Blue Star Star Sampark Terms and Conditions

1. GENERAL

1.1 Blue Star Limited Star Sampark is a portal operated by Blue Star Limited (“Company/We/Our”). We are registered in India under the Companies Act, 1913 vide registration number L28920MH1949PLC006870 and have our registered office at Kasturi Buildings, 4th Floor, Mohan T Advani Chowk, Churchgate-400020.

1.2 Our Portal provides: (a) users with the facility or venue to sell and/or promote their products and/or services to the Company.

1.3 These Star Sampark Terms & Conditions help to keep our Portal a safe place to buy and sell items. We would like to build our Portal on trust, and compliance with this Star Sampark Terms & Conditions help ensure trust amongst all members of our Portal.

1.4 In these Star Sampark Terms & Conditions “you” includes anyone acting on your behalf or with your express or implied authority.

2. REGISTRATION

2.1 Any person who wants to access and use Portal to act as a vendor must accept these Star Sampark Terms & Conditions. These Star Sampark Terms & Conditions are binding for your registration to our Portal and for each and every time the Portal is used.

2.2 By registering and accepting these Star Sampark Terms & Conditions, you agree to the terms and conditions contained herein. If you do not agree to accept these Star Sampark Terms & Conditions, you may not become a registered vendor of the Portal and will not be able to access or otherwise use the services provided by the Portal to registered vendors.

2.3 Once you have satisfactorily completed and submitted a registration form and all requisite registration forms and materials, via our Portal, you will become a registered vendor in our Portal, subject to acceptance by us in our absolute discretion. As a registered vendor, an account will be established for you and you will be will be assigned a username and password for login access to your account. This username and password will allow you to manage your vendor account and you grant us a licence to use, copy, communicate, display and publish your content via Portal or for the purposes of these Star Sampark Terms & Conditions.

2.4 Once registered, these Star Sampark Terms & Conditions, together with the Terms of use of Star Sampark website , and User Generated Content Policy (Annexure I), shall govern the relationship between us.

2.5 Nothing shall prevent us from entering same or similar arrangements with anyone else or other members or vendors.

3. ELIGIBILITY FOR REGISTRATION

3.1 Registration to our Portal is available only to, and may only be used by individuals, companies or other legal persons who can form legally binding contracts under applicable law and who are registered for GST purposes with a valid GSTIN (or who are otherwise legally exempt for GST purposes). Without limiting the foregoing, registration is not available to persons under the age of 18 years. If you do not qualify, please do not attempt to register with our Portal.

3.2 You will need your username and password to access your account. You are responsible for all activity that takes place under, or by reference to, your user account, username or password. It is your responsibility to maintain the confidentiality of your password and username (and any other security information related to your account) and if you become aware of any unauthorized use using your password or account, you must notify us immediately at: vendorhelpdesk.apssc@bluestarindia.com

3.3 In the process of activating your account to become a registered vendor, you must provide personal information such as your name, address, an email address. You agree to provide accurate and complete information and to keep us updated of any changes thereto. In doing so, you must comply with the provisions of our Terms of use of Star Sampark website.

3.4 You confirm that any of your/ firm's personal/ sensitive data or information electronically shared by you with us will be obtained by us as a matter of record. Further, you consent that the Company shall use these details in such transactions which will be within the vendor - client relationship.

3.5 You hereby agree that you shall comply with the Blue Star Code of Conduct (“Code”) & Purchase Order OR Work Order Terms & Condition, You shall go through the Code & Purchase Order OR Work Order Terms & Condition and acquaint yourselves of your obligations specified thereunder from time to time, and provide an annual declaration of compliance with the Code in the form provided therein. Any non-compliance will be dealt in the manner stated in the above Code.

4. MISCONDUCT

4.1 We may suspend access to your account on the Portal immediately, at any time without giving you notice, if we believe there are security concerns related to your account in the Portal.

5. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

5.1 Save as required by law, you shall keep in strict confidence and shall not disclose any confidential information relating to us which you obtain during or arising out of these Star Sampark Terms & Conditions or use of the Portal, to anyone (except to its advisors or employees).

5.2 We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our Portal, (including, without limitation, the look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). All of our intellectual property shall remain vested in us and nothing herein shall grant you or anyone else any right, title or interest in same.

5.3 You recognise that we have access to all vendor account administration areas and we retain the right to use information contained therein for our business purposes.

