Terms and Conditions

These terms & conditions (“Terms and Conditions”) govern your use of the PINKSTA App / Website and the services / products/ cashback provided by it. (1) By accessing, viewing, or using this App/Website of PINKSTA and the App/Websites as mentioned in Annexure A below, the applications in relation thereto, including any online information or service, online ordering, call center service or (2) by installation of the mobile application software provided by PINKSTA ( App/Website ), you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions.

Subject to Applicable Law, PINKSTA may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions. PINKSTA recommends that you carefully read the Terms and Conditions each time you use/visit the App/Website as the Terms & Conditions may affect your rights.

If you do not agree with the Terms & Conditions of Use, do not use the App/Website for its intended usage.

Privacy Policy

PINKSTA’s Privacy Policy forms part of the Terms & Conditions and can be found on the below mentioned links:
http://www.PinkStarApp.com/termsandconditions

App/Website

These Terms & Conditions apply to all users of the App/Website. The App/Website may include content, information or links to third parties or third party App/Websites. PINKSTA does not regularly review materials posted, or products or services offered, on the App/Website by such third parties and does not necessarily endorse all of the materials, products, and services available on such third party App/Websites. By accepting these Terms & Conditions you agree to hold harmless and relieve PINKSTA and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party App/Website and any you agree and acknowledge that viewing and usage of the contents of any such third party App/Website is solely made at your own risk.

PINKSTA recommends that before you disclose any personal information to a third party, you should first read and accept the third party's privacy policy and terms and conditions of use (if applicable) of their App/Website.

Access to App/Website

PINKSTA hereby provides its conditional permission for you to access the App/Website in accordance with these Terms and Conditions provided that you use the App/Website on your continued and absolute compliance with these Terms and Conditions. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the App/Website to any third-party. You may only use this App/Website solely for (1) your personal, non-commercial use, (2) you may download a single copy of the materials from the App/Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the App/Website or online ordering, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers", place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, PINKSTA grants the operators of public search engines permission to use spiders to copy materials from the App/Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PINKSTA reserves the right to revoke these exceptions either generally or in specific cases at any time.

You agree not to collect or harvest any personally identifiable information from the App/Website or use the communication systems provided by the App/Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the App/Website with respect to their Submissions to the App/Website.

Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this App/Website without the prior written permission of the material's owner.

Intellectual Property Rights

The App/Website contains many valuable intellectual property including but not limited to trademarks and copyrights used by PINKSTA and its associates, affiliates and related entities throughout the world. These trademarks are used to distinguish PINKSTA’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of PINKSTA.

The text, graphics and App/Website’s html code (including flash files, java script etc.) contained in the App/Website are the exclusive property of PINKSTA, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of PINKSTA.

The App/Website may link to Pages/Services/Links/Offers/App/Websites not maintained by or related to PINKSTA. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this App/Website or PINKSTA. PINKSTA has not reviewed the App/Websites hyper-linked to or from this App/Website and is not responsible for the content of any other App/Website. These links are to be accessed at the user's own risk and in accordance with the App/Website’s usage policy. PINKSTA makes no representations or warranties about the content, completeness, or accuracy of these links or the App/Websites hyper-linked to the App/Website. Furthermore, PINKSTA does not implicitly endorse third-party App/Websites hyper-linked to the App/Website.

The intellectual property on the App/Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law ("Content") and the trademarks, service marks and logos contained therein ("Trademarks"), are owned by/licensed to PINKSTA, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the App/Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PINKSTA or the respective owners, as the case may be. PINKSTA reserves all rights not expressly granted in and to the App/Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the App/Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the App/Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the App/Website or the Content therein. The contents of the App/Website are Copyright by owners of PINKSTA. All rights reserved.

Communications

You consent to receive communications from us by e-mail, App notification, SMS or any other communication made electronically, verbally or physically through post. You agree that all agreements, notices, disclosures and other communications that PINKSTA provides to you by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.

