AGREEMENT BETWEEN USER & STAR CJ NETWORK INDIA PVT. LTD.
[Agreement last updated on 1st March 2012]
ACCESS TO AND USE OF THIS WORLDWIDE WEBSITE (HEREINAFTER "THIS SCN WEBSITE") IS PROVIDED ONLY TO PERSONS IN THE JURISDICTIONS WHERE IT IS LAWFUL TO PROVIDE SUCH SERVICES, AND SUBJECT TO THE HEREUNDER MENTIONED TERMS, CONDITIONS AND NOTICES, AS MODIFIED FROM TIME TO TIME. YOUR ACCESSING AND USING THIS SCN WEBSITE, CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS AND NOTICES SPECIFICALLY. SO, PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. AS A REGISTERED USER OF THIS SCN WEBSITE, THIS AGREEMENT SHALL FURTHER BE EFFECTIVE AND BINDING UPON YOUR 'ACCEPTANCE' OF THE TERMS & CONDITIONS HEREINBELOW. 'ACCEPTANCE' SHALL MEAN YOUR ACTION OF CLICKING ON THE 'CHECK BOX' AND ON THE 'CONTINUE BUTTON' AS PROVIDED ON THE USER REGISTRATION PAGE. IF YOU DO NOT AGREE OR ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CLICK ON THE "CHECK BOX" AND ON THE "CONTINUE" BUTTON AND DO NOT SEEK TO OBTAIN ACCESS TO OR OTHERWISE USE THE WEBSITE.
For the purposes of this Agreement, the words / phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.
1.2 “User” means and includes any and each person who establishes a connection for access to and use of this SCN website, and includes a Registered User, who registers on this SCN Website.
1.3 “this SCN website” means the worldwide website in the domain www.starcj.com operated by SCN and, inter alia, provides a platform to Sellers for showcasing and sale of various Products sold by them and for providing transactional information in relation to any transactions of purchase of Products entered into between the Sellers and the Buyers through Star CJ alive.
1.4 “STAR CJ alive” means the home shopping network/platform on various media (which may include this SCN website, television channels, print, mobile), run by STAR CJ Network India Pvt. Ltd. whereby Products are showcased on behalf of Sellers inviting offers for purchase byBuyers.
1.5 “SCN” means Star CJ Network India Private Limited, a company incorporated under the laws of India.
1.6 “Seller” means the Person, who/which showcases various Products on STAR CJ alive for sale to Buyers through this SCN website or generally through STAR CJ alive, and includes franchisee/s of SCN or non-franchisee sellers.
1.7 “Buyer” means the Person, who/which places an order for Purchase of a Product on the Seller through this SCN website or generally through STAR CJ alive.
1.8 “Product(s)” means and includes any goods/services that are showcased on this SCN website on behalf of SCN's Franchisees/Seller and also includes the description, procedure, processes, warranties, delivery schedule, etc. related to the Product(s).
1.9 “Person” means any individual, firm, company, governmental authority, joint venture, partnership, association or other entity (whether or not having separate legal personality).
2. Eligibility of and Representations by the User:
2.1 Use of this SCN 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, etc. are not eligible to use this SCN Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of this SCN Website or use this SCN Website in any way.
2.2 By using this SCN website, You are representing to SCN that –
a.) You are at least of the minimum legal age and otherwise also have capacity to enter into legally binding contract, as provided above.
b.) You are accessing this SCN website from a territory or jurisdiction wherein it is lawful to access and use this SCN website and Materials contained therein.
3. User Account, Password & Security:
3.1 You will be able to access most areas of this SCN Website without registering with us. However, certain areas of this SCN Website are only open to you if you register with us, which You must do by providing SCN with current, complete and accurate information as prompted by the applicable registration form. You then will choose a User name and a password to login/ access your account ("Account"). You are entirely responsible for maintaining the confidentiality of Your Password, Account, and credit card information. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You agree to notify SCN immediately of any unauthorized use of Your Account or any other breach of security. SCN will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. However, You could be held liable for losses incurred by SCN or another party due to someone else using Your Account, either with or without Your knowledge. You shall not use anyone else's Account at any time.
3.2 You are responsible for all uses of Your Account (under any screen name or password) and for ensuring that all use of Your account complies fully with the provisions of this Agreement.
