Collection: Terms & Condition
Welcome to the New Kamath Tobacco Company Pvt Ltd website www.starwalker.co. The following Terms
and Conditions shall apply to the use of the website. By accessing or using the website, you are required to
understand and agree to the Terms and Conditions mentioned below and agree to abide by them.
CHANGES TO THESE TERMS AND CONDITIONS
CHANGES TO THESE TERMS AND CONDITIONS
New Kamath Tobacco Company Pvt Ltd reserves the right to change, alter, amend, add, or cancel the Terms
and Conditions from time to time and at any time without prior notice and without assigning any reasons
thereof. In the event of such changes, the latest Terms & Conditions will be updated on our Site
immediately
AGE REQUIREMENT FOR USE OF SITE
AGE REQUIREMENT FOR USE OF SITE
To access the Site, you must be of legal purchase age or older in the jurisdiction of your residence with
access to the sale and consumption of Hookah Tobacco. Persons under such legal purchase age or who
reside in a jurisdiction where the sale and consumption of Hookah Tobacco is not permitted should not
access the Site in any manner.
SERVICES AVAILABLE ON THE SITE
SERVICES AVAILABLE ON THE SITE
On the Site, you will be able to read or view information about our products and services, provide your
reviews, upload your own photographs or other content, identify third parties in your reviews,
photographs, or other content, enter contests, participate in discussions with other users, post comments,
share Site content, etc.
Users are solely responsible for any information or materials submitted by them through the Site,
including names, personal information, photographs, videos, and other information or data of any kind
and in any format along with other content posted by users on and through the Site (“User Information”).
By submitting User Information to the Site, you represent and warrant that the User Information is original
to you and that no other party has any rights to it or that you have obtained all required consents and
permissions to enable you to submit the User Information to the Site. Visitors agree that the User
Information will not include content that infringes upon the rights of any third party including, without
limitation, intellectual property rights, privacy, publicity, or other personal or proprietary right; content that
is deceptive or fraudulent; content which promotes the excessive or irresponsible consumption of Hookah
Tobacco; content that is or could reasonably be considered to be hateful, defamatory, discriminatory,
obscene, abusive, threatening, offensive, or pornographic or that incites violence or contains nudity or
graphic or gratuitous violence or depicts any illegal activity; or content that references ammunition and/or
firearms or the sale of tobacco products. Visitors fully indemnify us for breach of these warranties and
guarantees.
We reserve the right to delay the publication of User Information to the Site at all times for the purposes of
our approval processes. We further reserve the right to remove any User Information or any other content
from the Site at any time for any reason.
By submitting or sending User Information to the Site, you grant us a royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in
whole or part) worldwide and/or to incorporate it into other works in any form, media, or technology now
known or later developed. You also warrant that any “moral rights” in posted materials have been
irrevocably waived in favor of us.
Users should be aware that when they voluntarily disclose personal information on or through the Site
(e.g., comments, Testimonials), such information is generally accessible by and may be collected and used
by others and may result in unsolicited messages from others. Visitors to and users of the Site are
encouraged to exercise caution when providing personal information.
To the extent permitted by law, we shall have no liability for any loss or damage suffered by you as a result
of the use or disclosure of User Information. This paragraph does not affect any rights you may have under
data privacy laws that protect your personal information.
SOCIAL MEDIA CHANNELS AND OTHER LINKS FROM AND TO THE SITE
SOCIAL MEDIA CHANNELS AND OTHER LINKS FROM AND TO THE SITE
The Site includes links to social media channels including, without limitation, Facebook, Twitter, YouTube,
and Instagram. As part of the Services available on the site and your use generally of the Site, you may
follow a link to Social Media Channels from the Site, you may share the Site link or contents on Social
Media Channels, you may upload to the Site photographs or other content that are already stored on
Social Media Channels (provided such photographs and/or content are owned by you), you may identify
third parties on the Site by reference to their identities on Social Media Channels (provided the consent of
those third parties has been obtained by you), or you may interact between the Site and Social Media
Channels in any other permitted way. In these circumstances, you agree to comply with the Terms and
Conditions and the terms and conditions of the Social Media Channels used. Please note that use of the
Social Media Channels is governed by separate terms and conditions and privacy policies which can be
found on the websites of the Social Media Channels accessed.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information
provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not
constitute an endorsement by or association with www.starwalker.co of such sites or the content, products,
advertising, or other materials presented on such sites. We do not author, edit, or monitor these Linked
Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods, or services available on such Linked Sites.
PROPRIETARY RIGHTS
PROPRIETARY RIGHTS
As between you and New Kamath Tobacco Company Pvt Ltd, we are the owner and authorized user of any
trademark and service mark appearing on the Site, and are the copyright owner or licensee of the content
and/or information on the Site unless otherwise indicated. Except as otherwise provided herein, use of the
Site does not grant you a license to any content, features, or materials you may access on the Site. Any
commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in
advance in writing. You may not download or save a copy of any of the content or screens for any purpose
except as otherwise provided in these Terms and Conditions or as permitted on the Site. You may, however,
print one (1) copy of the information on the Site solely for your personal use or records. If you make other
use of the Site, except as otherwise provided above, you may violate copyright and other laws of India or
other countries or territories and may be subject to liability for such unauthorized use.