Your Account

If you use the App/Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer / mobile phone / tablet etc, and you agree to accept responsibility for all activities that occur under your account or password. PINKSTA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Products , Pricing and Offers

All products listed on the App/Website their descriptions, their prices and offers are each subject to change. PINKSTA reserves the right, at any time, to modify, suspend, or discontinue the offer/sale of any product or services with or without notice. You agree that PINKSTA will not be liable to you or to any third party for any modification, suspension, or discontinuance of any product or services. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or information on such product or services received from PINKSTA’s suppliers, PINKSTA shall have the right, prior to the acceptance of any order, to decline or cancel any such orders, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have been already been charged for the order and PINKSTA cancels your order, PINKSTA for any reason whatsoever, PINKSTA will issue a credit to your credit/debit card or bank account in the amount of the charge.

Orders & Acceptance of Orders

When you make an order, you are making an offer to purchase or get ( for a price or free ), and such offer is subject to acceptance of PINKSTA. Your receipt of an order confirmation from PINKSTA does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PINKSTA reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. PINKSTA may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name, email address and shipping address. Your order is not accepted until PINKSTA sends you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if PINKSTA cancels all or a part of your order, your sole and exclusive remedy is either that (a) PINKSTA will issue a credit to your credit/debit card or bank account in the amount charged for the cancelled portion (if your account card has already been charged for the order) or (b) PINKSTA will not charge your credit/debit card or bank account for the cancelled portion of the order.

For your convenience, PINKSTA accepts all major Credit Cards, Credit Cards & NetBanking. Notwithstanding anything contained herein, any and all payments made vide abovementioned options, either through payment gateway on the PINKSTA App/Website or through PINKSTA mobile application, are subject to specific terms and conditions of such third party payment gateways.

Online Customer can place order on App/Website anytime.Office Timings would be 10 am - 5 pm (Mon - Fri)

Order Cancellation

PINKSTA makes every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please let us know. PINKSTA is will not cancel or change orders already in process, en-route or delivered. The orders are processed immediately, and usually cannot be changed. If you are calling about an order that is scheduled to be delivered, you can raise a ticket.

Any cancellation / change in delivery instructions is solely at discretion of PINKSTA Customer support team if it has not been issued/dispatched. Any confirmation of cancellation shall be solely in written from PINKSTA Customer support team.

Note: With effect from 1 June 2016, any refund if initiated by PINKSTA in its sole discretion, in respect of cancellation of order by the customer, can only be processed in terms of Cashback stars.

Note: A refund will be processed by PINKSTA in the event PINKSTA determines that the cancellation of the order is due to PINKSTA's incapability of fulfilling the order.

Problems with an Order

PINKSTA makes every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please let us know.

Order-Related E-mails

Shortly after you place an order, you may receive an Order Confirmation notification/ e-mail which will include all the details of your order, including the order number, (required in the event you need to contact PINKSTA). To show our appreciation, you may receive a confirmation e-mail from PINKSTA when your gift has been delivered.

Payment Terms

For each product or service you order on the App/Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select, if any (“Delivery Fees”), and any applicable taxes. You will be solely responsible for payment of all taxes (other than taxes based on PINKSTA’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (“Taxes”) not withheld by PINKSTA. All payments are non-refundable (except as expressly set forth in the Terms and Conditions). Without limiting other remedies, PINKSTA reserves the right to charge a late fee on all past due payments equivalent to the lesser of 1.5% (one and half percent) per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.

Order delivery is totally subject to the payment received by PINKSTA. Unless payment is received by PINKSTA, no order will be processed.

Mode of making payment

Debit Card
Credit Card
Internet Banking (Funds transfer in PINKSTA's account)

Internet Banking :-Customer can transfer the funds to PINKSTA Account through net banking.

PINKSTA does not take the responsibility of any transaction which is processed without your consent and knowledge. The cardholder / account holder is solely and totally liable for the transactions and the amount charged on his bank account.

Shipping & Delivery Policy

Online services / cashbacks generally do not require shipping or delivery. If in case, any online service or a part has to be shipped or delivered physically, it will also be covered in this policy.

