; and (ii) are 18 (eighteen) years of age or older. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you will comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
These Terms also include terms, policies, and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
1. SERVICES
- The Services include the provision of the Platform that facilitates an online marketplace connecting businesses within the legal jurisdiction of India (hereafter, collectively referred to as the “Companies” or the “Sellers”) to potential investors in and/or buyers of such businesses (hereafter, collectively referred to as the “Investors” or the “Buyers”). The Services stipulated for the Investors broadly include showcasing potential deals, the valuation and authentication of the businesses listed for investment/acquisition, Company information, and facilitating the exchange of information and commercial terms pertaining to such businesses and interactions between potential Investors and Companies through the Platform.
- Monter will provide you with certain preliminary information about potential deals based on the information provided by you. Business Information may be exchanged between Companies and Investors through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Companies and Investors provided on the Platform.
- If you, as the Investor, decide to invest into / buy a Company’s business in furtherance of the provision of the Services hereunder, you will be required to agree with, inter alia the Company/ies and such other persons as may be required in the context of the transaction.
2. PROFILE CREATION
- To avail of the Services, you will be required to create a profile on the Platform as an Investor (a profile created by an Investor shall be referred to as an “Investor Profile”).
- To create an Investor Profile, you will be required to furnish certain details, including but not limited to phone numbers of your points of contact, details of and information about your businesses, and email addresses using your organizations’ identifiers. You warrant that all information furnished in connection with your Investor Profile is and shall remain accurate and true in all respects and agree that you shall promptly update your details on the Platform in the event of any change or modification.
- You are solely responsible for maintaining the security and confidentiality of your username and password and agree to immediately notify Monter of any disclosure or unauthorized use of your Investor Profile or any other breach of security with respect to your Investor Profile.
- You expressly agree to be liable and accountable for all activities that take place through your Investor Profile. Monter shall in no manner be held liable for any unauthorized access to or use of an Investor Profile.
- You agree to receive email communications from Monter regarding (i) information relating to transactions recorded on the Platform; (ii) information about Monter and the Services; (iii) promotional offers and services from Monter and its third-party partners; and (iv) any other matter in relation to the Services.
- Monter may be required to undertake certain “know your customer” processes in relation to the Investors who intend to avail certain features of the Services to verify their identities. In this regard, Monter may, from time to time, require you to upload information and documents that may be necessary to verify information that you have provided on the Platform (“KYC Documents”).
- You agree and warrant to provide true, complete, and up to date KYC Documents upon request. You further acknowledge that: (i) any false or misleading information provided in this regard shall constitute a material breach of these Terms; and (ii) your access to certain features of the Services may be limited or denied if you fail to share KYC Documents.
3. INVESTOR’S CONFIDENTIALITY OBLIGATIONS
- You understand and acknowledge that you shall be exposed to information pertaining to the Companies onboarded on Monter’s Platform, including Business Information, via your Investor Profile. Monter shall additionally share materials and information including but not limited to business plans, commercial data, strategies, user lists, etc. as a part of its Services to you. You acknowledge that all such information shared by Monter shall be confidential in nature (“Confidential Information”).
- You shall not disclose the Confidential Information to any third party other than your representatives, on a need-to-know basis, provided that such representatives shall be bound by similar confidentiality obligations.
- You shall use the Confidential Information only for the purpose of your engagement with Monter, to explore the viability of and to consummate any transaction with respect to the Company or for any other purpose ancillary to any transaction with respect to any Company.
- You also agree that such Confidential Information may consist of Personal Data of Monter’s users which shall only be utilized by you in furtherance of the purpose identified between you and Monter. You agree to hold such Personal Data in confidence, comply with the applicable law and the principles set out therein in relation to storing and processing of Personal Data in such a manner that Monter is not in actual or potential breach of its obligations under the applicable law. “Personal Data” is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a person, is capable of identifying such person.
- Nothing contained herein or in any other document executed between Monter and you (if any) shall be construed as granting or implying any transfer of rights or licenses in the Confidential Information, or any copy, derivative, modification or enhancement thereof, of Monter or the respective owners to you.
- You agree that the confidentiality obligation stated herein shall survive the termination or expiration of these Terms.
4. MONTER’S CONFIDENTIALITY OBLIGATIONS
Monter hereby agrees to maintain confidentiality of any non-public confidential information you may share with Monter in furtherance to the provision of Services hereunder. Please refer to our privacy policy available at
https://www.monter.one/privacy-policy (“Privacy Policy”) to learn more about our privacy practices and how we collect and use your non-public confidential information.
5. THIRD PARTY SERVICES
- The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at your own risk.