3.3 You shall be responsible for protecting the confidentiality of Your User Account's Password(s), if any.
3.4 The Personal Information provided by You for the purposes of registration must be current, truthful accurate and complete, and must be updated regularly so that it remains, at all times, current, truthful, accurate and complete.
3.5 Any non-compliance with the above and in general to the terms and conditions of this Agreement may subject You to civil and criminal liabilities, penalties, non-registration and/or de-activation of Your existing Account with this SCN website without notice or intimation of any kind to You.
4. Payment Modes & Credit/Debit Card details:
4.1 On-line Payment: In order to facilitate payments for Product(s) purchased by You through STAR CJ alive, this SCN website, at the request of the Sellers, offers an online payment gateway facility that will enable You to make payments in respect thereof to the Sellers using a credit/debit card account, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.Please refer Annexure 1 at the bottom of this page for detailed terms related to Online Payment.
4.1A In order to facilitate the payments for Product(s) purchased by You through STAR CJ alive, this SCN website, at the request of the Sellers, also offers an option to pay for the Product(s) on Cash On Delivery (COD) basis in certain cases, wherein you can pay for the price mentioned on the Invoice at the time of / before receiving the Product(s). The cash can be handed over to the delivery agent carrying the Product and the Invoice for the Product ordered by You and an acknowledgement for the same can taken on Customer copy of the Invoice.
4.2 Credit/Debit card details: You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for Product(s) purchased through STAR CJ alive, either through the on-line payment gateway mechanism or through the IVR system will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by SCN with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You. SCN or Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
5.1 The personally identifying information that You provide SCN with, for registering Yourself for availing of various services on this SCN website are no more than what would be required by SCN for administrative and management purposes for providing You with efficient and effective services and experience.
5.2 SCN respects every individual's right to privacy and so is committed to protect your privacy. SCN agrees to take every reasonable and due care for keeping such information of yours in strict confidence and to use them only for the purposes and in furtherance thereof for which the same has been disclosed by You and for legitimate business purposes. SCN shall not release such information to any outside organizations, except to organization(s) which is a sponsor of the event/service for which such information has been collected. SCN shall be entitled to release the requisite personal information for the provision of services to its third party email service provider for the purposes of sending emails confirming registration, purchases, payments, etc. However, SCN reserves the right to disclose such information if and when required by any Court Order or a subpoena or in response to a Law Enforcement and Regulatory Agency's request.
6. User Material and Conduct:
6.1 You may post reviews, comments, and other content and submit suggestions, ideas, comments, questions or other information, wherever required or permitted, apart from the information you provide to us and/or Seller in the registration and order placement process. "Your Information" is defined to include any information you provide to us and/or Seller in the registration and Order placement process, in the feedback area or through any e-mail feature. Solely to enable SCN to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you hereby agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now or in future known, with respect to Your Information. SCN will only use Your Information in accordance with this User Agreement.
6.3 You are solely responsible for Your Information and Your Information:
a) shall not be false, inaccurate or misleading;
b) shall not be fraudulent;
c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
d) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing;
e) shall not be indecent, obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
f) seditious, offensive, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
g) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law; or
h) shall not be or include material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
i) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
j) that is in the nature of political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam';
k) that is illegal in any other way
SCN reserves the right (but shall not have the obligation) to remove or edit such content, but does not regularly review posted content.
6.4 You shall abide by all the notices and all the terms and conditions (updated from time to time) contained and mentioned herein this Agreement, in good faith and with due diligence and care.
6.5 You shall not use this SCN website, services and/or materials therein for any purpose that is unlawful or prohibited by these Terms, Conditions and Notices. You shall not use this SCN website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair this SCN website or any services therein or the network(s) connected to this SCN website and interfere with other User's use and enjoyment of this SCN website and/or services therein.
6.6 You shall not attempt to gain unauthorized access to any service on this SCN website, other Users' Account, Computer systems or networks connected to this SCN website through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available to You through this SCN website.
6.7 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 6 or elsewhere. Please be aware that even if you do not give SCN your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
6.8 Certain elements of this SCN website will contain material submitted by other Users. SCN accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. Part of this SCN website contains advertising/other material submitted to SCN by third parties. Responsibility for ensuring that material submitted for inclusion on this SCN website complies with applicable laws is exclusively on the advertisers and SCN will not be responsible for any claim, error, omission or inaccuracy in advertising material. SCN reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on this SCN website will be subject to SCN terms and conditions which are available on request.
