Terms & Conditions
Site Usage Terms
Term of Use
"Agreement") set forth the standards of use of www.startdesi.com
located at http://www.startdesi.com and all of its associated pages and
websites. The link www.startdesi.com and all such associated pages and websites
are collectively referred to herein as the "Website."
The words "You" or
"User" "Your" as used herein refer to all individuals
accessing or using the Website for any reason.
By using the Website, You represent that
you have read and agree to be bound by the terms of this Agreement, as well as
Use set out the legally binding terms with respect to your access and use of
the Website and our provision of the Services (as defined below).
Your access to Website and/or use of the Service constitutes your acceptance of
1. DEFINITIONS AND INTERPRETATIONS
"Account" means the account
successfully opened by the User on the Company's Website by inserting
information such as name, age, sex, contact details, user name, password as
required to be filled in the webpage during the registration process and
includes any further changes and additions to the information from time to
"Company" means startdesi.com or any of its assignee,
incorporated under the Companies Act, 1956.
"Customer" means any User who
accesses the Website completes the registration according to clause 6.
"Registration Process" means the
entire process which a Customer/User undergoes while registering himself on the
Website in accordance with clause 6.
"User" means any person who
accesses the Website.
In this Agreement, unless the context
otherwise requires references to recitals, clauses and sub-clauses are to recitals,
clauses and sub-clauses of this Agreement; headings are inserted for ease of
reference only and are not to be used to define, interpret or limit any of the
provisions of this Agreement; references to the singular number shall include
references to the plural number and vice versa; words denoting one gender
include all genders; any reference in this Agreement to a statutory provision
includes that provision and any regulation made in pursuance thereof, as from
time to time modified or re-enacted, whether before or after the date of this
Agreement; and any reference to a time limit in this Agreement means the time
limit set out in the relevant clause or sub-clause or such other time limit
which may be mutually agreed by the parties in writing.
You, if an
individual, must be 18 or above, or the legal age to form a binding contract in
your jurisdiction if that age is greater than 18 years of age, be a member or
use the Website and Services. Membership or use of this Website is void where prohibited
by applicable law, and the right to access the Website will be deemed to be
revoked in such jurisdictions ab initio. By using the Website and/or the
Services, You represent and warrant that You have the right, authority, and
conditions set forth herein. You also represent and warrant to the Company that
You will use Website in a manner consistent with any and all applicable laws
The use of this
Website entitles the User, whether a User or a Customer, to avail certain
services as provided in the following clauses ("Services") and
interpretation of the term "Services" shall be done accordingly
depending upon the context.
4. RESTRICTIONS ON USE
not use the Website in order to transmit, distribute, store or destroy
material, including without limitation content provided by the Company:
unlawful purpose or in violation of any applicable law, regulation,
international law or laws of any other country; or
in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal
rights of others, or
defamatory, libelous, obscene, threatening, abusive or is offensive to users of
the Website, such as content or messages that promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual; or
false or misleading; or
harasses or advocates harassment of another person.
You are also
prohibited from violating or attempting to violate the security of the Website,
including, without limitation the following activities: (a) accessing data not
intended for You or logging into a server or account which You are not
authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus
to Website, overloading, "flooding", "spamming", "mail
bombing", "hacking" or "crashing"; or (d) forging any
TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may result in civil
or criminal liability.
Restrictions on Rights to Use: In addition to the above, You shall not:
adapt, translate, or reverse engineer any portion of the Website and/or
copyright, trademark or other proprietary rights notices contained in or on the
Website and/or Service;
robot, spider, site search/retrieval application, or other device to retrieve
or index any portion of the Website and/or Service or for crawling the Website
and scraping content or to circumvent the technological methods adopted by the
Website to prevent such prohibited use;
frame any portion of the web pages that are part of the Website and/or Service;
accounts by automated means or under false or fraudulent pretenses;
transmit unwanted electronic communications such as "spam" to other
users/customers of the Website and/or Service or otherwise interfere with other
User's or Customer's enjoyment of the Website and/or Service;
content or material that falsely express or imply that such content or material
is sponsored or endorsed by the Company or the Website;
viruses, worms, defects, Trojan horses or other items of a destructive nature;
make use of
the Website or Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material
including that are deemed threatening or obscene;
copy or store
any content offered on the Website for other than Your own use;
action that imposes, or may impose in our sole discretion, an unreasonable or
disproportionately large load on the Company's IT infrastructure;
5. REMEDIES WITH THE COMPANY
and agree that the Company or the Website may review any content and in case
the Company finds, in its sole discretion, that the User violates any terms of
this Agreement especially clause 4, the Company and/or the Website reserves the
right to take actions to prevent/control such violation including without
limitation, removing the offending communication or content from the Website
and/or terminating the membership of such violators and/or blocking their use
of the Website and/or Service.
shall also be entitled to investigate occurrences which may involve such
violations and may and take appropriate legal action, involve and cooperate
with law enforcement authorities in prosecuting Users/Customers who are
involved in such violations.