- Monter makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
6. INVESTOR’S RESPONSIBILITIES
- You represent and warrant that all information that is provided by you through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services or until these Terms are terminated, whichever is later. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to Monter’s notice. Monter does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
- You shall be solely responsible for ensuring compliance with applicable laws and solely liable for any liability that may arise due to a breach of your obligations in this regard.
- You hereby irrevocably agree and warrant for yourself, your officers, directors, employees, agents, representatives, associates, affiliates and any Related Parties (as applicable) (“Your Representatives”), that they shall not, circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of these Terms and the provision of Services by Monter, through any transaction or otherwise in any manner whatsoever. You agree that neither you nor Your Representatives will attempt, directly or indirectly, to contact, negotiate, deal with or enter into any agreement, transaction or arrangement with respect to any Company, except through Monter or with the expressed written consent of Monter as to each such Company. “Related Party” shall have the meaning ascribed to it in the Companies Act, 2013 and “Related Parties” shall be construed accordingly.
- You shall extend all cooperation to Monter in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
- You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
- Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Try to gain unauthorized access or exceed the scope of authorized access to the Platform or to profiles, or other areas of the Platform or solicit passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;
- Use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
- Engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
- Interfere with another person’s use of the Platform;
- Use the Services in: (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
- Violate applicable laws in any manner;
- Host, display, upload, modify, publish, transmit, store, update or share any information that violates these Terms or any applicable laws.
7. PAYMENTS
Monter reserves the right to charge for facilitating any transaction with respect to a Company. The payment terms for the same shall be indicated by Monter in a form and manner deemed fit by it.
8. INTELLECTUAL PROPERTY
- All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to Monter. Subject to compliance with these Terms, Monter grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to use the Services in accordance with these Terms and its written instructions issued from time to time.
- Investors are solely responsible for the contents and accuracy of:
- all materials submitted to Monter for inclusion in a business listing or Investor Profile description or for use in connection with the Services, including business listings, business details, videos, information, URLs, contact information, and photos, whether or not created originally by the Investors (“Investor Information”);
- all documents and files shared with the Platform and other users in pursuance of executing any transaction or agreement; and
- all websites and content linked, or otherwise referenced, in the Investor Information.
- You understand that when you express an interest in a Company, your name and relevant parts of your Investor Information shall be shared with such Company in furtherance of performance of the Services.
- You agree that:
- Monter may publicly share the Investor’s name and logo for the purpose of establishing that the Investor has / had a working relationship with Monter and promoting the service offerings of Monter, only with the Investor’s prior consent; and
- Monter may publicly share the Investor’s name and logo, together with details of transactions consummated by the Investor pursuant to the provision of the Services hereunder, only in the following cases:
- with the Investor’s prior consent; or
- when such information has already been made public
- Monter hereby warrants and represents that it does not and shall not use Investor Information for any purpose other than the purposes set out herein and under the Privacy Policy, and shall procure requisite consents in accordance with applicable laws for use of any of the Investor’s Personal Data. Monter makes no claim to any ownership interest in the Investor Information obtained from an Investor under these Terms, and no ownership rights will be transferred to Monter pursuant to provision of Services.
- Monter may request you to, or you may submit suggestions, testimonials, and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). Monter may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
- Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to Monter’s or any third party’s (including, the Investor’s) intellectual rights.
9. TERM AND TERMINATION
- These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
- Either Monter or you may terminate these Terms for convenience by providing 30 (thirty) days’ prior written notice to the other party.
- Either Monter or you may terminate these Terms, immediately and at any point, in Monter’s / your sole discretion, as the case may be, if the other party violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
- Upon termination under Clause 9(2) or Clause 9(3):
- The Services will “time-out”;
- You shall not be eligible to avail any of the Services; and
- These Terms shall terminate, except for those provisions that expressly stated to or are intended to survive termination.
- Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Services, all amounts, or outstanding monies payable by you in relation to the use of or access to the Services shall become immediately payable.
10. DISCLAIMERS AND WARRANTIES
- The use of the Services is at your sole risk.
- Monter does not represent you or the Company in any fiduciary, agent, attorney-client, or any other capacity whatsoever and the use of the Services does not create, by implication or otherwise and without limitation, any fiduciary duty, attorney-client relationship, representation, or any other sort of professional relationship or representation whatsoever. The Services do not constitute legal advice. Any information provided by Monter or its employees, contractors, or other personnel is solely for informational purposes and is not legal advice and should not be treated as such.
- Monter is not a regulated entity. Monter is merely a technology platform service provider and:
- is not registered under the Securities and Exchange Board of India (Investor Advisers) Regulations, 2013;
- is not an investment adviser as defined under the Securities and Exchange Board of India (Investor Advisers) Regulations, 2013; and
- does not hold any license or engage in any activities relating to investment advisory services.
