Tyke Consumer Products Private Limited (“we”, “us”, “our” or “Company”) owns the websites Starki.co.in and Starki.in (“Platform”). The Company owns and operates the services provided through the Platform.

By clicking the “I accept” and “I understand” button or using any of the services you (“you”, “your” or “User”) represent that (1) you have read, understand, and agree to be bound by these terms and conditions (“Terms and Conditions”), (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into these Terms and Conditions personally or on behalf of any other person, and to bind that person to the Terms and Conditions. If you do not agree with these Terms and Conditions or do not have the authority to agree to them you must not use the services.

For the purpose of these Terms and Conditions, wherever the context so requires you shall mean any natural or legal person who has agreed to access the Platform by providing Personal Data (as defined in the Privacy Policy) while availing our services. The Company allows the User to surf through Platform without registering on the Platform.

The Company reserves the right to change the Terms and Conditions and notices under which the services are offered through the Platform, including but not limited to the charges for the services provided through the Platform. The User shall be responsible for regularly reviewing these Terms and Conditions.

ELIGIBILITY

You must be competent to enter into a contract under the Indian Contract Act, 1872 to use the Services, or visit or use the Platform in any manner.

You must be 18 years of age or older to use the services, or visit or use the Platform in any manner. By visiting and using the Platform or accepting this Terms and Conditions, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by this Terms and Conditions.

If you are a minor i.e. under the age of 18 years and wishes to use the Platform it should be in presence or knowledge of a legal guardian. On breach of any provisions of the Indian Contract Act, 1872, The Company reserves the right to block you from accessing the services provided by the Company.

The Platform is a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Platform to purchase products.

The User also understands that the services may include certain communications from the Company as service announcements and notifications. The User understands and agrees that the services are provided on an “as is” basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.

Furthermore, the User grants the Company the right to disclose to third parties Personal Data to the extent necessary for the purpose of carrying out the services.

COMMUNICATIONS

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from our representatives periodically and as and when required. We may communicate with you by email or by such other mode of communication as may be determined by the Company. When you send an email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

PRIVACY POLICY

Please read our Privacy Policy with respect to the use of the Platform and services carefully before using the Platform.  The Company reserves the right to modify/amend/change the Privacy Policy without providing any prior notice.

ROLES AND RESPONSIBILITY OF CUSTOMER/ USER

You affirm and agree and not to sell, trade or resell or exploit for any commercial purposes, any portion of the service provided by the Company. For the removal of doubt, it is clarified that the Platform is not for commercial use but is specifically meant for personal use only.

You, further agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.

No User shall be permitted to perform any of the following prohibited activities while availing our Services:

  • Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
  • Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • Interfering with any other person’s use or enjoyment of the Platform;
  • Impersonate any person or entity;
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights held by us or other proprietary rights of anyone else;
  • Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Platform, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
  • Access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted;
  • Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform/, violate any requirements, procedures, policies or regulations of networks connected to the Platform or engage in any activity prohibited by these Terms;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  • Interfere with, or inhibit any User from using and enjoying access to the Platform or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform;
  • Post any comments/ review which are offensive in nature or hurts the sentiments of any community, religion, race, caste or are contrary to any law for the time being in force.
  • Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform;
  • Shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal send to us on or through the Platform or any services offered on or through this Platform.
  • Violate any of the terms specified under the Terms for the use of the Platform.

The Company reserves the right to block the User, in case of an event arises where you are found indulging in any of the prohibited services while availing the services offered by the Platform.

You hereby grant us the authorization to use the information provided by you in accordance with the Privacy Policy of the Platform.

You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

NO LIABILITY FROM THE USE OF ARTIFICIAL INTELLIGENCE

The Platform provides the option of taking part in self-assessment tests (hereinafter referred as “tests” to assess User’s oral health. These tests are generic. Do note that a minor is advised to undertake any test in the presence of the guardian. The result of the test, feedback and any advice is not to be taken as a substitute for medical advice by a certified practitioner. There is no limit to the number of tests that can be taken by a User.

Do note that the Company is not liable for any loss that has incurred as a result, directly or indirectly from the use of the self-assessment test as the tests are NOT diagnostic tools.

PAYMENT

You would be making payment for any purchase through Razorpay. Please refer to their policies and terms for further details.

Separately, please also refer to the shipping and returns policy for further details.