7. Intellectual Property Rights:
All trademarks / service marks appearing on this SCN website are the property of their respective owners or licensors. Nothing contained on this SCN Website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on this SCN website, whether of SCN or its licensors or its affiliates or any third party.
a) The works of authorship contained in this SCN website including, but not limited to, all design, text including software (like software for the running of this SCN website, and a program code which may execute on server or which may be embedded or downloadable from individual pages on this SCN website), illustrations, images, pictures, graphics, video, sound and music collectively called "the Materials", are owned, except where expressly stated otherwise, by SCN or one of its affiliates or partners. Further, SCN owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the "Materials" for the purposes of clauses dealing with IPRs & Disclaimers). This SCN website, including all components and Materials are protected by Indian and International Copyright Laws and international treaties as a collective work and / or as a compilation and / or as individual works.
b) You shall not copy, reproduce, transmit, display, perform, distribute, rent, sub-license, alter, store this SCN website or Materials, for subsequent use or otherwise use, in whole or in part, in any manner, without the prior express written permission of SCN, except to the extent that such use constitutes "fair use" under the Indian Copyright Act, 1957, as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by You for Your personal and non-commercial use only, with a copy of this Agreement attached thereto. In the event of any permitted copying, redistribution or publication of copyright protected Materials, no change in or deletion of the author's attribution, trademark legend or copyright notice shall be made and the phrase "Used with the permission of STAR CJ Network India Private Limited" shall be included. You acknowledge that You do not acquire any ownership rights by downloading any copyright protected Materials. You shall not create derivative works based on the Materials and shall not use the Materials for the purpose of enhancing competing works.
c) For permission to use Third party Materials appearing on this SCN website, You must contact the Copyright owner thereof.
d) You agree that this SCN website as a whole and the Materials are protected by the Intellectual and Industrial property rights including Copyrights, Trademarks' rights and other proprietary rights which rights are valid and protected in all media existing now or developed later, and all use of the Materials shall be in accordance with such rights and the terms of this Agreement. Any rights not expressly granted in these terms are reserved.
8. Disclaimer, Disclaimer of Warranties & Liabilities:
8.1 Disclaimer of Warranties:
a) While we endeavour to ensure that the information on this SCN Website is correct, due to the inherent hazards of electronic distribution of Materials and other factors, there may be delays, omissions or inaccuracies in such Materials and in this SCN website as well. SCN, Sellers, service providers or technology partners provide this SCN website and facilities including Order Placement Facility "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any Product. You expressly agree that your use of this SCN Website is at your sole risk. SCN, Sellers and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of this SCN website or that the operation of this SCN website or Order Tracking Facility will be error free and/or uninterrupted. Consequently, SCN assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this SCN website or facilities contained therein.
ii) Any interruption or errors in the operation of this SCN website or facilities contained therein.
b) All specifications, features, quality, workmanship, performance, warranties, guarantees relating to the Product(s) showcased on this SCN Website specifically or on the STAR CJ alive and services related thereto are from the manufacturers, retailers and others and duly verified by independent agencies, wherever specifically claimed to that effect. SCN is not responsible for and/or liable in any manner whatsoever for all that is stated about the Products, in relation to the performance, quality of the Products, equipments, etc. and/or also with regard to the views, opinions, etc. stated/featured in relation to the Products. It is solely Your responsibility to independently verify, confirm anything showcased on this SCN website before You chose to subscribe to it through any mode available to You (such as websites of the manufacturers wherein information pertaining to the Products is published). SCN makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or Products, included on this site. To the full extent permissible by applicable law, SCN disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. SCN will not be liable for any damages of any kind arising from the use of this SCN website or facilities contained therein or any of the Products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. SCN only facilitates the sale of Products between the Seller and the Buyer and does not directly or indirectly sell or retail any Products.
