TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under  as applicable 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. This is a legal agreement between you, the user (“User” or “You”) of the Facility, as defined below, and Star India Private Limited stating the terms that govern Your use of the Site, as defined below. If You do not agree to these Terms Of Use ("Terms of Use" or "Terms" or “Terms and Conditions”), you are not entitled to use the Facility and any use thereafter shall be unauthorized.

Description of Service and Acceptance of Terms of Use

Star India Private Limited is a company incorporated under Companies Act, 1956, having its registered office at STAR House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (W), Mumbai- 400013, India (“Star”). Star provides an online website ‘ www.srm.in.startv.com. ‘ (“Site”) as an interactive platform for its Vendors to  register their profile, upload their KYC documents, submit their invoices, view payment status of their invoices and obtain relevant tax deduction documents(“Facility”)  on the Site and any other features, tools, applications, materials, or other services offered from time to time by Star in connection with its business, provided on the Site (“Content”) .

Use of the Facility is subject to compliance with these Terms of Use.

By visiting the Site or using the Facility and/or Content, You are agreeing to these Terms and Conditions and the Privacy Policy . Unless otherwise specified, the Facility is available for individuals aged 18 years or older. If You are under the age of 18, You should review these Terms and Conditions and the Privacy Policy with Your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it on Your behalf and further if required, You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with Star. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations. .

 

Electronic Communications

When You use/avail the Facility  or send any data, information or communication to Star, You agree and understand that You are communicating with Star through electronic records and You consent to receive communications via electronic records from Star periodically and as and when required. Star will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Star which will be deemed adequate service of notice / electronic record.

All content on the Site is protected by copyright, trademark, patent, trade secret and other intellectual property laws, and shall not be used except as provided in these Terms and Conditions, without the prior written permission of Star.

Access and Use of the Services

Star grants You a non-exclusive limited, non-transferable, non-sublicensable revocable license to use the Facility and/or Content (as the case maybe) on the Site for personal, non-commercial purposes during the subsistence of Your registration in the territory of India as set forth in these Terms and Conditions.

By agreeing to use/avail the Facility:
  • You confirm and warrant that all the data and information supplied by You when You register or otherwise post comments/observations on the Site and provided by You to Star and or any Star's affiliates, distributors ("Registration Data") is true, current, complete and accurate in all respects.
  • You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times. You represent, agree and accept that Star is not liable or responsible for any losses, costs, damages arising out of any actions undertaken or activities performed by Star on the basis of the information provided by You as also due to You not intimating / delay in intimating such changes
  • You acknowledge and agree that Your Registration Data and any other personal data collected by Star is subject to Star's Privacy Policy . For more information, please view and read the full Privacy Policy . Star may collect information such as occupation, language, pincode, area code, unique device identifier, location, and the time zone where the Facility is used and may use these for internal purposes and to target advertising and content recommendations.
  • You acknowledge, consent and agree that Star may access, preserve, transfer and disclose Your account information and/or User Material (see below) subject to the Privacy Policy , if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Star, affiliates, its users and the public.
  • You agree that Star has the right to temporarily suspend access to the whole or any part of the Facility for any technical/operational reason and shall be under no liability to You in such an event. Star may, but shall not be obliged to, give You as much notice of any interruption of access to the Facility as is reasonably practicable. Star will restore access to the Facility as soon as reasonably practicable after temporary suspension.
  • You agree that Star shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Star.
  • You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right or applicable law.  
  • You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content.  This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
  • You agree that Star owns and retains all rights to the Facility and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and/or view on the Site is owned or controlled by Star, its affiliates and/or its licensors. The Facility and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
  • Except as provided in these Terms (or otherwise expressly provided by Star), you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Facility. You further agree not to use the Facility and/or the Site to:
  • Post, upload or otherwise transmit or link to content, information and/or documents that are: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false, forged or misleading; defamatory; libelous; hateful; or discriminatory;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
  • Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site or the Facility and/or Content;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Facility, including Star’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Facility;
  • Delete or revise any information provided by or pertaining to any other user of the  Facility;
  • Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the  Facility, or to circumvent or modify any security technology or software that is part of the  Facility;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Facility. If you do so, you acknowledge you will have caused substantial harm to Star, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Company Rs. 10,000/- for each actual or intended recipient of such communication without prejudice to any other rights of action that Star may have against you in law or equity;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Star’s prior written consent;
  • Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by Star;
  • -Access the Site/Application/Facility (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • Use the Facility and/or Content to advertise or promote competing services;
  • Use the Facility and/or Content in a manner inconsistent with any and all applicable law;
  • Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
  • You are responsible for the security and proper use of Your unique user ID and password that you enter while registering on the Site to avail the Facility and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
  • You agree that Your use of the Facility and the Content may give You the opportunity to view, publish, in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Facility, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Star's/ or its licensor's copyright, trademark design, patent, and other intellectual property including any rights of Star or its licensors subsisting in the Content. You further agree that You will not copy/record any of the Content You access and view as part of the Facility, for any purpose, and/or copy/record any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
  • You further  agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by Star.

