Terms And Condition || Starkidz Footwear || Kids Shoes

Last Updated on 24-07-2021

These Terms of Use ("Terms") govern your access to and use of the website www.starkidz.co.in (“Platform”) owned and operated by Ojas Footwear India Private Limited (“Company”). By accessing the Platform, you agree to these Terms. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. Therefore, please read these Terms and the privacy policy of the Platform carefully before using or registering on the Platform. If you do not agree with these Terms, please do not access the Platform. These Terms along with the Privacy Policy constitute a binding agreement and an electronic record under the Information Technology Act, 2000 and the rules there under and the amended provisions pertaining to electronic records under various Indian statutes.

1. Eligibility and Access

  • The Platform is not available to minors i.e. persons under the age of 18 (eighteen) years or to any users suspended or removed from the Platform for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from using or accessing the Platform under the applicable laws of India. You may use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
  • The Platform is always evolving and the form and nature of the Platform may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally and may not be able to provide you with prior notice. The Company also retains the right to create limits on use, storage and features at its sole discretion at any time without prior notice to you.

 

2. Privacy

Any information that you provide to the Company is subject to the [Privacy Policy] , which governs the collection and use of your information.

 

3. Acceptable Use

In connection with the use of the Platform, you agree that you will not:

  • violate any law, regulation, or court order;
  • violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
  • take any action (even if requested by another) that is, or submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libellous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another's privacy, or relating or encouraging money laundering or gambling;
  • harms minors in anyway;
  • send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
  • send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
  • engage in spying or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform;
  • transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;
  • stalk, harass, threaten, or harm any third party;
  • impersonate any third party;
  • participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
  • use any means to scrape or crawl any part of the Platform;
  • access, tamper with the computer systems, or the technical delivery systems of the Platform or its service providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Platform by any means (automated or otherwise) other than through currently available, published interfaces that are provided on the Platform (and only pursuant to these Terms);
  • attempt to circumvent any technological measure implemented by the Company, any of its service providers, or any other third party (including another user) to protect the Company, the Platform, users or any other third party;
  • access the Platform to obtain information to build a similar or competitive application, or service;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used as part of the software, source code or other underlying code used as part of the Platform;
  • send communication that 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

You hereby agree and acknowledge that you are accessing the Platform, at your own risk, choice and initiative and you agree and undertake to ensure that your use of the Platform complies with all applicable laws including the local laws of the place where you access the Platform from.

 

4. Proprietary Rights of the Company

  • The Company or its licensors own all right, title, and interest in and to: (i) the Platform and the “look and feel” thereof, including all software, ideas, processes, data, text, media, and other content available on the Platform; and (ii) trademarks, logos, and brand elements. All right, title and interest in and to the Platform and the Company’s trademarks are and will remain the exclusive property of the Company and its licensors, as the case may be. Save and except for accessing and using the Platform as permitted herein, You shall not separately use any portion of the Platform (such as codes, features, branding, trademark, logos, look and feel, content, etc.) in any manner whatsoever without express written approval from the Company.
  • The Company reserves all rights not expressly granted in these Terms. You shall not make any disparaging or derogatory remarks, comments or statements, whether verbal or written, against the Company Entities. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Platform are entirely voluntary, and the Company will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

 

5. License to Use the Platform

  • The Company gives you a personal, worldwide, royalty-free, limited, non-assignable and non-exclusive license to use the Platform, subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform for your personal and non-commercial use, in the manner permitted by these Terms.
  • You may access the Platform only in geographic locations within India and outside India as well.
  • You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use or access of the Platform by other users.
  • You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Platform. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
  • You agree that you are solely responsible to the Company and to any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates may suffer) for any such breach.

 

6. Suspension and Termination

  • The Terms will continue to apply until terminated by either you or the Company as set forth below. If you object to the Terms or are dissatisfied with the Platform, your only recourse is to (stop accessing the Platform.
  • The Company reserves the right to terminate, discontinue, suspend, limit, or restrict your use or access of the Platform at any time, without notice or liability, if the Company so determines in its sole discretion, for any reason whatsoever. Additionally, the Company reserves the right to delist you or block your future access to the Platform if it believes, in its sole discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
  • If you or the Company terminate your use of the Platform, the Company may, subject to the terms of the Privacy Policy, delete any information relating to your use of the Platform and the Company will have no liability to you or any third party for doing so.

 

7. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of the Company Entities.

  • Availability on "AS-IS" basis
    • Your access to and use of the Platform is at your own risk. You understand and agree that the Platform is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, the Company Entities disclaim all warranties and conditions, whether express or implied, of title, of merchantability, fitness for a particular purpose, or non-infringement.
    • The Company Entities make no warranty and disclaim all responsibility and liability for: (i) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform; (ii) whether the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis or whether any errors or defects will be corrected.
    • No advice or information, whether oral or written, obtained from the Company Entities or through the Platform, will create any warranty not expressly made herein.
    • The Company shall not be responsible for the delay or inability to use Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to Platform that may occur due to technical reasons or for any reason beyond the Company’s control.
    • You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
  • Limitation of Liability
    • To the maximum extent permitted by applicable law, the Company Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from your access to or use of or inability to access or use of the Platform.
  • Violation of Terms
    • You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

8. Contact

If You have any questions regarding the Platform, please contact Company at care@starkidz.co.in or call us on +01276298302

 9. General Terms

  • Waiver and Severability
    • The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
  • Governing Law and Jurisdiction
    • These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any disputes arising in relation hereto between you and any Company Entities shall be subject to the exclusive jurisdiction of courts at Ballor, Bahadurgarh, Jhajjar, Haryana.
  • Entire Agreement
    • These Terms and the Privacy Policy are the entire and exclusive agreement between the Company and you regarding the Platform (excluding any services for which you have a separate agreement with the Company that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Company and you regarding the Platform.
    • The Company retains the unconditional right to revise these Terms from time to time, the most current version will always be on the Platform. You can determine when this Terms was last modified by referring to the “Last Updated” legend above. It shall be your responsibility to check this Terms periodically for changes. Your continued use and access of the Platform shall signify your acceptance of the amended Terms and your consent to be legally bound by the same.
  • Grievance Redressal
    • Any complaints arising from the use of the Platform may be addressed to the following:

Name of the Grievance Officer: Mr. Sushant Pandey

Contact information: +919253083245

    • The Grievance Redressal Officer shall within thirty-six hours of receiving the complaint initiate inquiry into the same and shall endeavour to resolve the complaint promptly, but in any case, within one month from the date of receipt of complaint.