Please read our terms and conditions of use as described below before using the website. Should you have any questions about any of the details in here, please do not hesitate to reach out to us.
A “Customer”, “User”, “Buyer” or “Purchaser” is someone who visits, browses, accesses, or crawls or uses a tracker, or in any other way interacts or uses the Site. The terms “you” and “your” refer to such a user of this site. The terms “Site”, “Website”, “Portal”, “Store” refer to the website residing at www.moksa.co.in and to all its pages, links and subsidiary sites. The terms “we”, “us”, “our”, or “Moksa” refer to this site, and to “Vidhata Enterprises”, a private limited company incorporated and registered in the State of Delhi, India, which owns the brand “Moksa-Expect Miracles”.
The terms “Content” and “Data” refer to all the images, text, videos, software, audio and any other form of data or communication on the Site. “Moksa Content” refers to all such content that is created by us and made available on the site. “User Content” refers to content that is generated by User and submitted to or transmitted through the Site, such as designs, images, comments, reviews, ratings, photos, communication or any other such information. “Third Party Content” refers to Content that has been made available on the Site by parties other than the User or Moksa, and includes, but is not restricted to, software, trademarks, licenses, product certificates, external links and other such content.
The terms “Trademark”, “Logos”, “Service Marks”, refer to registered and unregistered trademarks that belong to Vidhata Enterprises, such as Moksa- Expect Miracles.
2. BINDING AGREEMENT
The Terms of Service laid out in this agreement constitutes a Binding Agreement. By using this Site, or any service-connected with this site, you agree to abide by this binding agreement and by the terms of service laid out therein. These terms might be amended by Moksa or its legal representatives at any time in its sole discretion. Moksa hereby acknowledges its responsibility to post an update on Site whenever any such significant changes are made to the Binding Agreement, for a reasonable amount of time, as governed by Moksa, but not needing to stretch beyond 3 days. It is solely your responsibility to review these Terms of Service periodically, and if at any time you do not agree with the terms laid out herein, you must immediately leave the site and stop all use of the Site and services until such a time when the terms are acceptable to you.
3. WEBSITE USE
By using this website, you represent and agree that you are legally entitled to do so, and are of the legal age in your country to use this website, and legally enter into this agreement.
Nothing that is contained in this website shall be construed to mean the right to use any licenses or trademarks displayed on the site without our express written permission.
5. USER CONTENT
You grant Moksa, its subsidiaries, affiliates, employees, suppliers and representatives a license to use any content deemed as User Content, that has been generated, posted or provided by you. Using the content refers to, but is not limited to, reproducing, modifying, editing, reformatting, printing, saving, copying and distributing the User Content, along with disclosure of the name of the content provider, unless mutually agreed otherwise in writing before the content becoming User Content. By providing any such User Content, you represent and warrant that you have the sole right to the User Content, either through ownership or through explicit legal authorisation.
6. PROHIBITED CONTENT
The onus lies on the user to not provide, or make available any of the content listed below and termed as “Prohibited Content” – whether through uploading, commenting, displaying, transmitting, distributing, hacking, creating using Site software, sharing or posting.
Prohibited Content is content that:
- Infringes upon someone else’s right to privacy;
- Is plagiarised, or belongs to someone else and is used without the consent of the owner;
- Can be termed pornographic, or contains explicit nudity, or a similar such offensive subject matter, or contains a link to an such an adult website or promotes such a business;
- Contains excessive violence;
- Incites, causes or promotes religious hatred, religious offense or is deemed religiously sensitive;
- Is defamatory, abusive, threatening, vulgar or libellous;
- Encourages, incites, causes or promotes thought or behaviour that could constitute a criminal offense or violate any applicable state, national, or foreign law;
- Encourages, incited, causes or promotes racism, casteism, bigotry, hatred or harm against any individual or group;
- Can be construed to be politically offensive;
- Contains any information that is deemed sensitive to any other person and can be construed to pose a security or a privacy risk to that person;
- Solicits, or is designed to solicit passwords or personal identifying information from other Users or people;
- Promotes propagates, or involves any other activity that can be considered as a commercial activity or sale, without the permission of Moksa;
- Contains photographs, video or audio of a person that has been used without that person’s knowledge and consent;
- Is in violation of any right to privacy, security, intellectual property rights or any other rights of any other person
7. PROHIBITED CONDUCT
The User and any other person is also prohibited from engaging in, assisting other engaging in, or providing any information that might help anyone from engaging in the following activities
pertaining to the Site and any of Moksa’s services:
- Hacking into the site, or to any of our servers, or attempting to hack, probe, scan and check for vulnerabilities in the Site, Server, Software or any associated system or network, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service, unless specifically instructed by Moksa to do so for prevention purposes;
- Stealing any user content of confidential information stored on the site, servers or in any other place, or stealing any of the copyright information and intellectual property on the site, such as images, text, videos, audio, photos or trademarks;
- Using the site to promote racism, casteism, bigotry, hatred or any other form of discrimination;
- Using the site to incite violence, or any other act that can be termed to be against any applicable laws and rules of the governing State and Country; Threatening, stalking, harassing, defrauding, stealing or advocating any of these activities against any person or User;
- Using the site to either conduct, promote, advertise, or solicit any commercial business not affiliated with Moksa without the explicit written permission of Moksa;
- Accessing content or data not intended for you, or logging into a server or account that you are not authorised to access;
- Uploading a virus onto the site, or using worms, Trojan horses, bots or any other codes, files or programs that cause interference with the service of the site in any manner, including spamming the site, mail bombing, flooding or otherwise causing it to crash;
- Attempting to modify, copy, distribute, download, transmit, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Moksa in providing the Site, or any Content from the Site other than the User Content that has been contributed by you Recording, processing, or mining information about other users;
- Impersonating or attempting to impersonate Moksa or a Moksa. employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
- Using the Site in a manner inconsistent with any and all applicable laws and regulations.