In case of any dispute arising between you and the payment gateway, please send an email with the relevant account details to help@starki.co.in, and we may, at its sole discretion, endeavour to assist you in resolving the dispute within a period of 7 (seven) working days from the date of the transaction. However, do note that the Company is not liable in any manner whatsoever for any issue that arises between you and the Payment Gateway and the Company reserves the right but has no obligation, to become involved in any way with these disputes. 

REFUND POLICY

Refunds would be applied as per the Cancellation and Refunds Policy of the Company. Please refer to the same for further details.

FORCE MAJEURE

The Platform is not liable for failure to perform any of its obligations if such failure is as a result of act of God (including fire, flood, earthquake, storm, hurricane, pandemic or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, epidemic, pandemic, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

INTELLECTUAL PROPERTY RIGHTS

All right, title and interest in usage of the terms “Tyke Consumer Products Private Limited”, “Starki.co.in”, “Starki.in” including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us. Use of the Platform and the services offered on or through the Platform, are only for your personal, non-commercial use. Under no circumstances may you change or delete any copyright, trademark, or other proprietary notices. Any modification of the materials on the Platform or use of them for any other purpose will violate our intellectual property rights.

The Platform and all of its content are copyrighted materials, protected by Indian and international copyright laws. All content contained on the Platform are the exclusive intellectual property of their respective owners, licensors and/or the Company. Any attempt to make copies in any National, Regional and / or International language for any other uses by any party, any attempt to publish the same elsewhere or disseminate the same by any person or any organisation without the specific and written permission of the copyright holder will amount to a violation under Indian copyright laws and legal proceedings against the person(s) will be initiated in the Indian courts of law. Therefore, the content may not be used for any purpose other than browsing and using the services and information provided for your own private use. Your use of the Platform does not grant you ownership of any content, code, data or materials you may access on or through the Platform.

The Website may from time to time contain information relating to various dental or medical conditions, diagnosis and/or treatments. This is provided for information purposes only and should not in any way be construed as advice. You should consult your own dental or other medical professional if you require any advice in relation to any dental or medical condition, diagnosis or treatment.

Additionally, the names and logos of the Company are trademarks and/or service marks of Tyke Consumer Products Private Limited. The Company’s trademarks and service marks may not be used by any other party without the Company’s express written permission.

By accepting the use of terms hereunder you agree that the Company does not transfer/assign the title to the Platform to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by the Company, we retain the full and complete right, title and interest to the Platform , and all intellectual property, title and interest to the Platform, and all intellectual rights therein.

DISPUTE RESOLUTION AND GOVERNING LAW

We will not be obliged to participate in any way in any dispute between you and any party other than us regarding the services availed through the Platform. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.

As a User, you can raise the dispute with our Grievance Officer who will coordinate and will strive to find an amicable solution for resolving the dispute. In order to raise the Grievance Officer, You are required to reach out to the Grievance Officer on the below details:

The outcome of the dispute will be informed to you as early as possible. Ideally it can take about 7 (seven) business days to resolve a dispute.

The Platform is intended for use by Users located in India. We in no way imply that the materials on our Platform are appropriate or available for use outside of India. If you use our Platform from locations outside of India, you are responsible for compliance with any applicable local laws. The Terms and Conditions shall be governed by the laws of India without regard to its conflict of law principles.

The User agrees to submit to the personal and exclusive jurisdiction of the courts of Rajasthan, India for the purpose of litigating all such claims or disputes.

 SEVERABILITY

If any covenant, obligation, agreement, term or condition of these Terms and Conditions or the Platform thereof to any person or circumstances shall, to any extent, be invalid or unenforceable the remainder of these Terms and Conditions, or the application of such covenant, obligation, agreement, term or condition to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each covenant, obligation, agreement, term and condition of these Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law and the invalid or unenforceable covenant, obligation, agreement, term or condition (as the case may be) shall be modified so as to be enforced to the fullest extent permitted at law.

CHANGES TO THE TERMS

The Company reserves for any reason and at any time, in its sole discretion, the right to modify, terminate, change, amend, or suspend an account or any of the services and the Terms and Conditions. The Company may impose limits on all or certain features of the services or restrict your access to part or all of the services or the account without notice or liability.

 The modified Terms and Conditions will be uploaded on the Platform and shall be enforceable from the time of its upload on the Platform.

Your access to the Platform, an account and/or the services is completely at the discretion of the Company, and the Company reserves the right to block, suspend or terminate your access to the Platform, any account and/or the services at any time for any reason including (i) non-compliance with these Terms and Conditions (ii) actions that may lead to liability for the Company or its staff, consultants and associated persons and organizations including affiliates, suppliers or service providers, (iii) disruption of access to other Users, and/or (iv) violation of applicable laws or regulations. 