- To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. Monter does not warrant that the operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements. We may suspend or withdraw any or all parts of the Services at any time without notice to you.
- To the fullest extent permissible under applicable law, Monter expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that Monter shall have absolutely no liability with respect to the same.
- Monter is not a party to any agreement entered into between a Company and Investor. Additionally, Monter does not engage in any kind of dispute resolution to resolve any disputes, conflicts or controversies between the users.
- In the event the Investor is located outside India or is regulated by foreign laws in any way, Monter is not responsible for any liability that arises out of non-compliance with local or foreign laws related to the business and any Business Information shared with the Platform.
- To the fullest extent permissible by law, Monter and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
- your use of, inability to use, or availability or unavailability of the Services and Business Information, including any Third Party Services;
- the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to Monter’s records, programs, services, server, or other infrastructure relating to the Services; or
- The failure of the Services to remain operational for any period of time.
- Notwithstanding anything to the contrary contained herein, neither Monter nor any of its related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. Notwithstanding anything to the contrary, the maximum aggregate monetary liability of Monter and any of its related parties arising out of or related to these Terms shall not exceed INR 10,000 (Rupees Ten Thousand).
- While Monter strives to connect Investors and Companies and facilitate successful transactions, Monter performs no technical, legal, financial, or any other type of due diligence on either Investors or Companies and makes no representations or warranties in this regard. Monter does not guarantee whether a particular business listed on the Platform is suitable for or will meet the expectations of an Investor. Monter is not responsible for a Company’s truthfulness regarding the existence, accuracy, completeness, and performance of a listing on the Platform. The Investor is solely and exclusively responsible for all or any due diligence on Companies on the Platform. Additionally, Monter does not guarantee the success or closure of any transaction or acquisition initiated or facilitated on the Platform or through the Services.
- Monter is a technology platform that facilitates connections and exchange of information between Investors and Companies. Notwithstanding anything to the contrary contained herein, neither Monter nor any of its related parties are liable or responsible to you or any third party for any breach, unauthorized or unlawful disclosure or use, or infringement of your confidential information by any user or any third party, and Monter specifically disclaims any express or implied warranties in this regard.
- Any valuations, authentications, or opinions of value or authenticity are solely for information purposes. Monter does not make any undertaking, representation, or warranty regarding any valuations, authentications, opinions of value or authenticity, or any other information shared on the Platform or through the Services.
- Any material or information provided, shared, or otherwise made available through the Services are for informational purposes only. You should not rely upon such material or information for making any business, legal, or other decisions. Any reliance you place upon such material or information is therefore strictly at your own account and risk. You must obtain professional or specialist advice before taking or refraining from taking any action on the basis of information made available on the Platform or through the Services.
11. INDEMNITY
You shall indemnify, defend at Monter’s option, and hold Monter, its parent companies, subsidiaries, affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys’ fees) due to or arising out of fraud, gross negligence, willful misconduct, and violation of these Terms.
12. CONSENT TO USE DATA
- You agree that Monter collects and uses your information and technical data and related information solely for the provision of the Services hereunder and in accordance with the terms contained herein, read with the Privacy Policy.
- Monter may use information and data pertaining to your use of the Services for its internal use, such as analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Services.
- Subject to applicable laws, Monter may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to users in connection with criminal proceedings. You hereby understand and agree that in such instances, Monter shall have the right to share such data with relevant agencies or bodies.
13. MODIFICATION
Monter reserves the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. Monter shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
14. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
- These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Haryana shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
- Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Haryana in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator mutually appointed by the disputing parties. The language of the arbitration shall be English.
- The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need-to-know basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties.
- Each party to the arbitration shall bear its own costs with respect to any dispute.
15. MISCELLANEOUS PROVISION
- Modification of Terms: Monter reserves the right to modify these Terms at any time and to add new or additional terms or conditions on the access to or use of the Services. Such modifications and additional terms and conditions will be communicated to you. In the event you refuse to accept such changes, these Terms will terminate.
- Grievance Redressal: You may contact our grievance redressal officer with any complaints or queries relating to the Services through email, the details of which are provided below:
- Name: Prateek Patra
- Designation: Grievance Officer
- Email Address: hello@monter.one
- Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the provision, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without Monter’s prior written consent. Monter may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Monter may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
- Notices: All notices, requests, demands, and determinations for Monter under these Terms (other than routine operational communications) shall be sent to hello@monter.one.
- Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
- Waiver: Any delay in the exercise of rights and remedies available under the Terms does not constitute a waiver of that or any other right or remedy.
- Force Majeure: Monter will have no liability to you if we are prevented or delayed from performing our obligations or carrying out our business by acts, events, or omissions beyond our reasonable control including without limitation strikes, failure of utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.