Terms of Use
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www. Moonstonevidyalaya.edu.in, MOONSTONE INTERNATIONAL SCHOOL offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. MOONSTONE INTERNATIONAL SCHOOL reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. MOONSTONE INTERNATIONAL SCHOOL will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MOONSTONE INTERNATIONAL SCHOOL encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Moonstone for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I.
WEBSITE
Content Intellectual
Property Third Party
Links. In addition
to making Products
available, this
Website also offers
information and
marketing materials.
This Website also
offers information,
both directly and
through indirect
links to third-party
websites, about
nutritional and
dietary supplements.
Moonstone does not
always create the
information offered
on this Website;
instead, the
information is often
gathered from other
sources. To the
extent that
MOONSTONE
INTERNATIONAL SCHOOL
does create the
content on this
Website, such
content is protected
by intellectual
property laws of
India, foreign
nations, and
international
bodies. Unauthorized
use of the material
may violate
copyright,
trademark, and/or
other laws. You
acknowledge that
your use of the
content on this
Website is for
personal,
non-commercial use.
Any links to
third-party websites
are provided solely
as a convenience to
you. Moonstone does
not endorse the
contents on any such
third-party
websites. Moonstone
is not responsible
for the content of
or any damage that
may result from your
access to or
reliance on these
third-party
websites. If you
link to third-party
websites, you do so
at your own risk.
Use of Website; Moonstone is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using
this Website, you
are granted a
limited,
non-exclusive,
non-transferable
right to use the
content and
materials on the
Website in
connection with your
normal,
non-commercial, use
of the Website. You
may not copy,
reproduce, transmit,
distribute, or
create derivative
works of such
content or
information without
express written
authorization from
Moonstone or the
applicable third
party (if
third-party content
is at issue).
Posting. By posting,
storing, or
transmitting any
content on the
Website, you hereby
grant Moonstone a
perpetual,
worldwide,
non-exclusive,
royalty-free,
assignable, right
and license to use,
copy, display,
perform, create
derivative works
from, distribute,
have distributed,
transmit and assign
such content in any
form, in all media
now known or
hereinafter created,
anywhere in the
world. MOONSTONE
INTERNATIONAL SCHOOL
does not have the
ability to control
the nature of the
user-generated
content offered
through the Website.
You are solely
responsible for your
interactions with
other users of the
Website and any
content you post.
MOONSTONE
INTERNATIONAL SCHOOL
is not liable for
any damage or harm
resulting from any
posts by or
interactions between
users. MOONSTONE
INTERNATIONAL SCHOOL
reserves the right,
but has no
obligation, to
monitor interactions
between and among
users of the Website
and to remove any
content Moonstone
deems objectionable,
in Muscle UP
Nutrition ‘s sole
discretion.
II. DISCLAIMER OF
WARRANTIES
YOUR USE OF THIS
WEBSITE AND/OR
PRODUCTS ARE AT YOUR
SOLE RISK. THE
WEBSITE AND PRODUCTS
ARE OFFERED ON AN
“AS IS” AND “AS
AVAILABLE” BASIS.
Moonstone EXPRESSLY
DISCLAIMS ALL
WARRANTIES OF ANY
KIND, WHETHER
EXPRESS OR IMPLIED,
INCLUDING, BUT NOT
LIMITED TO, IMPLIED
WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A
PARTICULAR PURPOSE
AND NON-INFRINGEMENT
WITH RESPECT TO THE
PRODUCTS OR WEBSITE
CONTENT, OR ANY
RELIANCE UPON OR USE
OF THE WEBSITE
CONTENT OR PRODUCTS.
(“PRODUCTS” INCLUDE
TRIAL PRODUCTS.)
WITHOUT LIMITING THE
GENERALITY OF THE
FOREGOING, Moonstone
MAKES NO
WARRANTY:
THAT THE INFORMATION
PROVIDED ON THIS
WEBSITE IS ACCURATE,
RELIABLE, COMPLETE,
OR TIMELY.
