1. USE OF WEBSITE
This website, www.essshoes.com and www.eaststarshoes.com is owned by EAST STAR SPORTS (hereinafter referred to as “ESS”) and is operated for your personal use and information. The use of this website is subject to the following terms. By accessing and browsing this website, you unconditionally accept, without limitation or qualification, these terms. This website is directed for use only by adults. You represent that you possess the legal right and ability to create binding obligations. ESS reserves the right to refuse service, or cancel orders in its sole discretion.
3. PRODUCT INFORMATION
ESS has made every effort to ensure that the products are fairly described, that the product information is correct, and that the colours and get up of our products are displayed as accurately as possible. However, as the actual colours or get up you see will vary with the quality of your monitor or because of picture quality or for any other reason, we cannot guarantee that your display will accurately reflect the colour or get up or any other description of the product requested on delivery. ESS does not represent and warrant that product descriptions, photograph, get up or other description of the product or the content of this site are accurate, complete or error-free.
If, on receiving ordered goods, you have any cause for dissatisfaction about the description of the product; your sole remedy is to return the product in unused condition and without any damage of whatsoever nature, along with the invoice.
We may establish general practices and limits concerning the use of the website and the services we provide, including limits to the size and number of any messages and contents that have been sent, or the duration that any messages and contents may be stored on our website. We are entitled to amend or delete any material from our website at any time, and we will not be liable for amending or deleting or not storing any material or contents that you may transmit to us.
4. LIMITATION OF LIABILITY
ESS shall not be liable for any damage, either direct or indirect, incidental or consequential, for use of or inability to use material, products or services of any kind that is offered or to provide indemnity or any other remedy to you or any third party. ESS make every effort to ensure that this website is free from defects or viruses. It is your responsibility to ensure that you use the correct equipment when using the website, and to protect from anything that may damage it and ESS shall not be liable for any damage, either direct or indirect, incidental or consequential, by use of this website to you or your computer or any equipment’s, software’ used by you.
5. EXCLUSION OF WARRANTIES
ESS does not warrant or represent that this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free from bugs, viruses, worms, trojan horses or other harmful components. Information on this website is provided to you “as is”, “with all faults” and without warranties of any kind whether express or implied.
6. COPYRIGHTS AND TRADEMARKS
Materials on this website, including texts, images, illustrations, software, audio clips and video clips, are owned and or provided by ESS. The material on this website is protected by the Copyright Act (or the equivalent thereof) and by virtue of the applicable Intellectual Property Laws and international treaties. Consequently, the material on this website should not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, directly or indirectly, including but not limited to text, audio or video, text, photographs, images, designs, get up etc. The trade marks/trade name ESS, logos and service marks ESS (collectively, “Marks”) displayed on this website are the registered or unregistered Marks of ESS, the other marks on the web site and logos and service marks are the property of their respective owners and should not be used in any manner, directly or indirectly. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act (or the equivalent thereof).
7. ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ESS may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, ESS makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if ESS ever decides to do it.
10. HARMFUL INFORMATION / MATERIAL
You agree not to introduce into or through this website any information or materials which may be harmful to others. You agree not to include, knowingly or otherwise, any error or defect in material or information which may, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Links and references to other websites are provided to you as a convenience only. ESS has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by ESS.
ESS does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
12. RESERVE OF RIGHTS
All rights not expressly granted in these terms are reserved to ESS. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of ESS or any other person or to you.
13. DISPUTE RESOLUTIONS BY ARBITRATION:
Any dispute, or claim between us arising out of any use of this website, including the applicability or scope of this arbitration clause shall be referred to and finally resolved by a Sole Arbitrator appointed by ESS, to the exclusion of courts of law, in accordance with the Indian Arbitration Act, 1996. However, before you submit a claim for arbitration, you must first contact customer service representative at ESS and give him an opportunity to resolve the dispute. Similarly, before ESS takes a dispute to arbitration, it must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you may inform ESS to appoint Arbitrator to resolve the dispute and ESS shall within 15 days from the receipt of such intimation shall appoint the Sole Arbitrator to resolve the dispute. The venue of the Arbitration shall be at Agra and the language of the Arbitration shall be English and the applicable Law shall be the Laws of India.
Any award rendered pursuant to the arbitration shall be final and binding on both parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
Notwithstanding the provisions in this Clause, ESS shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information etc.
14. GOVERNING LAW
This site is controlled and operated by ESS from Agra, India and these terms, and any transaction conducted on or from it shall be governed by the applicable Indian laws without reference to principles of conflict of laws. Products sold or delivered abroad through this website shall be subject to export control laws and regulations of India.
When you leave our site, we terminate our interaction with the cookie. The cookie stays on your computer and you can delete it any time you like. However, in that case you have to login again and re-enter your preferences, if any.
16. NO WAIVER
The failure of ESS to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of ESS to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
17. CHANGES TO TERMS / SEVERABILITY
ESS may modify, update or otherwise change the terms applicable to this website from time to time. Following the posting of such change, your continued use of this site will constitute your acceptance of the terms, as modified. If any one of these terms shall be deemed invalid, void, or for any reason unenforceable, such terms shall be deemed severable and shall not affect the validity and enforceability of remaining terms.
18. ENTIRE AGREEMENT
These terms or conditions incorporated or referred to herein constitute the entire agreement amongst us with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understanding or agreement (whether electronic, oral or written).
ESS reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.