The below mentioned terms of the shipping and delivery are qualified by the Shipping Disclaimer, which forms an integral part of the Terms and Conditions. To assure timely delivery of physical products, orders must be received by PINKSTA before 1:30 pm, Monday - Friday, IST. Orders received after that time will be considered as ordered on the following day. Proof of delivery will be provided in case of any dispute in delivery. PINKSTA does not guarantee time of delivery to rural route addresses, hotels, hospitals, military bases etc. To request a specific delivery time, please type it into the Special Instructions field during checkout. PINKSTA will endeavor to accommodate your preferences. Before major holidays, PINKSTA recommends that you place your orders at least 10 ( ten ) days in advance.

PINKSTA, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. Under any circumstances, PINKSTA does not guarantee time of delivery.

Under any circumstances, PINKSTA does not guarantee time of delivery.

The orders are delivered by courier companies, it is possible that PINKSTA’s courier partners have a holiday between the day you placed your order and the date of delivery. In this case, the delivery may not be made on the estimated date.

Estimated delivery time depends on the availability of the product and the destination to which you want the order/product to be shipped.
PINKSTA may change the courier / cargo services to any place anytime at its sole discretion without any notice.

Substitution Policy

Occasionally, substitutions of products or colors are necessary due to availability issues. If this is the case with the gift/order/product you have selected, experienced staff of PINKSTA will ensure that the style of your choice is preserved and will only substitute items of equal or higher value. However PINKSTA reserves the right to substitute the product (including specified color) / other products with equal or higher value in case of non-availability of the desired product.

Return & Refund Policy

Refunds

No claim / refund / request will be entertained for the products / services/ offers which are provided free of cost.
Your purchase is final and non-refundable. Subject to the other Term and Conditions, no product or service may be returned.

Notwithstanding anything contained in the Terms and Conditions, in the event PINKSTA decides to refund to you, PINKSTA will offer only Cashback stars equivalent to the refund amount but in some case PINKSTA will refund the money back and the refund could be processed if we have account details of the customer. Refund could be processed if it is agreed upon and communicated in writing to the customer.

Online Refund is credited directly through the mode from which customer has paid the money within 24 working hours. Once processed by PINKSTA refund takes 15-20 business days to reflect in your account.

Offline Refund is credited once customer shares the bank details post which it takes 10-15 working days. Once processed by PINKSTA refund takes 15-20 business days to reflect in your account.

PINKSTA is not responsible and does not guarantee refund for cases where:

Exchanges

PINKSTA will not accept any product exchanges.

Damaged/Defective Products

If any product received by you is in a damaged/defective condition, you should report the same to PINKSTA within 48 hours of such delivery and e-mail the photographs of the same at support.pinkstar@gmail.com. PINKSTA will in its sole discretion will either deliver to you, the new product at its own cost or refund to you the amount in relation to such product or in case it is provided by a third paty, PINKSTA will forward the complaint to the third party. Subject to the Terms and Conditions, once refund is initiated by PINKSTA, it takes 15-20 business days to reflect the refund amount in your account.

Disclaimers, Limitations And Exclusions Of Liability

WHILE PINKSTA ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS & SERVICES AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE APP/WEBSITE, THERE MAY EXIST SOME INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, PINKSTA MAY MAKE MODIFICATIONS OR CHANGES TO THE APP/WEBSITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE APP/WEBSITE AT ANY TIME. PINKSTA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR PRICING ERRORS ON THE APP/WEBSITE; PINKSTA RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT/SERVICE DESCRIPTIONS, ORDERS IN WHICH PINKSTA BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT PINKSTA BELIEVES ARE HARMFUL TO PINKSTA OR ITS AFFILIATES. PINKSTA ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS APP/WEBSITE.

YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS APP/WEBSITE. PINKSTA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS APP/WEBSITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PINKSTA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. PINKSTA DOES NOT WARRANT THAT THE APP/WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE APP/WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PINKSTA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP/WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS AND CONDITION, THE SERVICE, THE APP/WEBSITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF PINKSTA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL AGGREGATE LIABILITY OF PINKSTA TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICE, THE APP/WEBSITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) INR 500 (INDIAN RUPEES FIVE HUNDRED ONLY) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN RELATION TO THE SERVICE, THE PRODUCTS OR THE USAGE OF THE APP/WEBSITE IN THE PAST 1 (ONE) MONTH HEREUNDER. YOU AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND PINKSTA RELATING TO THE PROVISION OF THE APP/WEBSITE, THE SERVICE AND THE PRODUCTS TO YOU, AND PINKSTA WOULD NOT PROVIDE THE APP/WEBSITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

PINKSTA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN RELATION TO (1) THE USE OR CONSUMPTION OF PRODUCTS/SERVICES PROCURED/MANUFACTURED BY THIRD PARTIES OR (2) THE PRODUCTS/SERVICES DELIVERED TO YOU BY ANY THIRD PARTY. PINKSTA ASSUMES NO RESPONSIBILITY FOR EXAMINING OR EVALUATING THE PRODUCTS AND SERVICES OFFERED BY THEM. PINKSTA DOES NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS. PINKSTA DOES NOT ENDORSE, IN ANY WAY, ANY THIRD PARTY PRODUCTS OR SERVICES OR APP/WEBSITE’S CONTENT THEREOF. ANY CLAIM IN RESPECT OF THE SAME SHALL BE MADE DIRECTLY WITH THE THIRD PARTY.

User Submissions

PINKSTA welcomes your comments about your experiences shopping with us and your suggestions about how to improve the App/Website. The App/Website permit the submission of written works, photos, any kind of vector, designs, caricatures, comments, ideas, suggestions, information, audio files, videos or other communications submitted by you and other users of the App/Website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to PINKSTA or the App/Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for PINKSTA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the App/Website, PINKSTA does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that PINKSTA may publish your name and submissions on the App/Website, PINKSTA managed social media, advertising, print material or in any other press releases of media items. PINKSTA may use (in whole or in part) any photos, designs, caricatures, comments, ideas, suggestions, information for any kind of publicity ( indoor , outdoor, electronic, TV, social media, social networking).

In relation to your User Submission you covenant, represent and warrant that:
You own or otherwise have the necessary licenses, rights, consents and permissions to use and authorize PINKSTA to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the App/Website and the Terms & Conditions .

In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PINKSTA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to PINKSTA or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

Your agrees and acknowledge that PINKSTA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PINKSTA expressly disclaims any and all liability in connection with User Submissions. Furthermore, PINKSTA does not permit copyright infringing activities and infringement of intellectual property rights on the App/Website, and PINKSTA is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. PINKSTA reserves the right to remove content and User Submissions without any prior notice.

PINKSTA reserves the sole and full right to terminate, without notice, without any explanation, a user's access to its App/Website.
PINKSTA may also terminate, without notice, a user's access to its App/Website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the App/Website. PINKSTA also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

Indemnity

You agree to indemnify, defend and hold harmless PINKSTA, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the App/Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by PINKSTA.

Ability to accept the Terms & Conditions

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.

Applicable Law & Jurisdiction

By accessing the App/Website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PINKSTA or its affiliates.
All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Any claim or dispute between you and PINKSTA, if not resolved through negotiations, that arises in whole or in part from accessing or using the App/Website or in relation to orders, offers, delivery, quality or any such products or services offered through the App/Website, shall be decided exclusively by a court of competent jurisdiction located in New Delhi, India only. All claims and disputes arising under the terms and conditions should be notified to PINKSTA within 10 working days from the event date after which you shall have no claim against PINKSTA.

Local Laws

PINKSTA makes no representation that the products/materials/services as mentioned on the App/Website is appropriate or available for use in other locations, and access to them from territories where any of the contents of this App/Website are illegal, is prohibited. Further, PINKSTA makes no representation that the products and services available for sale or use on the App/Website are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from the App/Website from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and Conditions, together with PINKSTA’s return policy, security and privacy, substitution policy, privacy policy, disclaimers and other rules and policies posted on the App/Website, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and PINKSTA with respect to your use of and material available through the App/Website, and they supersede all prior or contemporaneous communications and proposals between you and PINKSTA, if any, with respect to the App/Website. Any rights not expressly granted in these Terms and Conditions are reserved.

