These Terms cover use of our website. Work we do for clients is governed by a separate signed agreement. This text is a starting point and should be reviewed by your legal counsel before publication.
Acceptance of these Terms
These Terms of Service ("Terms") govern your use of montpier.com and any related pages, content, tools and communications we provide (together, the "Site"). The Site is operated by MontPier Digital ("MontPier", "we", "us", "our"), headquartered in Gurugram, India, with operations in the United Arab Emirates.
By accessing or using the Site you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site. If you are using the Site on behalf of a company, you confirm that you are authorised to bind that company to these Terms.
Our services and client agreements
The Site describes the marketing, creative, media, content and web services we offer. Descriptions, case studies and results on the Site are for information only and do not constitute an offer. Any engagement is governed by a separate written agreement – a proposal, statement of work or master services agreement – signed by both parties ("Client Agreement"). Where these Terms and a Client Agreement conflict, the Client Agreement prevails for that engagement.
A free discovery call or audit discussion does not create a client relationship or any obligation on either side until a Client Agreement is signed.
Acceptable use of the Site
You agree to use the Site lawfully and not to:
- copy, scrape, crawl, frame or mirror any part of the Site other than for personal, non-commercial reference, or as permitted by search-engine indexing;
- attempt to gain unauthorised access to the Site, its servers or any connected system, or to interfere with its security or performance;
- introduce malware or any harmful code;
- submit false, misleading or infringing information through our forms;
- use our contact details or forms to send unsolicited commercial messages; or
- use any content from the Site to train or build a competing dataset, model or service without our written permission.
Intellectual property
The Site and everything on it – text, graphics, logos, icons, photographs, video, audio, page layouts, code and the selection and arrangement of them – are owned by MontPier or our licensors and are protected by copyright, trademark and other laws of India, the UAE and internationally. "MontPier", "MontPier Digital" and our logo are our trademarks.
Client names, logos and trademarks that appear on the Site belong to their respective owners and are shown with permission to identify work we have performed. They may not be used without the owner's consent.
You may view, download and print pages for your own business evaluation of our services, provided you keep all copyright notices intact. Any other use requires our prior written consent.
Information you submit
When you submit information through the Site – an enquiry, a brief, feedback or an application – you confirm that it is accurate, that you have the right to share it, and that it does not infringe anyone else's rights. You grant us a non-exclusive, royalty-free licence to use it for the purpose for which it was submitted and as described in our Privacy Policy.
Unsolicited ideas or proposals sent to us are not treated as confidential and we are free to use similar ideas independently without obligation to you.
Third-party links and platforms
The Site links to third-party websites, platforms and tools (for example, WhatsApp, LinkedIn, YouTube and scheduling tools). We do not control them and are not responsible for their content, availability, terms or privacy practices. Links are provided for convenience and do not imply endorsement.
Case studies, statistics and forward-looking statements
Results described on the Site reflect specific client engagements at a particular time. They are provided to illustrate our approach and are not a promise or guarantee of results for any other client. Marketing outcomes depend on many factors outside our control, including market conditions, platform changes, budget and the client's own product, pricing and operations.
Disclaimer of warranties
The Site and its content are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation. Nothing on the Site constitutes legal, financial, tax or other professional advice.
Limitation of liability
To the fullest extent permitted by law, MontPier, its directors, employees, partners and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or relating to your use of the Site will not exceed INR 10,000 (or the equivalent in AED). Liability for engagements is governed by the relevant Client Agreement.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.
Indemnity
You agree to indemnify and hold harmless MontPier and its directors, employees and partners from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or your infringement of any third party's rights.
Privacy and cookies
Our collection and use of personal data through the Site is described in our Privacy Policy, which forms part of these Terms. Non-essential cookies are set only with your consent, which you can manage through the cookie settings link in the Site footer.
Changes and availability
We may change, suspend or discontinue any part of the Site at any time without notice. We may also update these Terms from time to time; the "Last updated" date shows when they were last revised. Continued use of the Site after a change means you accept the revised Terms. We may restrict or terminate access to the Site for anyone who breaches these Terms.
Governing law and disputes
These Terms are governed by the laws of India, and the courts at Gurugram, Haryana have exclusive jurisdiction over any dispute arising from them or from your use of the Site, except that if you access the Site from the United Arab Emirates and mandatory local law requires otherwise, the laws of the UAE will apply to the extent of that requirement.
Before starting any legal proceedings, you agree to first contact us and give us 30 days to try to resolve the matter informally.
General
These Terms, together with the Privacy Policy and any Client Agreement, are the entire agreement between you and MontPier about the Site. If any provision is found unenforceable, the remainder stays in force. Our failure to enforce any right is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor of our business. Headings are for convenience only.
Contact
Questions about these Terms can be sent to contactus@montpier.com or to MontPier Digital, HD-028, Plot No. 393, Vi-John Tower-1, Udyog Vihar Phase-III, Gurugram, Haryana 122016, India.