c) The images shown on STAR CJ alive may differ from the original Product. Results mentioned in relation to any Product may vary from person to person or from situation to situation or from state to state depending on the place of proposed delivery and availability of the Product in that region. All views, opinions, etc. of the Experts/Show Hosts featuring in the program are of those Experts/Show Hosts only and are not necessarily subscribed to by SCN or Sellers. All effort has been taken to make the content accurate on a best effort basis and the producer will be glad to ensure rectification of any inaccuracies that may have crept in, on being pointed out. The Buyer is advised to independently verify and confirm anything stated/ featured in the program before he/she subscribes to it or use it. All Products, including schemes and offers on specific Products, are offered and orders fulfilled by Sellers. SCN is in no way involved in or responsible for fulfillment of orders that may be placed by end-consumers. Terms and Conditions apply to any sale of Products displayed on the SCN website. Please refer Annexure 2 at the end of this document for detailed terms and conditions applicable to sale of products.
d) SCN neither endorses nor offers any judgment or warranty and neither accepts any responsibility nor any liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit to this SCN website and/or transaction/s even indirectly resulting therefrom.
e) Notwithstanding anything contained herein, this SCN website or STAR CJ alive is only a platform to showcase Products by Sellers and Sellers shall be solely responsible for the transaction of sale of Products. All Products are duly screened and assured to ensure that the Products are of the standard, quality, composition, style or model that they represent and as displayed on SCN on behalf of the SCN's Franchisee/Seller or the manufacturer. All and any additional information/description, etc. for a Product that is displayed/showcased on SCN is on behalf of Sellers or the manufacturer/marketer and is as provided to SCN. SCN does not take any responsibility for any inaccuracy or error in the display/showcase of such information. SCN shall neither be responsible nor liable for any actions or inactions of Vendors for any breach of conditions, representations or warranties by the Seller or manufacturer of the Product(s).
f) In no event will SCN or Seller be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this on-line payment facility, any websites linked to this SCN website for use of the on-line payment facility, failure of internet facility, server or on account of any computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
g) While we endeavour to ensure that this SCN website is normally available 24 hours a day, we will not be liable if for any reason this SCN website is unavailable at any time or for any period. Access to this SCN website may be suspended temporarily and without notice in the case of system failure, maintenance, up-gradation or repair or for reasons beyond our control. The material on this SCN website may be out of date, and we make no commitment to update such material.
h) Presently, the service(s) on this SCN website are being offered free. However, SCN reserves the right to charge a fee for any of such facilities.
8.2 Limitation of Liabilities:
a) SCN shall have absolutely no liabilities in connection with the Materials and services/facilities on this SCN website or this SCN website itself including, but not limited to, any liability for any damage or loss to Your person, computer hardware, data, information and / or business resulting from the Materials or the lack of Materials available on this SCN website or from this SCN website itself or from any computer viruses, communication line failure, etc.
b) Further, SCN shall have absolutely no liability for the following:-
i) Any loss or injury caused, in whole or in part, by its acts of omissions and commissions or negligence or for contingencies beyond its control in procuring, compiling or delivering the Materials; and / or
ii) Any errors, omissions or inaccuracies in the Materials regardless of how caused, or delays or interruptions in the delivery of the Materials; and / or
iii)Any decision made or action taken or not taken in reliance upon the Materials available on this SCN website.
c) Under no circumstances shall SCN or Sellers be liable for any losses or damages including, but not limited to, any direct, indirect, consequential, special, incidental, punitive, exemplary or any other damages whatsoever, like damages for loss of profits, goodwill, use, data or other intangible losses, whether in contract or tort or otherwise, resulting from the use of and/or reliance upon the Materials and/or services available on this SCN website and/or or this SCN website itself, (howsoever arising, including through negligence) even if SCN has been informed and advised of the possibility thereof.
d) SCN shall not be liable for any delay/non-delivery of Products purchased from Sellers, nor would Seller be liable for any delay/non-delivery of Products purchased from them due to flood, fire, wars, acts of God or any cause that is beyond the control of Seller. However, other than for force majeure occurrences as mentioned above, Seller shall be solely responsible for conducting the entire transaction pertaining to the sale of the Products including shipping, delivery, refund, warranties or any discrepancy/ malfunction in the Products.
e) For the purposes of this Clause, SCN shall include all its divisions, subsidiaries, successors, affiliates, partners and their employees, officers, directors, promoters, representatives, agents and any Third Party Providers of Materials / Content Partners or sources of Materials.