General

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law or deemed invalid, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and PINKSTA as a result of these Terms and Conditions or your use of the App/Website. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and the failure by PINKSTA to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

Important Notice to Webmasters

You shall not use or deploy the Trademarks in the html coding of any App/Website and/or hidden text to aid indexing by search services by listing selected keywords in order to display those pages when a user types into a search service.
Linking to any content/pages on the App/Website is prohibited absent express written permission from PINKSTA. Framing the PINKSTA App/Website with links, Metatags, advertisements and/or other information not originating from the PINKSTA App/Website is expressly prohibited.

Annexure A

PINKSTA App
www.pinkstarapp.com

Our Policies and Terms & Conditions (including, but not limited to Privacy Policy, Legal Disclaimer , Shipping Disclaimer, return policy, security , privacy, substitution policy, privacy policy, disclaimers and other rules ) are subject to change at any time without notice. To make sure you are aware of any changes, please review these periodically. By visiting the App/Website you agree to be bound by the policies and terms & conditions of PINKSTA. If you do not agree please do not use or access our App/Website. Any delay or failure in any communication (including, but not limited to letter, email, message on social networks, App/Website updates and sms) have no liability on PINKSTA. In any circumstance, any order of any product/service cannot be cancelled. Any claim or dispute between you and PINKSTA that arises in whole or in part from accessing or using the App/Website or in relation to orders, delivery, quality or any such products or services offered through the App/Website, shall be decided exclusively by a court of competent jurisdiction located in New Delhi, India only.

RULES OF THE GAME are mentioned on the app, which might change from time to time. If you do not abide by any rule(s), whole or in part, your membership is deemed to be terminated with immediate effect.

You may register for the PINKSTA Program using third party services (e.g., Facebook, LinkedIn, Twitter, Google etc) and otherwise enable various third party services to be directly integrated into your PINKSTA Membership. By enabling third party services within the Membership, you are allowing PINKSTA to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and PINKSTA shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Membership. In addition, PINKSTA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, PINKSTA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. PINKSTA enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or rcommendation.

Privacy Policy

"PINKSTA" and Outlet Partners provide relevant offers and services to the PINKSTA members who are interested in receiving these offers and services. To ensure that the offers and services are relevant PINKSTA may solicit information from the members from time to time. This is solely for the purpose of making the program more and more meaningful. We are committed to protecting the privacy of our members and their transactions. This section explains how we protect and use your information in safe, secure and responsible manner. We value our member's privacy.

Information We Collect:

When members interact with PINKSTA through the Program, PINKSTA may collect Personal Data and other information from then member, as further described below:

Personal Data That Members Provide Through the Program: We collect Personal Data from the members when he/she voluntarily provides such information such as when member registers for access to the Program, use certain Services, contact PINKSTA with inquiries or respond to one of PINKSTA surveys, information collected by Outlet Partners and attached to Members. For example, we collect name, phone number, email address, third party service login credentials, and date of birth.By voluntarily providing us with Personal Data, members are consenting to PINKSTA use of it in accordance with this Privacy Policy. If member provide Personal Data, member acknowledge and agree that such Personal Data may be transferred from member's current location to the offices and servers of PINKSTA and the authorized Partners.

Non-Identifiable or Aggregated Data: When members interact with PINKSTA through the Program, we also receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify a member. PINKSTA may store such information itself or such information may be included in databases owned and maintained by PINKSTA affiliates, agents or service providers.

PINKSTA may use such information and pool it with other information to track, for example, the total number of visitors or users of the Program, numbers for our Partners, the number of visitors to each page of our website, the domain names of our visitors' Internet service providers, and how our users use and interact with the Program. Also, in an ongoing effort to better understand and serve the users of the Program, PINKSTA may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. PINKSTA may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify a member personally. PINKSTA may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating the Program, PINKSTA may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Program gives to a your browser when you access our website. Our cookies help provide additional functionality to the Program and help us analyze Program usage more accurately. For instance, our Program may set a cookie on your browser that allows you to access the Program without needing to remember and then enter a password more than once during a visit to the Program. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Program's features.

