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THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE (HOMERCE.IN).
The website name shiningstar.online is owned by shiningstar with their registered office at 7264 STREET NO 2 ARAM NAGAR PAHAR GANJ NEW DELHI 110055.
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with shiningstar.online and these terms and conditions including the policies constitute Your binding obligations, with shiningstar.online.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems shiningstar.online allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean shiningstar.online.
We may vary or amend or change or update these Terms and Conditions, from time to time entirely at our own discretion. You shall be responsible for checking these Terms and Conditions from time to time and ensure continued compliance with these Terms and Conditions. Your use of Products and/or services after any such amendment or change in the Terms and Conditions shall be deemed as your express acceptance to such amended/changed Terms and Conditions and you also agree to be bound by such changed/amended Terms and Conditions.
Use of the website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wish to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. shiningstar.online reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to shiningstar.online notice or if it is discovered that such person is not eligible to use the Website.
Please carefully read these Terms and Conditions. By accessing or using the Website, you are agreeing to these Terms and Conditions and concluding a legally binding contract with shiningstar.online . You may not use the Website if you do not accept the Terms and Conditions or unable to be bound by the Terms and Conditions.
In order to use the Website, you must first agree to the Terms and Conditions. In case you use the website, you understand and agree that shiningstar.online will treat your use of the Website as acceptance of the Terms and Conditions from that point onwards.
Notwithstanding anything to the contrary contained herein, neither we nor our affiliates or our officers, directors, employees shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions or your usage of Products and Services, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to “You” for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5,000/-. To the maximum extent permitted by law, you waive, release, discharge and hold harmless shiningstar.online or its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Products and/or our services.
In order to use the Website, you will have to create an account on the Website (“the Account”), which can be done either by signing up through your personal e-mail. As part of the application, you will be required to provide an e-mail address and a password which is to be used for logging into the Account in the future. You shall not transfer or share your Account password with anyone, or create more than one Account.
The confidentiality of your username and password is to be maintained by you and in case of any misappropriation or unauthorized access of the Account you agree to communicate the same promptly to shiningstar.online. Any information regarding this will be sent to the e-mail address which was used at the time of sign up.
You hereby by way of accepting these Terms, you receive consent to the receipt of communication from us by way of E-mails, Newsletters, WhatsApp messages & Phone calls.
The Website may contain links and interactive functionality interacting with the websites of third parties. shiningstar.online is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, shiningstar.online strongly recommends that you review and understand the Terms and Conditions, Privacy Policies, settings, and information-sharing functions of each such third-party website.
You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
You hereby acknowledge that shiningstar.online shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. shiningstar.online shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.
This Platform, 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 “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, shiningstar.online does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
shiningstar.online will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. It does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller 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 the Platform. By registering Your phone number with us, your consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.
You agree to indemnify, save, and hold shiningstar.online, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the shiningstar.online and/or services; (ii) any violation by You of these Terms and Conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of your association with us or termination of your usage of services.
shiningstar.online solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Services and Contents and is protected under Indian law.
You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of shiningstar.online during and after the term of this agreement. You may not selectively download portions of the website without retaining the copyright notices You may download material from the website only for your own personal use and for no commercial purposes whatsoever.
Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.
The Account can be terminated at any time by:
Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
The failure by shiningstar.online or its affiliates to perform hereunder when caused by or resulting from fire, floods, embargoes, government regulations or administrative action, war, acts of war (whether war be declared or not), insurrections, riots, civil commotions, strikes, lockouts, terrorist acts, epidemic, pandemic, public health emergency, COVID 19 and any lockdown orders thereunder, acts of God beyond the control of shiningstar.online or its affiliates (any such event, a “Force Majeure Event”), and which is a result thereof, shall not constitute a default or breach under any Terms and conditions.
These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in NEW DELHI, INDIA. In the event of any dispute arising out of these Terms and Conditions the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India.
OR
Subject to the Dispute Resolution section above, you agree that any claim or dispute You may have against “Us” must be resolved by a court having jurisdiction in NEW DELHI, INDIA. You agree to submit to the personal jurisdiction of the courts located within NEW DELHI, INDIA, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of your engagement with Us.
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: shiningstar.online
E-mail Id: jbrgroup01@gmail.com
Address: 7264 STREET NO 2 ARAM NAGAR PAHAR GANJ NEW DELHI 110055