8. VIOLATIONS OR ALLEGED VIOLATIONS IN THE TERMS OF SERVICE
In the case of any violation, or alleged violation of the Terms of Service, Moksa reserves all right to terminate all your interactions with the site, including removal of any of your information on its servers, with or without any notification to you and refusing any future access to you to the site. In order to provide a fair response to any allegation of such violation, you agree that Moksa or its employees or representatives might access your accounts and your User Content if needed. Moksa is not required to disclose such internal investigation unless required by law.
Moksa retains the right to monitor the website for prohibited conduct or content, but does not in any way assume the responsibility to do so. Should it choose to do so, it would be in its sole discretion, and it would not be required to make such monitoring public. If you are aware of such violation of the terms of service, please reach out to us through the Contact Us details provided on the website.
9. REFUSAL OF ORDERS
Moksa reserves the right to refuse or cancel any order, at any time, without any reason. Potentially, this could be caused due, but is not limited to, lack of inventory, error in inventory management systems, force majeure, shipping issues, quality control, violation of prohibited content, error in pricing or information on website, fraud or payment issues. Should your order be refused or cancelled, we will inform you as soon as possible, and if payment has already been accepted for it, it will be credited back to you, or an alternative to purchase something else of similar value will be given.
10. QUANTITY LIMITATIONS
Moksa reserves all rights to limit the quantity that can be purchased per order or per person. In case of such limitations being placed, we will inform you as soon as possible. If you’re interested in ordering in bulk, please contact us through the “Contact Us” link on the website, and we will be able to process your order and provide you with a custom rate depending on the type and bulk of order.
11. WARRANTY OF SITE
Moksa makes no warranties, guarantees, representations or statements regarding the website – whether express or implied in law. There is no guarantee or warranty of uptime, performance, accuracy, speed of the site and of any software on the site, nor is there any warranty for the site meeting any particular user requirements. Any and all such warranties are expressly disclaimed by Moksa.
12. LIABILITY DISCLAIMER
Moksa disclaims all liability for loss, expense or damage, whether direct, indirect, consequential or foreseeable suffered by the user or any third party arising out of, or caused in connection to the use or access of the site, the information or materials contained in the site or the services provided by the site. Neither Moksa, nor any third party will be liable for any data loss, theft, cyber theft, decline of transaction or any such event. Under no circumstances will we be liable for any loss or damage caused by the use or misuse of our products, or your reliance on information in any content on our websites. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE A CREDIT OR REFUND, PROVIDED AT OUR DISCRETION.
The user agrees to indemnify Moksa, people associated with Moksa, its representatives and its affiliates from all claims, losses, damages, lawsuits and liabilities arising from the user’s access of the site or its services, and from the user’s violation of the terms of service as laid out herein.
14. APPLICABLE LAW
These terms of service and the use of the website shall be construed in accordance and governed in all respects by the laws of the State of Delhi and the Government of India. You hereby irrevocably consent that exclusive jurisdiction to any legal disputes arising through these Terms of Service and through the use or access of the site shall lie with the courts in New Delhi, in the State of Delhi, in India.
- Any or all deals offered on/by any or all third party portals, platforms, marketplaces, and affiliate sites cannot be claimed on moksa.co.in and moksa.co.in is not liable to fulfil such claims.
- Any or all deals must be claimed with the third party portals, platforms, marketplaces, and affiliate sites where such offers have appeared. Moksa.co.in will not and is not bound to fulfil such claims.