9.1 You agree to defend, indemnify and hold harmless SCN, its shareholders, affiliates, Sellers, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including, but not limited to, reasonable attorney fees, made by any third party, arising out of the use of this SCN website by You or through Your User Account or any breach of this Agreement by You.
10. Links to Third Party Websites and this SCN website:
10.1 This SCN website contains hyperlinks to websites operated by persons other than SCN (hereinafter referred to as the "Linked Websites"). Such hyperlinks are provided for Your reference and convenience only, in order to help You identify and locate other Internet resources that may be related to the instant subject, and therefore, of interest to You. We have not reviewed the contents of such Linked Websites and do neither control nor are responsible for the availability or the content on such Linked Websites. You understand that in providing links to the Linked Websites, SCN is neither acting as a publisher of the Materials contained on those websites nor is seeking to control the content of, or maintain any type of editorial control over, such Linked Websites. SCN therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them or the Operators thereof; nor takes any responsibility for the contents on and the operations of such Linked Websites, nor any link contained in the Linked Websites. If you decide to access any of the Linked Websites linked to this SCN website, you do so entirely at your own risk. If You use these links, You leave this SCN website. You are solely responsible for determining the extent to which You may use any content at any Linked Website to which You might link from this SCN website.
11. Hypertext links to this SCN website:
11.1 You may provide, unless a written Agreement (to be entered into with SCN) in effect states otherwise, a hypertext link to this SCN website on another website, but strictly with the following restrictions :-
a) The link must be text-only link clearly marked "SCN Home Page" or "www.Starcj.com".
b) The link must "point" to the URL "http://www.Starcj.com" and not to other pages within this SCN website.
c) The appearance, permission, placement and other aspects of the link must not be such as to damage or dilute the goodwill associated with SCN's name or any of its affiliates' names.
d) The appearance, position and other aspects of the link must not create a false impression that an entity is associated with or sponsored by SCN or one of its affiliates.
e) The link, when activated by a User, must display this SCN website full screen and not within a "frame" on the linked website.
f) SCN expressly reserves the right to revoke its consent to use any SCN link at any time, in its sole discretion, for breach of these terms and to take any action it deems appropriate.
g) You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this Clause-11.
12. Product Description & Pricing:
12.1 SCN and/or the Seller will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, SCN or Seller do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this SCN website is accurate, complete, reliable, current, or error-free. If a Product showcased on this SCN website on behalf of Seller is found by You not to be as described, upon receipt of the same in pursuance to placing an order on the Seller through this SCN website specifically or through STAR CJ alive, your sole remedy is to return it in unused condition to the Seller. In the event if the payment has been processed and You wish to return the Product(s), the refund amount shall be credited to your credit/debit card account and the same shall be duly notified to You by email to your email address provided at the time of registration.
12.2 Except where noted otherwise, the Selling Price/MRP/MOP/List Price displayed for Products on this SCN website represents the full retail price listed on the Product itself (inclusive of all taxes), suggested /offered by the manufacturer or supplier or the Seller or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price/ MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area and/or on any particular day. The prices may vary from the day on which it published on this SCN website for the first time and the actual day of placing the order and may also differ from state to state depending on the place/region of proposed delivery. Further, the MRP shown on this SCN website or on STAR CJ alive may also vary from the MRP shown on any individual package owing to the schemes/ discounts/ special prices offered by the Manufacturer/Marketer for the Product(s) in separate lots. Seller and/or SCN will not be liable in any manner in this regard for any misrepresentation and Seller shall only have the duty to ensure that the Price charged is not more than that mentioned as MRP on any given package. For certain items those are offered as a set/pack/combo/arrangement, the Selling Price/List Price/ may represent "open-stock" prices, which mean the aggregate of the estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement.
12.3 You irrevocably and unconditionally hereby agree and consent to receive information/ offers/ promotional mails and messages pertaining to Products and services offered by SCN and/or Sellers to You from time to time.