You agree that we may without prior consent delete your data including Personal Data (as defined in our Privacy Policy), data, text, files, images and all other materials and that we may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).

You agree that we shall not be liable for any loss or damages to you or any third party resulting from the deletion or loss of such information or resulting in any way and that you will keep us fully and effectively indemnified against all losses, liabilities, damages and costs (including legal costs on a full indemnity basis) suffered by us in connection with or arising from any changes to the services, any deletion or loss of your information, , any of the website content, or any products or services.

 FEEDBACK

Any comments, suggestions, proposals or other feedback provided to us in connection with the operation or content of this Platform shall be provided by the submitter and received by us on a non-confidential basis. You represent and warrant that you have all rights necessary to submit the comments, suggestions, proposals or other feedback. All such comments, suggestions, and other information shall become our exclusive property. By submitting any such information to us, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that we shall be free to use such information on an unrestricted basis.

 LIMITATION OF LIABILITY

The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. The Companymakes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Platform.

Although the Company makes reasonable commercial efforts to ensure that the description and content in the Terms and Conditions and on the Platform is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, the Company is not the manufacturer of the products sold on the Platform and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the manufacturer.

In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of services or resulting from any information or products purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. Neither shall the Company nor our directors, officers, employees, agents or other representatives be responsible for the delay or inability to use the Platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.

The Company and its licensors, suppliers, or vendors, and their respective officers, directors, employees, agents, or other representatives shall not be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not the Company has been advised of the possibility of damage, arising out of or in connection with the use or performance of the Platform or of failure to provide products or services that you order from the Company or its affiliates, including without limitation, damages arising from error, omission, virus, delay, or interruption of service.

INDEMNIFICATION

You agree that you shall indemnify, defend and hold harmless the Company and all parties from whom the Company has licensed portions of content on the Platform, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to: (i) your breach of these Terms and Conditions; (ii) your use of, or inability to use, the Platform or the services; (iii) any action taken by the Company as part of its investigation of a suspected violation of these Terms and Conditions; (iv) your violation of any third party intellectual property or other rights in relation to your use of the Platform or the services; or (v) any suit, claim, or demand arising from or relating to your content.

The Company reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to the defence, indemnification and hold harmless obligations by you hereunder and you shall not in any event settle any matter without the prior written consent of the Company. You agree that the provisions in this section will survive any termination of your account, these Terms and Conditions or your access to the Platform and/or services.

DISCLAIMER

The Platform and the services are provided on an “as is” and “as available” basis without representation, warranty, or guarantee of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, or non-infringement to the maximum possible extent exclusion of such representation, warranty or guarantee is permitted under applicable law.  All such warranties, conditions and promises (other than any specific guarantee if any provided) are excluded to the full extent permitted by law and without limitation to the foregoing:

The Company does not guarantee, represent, or warrant that your use of the Platform and/or services will be uninterrupted or error-free, and you agree that from time to time the Company may take down or remove the Platform and/or services or any functionality thereof, for indefinite periods of time, or cancel the services at any time, without notice to you; and

The Company does not guarantee, represent or warrant that the Platform and/or services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto.

NO AGENCY

No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Terms and Services, the provision of the account, or the provision of any of the products or services.

NO WAIVER

Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights. No waiver or acquiescence by us related to any breach of these Terms and Conditions is valid except if given in writing.  Any such waiver or acquiescence shall not constitute a consent to or waiver of or excuse for any other different or subsequent breach or act unless such waiver or consent is in writing signed by us 

REMEDIES

No remedy conferred upon or reserved in our favour under these Terms and Conditions will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Terms and Conditions or existing at law or in equity.

If we become aware of any possible violations by you of the Terms and Conditions, we reserve the right to investigate such violations.  If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform and the services, and any content, in the Company’s possession in connection with your use of the Platform and the services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms and Conditions, (3) respond to any claims that your content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate. 

NOTICES

All notices shall be in writing and in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email to the following address at: feedback@starki.co.in.

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

Legal notices from the Company will be served or to the email address you have provided while availing services or communicating with us. Notice will be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you while availing services or communicating with us. In such case, notice will be deemed given 3 (three) days after the date of mailing.

CONTACTING US

To contact us about these Terms and Conditions, about our services, you may write to us to the notice details provided above or through email or phone.