1. 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.
2. Your use of a Starmark website www.starmark.in (hereinafter referred to as "Starmark") and services and tools are governed by the following terms and conditions as applicable to the Starmark. If you transact on Starmark, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Emami Frank Ross Limited, a company incorporated under Companies Act, 1956 with registered office at 7, Jawahar Lal Nehru Road, Kolkata-700013, India and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
5. Membership Eligibility
Use of the Starmark Website is available only to persons who can form 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 Starmark Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Starmark and shall not transact or use Starmark website. As a minor if you wish to use or transact on Starmark, such use or transaction may be made by your legal guardian or parents who have registered as users of the Starmark. Starmark reserves the right to terminate your membership and refuse to provide you with access to the Starmark if it is brought to Starmark’s notice or if it is discovered that you are under the age of 18 years.
6. Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Starmark, You agree and understand that You are communicating with Starmark through electronic records and You consent to receive communications via electronic records from Starmark periodically and as and when required. Starmark may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Starmark is free. Starmark does not charge any fee for browsing and buying on the Starmark. However Starmark reserves the right to charge fee and change its policies from time to time. In particular, Starmark may at its sole discretion introduce new services and modify some or all of the existing services offered on the Starmark. In such an event Starmark reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Starmark. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Starmark.
9. Use of Starmark Website www.starmark.in
You agree, undertake and confirm that your use of Starmark shall be strictly governed by the following binding principles:
10. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
12. You understand that Starmark has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Starmark Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Starmark, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Starmark shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Starmark.
15. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Starmark and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Starmark, and that the recipient may use such information to harass or injure you. Starmark does not approve of such unauthorized uses but by using the Starmark Website you acknowledge and agree that Starmark is not responsible for the use of any personal information that you publicly disclose or share with others on Starmark. Please carefully select the type of information that you publicly disclose or share with others on Starmark.
16. Starmark.in shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Starmark is owned, controlled or licensed by or to Starmark, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Starmark products and services purposely made available by Starmark for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Starmark does not take responsibility or liability for the actions, products, content and services on Starmark website, which are linked to Affiliates and / or third party websites using Starmark APIs or otherwise. In addition, Starmark may provide links to the third party websites of affiliated companies and certain other businesses for which, Starmark assumes no responsibility for examining or evaluating the products and services offered by them, and Starmark does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Starmark does not in any way endorse any third party website(s) or content thereof
Starmark welcomes links to this site. You may establish a hypertext link to Starmark website, provided that the link does not state or imply any sponsorship or endorsement of your site by Starmark. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Starmark, including any logos or characters, without the express written consent of Starmark and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Starmark website without Starmark’s prior written consent.
MANDATORY DECLARATION – COMPUTERS
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Starmark on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Starmark does not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.
Starmark will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Starmark website.
Starmark does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Starmark website; their servers; or electronic communication sent from Starmark are free of viruses or other harmful components.
Nothing on Starmark constitutes, or is meant to constitute, advice of any kind.
All the products sold on Starmark are governed by different state laws and if Starmark is unable to deliver such products due to implications of different state laws, Starmark will return or will give credit for the amount received by Starmark from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Starmark. By registering your phone number with us, you consent to be contacted by Starmark via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Starmark will not use your personal information to initiate any promotional phone calls or SMS'.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on Starmark.in by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Starmark.in does not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Without limiting other remedies, Starmark may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Starmark website in the event, but not limited to:
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Kolkata.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on Starmark is presented solely for the purpose of sale in India. Starmark makes no representation that materials in Starmark are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Starmark is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Starmark. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Starmark web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Starmark respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at email@example.com.
Risk of loss
All items purchased from Starmark are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Starmark tries to be as accurate as possible. However, Starmark does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Starmark.in itself is not as described, your sole remedy is to return it in unused condition.
If Starmark comes across any difference in pricing resulting from typographic errors wrt pricing or product information, Starmark shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
30 Day Replacement Guarantee
Starmark offers you REPLACEMENT WITHIN 30 DAYS FROM THE DATE OF DELIVERY ON THE product/s ordered on Starmark i.e if at the time of delivery and/or within 30 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:
1 Notify us of any defects in the product/s at the time of delivery of the product/s and/or within 30 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
2 Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Starmark.
3 Replacement is offered for the product/s sold by Starmark ONLY.
Following products shall not be eligible for return or replacement.
• Damages due to misuse of product.
• Incidental damage due to malfunctioning of product.
• Any consumable item which has been used/installed.
• Products with tampered or missing serial/UPC numbers.
• Any damage/defect which are not covered under the manufacturer's warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered.
Disclaimer: "ANY DECISION ON 30 DAY REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD BY Starmark is at the sole discretion of Seller and decision of Seller shall be final and binding. Seller reserves the right to withdraw and/or alter from 30 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature."
Cancellation of order
Starmark reserves the right to cancel any order without any explanation for doing so, under situation where Starmark is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Starmark policy or for any other reason. However, Starmark will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Limitation of Liability
IN NO EVENT SHALL STARMARK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF STARMARK.IN HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to firstname.lastname@example.org