Please, read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions (“Terms / User Agreement”). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Moonplus.in., This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.moonplus.in website. When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to you. It is your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Website following subsequent to the posting of updates/changes shall mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
All updated jewel displaying size whether gold, silver or diamonds are only approximate. Items may have been enlarged, zooming option is enabled to show the coherence of the product. Please note that when viewing high quality diamonds or colored gemstones on your monitor there are certain limitations. Most monitors display images at different dots per inch (dpi) and are not color corrected. In other words, all monitors are not the same, and we cannot guarantee that what we see is exactly the same on your screen.
Use of the Website is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. Moonplus.in reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password or email ID and phone number as the case may be. Also as a User, you shall ensure the physical security and possession of your device, the details of which are used to transact services with Moonplus.in. You agree to,
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy, Shipping policy, Return Policy, return and replacement policy, refund policy and Cancellation Policies of Moonplus.in. These policies are an integral part of the terms and conditions and shall be read together with the terms and conditions contained herein. The user further consents that the terms and contents of such policies are acceptable to him.
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, you agree and undertake that when using a Service, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;When you use the Website or send emails or other data, information or communication to Moonplus.in, You agree and understand that you are communicating with Moonplus.in through electronic records. You consent to receive communications from us electronically. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with you by email or by posting notices on the Website or through any other Moonplus.in services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing. You understand and agree that Moonplus and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by us. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles. You agree, undertake and confirm Your Information” is defined as any information you provide to us in the registration buying process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and that your use of the Website shall be strictly governed by the following binding principles. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
• Belongs to another person and to which you do not have any right;Moonplus.in shall have the right to use Your Information as provided by you and such usage of your information by us will not amount to violation of any rights you might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. Moonplus.in will only use Your Information in accordance with the User Agreement and Moomplus.in’s Privacy Policy. Moonplus.in is not responsible for any non-performance or breach of any contract entered into between Users. Moonplus.in cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Moonplus.in shall not and is not required to mediate or resolve any dispute or disagreement between Users.
Without limiting other remedies, Moonplus.in may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with the access to the Website in the event, but not limited to:
• If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference,Prices, products and Services may change at Moonplus’s discretion at any point in time without giving any prior information about the same.
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the Seller. By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. Moonplus.in strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Moonplus.in. Please note that in the event any inaccurate information is provided by you regarding your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered Buyer on the Website we encourage you to post feedback for the Seller after the transaction is closed. In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
Moonplus.in reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Moonplus.in may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program. Any people who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.
Moonplus.in uses third party payment providers to receive payments from the Buyers behalf. Moonplus.in is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Moonplus.in takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
We encourage Registered Buyers on the Website to provide feedback/Review to the Sellers after the transaction has been closed; this helps other Users to know the performance level of the said Merchant/Seller/Us. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non- confidential and will be displayed along with your user ID. Moonplus.in will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable. You may not take any actions that may undermine the integrity of the feedback system. If you continue to give negative feedback ratings, Moonplus.in reserves the right to suspend your user id, and you will be unable to buy or bid on the Website. You agree that your feedback shall not contain confidential or proprietary information of you or of third parties. Upload - As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, You agree that you shall not market or export your Website feedback rating in any venue other than on the Website. Download - We do not provide the technical ability to allow you to import feedback from other websites to Moonplus.in.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Moonplus.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Moonplus.in without obtaining authorization from Moonplus.in.
Moonplus.in has endeavored to ensure that all the information on the Website is correct, but Moonplus.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Moonplus.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Moonplus.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Moonplus.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond moonplus’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Moonplus.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that Moonplus.in will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Moonplus.in may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment. The user hereby agrees and understands that the product in the image may differ in color and size due to variations in photographic lighting, different color profiles installed on user monitor/computer, iPod/other tables, mobiles and other viewing devices. The actual size of the product may also differ from that in the image. The user agrees, and confirms that he understands these problems and undertakes to bear the risks associated with it. Moonplus.in shall not be under any liability to inform and / or refund money to the customer on account of difference in color and sizes due to the reasons mentioned in this clause. The customer waives all rights to claim on account of the reasons mentioned in this clause.
If any dispute arises between You and moonplus.in during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Moonplus.in. The place of arbitration shall be Chennai, India. The arbitration proceedings shall be in the English/Tamil Language and shall be governed by Arbitration & Conciliation Act, 1996.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at chennai only. The Terms & Conditions/User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 16 above, all disputes arising under this Agreement between You and moonplus.in shall be subject to the exclusive jurisdiction of courts at Chennai, India.