In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Star or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

Termination of Service

Star reserves the right to immediately terminate or restrict Your account or Your use of the Facility or access to Content at any time, without notice or liability, if Star determines in its sole discretion that You have breached these Terms and Conditions, the Privacy Policy , violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

User Reviews, Comments and Other Material

You may be required to, submit, or otherwise upload (collectively, " Upload") information, documents (collectively, "User Material").  As it concerns User Material, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the  Facility, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Facility.

You agree that Star shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Star may determine, in its sole discretion, is inappropriate or for any other business reason.  You acknowledge that Star reserves the right to investigate and take appropriate legal action against anyone who, in Star’s sole discretion, violates these Terms, including, but not limited to, terminating their account and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity.  In addition to the restrictions set forth above, you must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(c) harms minors in any way;

(d) infringes any patent, trademark, design, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, 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. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it, save as where such information relates to Personal Information or Sensitive Personal Information as defined under the applicable laws of India. The Personal Information and/or Sensitive Personal Information shall be dealt with in the manner set out in the Privacy Policy which is an integral part of these Terms of Use.

By posting the User Material, You hereby grant Star a right to use, such User Material in connection with the Facility and for due diligence and other compliance and/or accounting requirements.. The right You grant to Star is non-exclusive, royalty-free , sub-licensable, transferable and irrevocable for the territory of the world and for perpetuity. Star's use of such User Material shall not require any further notice of attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity. Star has no obligation to purchase any item or service from You.

If you have any complaints relating to any third party User Material uploaded on the Site, then please contact: star.srm@startv.com Your email, which must bear your digital signature or a signed written complaint, should include the following information:

In no event does Star assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Star with respect to such User Material.
  1. Details of the objectionable User Material;
  2. Details of the basis of the objection;
  3. What relief is being requested;
  4. All other relevant information required by Star to assess the complaint.

Star shall take all reasonable measures, including taking down the objectionable User Material expeditiously. You agree and acknowledge that Star’s responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and Star shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Linked Destinations and Advertising

All liability is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site. While using this Site/website for information purposes or otherwise, users acknowledge and accept the above disclaimer.

If Star provides links or pointers to other websites or destinations, You should not infer or assume that Star operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Facility, Star will not warn You that You have left the Facility and/or the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Facility and reached another website or destination. Please be careful to read the terms of use and Privacy Policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination.

Star is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Star. By using the  Facility, You acknowledge and agree that Star is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.

 

 

Support

If You have any questions, complaints or claims with respect to the Site and/or Facility, then such correspondence should be directed to the address as given below.

STAR India Private Limited

The contact information – star.srm@startv.com

Star takes no responsibility for advertisements or any third party material posted on any of the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Star is not liable for any loss or claim that You may have against an advertiser.

 

Disclaimer of Warranties

You agree that use of the Facility is at Your own risk. The Facility including the Site, the Content, the video player,  User Material and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Star does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Facility will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

 

 

Limitation of Liability

IN NO CASE SHALL STAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE FACILITY OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE FACILITY, SITE OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE FACILITY OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, STAR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

 

Indemnity

You agree to defend, indemnify and hold harmless Star, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Facility; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Facility.

 

Governing Law

The relationship between You and Star shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Facility , shall be referred to a sole arbitrator appointed by Star and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute. Notwithstanding the foregoing, You agree that (i) Star has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

 

Changes

Star reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the  Facility. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions . Your continued use of the Facility will be deemed to constitute your acceptance of any and all such Additional Terms.

 

 

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Star governing Your use of the Facility, superseding any prior agreements between You and Star regarding such use.