When you use any of the Services provided through this Site by the Third Party Suppliers, you will be subject to the terms and conditions applicable to such Services, and the same shall be deemed to be incorporated into and shall be considered as part and parcel of this Agreement.
- Subject to your compliance with the terms and conditions of this Agreement, STARS AND SNOWFLAKES grants you a personal, non-exclusive, non-transferable, limited privilege to access the Site and/or avail the Services.
- Further, by using the Services, you represent that:
- you are competent and can perform legally binding contracts;
- you have the authority to enter into this Agreement personally, and if applicable, on behalf of any company, organization or entity on whose behalf you use the Services;
- you are an adult and /or of legal age and otherwise eligible and/or permitted by law to avail these Services; STARS AND SNOWFLAKES BY AASTHA reserves the right to deactivate and / or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are in violation of any of the aforesaid representations.
- License Personal, Non-Assignable - STARS AND SNOWFLAKES grants you a personal, non-assignable, non-exclusive and a limited license to avail the Service subject to the terms and conditions set forth herein, provided always that i) you undertake and agree not to sell, trade or resell, or in any other manner exploit for commercial purpose, any part or portion of the Service and ii) you agree and understand that the Services are for personal use only;
- Member Account, Password and Security – You are responsible for a) providing accurate, current and complete information about you as may be prompted by any registration and/or subscription forms, including but without limitation to, your name, contact number and mailing address, bank account details, account and email address on the Site; and b) maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account and you agree to i) not disclose and/or allow others, in any manner, to use your user name or password under any circumstances; ii) not allow others to operate your account; iii) immediately notify STARS AND SNOWFLAKES of any unauthorized use of your password or account or any other breach of security; iv) exit from your account at the end of each session when accessing the Service. STARS AND SNOWFLAKES will not be liable for any loss, damage or harm arising from your failure to comply with this Section including owing to the theft or misappropriation of your user name or password and you agree to immediately notify us if you become aware of the same and / or any other need to deactivate your user name or password due to security concerns.
- General Practices Regarding Use and Storage – You acknowledge that STARS AND SNOWFLAKES my establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on STARS AND SNOWFLAKES’s servers on your behalf. You agree that STARS AND SNOWFLAKES has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You also acknowledge that STARS AND SNOWFLAKES reserves the right to terminate accounts that are inactive for extended periods. You further acknowledge that STARS AND SNOWFLAKES reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Conditions of Use – Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. STARS AND SNOWFLAKES reserves the right to investigate and take appropriate legal action against anyone who, in STARS AND SNOWFLAKES’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You are solely responsibilities for all acts and omissions that occur in, from, through or under your user name or password you shall not use, allow, or enable others to use the Site, to:
- violate any local, state, national, or international law or regulation, judicial or governmental order, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or any other person; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted) or the communications protocol for accessing the Services and/or the Site.
- modify, adapt or create derivative works from the software or remove proprietary notices in the software.
- host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly abusive, harmful, tortious, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the address about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting of any other nation.
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, or so-called “spamming” or “phishing”, chain letters, pyramid schemes, or any other form of solicitation;
- transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files of programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- stalk, harass, or harm another individual, including by revealing the real name of any fellow user that has chosen to use an alias on the Site;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- use any ‘robot’, ‘spider’, ‘rover’, ‘scraper’ or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Site, our network or databases;
- interfere with or disrupt the Site or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
Representations & Warranties - Further you represent and warrant that:
- STARS AND SNOWFLAKES shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the information that you host, display, upload, modify, publish, transmit or update:
- the information that you host, display, upload, modify, publish, transmit or update and our authorized use of the same does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights); and
- you have the right to grant the Site and STARS AND SNOWFLAKES the right to use all such names, logos, brands, service or trade mark, sound, likeness or image of any person, firm or enterprise that are incorporated in the information that you host, display, upload, modify, publish, transmit or update.
Payment, Cancellation and Refund Policy
- Invoice - STARS AND SNOWFLAKES BY AASTHA shall generate an invoice with all the relevant details on every successful transaction by the user and issue the same into his/her mail box. If you do not receive an invoice in your inbox within 24 hours of a successful transaction, STARS AND SNOWFLAKES can be reached at [email protected] where the transaction details with reference particulars can be mentioned and sent. STARS AND SNOWFLAKES shall ensure the invoice details are sent to the users.
- Collection of Payments - Upon registration, you would be able to avail our Services and chose the specific Service you wish to avail, including those Services that are available upon making the specified payments. STARS AND SNOWFLAKES shall be solely responsible for collecting and processing payments, entertain requests for refunds and related service to the user, and will have sole control of all data obtained from current and prospective users in connection with the Services and/or Site. STARS AND SNOWFLAKES shall establish appropriate arrangements with payment gateways, e-wallets and other similar service providers to receive or effect payments from users for the purchase of the Services. If you are required to provide STARS AND SNOWFLAKES information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let STARS AND SNOWFLAKES know within sixty (60) days after the date that we charge you. If STARS AND SNOWFLAKES terminates your account and use of the Service because you have breached these Terms of Service, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
- Refunds - STARS AND SNOWFLAKES shall endeavour to address all requests for refunds within 24 hours of receipt of such requests for a refund. However, depending upon the jurisdiction of the transaction or your residence, the monies may reach your account anywhere between 7 – 28 working days. STARS AND SNOWFLAKES calculates and reconciles the revenues at the close of every calendar month and thus, all requests for refunds shall certainly be entertained and addressed towards the end of every calendar month, in the event that the same were not addressed previously.
