This Terms and Conditions applied for B2C (Business to Consumer) entities only.
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 Terms of Use for access or usage of domain name/ website [www.moonmoonshopee.com / moonmoonshopee.co.in] (“Website”), (hereinafter referred to as “Platform”).
The Platform is owned by Moon Moon Shopee LLP a Limited Liability Partnership incorporated under the Companies Act, 1956 with its registered office at Shop No GF 9, Richmond Plaza, Vesu, Surat , Gujarat - 395007, India (hereinafter referred to as "Moon Moon Shopee").
This document is a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a Consumer purpose only and the Moon Moon Shopee LLp (referred to as “we”, “our” or “Moon Moon Shopee” hereinafter). You acknowledge and agree that the Platform is a business to consumer (B2C) platform and provides services to consumer entities only.
This document and such other rules and policies of the Platform (including but not limited to Return Shipments Policy, Undelivered Shipment Policy, Privacy Policy, Product Listing Policy, Infringement Policy) as may be amended from time to time are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes. Please do not use the Services or access the Platform if you do not accept the Terms or are unable to be bound by the Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR MOON MOON SHOPEE. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.
Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service.
For the ease of reference, this document is divided into following sections:
I. General Terms applicable to all users on the Platform;
II. Terms applicable to Buyers (“Buyer Terms”); and
III. Terms applicable to Sellers (“Seller Terms”).
If you (by itself or through your representatives) intend to make a purchase or have placed an order on the Platform for consumer purposes (“Buyer”), Section I. and II. shall be applicable to your use and access of the Platform and its Services thereof.
If you (by itself or through your representatives) intend to offer your products for sale or are selling your products to Buyers through the Platform (“Seller”), Section I. and III. shall be applicable to your use and access of the Platform and its Services thereof.
I. GENERAL TERMS
1. EFFECTIVE DATE
These Terms of Use shall come into force with effect from 0000 hours of th November 2021.
2. APPLICATION AND ACCEPTANCE OF THE TERMS
i. Your use of the Platform and Moon Moon Shopee’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, The Product Listing Policy, The Infringement Policy, The Return Shipments Policy, The Undelivered Shipment Policy and any other rules and policies of the Platform that Moon Moon Shopee may publish from time to time.
ii. You must read Moon Moon Shopee Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3. PROVISION OF SERVICES
i. You must register on the Platform in order to access and use the Services. Further, Moon Moon Shopee reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Moon Moon Shopee may impose in its discretion.
ii. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Moon Moon Shopee disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
iii. User agrees and confirms that any Services provided to you by Moon Moon Shopee are on best efforts basis and Moon Moon Shopee may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
iv. User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
v. Moon Moon Shopee may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Moon Moon Shopee.
4. ELIGIBILITY
The Platform is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.
User must not use the Platform and its Services for their Business to Business Propose (B2B) use and the Platform shall be used by the User only for their Personal Propose / business purposes for Personal use.
5. USER ACCOUNTS AND VERIFICATION OF ACCOUNT
i. User must be registered on the Platform to access or avail the Services. If you Bayer, you agree and acknowledge that you will transact on the Platform only for your personal use and not for business purposes.
ii. A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
iii. When you access the Platform you are electronically communicating with Moon Moon Shopee. Moon Moon Shopee may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Moon Moon Shopee with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Moon Moon Shopee.
iv. While registering the User account as a seller on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or any other information that may be required by Moon Moon Shopee to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, Moon Moon Shopee reserves its right to take appropriate steps as set forth under Clause 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.
6. USERS GENERALLY
i. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Moon Moon Shopee, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
ii. Moon Moon Shopee may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Moon Moon Shopee has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
iii. You agree not to undertake any action which may undermine the integrity of Moon Moon Shopee’s feedback system.
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 Terms of Use for access or usage of domain name/ website [www.moonmoonshopee.com / moonmoonshopee.co.in] (“Website”), (hereinafter referred to as “Platform”).
The Platform is owned by Moon Moon Shopee LLP a Limited Liability Partnership incorporated under the Companies Act, 1956 with its registered office at Shop No GF 9, Richmond Plaza, Vesu, Surat , Gujarat - 395007, India (hereinafter referred to as "Moon Moon Shopee").
This document is a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a Consumer purpose only and the Moon Moon Shopee LLp (referred to as “we”, “our” or “Moon Moon Shopee” hereinafter). You acknowledge and agree that the Platform is a business to consumer (B2C) platform and provides services to consumer entities only.
This document and such other rules and policies of the Platform (including but not limited to Return Shipments Policy, Undelivered Shipment Policy, Privacy Policy, Product Listing Policy, Infringement Policy) as may be amended from time to time are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes. Please do not use the Services or access the Platform if you do not accept the Terms or are unable to be bound by the Terms.
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR MOON MOON SHOPEE. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.
Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service.
For the ease of reference, this document is divided into following sections:
I. General Terms applicable to all users on the Platform;
II. Terms applicable to Buyers (“Buyer Terms”); and
III. Terms applicable to Sellers (“Seller Terms”).
If you (by itself or through your representatives) intend to make a purchase or have placed an order on the Platform for consumer purposes (“Buyer”), Section I. and II. shall be applicable to your use and access of the Platform and its Services thereof.
If you (by itself or through your representatives) intend to offer your products for sale or are selling your products to Buyers through the Platform (“Seller”), Section I. and III. shall be applicable to your use and access of the Platform and its Services thereof.
I. GENERAL TERMS
1. EFFECTIVE DATE
These Terms of Use shall come into force with effect from 0000 hours of th November 2021.
2. APPLICATION AND ACCEPTANCE OF THE TERMS
i. Your use of the Platform and Moon Moon Shopee’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, The Product Listing Policy, The Infringement Policy, The Return Shipments Policy, The Undelivered Shipment Policy and any other rules and policies of the Platform that Moon Moon Shopee may publish from time to time.
ii. You must read Moon Moon Shopee Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3. PROVISION OF SERVICES
i. You must register on the Platform in order to access and use the Services. Further, Moon Moon Shopee reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Moon Moon Shopee may impose in its discretion.
ii. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Moon Moon Shopee disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
iii. User agrees and confirms that any Services provided to you by Moon Moon Shopee are on best efforts basis and Moon Moon Shopee may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
iv. User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
v. Moon Moon Shopee may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Moon Moon Shopee.
4. ELIGIBILITY
The Platform is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.
User must not use the Platform and its Services for their Business to Business Propose (B2B) use and the Platform shall be used by the User only for their Personal Propose / business purposes for Personal use.
5. USER ACCOUNTS AND VERIFICATION OF ACCOUNT
i. User must be registered on the Platform to access or avail the Services. If you Bayer, you agree and acknowledge that you will transact on the Platform only for your personal use and not for business purposes.
ii. A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
iii. When you access the Platform you are electronically communicating with Moon Moon Shopee. Moon Moon Shopee may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Moon Moon Shopee with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Moon Moon Shopee.
iv. While registering the User account as a seller on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or any other information that may be required by Moon Moon Shopee to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, Moon Moon Shopee reserves its right to take appropriate steps as set forth under Clause 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.
6. USERS GENERALLY
i. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Moon Moon Shopee, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
ii. Moon Moon Shopee may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Moon Moon Shopee has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
iii. You agree not to undertake any action which may undermine the integrity of Moon Moon Shopee’s feedback system.