THAT THE LINKS TO
THIRD-PARTY WEBSITES
ARE TO INFORMATION
THAT IS ACCURATE,
RELIABLE, COMPLETE,
OR TIMELY.
NO ADVICE OR
INFORMATION, WHETHER
ORAL OR WRITTEN,
OBTAINED BY YOU FROM
THIS WEBSITE WILL
CREATE ANY WARRANTY
NOT EXPRESSLY STATED
HEREIN.
AS TO
THE RESULTS THAT MAY
BE OBTAINED FROM THE
USE OF THE PRODUCTS
OR THAT DEFECTS IN
PRODUCTS WILL BE
CORRECTED.
REGARDING ANY
PRODUCTS PURCHASED
OR OBTAINED THROUGH
THE WEBSITE.
SOME JURISDICTIONS
DO NOT ALLOW THE
EXCLUSION OF CERTAIN
WARRANTIES, SO SOME
OF THE ABOVE
EXCLUSIONS MAY NOT
APPLY TO YOU.
III. LIMITATION
OF
LIABILITY
MOONSTONE
INTERNATIONAL SCHOOL
ENTIRE LIABILITY,
AND YOUR EXCLUSIVE
REMEDY, IN LAW, IN
EQUITY, OR
OTHERWISE, WITH
RESPECT TO THE
WEBSITE CONTENT AND
PRODUCTS AND/OR FOR
ANY BREACH OF THIS
AGREEMENT IS SOLELY
LIMITED TO THE
AMOUNT YOU PAID,
LESS SHIPPING AND
HANDLING, FOR
PRODUCTS PURCHASED
VIA THE
WEBSITE.
MOONSTONE WILL NOT
BE LIABLE FOR ANY
DIRECT, INDIRECT,
INCIDENTAL, SPECIAL
OR CONSEQUENTIAL
DAMAGES IN
CONNECTION WITH THIS
AGREEMENT OR THE
PRODUCTS IN ANY
MANNER, INCLUDING
LIABILITIES
RESULTING FROM (1)
THE USE OR THE
INABILITY TO USE THE
WEBSITE CONTENT OR
PRODUCTS; (2) THE
COST OF PROCURING
SUBSTITUTE PRODUCTS
OR CONTENT; (3) ANY
PRODUCTS PURCHASED
OR OBTAINED OR
TRANSACTIONS ENTERED
INTO THROUGH THE
WEBSITE; OR (4) ANY
LOST PROFITS YOU
ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IV.
INDEMNIFICATION
You will release,
indemnify, defend
and hold harmless
Moonstone, and any
of its contractors,
agents, employees,
officers, directors,
shareholders,
affiliates and
assigns from all
liabilities, claims,
damages, costs and
expenses, including
reasonable
attorneys’ fees and
expenses, of third
parties relating to
or arising out of
(1) this Agreement
or the breach of
your warranties,
representations and
obligations under
this Agreement; (2)
the Website content
or your use of the
Website content; (3)
the Products or your
use of the Products
(including Trial
Products); (4) any
intellectual
property or other
proprietary right of
any person or
entity; (5) your
violation of any
provision of this
Agreement; or (6)
any information or
data you supplied to
Moonstone. When
Moonstone is
threatened with suit
or sued by a third
party, Moonstone may
seek written
assurances from you
concerning your
promise to indemnify
Moonstone; your
failure to provide
such assurances may
be considered by
Moonstone to be a
material breach of
this Agreement.
Moonstone will have
the right to
participate in any
defense by you of a
third-party claim
related to your use
of any of the
Website content or
Products, with
counsel of Moonstone
choice at its
expense. Moonstone
will reasonably
cooperate in any
defense by you of a
third-party claim at
your request and
expense. You will
have sole
responsibility to
defend Moonstone
against any claim,
but you must receive
Moonstone prior
written consent
regarding any
related settlement.
The terms of this
provision will
survive any
termination or
cancellation of this
Agreement or your
use of the Website
or Products.