We do not grant any license or other authorization to any user of our trademarks, service marks, other
copyrightable material, or any other intellectual property, by including them on the Site. You also agree
and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques, or other similar
materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
INTERNET ACCESS
INTERNET ACCESS
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own
access to the World Wide Web and pay any service fees associated with such access. We shall not be
responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of
the Site.
USER INFORMATION AND PRIVACY POLICY
USER INFORMATION AND PRIVACY POLICY
You authorize New Kamath Tobacco Company Pvt Ltd to gather information regarding your location and
any other physical attributes that can be obtained from your mobile phone or computer, for the purpose of
offering relevant products and services to you. By using the Site, you agree to be bound by the Privacy
Policy and you acknowledge and agree that you are solely responsible for the accuracy, content, and
updating of your User Information.
NO CONFIDENTIALITY
NO CONFIDENTIALITY
You agree that by using this Site, any communications or information transmitted by you to or through the
Site will not be treated as confidential or secret.
You agree that, while using the Site, you shall not upload any materials that: (a) are protected by copyright,
or other proprietary or intellectual property rights, or derivative works with respect thereto, except as
provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful,
threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent,
contain explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual
language of a violent or threatening nature directed at another individual or group of individuals),
invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the
Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil
liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading
indications of origin or statements of fact.
You also agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or
entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or
other material obtained through the Site for commercial purposes (other than as expressly permitted by
the provider of such information or other material); (c) engage in spamming or flooding, Except as
otherwise expressly permitted herein, you may not upload in any way any component of the Site itself or
derivative works with respect thereto, as the Site is copyrighted as a collective work under copyright laws.
You agree to defend, indemnify and hold New Kamath Tobacco Company Pvt Ltd, its directors, officers,
employees, agents, and affiliates harmless from any and all claims, liabilities, costs, and expenses,
including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site
or the placement or transmission of any message, information, software, or other materials or through the
Site by you.
DISCLAIMER OF WARRANTIES
DISCLAIMER OF WARRANTIES
The site, including, without limitation, all content and materials, is provided “As is,” without limitation, any
warranty for information, data, or uninterrupted access, any warranties concerning the availability,
accuracy, usefulness, or content of information, and any warranties of title, non-infringement,
merchantability, or fitness for a particular purpose. New Kamath Tobacco Company Pvt Ltd. does not
warrant that the site or features or content contained therein will be timely, secure, uninterrupted, or errorfree, or that defects will be corrected. New Kamath Tobacco Company Pvt Ltd makes no warranty that the site will meet users’ requirements. No advice, results, or information, whether oral or written, obtained by
you from New Kamath Tobacco Company Pvt Ltd or through the site shall create any warranty not expressly
made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
To the extent permissible under law, in no event shall New Kamath Tobacco Company Pvt Ltd or any of its
directors, officers, employees, agents, affiliates, content, service providers, or technology partners be liable
for any indirect, special, incidental, consequential, exemplary, or punitive loss or damages arising from or
directly or indirectly related to the use of, or the inability to use, the site or the content, materials, or
functions related thereto including, without limitation, loss of income or revenue, loss of anticipated
profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, or the loss of business, even if
New Kamath Tobacco Company Pvt Ltd or such individual has been advised of the possibility of such loss
or damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential loss or damages so some of the above limitations may not apply to certain users. In no
event shall New Kamath Tobacco Company Pvt Ltd be liable for or in connection with any content posted,
transmitted, exchanged, or received by or on behalf of any user or other persons on or through the site. In
no event shall the total liability of New Kamath Tobacco Company Pvt Ltd to you for all damages, losses,
and causes of action (whether in contract, delict, or tort, including, but not limited to, negligence or
otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the
amount if any, paid by you to New Kamath Tobacco Company Pvt Ltd for your use of the site. If you are
dissatisfied with the site, your sole remedy is to discontinue using the site.
GOVERNING LAW
GOVERNING LAW
We operate the Site from our Corporate Office in Mumbai, India. In all matters relating to the Site and
these Terms and Conditions, the applicable law shall be the law of Indian Penal Courts. We do not
represent that materials on the Site are appropriate or available for use in other locations. Persons who
choose to access this Site from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. All disputes in connection with
the Site shall be governed and construed in accordance with Indian Laws and are subject to the exclusive
jurisdiction of Mumbai.
MODIFICATIONS TO THE SITE
MODIFICATIONS TO THE SITE
We reserve the right to change, update, suspend, or discontinue any aspect of the Site, including but not
limited to content or features. We may also impose limits on certain features of the Site or restrict your
access to all or part of the Site without notice or penalty.
We respect the intellectual property rights of others and require that those who use the Site do the same. If
you believe that your work has been copied in a way that constitutes copyright infringement, please send
the following information in writing to care@newkamath.com: Your name, contact number, and email
address; A description of the copyrighted work that you claim has been infringed; A description of where
the alleged infringing material is located on the Site; A statement by you that you have a good faith belief
that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
QUESTIONS
QUESTIONS
If you have questions about these Terms and Conditions, please contact us at care@newkamath.com.