Use of Member's Personal Data and Other Information

PINKSTA uses the Personal Data members provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the PINKSTA Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. PINKSTA and its subsidiaries and affiliates may also use your Personal Data and other personally non-identifiable information collected through the Program to help us improve the content and functionality of the Program, to better understand our users, and to improve the PINKSTA Program. PINKSTA and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you.
If PINKSTA intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information

PINKSTA is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Outlet Partners: To the extent you have obtained or redeemed a Scheme or Offer offered by a merchant ("Outlet Partner"), or otherwise participated in any other activity sponsored or offered through the Program on behalf of the Outlet Partner, we may provide such Outlet Partners with your Personal Data (a) in order for the Outlet Partner to redeem and validate your reward, send you customized offers, troubleshoot redemption and combat fraud, (b) as part of legal proceedings affecting PINKSTA and the Outlet Partner, (c) to facilitate a direct relationship between the Outlet Partner and you or (d) to enable the Outlet Partner to communicate electronically with you with respect to Schemes & Offers related to such Outlet Partner. Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: PINKSTA, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include maintaining databases, sending emails and SMS messages, offering and developing certain features of the Program, and maintenance and security. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. We also disclose automatically collected data (card scans, promotional activities, and redemption information) to our Outlet Partners, third-party ad servers and advertisers. These third parties may match this data with information that they have previously collected about you under their own privacy policies, which you should consult on a regular basis.

Legal Requirements: PINKSTA may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or assist government enforcement agencies, (ii) protect and defend the rights or property of PINKSTA, PINKSTA, Outlet Partners, or our users, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, (iv) protect against legal liability; (v) protect Rewards Providers from fraudulent, abusive, or unlawful uses; or (vi) protect the security or integrity of the Services.

With the Ability to Opt-Out: We do not share Personal Data with other third-party organizations for their marketing or promotional uses without your consent except as part of a specific program or feature for which you will have the ability to opt-out. We may offer contests that require you to take an action in order to receive a reward. This data is provided to the advertiser and you will always have the option to not participate.

The Program will automatically send you SMS, email, Facebook and other electronic messages with updates and other information as part of the Program. You may stop receiving SMS messages from the Program by contacting our support centre.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by PINKSTA other than Personal Data collected through the Program. This Privacy Policy shall not apply to any unsolicited information you provide to PINKSTA through the Program or any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as public forums (collectively, "Public Areas"), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and PINKSTA shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Integrating Third Party Services within the Program

One of the special features of the Program is that it allows you to enable various online third party services, such as social media and social networking services ("Third Party Services"), to be directly integrated into your PINKSTA experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and PINKSTA shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

Security:

PINKSTA takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email, mobile or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

PINKSTA Fair Usage Policy:

The member shall act responsible at all times and ensure that members availing of THE PS Membership Service with respect to earning and redemption of Stars through Outlet Partners (PINKSTA Outlets and Non-Participating Outlets) shall do so in adherence to the PINKSTA Fair Usage Policy (PFUP). The PFUP ensures that the redemption of Stars is in accordance to acceptable variance with Average Potential (AP) of members. Based on AP of our members, the Stars Fair Usage Limit (FUL) is established and conveyed to the members periodically. PINKSTA monitors AP of our members from time to time and revises the FUL.

User acknowledges and agrees that Crown redemption in excess of FUL shall be a violation of PFUP and shall be deemed a breach of a material term hereof. Upon such violation the Company may suspend the User account with immediate effect.

Changes to PINKSTA's Privacy Policy:

The Program and our business may change from time to time. As a result, at times it may be necessary for PINKSTA to make changes to this Privacy Policy. PINKSTA reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy everytime you use/ visit the PINKSTA App / Website.