12.4 You fully understand and agree that this SCN website is a venue for the Seller to showcase the Product/s and Users to view the Products which the Seller intends to sell to its customers through this SCN website or STAR CJ alive. Such transactions may or may not be concluded through this SCN website. SCN is not and cannot be a party to or control in any manner any transaction between You and the Seller. Consequently:
a) All commercial / contractual terms governing the purchase of Products by You from Seller in an on-line / off-line / off-website transaction between You and the Seller are offered and agreed to between You and the Seller alone. The commercial / contractual terms include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to Products.
b) SCN is not responsible for any non-performance/ delay or breach of any contract entered into between You and the Seller in an on-line / off-line / off-website transaction concluded between You and the Seller.
c) SCN does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the Products or services showcased on this SCN website or on STAR CJ alive. In particular, SCN does not implicitly or explicitly support or endorse the sale or purchase of any Products or services showcased on this SCN website or on STAR CJ alive, through any on-line / off-line / off-website transaction between You and the Seller.
d) SCN does not make any representation or Warranty and takes no responsibility with respect to the recommendations/ suggestions made by SCN in relation to the Products/ services on this SCN website or on STAR CJ alive. SCN clarifies that such recommendations/ suggestions are based on attractive pricing of Products and discounts or special prices offered or any scheme or set/pack/combo/arrangement on this SCN website or on STAR CJ alive. Customers shall rely upon such recommendations at their own risk.
e) SCN does not at any point of time during any transaction between You and the Seller conducted off the website in relation to any Product showcased on this SCN website come into contact with or takes possession of any of the Products offered by the Seller nor does it at any point gain title to or have any rights or claims over the Products offered by the Seller.
13. Personal & Non-Commercial Use:
13.1 The right to use this SCN website is personal to You and is not transferable to any other person or entity. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, You shall use this SCN website and services & Materials therein strictly for non-commercial purposes only and not indulge in any business activities.
14.1 SCN shall have the right, at any time, to change or discontinue any aspect or feature of this SCN website including, but not limited to, content, hours of availability, and equipment/software needed for access and use of this SCN website, or discontinue this SCN website itself without incurring any obligations of any sort. Also, SCN may discontinue or restrict Your use of this SCN website for any reason without any notice.
14.2 SCN reserves the right to change or modify the Terms, Conditions and Notices applicable to the use of this SCN website or any part thereof, or to impose new conditions at any time. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service.
14.3 Any use of this SCN website by You after such modification shall be deemed to constitute acceptance by You of such changes, modifications, additions and / or deletions. So, You are responsible for regularly checking on these Terms, Conditions and Notices and Additional Terms, etc. governing particular features, offers, etc.
15.1 Either SCN or You may terminate this Agreement at any time. Without limiting the foregoing, SCN shall have the right to immediately terminate Your User Account in the event of any conduct by You which SCN, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and SCN and You shall have no authority to bind SCN in any manner whatsoever.
16.2 Captions & Interpretations:
The clause and sub-clause headings used in this Agreement are intended solely for convenience of reference and shall not in any way or manner amplify, limit, modify or otherwise be used in the interpretation of this Agreement.
16.3 Entire Agreement:
This agreement, together with the various Rules made for the governing of certain services on this SCN website and annexures/schedules hereto, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement.
16.4 Good Faith:
You shall act in good faith in the performance of Your obligations under this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to the address: Attn: Legal Department, STAR CJ Network India Pvt. Ltd. at STAR CJ Plaza, 6th Floor, Apsara Complex, Lamington Road, Grant Road (East), Mumbai - 400007 (in the case of SCN) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The provisions of Clauses 4, 7, 8, 9, 16.2, 16.6, 16.8, 16.9 and all such other provisions, which create rights/obligations on the parties hereto that should continue even after the termination of this Agreement so as to give protection to the respective parties as per the spirit of this Agreement, shall survive termination of this Agreement.
If any of the provisions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, under the applicable laws, such provisions would be deemed severed from the rest of this Agreement and the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.
No failure on Your part as well as on SCN's part to exercise, no delay in exercising, and no course of dealing with respect to any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement.
16.9 Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India only.
All the disputes and differences arising between the parties hereto, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and or obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by the Chief Executive Officer of SCN. The arbitration shall be governed by the provisions of The Arbitration Act, 1996, and any amendments / re-enactments made thereto, for the time being in force. The venue and seat of such arbitration proceedings shall be Mumbai in India. The arbitration proceedings shall be conducted in English language. Each party shall bear the cost of arbitration equally unless awarded otherwise by the sole Arbitrator. The award shall be final and binding upon all the parties to the arbitration.