VI.
PRIVACY
Moonstone believes
strongly in
protecting user
privacy and
providing you with
notice of MuscleUP
Nutrition ‘s use of
data. Please refer
to Moonstone privacy
policy, incorporated
by reference herein,
that is posted on
the Website.
VI. AGREEMENT TO
BE
BOUND
By using this
Website or ordering
Products, you
acknowledge that you
have read and agree
to be bound by this
Agreement and all
terms and conditions
on this Website.
VIII.
GENERAL
Force Majeure.
Moonstone will not
be deemed in default
hereunder or held
responsible for any
cessation,
interruption or
delay in the
performance of its
obligations
hereunder due to the
earthquake, flood,
fire, storm, natural
disaster, act of
God, war, terrorism,
armed conflict,
labor strike,
lockout, or
boycott.
Cessation of
Operation. Moonstone
may at any time, in
its sole discretion
and without advance
notice to you, cease
operation of the
Website and
distribution of the
Products.
Entire Agreement.
This Agreement
comprises the entire
agreement between
you and Moonstone
and supersedes any
prior agreements
pertaining to the
subject matter
contained
herein.
Effect of Waiver.
The failure of
Moonstone to
exercise or enforce
any right or
provision of this
Agreement will not
constitute a waiver
of such right or
provision. If any
provision of this
Agreement is found
by a court of
competent
jurisdiction to be
invalid, the parties
nevertheless agree
that the court
should endeavor to
give effect to the
parties’ intentions
as reflected in the
provision, and the
other provisions of
this Agreement
remain in full force
and effect.
Governing Law; Durg Court. This Website originates from the Bhilai, Chhattisgarh. This Agreement will be governed by the laws of the State of Chhattisgarh without regard to its conflict of law principles to the contrary. Neither you nor Moonstone will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Chhattisgarh By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim to arise under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of
Limitation. You
agree that
regardless of any
statute or law to
the contrary, any
claim or cause of
action arising out
of or related to use
of the Website or
Products or this
Agreement must be
filed within one (1)
year after such
claim or cause of
action arose or be
forever
barred.
Waiver of Class
Action Rights. BY
ENTERING INTO THIS
AGREEMENT, YOU
HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU
MAY HAVE TO JOIN
CLAIMS WITH THOSE OF
OTHER IN THE FORM OF
A CLASS ACTION OR
SIMILAR PROCEDURAL
DEVICE. ANY CLAIMS
ARISING OUT OF,
RELATING TO, OR
CONNECTION WITH THIS
AGREEMENT MUST BE
ASSERTED
INDIVIDUALLY.
Termination.
Moonstone reserves
the right to
terminate your
access to the
Website if it
reasonably believes,
in
its sole discretion,
that you have
breached any of the
terms and conditions
of this Agreement.
Following
termination, you
will not be
permitted to use the
Website and
Moonstone may, in
its sole discretion
and without advance
notice to you,
cancel any
outstanding orders
for Products. If
your access to the
Website is
terminated,
Moonstone reserves
the right to
exercise whatever
means it deems
necessary to prevent
unauthorized access
of the Website. This
Agreement will
survive indefinitely
unless and until
Moonstone chooses,
in its sole
discretion and
without advance to
you, to terminate
it.
Domestic Use.
Moonstone makes no
representation that
the Website or
Products are
appropriate or
available for use in
locations outside
India. Users who
access the Website
from outside India
do so at their own
risk and initiative
and must bear all
responsibility for
compliance with any
applicable local
laws.
Assignment. You may
not assign your
rights and
obligations under
this Agreement to
anyone. Moonstone
may assign its
rights and
obligations under
this Agreement in
its sole discretion
and without advance
notice to you.
BY USING THIS
WEBSITE OR ORDERING
PRODUCTS FROM THIS
WEBSITE YOU
AGREE
TO BE BOUND BY ALL
OF THE TERMS AND
CONDITIONS OF THIS
AGREEMENT