Ownership of Intellectual Property
- Ownership of intellectual properties - The contents of this Site, including all Site databases, proprietary information, articles, software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, arrangements, sequence and ‘look and feel’ and all trade marks, service marks including but not limited to STARS AND SNOWFLAKES BY AASTHA and trade names; patents, designs, algorithms and other industrial property rights including “logos”, “rental” rights and rights to remuneration, whether arising by operation of law, contract, license or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues here now or hereinafter in force (including any rights in any of the foregoing) (individually and/or collectively “Intellectual Properties”), are the property of STARS AND SNOWFLAKES, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers and operational service providers and are legally protected, under India and foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly state so in writing, the term “Site” includes “Intellectual Properties” as well.
- Postings - Further, we own all the rights, title and interests in any compilation, collective work or other derivative work created by using or incorporating your comments, views, reviews, etc. (herein after “Posting”) (excluding your original content). You grant us and our users an irrevocable, non-exclusive, royalty free or fully paid (as applicable), perpetual right and license to distribute your Posting, directly and through third party distributors, in all digital formats by all digital distribution means available.
- Policy vis-à-vis Infringement - We respect and protect intellectual property rights, both our own and others. Accordingly, we employ multiple measures to prevent intellectual property infringement over this Site and to promptly end any infringement that might occur. We have a policy of removing user content that violates any intellectual property right; suspend access and/or terminate the account of any user who uses to the Services and/or the Site to violate any intellectual property rights. If you believe that the Site contains elements that infringe your intellectual property rights, please send a written notice containing a statement of the alleged infringement to our agent listed below:
[insert agent’s address, telephone no. & email id]
- Infringing content / material - Your written notice must: a) contain your physical or electronic signature; b) contain a statement, under penalty of perjury, that you are the owner or the authorized signatory of the owner and believe that the material on our Site is infringing in nature; c) contain a statement that the information contained in the written notice is accurate; d) identify the original intellectual property or rights thereto, claimed to be infringed; c) identify the allegedly infringing material to enable us to locate the material; and e) contain adequate information by which we can contact you (including postal address, telephone number and email address).
- Posting - If you are a user whose Posting was removed or access to it disabled, and you believe that the same was removed owing to a mistake or a misidentification, then please send us a notice to the aforementioned address. Your notice may contain the same information as is required in items a) and e) above in addition to i) identification of the material that has been removed or disabled along with it’s location on the Site and ii) a statement, under penalty of perjury, that the material has been removed owing to a mistake or a misidentification.
Disclaimer and Limitation Of Liability
THIS SITE, INTELLECTUAL PROPERTIES, SERVICES AND POSTINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK. THE SITE, STARS AND SNOWFLAKES BY AASTHA OR IT’S AFFIALIATES DO NOT MAKE ANY REPRESETNATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARRANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, OR OPERATIONS WILL BE AVAILABLE OR UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, OR AS TO THE FITNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR THROUGH THE SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, WILL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE SERVICE OR THE SITE. FURHTER, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID OR DUE TO US (IF APPLICABLE) FOR A PERIOD OF SIX MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
In those jurisdictions that do not permit exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, our liability shall be the minimum permitted under such applicable law in such jurisdictions.
Indemnity - You agree to indemnify, defend and hold the Site, STARS AND SNOWFLAKES, it’s officers, directors, employees, licensors, affiliates, subcontractors, successors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) breach or violation of this Agreement or public posting of your Postings. We reserve the right, at our expense, to assume the exclusive defence and control of any matter and all negotiations for settlement or compromise, including those otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
No relationship - Neither party shall be deemed an employee, agent, partner or legal representative of the other for any purpose, and neither shall have or represent that it has any right, power or authority to bind the other or to assume or create any obligation or responsibility under law expressed or implied on behalf of the other or in the name of the other unless provided in this Agreement.
Notices - You agree to communicate with us electronically. Your affirmative act of registering, using or logging into the Services and the Site constitutes your acceptance to this Agreement. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY, AT OUR DISCRETION, EITHER I) VIA EMAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS; OR 2) BY POSTING THE NOTICE ON THIS SITE. The delivery of any Notice is effectively when sent, uploaded or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Services and the Site. In case you wish to send us a notice, you may communicate electronically at the below mentioned email address:
[insert email id]
Governing Law and Jurisdiction
- Entire Agreement - This Agreement constitutes the entire and exclusive and final statement of the agreement between you and us regarding use of and governs your use of the Services and the Site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between this Agreement and any other agreement, this Agreement shall govern.
- Applicable Law - This Agreement and your use of the Services and the Site shall be construed and enforced in accordance with the laws of India, without regard to its conflict of laws principles. You specifically agree to submit to the exclusive jurisdiction and venue of Delhi and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non-convenience or otherwise. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- Arbitration - You further agree that all disputes, arising out of or in connection with this Agreement and /or your use of the Services and/or the Site, shall be finally settled under the Rules of The Arbitration and Conciliation (Amendment) Ordinance, 2015 [Arbitration of the International Chamber of Commerce] by a sole arbitrator appointed in accordance with the said Rules. Arbitral proceedings shall be held at Delhi. Language of Arbitration proceedings shall be English. Both the parties shall bear their respective costs.
Grievance Officer - In accordance with Information Technology Act 2000 and Rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of this Agreement; violations specified under Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 (to be resolved within thirty six (36) hours; and other polices or questions are published as under:
Grievance officer name:
[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]