Judicial proceedings for the review of any arbitration decision or proceeding or for any other matter arising out of or in relation to this Agreement shall be brought in the courts at Mumbai in India only, to which the parties hereto agree without any reservations.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipments/software needed for access to and use of this SCN website, and all charges related thereto. When You visit this SCN Website or send e-mails to us or give us your feedback, You understand that You are communicating with us electronically/through electronic records. You consent to receive communications from us electronically/through electronic records. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirement of adequate service of notice/electronic record.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 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.
IF YOU ARE DISSATISFIED BY ANY MATERIALS OR SERVICES ON THIS SCN WEBSITE OR WITH ANY OF THE TERMS AND CONDITIONS OF USE OF THIS SCN WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SCN WEBSITE.
Online Payment Terms and Conditions
Online payment system is provided by Star CJ Network India Pvt. Ltd. ("SCN") on behalf of sellers ("Seller"). SCN may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms.
The online payments are processed through an online payment gateway system provided by Billdesk, who comply with the "Payment Card Industry Data Security Standards" (PCI DSS) for Credit Card data security and the payment mechanism shall be subject to the terms and conditions set out by Billdesk (http://www.billdesk.com/terms.htm).Please read these terms carefully before using the online payment facility. Using the online payment facility on this SCN website indicates that you accept these terms. If you do not accept these terms do not use this facility.
All payments are subject to the following conditions:-
1. Your payment will normally be credited to the Seller account to which you are making a payment within 2-3 working days from the date of transaction, as required by the guidelines of Reserve Bank of India.
2. Your payment instructions will be effected only after proper authentication in accordance with the procedures prescribed by the on-line payment facility.
3. SCN and/or Seller will not accept any liability for a payment, not reaching the correct Seller's account due to your quoting an incomplete/ invalid/ incorrect account number or personal details.
4. Neither SCN nor the Seller will accept any liability if payment is refused or declined by the credit/debit card supplier / service provider for any reason.
5. If the card supplier/ service provider declines payment for any reason whatsoever, SCN or the Seller is under no obligation to bring this fact to your attention or deliver the Product(s). You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the Seller.
6. SCN and/or Seller shall not be liable to the user for any injury or damage caused by any failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory / cause of action whatsoever.
7. In no event will SCN or Seller be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this on-line payment facility, any websites linked to this SCN website for use of the on-line payment facility, failure of internet facility, server or on account of any computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
8. Refunds, if applicable, will only be made to the debit/credit card or bank account used for payment for the original transaction once the returned Product reaches the warehouse of the Seller.
9. Your use of this service is at your sole risk, and the on-line payment facility is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reason. Further, the on-line payment facility reserves the right to charge and recover certain fees for the use of its services.
10. Although adequate security measures are adopted, SCN and/or Seller shall not be responsible for any unauthorized access to the service or your account.
TERMS & CONDITIONS APPLICABLE TO SALE OF PRODUCTS
1. Any transaction of sale of the displayed product ("Product") on this SCN website or STAR CJ alive is subject to these Terms & Conditions. Person placing the order for Product ("Buyer") acknowledges that he/she fully understands the contents hereof and agrees to be bound by the same, if he/she places an order. In case Buyer does not agree to these terms and conditions, then his /her sole remedy is not to order any Product on STAR CJ alive Home-Shopping Network ("STAR CJ alive", which includes STAR CJ alive Television Channel, this SCN website, catalogues, mobile, etc.) run by STAR CJ Network India Pvt. Ltd. ("SCN").
2. SCN only provides a platform to third party sellers (“Sellers”) for showcasing various Products that Sellers offer for sale to consumers through STAR CJ alive.
3. All Products, including schemes and offers on specific products, are offered and orders fulfilled by Sellers. SCN is in no way involved in or responsible for fulfillment of orders that may be placed by Buyer. The order of the Buyer is placed on a Seller, who shall be solely responsible for the fulfillment of the orders placed by Buyer.
4. All Products displayed for sale are for sale within India only. Products are available without the specified offers also and offered subject to availability.
5. The Selling Price/MRP/MOP/List Price displayed for all Products represents the full retail price of the Product itself (inclusive of all taxes), as suggested /offered by the manufacturer or Seller or estimated in accordance with standard industry practice.