6. TERMINATION

6.1 These Star Sampark Terms & Conditions may be terminated by us, wholly or partly, in our absolute discretion, at any time. Such termination will have the effect of immediately discontinuing your rights, benefits, access and exposure in relation to the Portal and your account.

6.2 Registration is a privilege, not an entitlement, and we may change our Portal and suspend, terminate or restrict your registration at any time if we believe there has been a breach of these Star Sampark Terms & Conditions (or any documents referenced therein). In the event that we change our Portal, suspend, terminate or restrict your registration in the circumstances outlined herein, you may not be able to access our Portal temporarily or permanently and you are prohibited from applying for a new account.

7. LIABILITY AND DISCLAIMERS

7.1 We do not warrant that any of the functionality of Portal, or your ability to access to your account, will be uninterrupted or error free. While we do take reasonable measure to protect your account from computer viruses or other defects, it remains your responsibility to protect your vendor account, software and systems by installing and implementing your own security and system checks such as using up-to-date anti-virus, firewall and anti-spyware software.

7.2 You shall indemnify us, our directors, employees and officers from all actions, claims, suits, demands, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to:

• a) use of the Portal;
• b) availability, performance and reliability of your vendor account;
• c) breach of these Star Sampark Terms & Conditions.

8. NATURE OF RELATIONSHIP

8.1 Nothing herein is intended to, or shall operate to, create a partnership, agency or joint venture between you and us.

9. GENERAL

9.1 We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, war or national emergency, acts of terrorism, fire, explosion or flood.

9.2 We reserve the right to amend these Star Sampark Terms & Conditions at any time. Notice of changes to these Star Sampark Terms & Conditions will be communicated to you in advance and following such changes you may be asked to confirm your acceptance. All changes will be effective immediately upon their implementation. You agree that accessing or using the Portal without any objection following such communication, constitute your acceptance of the revised terms.

9.3 Any failure by us to exercise or enforce any one or more of our rights under these Star Sampark Terms & Conditions will not constitute a waiver of such rights unless such waiver is granted by us in writing.

9.4 These Star Sampark Terms & Conditions and any dispute or claim arising out of it shall be governed by and construed in accordance with laws of India and parties submit to the exclusive jurisdiction of Mumbai, India.

9.5 You shall be complied in all respects with the requirement of all the statutory laws, including but not limited to labour, health, safety, and environment, applicable to you.

Annexure I
User Generated Content Policy

GENERAL

This policy (“Policy”) sets out the terms for use of content or materials generated or uploaded by you on our Portal. Any submission of content, materials, products, services, advertising material or description (“Content”) by you on the Portal means that you accept and agree to abide by all the terms and conditions of this Policy.
The Policy supplements our Terms of use of Star Sampark website , and our Star Sampark Terms and Conditions

RESPONSIBILITIES

You are solely responsible for the posting, accuracy and use of the information or submissions made whether by you, or anyone else) and you do so at your own risk and we take no responsibility and assume no liability for same. By submitting, you expressly agree not to post, upload to, or advertise any of the following:

• any content or information that breaches any applicable local, national or international law or regulation.
  
• any content or information that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  
• any content or information intended to harm someone in any way or that is libellous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  
• any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  
• any content or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  
• any content or information that may infringe the intellectual property rights of any third party.
  

CONTENT STANDARDS

These Content Standards apply to information and submissions, submitted by a vendor . We will determine, in our discretion, whether a information or submission breaches these Content Standards. The information or submission, must not:

• Relate to sales of items that encourage, promote, facilitate or instruct others to engage in illegal activity.
• Infringe any law or intellectual property right of any other person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be likely to harass, upset, embarrass, alarm, or annoy any other person.
• Advocate, promote or incite any third party to commit, or assist in any unlawful or criminal act.
• Be defamatory, obscene, offensive, hateful or inflammatory or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Contains the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual, without the individual’s consent.
• Contain computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of our site or any other computer software, hardware or other electronic equipment.

BREACH OF THIS POLICY

When we consider that a breach of this Policy has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with this Policy constitutes a material breach of the terms of use on which you are permitted to use our Portal, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Portal.
• Immediate, temporary or permanent removal of any information or submission already uploaded on the Portal.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THIS POLICY

We may revise this Policy at any time. You are expected to check this Policy from time to time to take notice of any changes we make, as they are legally binding on you.