6. REGISTRATION PROCESS
The User to
be entitled to avail the Services shall have to complete the registration
process ("Registration Process") as provided below:
Registration Process involves the creating of a login id by the User in
accordance with clause 3.2.2.
is mandatory for the Customers and requires them to provide certain basic
information about themselves such as name, age, sex, email address, billing
address, collection address, zip/postal code and phone number and accordingly
create an Account.
may provide the facility of 'masking' which allows You to hide or keep
confidential or not to fill any information except the information which are
considered mandatory by the Company and which will indicated by asterisks. The
Company further reserved the right to seek further information, even though
masked by You, if in its sole view such information is necessary.
Customers understand and agree that the Company may screen and verify the
information provided by the Customer/User and at its sole discretion, increase
the amount or number of information for the Registration Process and may ask
for further information even after Registration Process. The Company may in its
sole discretion, close the Account, if any information provided is found to be
false or the information provided is not sufficient.
shall endeavor to provide the Customer with facilities/gateways to pay the Fee
through credit cards (rupay, visa and MasterCard), debit cards, cash cards and
understood and agreed by the User/Customer that the Services shall only
commence after realization of money in the accounts of the Company incase
online payment is being opted for by them.
understood and agreed by the User/Customer that payment mechanisms may be
reserves the right to refuse or cancel any order placed for a product/package
that is listed at an incorrect price. This shall be regardless of whether the
order has been confirmed and/or payment been levied via credit card. In the
event the payment has been processed by the Company, the same shall be credited
to your credit card account within 7-14 working days and duly notified to you
by email. Once the order has been placed and in case You wish to cancel/modify
the same You may do so subject to cancellation/modification charges as
understood and agreed by the User/Customer that payment mechanisms may be governed
by separate agreements between the third parties who provide facilities for
such payment mechanism and the Company.
understood and agreed by the User/Customer that in no event whatsoever, the
Company shall take any responsibility or liability for malfunctioning or defect
in any payment procedure. Payment of the Price shall be the sole responsibility
of the User/Customer.
reserves the right to charge listing fees for certain listings, as well as
transaction fees based on certain completed transactions using the Services
through the Website or any other fee. The Company further reserves the right to
alter any and all fees from time to time, without notice.
User/Customer may be liable to pay all applicable charges, fees, duties, taxes,
levies and assessments for availing the Services through the Website. Further,
the Company reserves the right o change the Fees upon its sole discretion
without any prior notice to the Customers/Users.
8. REFUND AND CANCELLATION POLICY
shall be acceptable only if the Customer informs the Company within 24 hours from the time of booking. 5%
cancellation charges will be applicable on the total amount of invoice. The
Customer can contact us through e-mail id, email@example.com in case of cancellation and refund.
amount will be sent to the respective debit card/credit card/account from where
payment was made and amount will not be refundable by any other mode.
shall endeavor to goods to the Customer if so opted for by him/her within 1-2 working
days, unless it is required otherwise. Time taken during transit/shipping in
case it is delivered by courier is extra to the processing time displayed on
WE DO NOT
DELIVER ON SUNDAYS AND PUBLIC HOLIDAYS IN INDIA.
be modified by the Company at its sole discretion, at any time without prior
notice, and such modifications will be effective upon such new terms and/or
upon implementation of the new changes on the Website. You agree to review the
the Company shall not be liable for any loss suffered by You on your failure to
new services, enhancements or modifications to the Website or Service
implemented after your initial access of Website or use of the Service shall be
may at its sole discretion and without assigning any reason whatsoever at any
time deactivate or/and suspend the User's/Customer's access to the Website
and/or the Services (as the case may be) without giving any prior notice, to
carry out system maintenance or/and upgrading or/and testing or/and repairs
or/and other related work. Without prejudice to any other provisions of this
Agreement, the Company shall not be liable to indemnify the User for any loss
or/and damage or/and costs or/and expense that the User may suffer or incur,
and no fees or/and charges payable by the User to the Company shall be deducted
or refunded or rebated, as a result of such deactivation or/and suspension.
12. TERM AND TERMINATION
of Use, with modifications as contemplated, shall remain in full force and
effect during the user of the Website for all Users.
Process is concluded as per clause 6 of this Agreement and shall be valid until
terminated as provided below or till the time the Account is maintained.
may terminate this Agreement with immediate effect, without prior notice and
without assigning any reason/s whatsoever and without any prejudice to any/all
other rights in the following events:
Account remains unused for a period of six months or more; or
if in the
opinion of the Company, the User has breached any of the terms and conditions
if, in the
opinion of the Company or/and any regulatory authority, it is not in the public
interest to continue providing the use or Service to the User for any reason.
18, 19, 20 and 21 shall survive any termination or expiration of these Terms of
13. LIABILITIES UPON TERMINATION
If the Terms
of Use is terminated pursuant to clauses set out in clause 12 above, without
prejudice to any other remedies available to the Company, You shall not be
refunded whether a part or whole of the Fee.