6. All payment shall be accepted through any of the following modes (i) COD i.e. cash on delivery (up to maximum limit of Rs. 25,000/-) and/ or (ii) DOD i.e. Demand Draft on delivery and/or (iii) Cash remittance, and/ or (iv) Credit/Debit Card payments, made/drawn in favour of the concerned Seller, through IVR or On-line payment mechanism. However, at the time of delivery of Product, payments will be accepted only in cash (up to maximum limit of Rs. 25,000/-) and/or through Demand Draft for the balance or the full amount. However, it is clarified that, for orders placed through this SCN website, payments shall be allowed only through the On-line payment mechanism and Cash remittance mechanism and in certain cases also through COD mechanism.
7. Title to and risk in Product shall pass unto Buyer only upon payment of the price of Product and subsequent acknowledgement of the receipt of Product by Buyer.
8. Unless notified to Seller to the contrary at the time of delivery and/or within 2 days of receipt of Product by Buyer, Product shall be deemed to have been accepted by Buyer as being in good condition. Product may be returned by Buyer for a replacement or refund of the purchase price within 2 days from the time of receipt of Product and in case there is a “Return Policy” of the Seller then in accordance with the same. Product returned under Return Policy must be received by the Seller in as-new or unused condition and in full conformance with the invoice specifications (all other items/accessories, if any delivered with the Product must be returned). In case of electronic items, once Manufacturer's seal is broken, the Product shall not be returned. It is clarified that, the Buyer shall not make any claim in respect of the Product upon the expiry of 2 days from the time of receipt/ acknowledgement of the Product.
9. Except for the warranty provided by the Manufacturer, no other representation, warranty or condition of any kind are made by SCN, including implied representations, warranties or conditions of merchantability and fitness for a particular purpose. Any other written or oral assurances by the Seller, its representatives, or anyone else for and on its behalf, do not constitute a part of the warranty by the Manufacturer. The Seller will be responsible for any such assurances under its Return Policy, as applicable. For Product already used by Buyer, Manufacturer's warranty will be the sole warranty and the seller is discharged from replacement liability, if any. Buyer agrees to be solely liable for any misuse, neglect or accident, or alteration and tampering with, or for corrective work done by him or anybody else at his end, against the terms of the Manufacturer's Warranty.
10. Once received in good condition, Buyer shall avail the after-sales services directly from the manufacturer/marketer only.
11. All refunds by the Seller shall be made to Buyer's Bank account/credit card account respectively.
12. Standard Force Majeure exceptions would apply in respect of Seller's obligations.
13. Subject to the applicable law, Seller's aggregate liability for any damage or claim or loss arising out of or relating to these terms, shall not exceed the amount invoiced and received for the Product. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
14. Additional Terms and Conditions may apply to any sale of Products displayed, which would be communicated to the Buyer at the time of placing the order.
15. The images shown on STAR CJ alive may differ from the original Product. Results mentioned in relation to any Product may vary from person to person or from situation to situation or from state to state. All views, opinions, etc. of the Experts/Show Hosts featuring in the program are of those Experts/Show Hosts only and are not necessarily subscribed to by STAR CJ Network India Pvt. Ltd. or the Seller. The Buyer is advised to independently verify and confirm anything stated/featured in the program before he/she subscribes to it or uses it.
16. It is understood that Buyer shall not apply or use the Products in a way as to detract materially from their safe use and when put in use, such use will be in compliance with safety requirements prescribed by the applicable law and will be otherwise legally adequate to safeguard against injuries to persons or property. Buyer hereby agrees to be solely responsible for any loss or damages arising out of or resulting from any injury to any person or damage to any property caused by the inadequacy of Buyer's intended use of the safety features, devices or characteristics of the Product specified herein, or in the installation, use or operation of such Product. Seller shall not be liable in respect thereof in any manner.
17. These Terms and Conditions shall be governed by and construed in accordance with the laws of Republic of India and shall be subject to exclusive jurisdiction of the courts in Mumbai, India. No modification hereof shall be binding upon Seller unless such modification is in writing signed by a duly authorized representative of the Seller. If any part hereof is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision shall be deemed inapplicable and omitted to the extent contrary, prohibited or invalid, but the remainder shall not be invalid and shall be given effect so far as possible. The entire understanding between the Seller and Buyer is set forth herein and any promises, representations, warranties or guarantees not herein contained shall have no force and effect unless in writing signed by Seller and Buyer.