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TERMS OF USE


The website which is accessible at https://www.ovalstars.com (including all content under the “Ovalstars” domain and sub domain name and referred to herein as the “Website”) and via Ovalstars mobile applications IOS & Android (“Apps”) (altogether, the “Platform”) is developed, owned and operated by Ovalstars Entertainment Private Limited (“Ovalstars”) is offered to its Sellers (“Seller” “User” “You” “Your” “Artist” “Service Provider”) such as Artists, Artists Managers, Artist Management Companies,  Service Providers etc. who shall be listing their services and products on the Platform  for various Events, occasions and celebrations by hour or by day or by product, who may view, access and/or give services to Ovalstars or to the Buyers (“Buyer”) (customers of Ovalstars who book Seller’s services or buy their products through the Platform) subject to the Terms of Use provided hereunder.


“Services” means the all services and products Ovalstars provide via the Platform to enable the Seller get bookings from the Buyer. The term ‘Services’ does not include any services provided by third parties.


By accessing and/or using the Platform, You agree:


  1. to be bound by these Terms of Use and are deemed to have read and understood all of its contents and implications; and
  2. You grant Your free and unconditional consent to be subject to these Terms of Use as applicable.

The Terms of Use set forth herein apply to the Platform is covered and protected by all laws including but not limited to copyright and trademark laws of India.


APPLICABILITY


The Platform is meant to be used by bonafide User(s) for a lawful use.


This Terms of Use along with Acceptable Use Policy (“AUP”) and Seller Booking Agreements (collectively, the “Seller Agreement”) forms the terms and conditions, your rights, obligations and restrictions regarding Your use of services and products of Ovalstars. We grant You a limited, revocable, non-exclusive license to access the Services for Your own personal use, subject to the Terms of Use. Use of the Services beyond the scope of authorized access granted to You terminates this permission.


Any User who inquiries about or sell any products or services on Ovalstars through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this Terms of Use.


Both Seller and OVALSTARS are individually referred to as 'Party' and collectively referred to as 'Parties' to the Terms of Use.


 
 

"Seller Agreement" available on Ovalstars platform details out terms & conditions applicable on various services or products facilitated by Ovalstars. The Seller should refer to the relevant Terms of Service applicable for the given product or service as sold by the Seller. Such Terms of Service are binding on the Seller.

These terms and conditions will constitute a binding contract between You and Ovalstars. You are only authorized to use the Services if You agree to abide by the Terms of Use and all applicable laws. If You do NOT accept the Terms of Use, then please discontinue Your use of the Platform and the Services. Your continued use of this Platform following the posting of any change or modification of these terms will mean You accept those changes or modifications. Ovalstars reserves the right to withdraw Your access to this Platform and to change, modify, revise the materials, products and pricing listed or offered through this Platform at any time.


We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Platform, which serves as notice to You. The Terms of Use constitute the entire agreement regarding Your use of the Platform or the Services and supersede any such prior Terms of Use. We will attempt to notify all Members of changes to these Terms of Use but are not obligated to do so, as it is important that You review the Terms of Use regularly to ensure You are updated as to any changes made.


SCOPE OF SERVICES


It is hereby clarified that the Platform shall act only as a 'Marketplace' under the applicable Law and the Platform’s role as a marketplace is limited to managing the Platform, associated marketing, payment management, booking management, enquiry managements and other incidental services to enable the provision of services between the Seller and the Buyer.


 


When you register as a Seller on the Ovalstars Platform, Ovalstars allows creation of the Sellers Account and access to Ovalstars Services, as provided on its Platform. Ovalstars promotes the Seller via the Content and Seller Data provided by the Seller and maintained by them on Platform to the Buyers registered with it as well as prospective buyers who might look for services or products as such, and thereby provides work to the Seller through the Platform. Ovalstars does not take any guarantee to provide work/ assignments/ bookings to the Seller. If any Buyer selects any Seller for their services in their respective service categories listed on the Ovalstars platform, Ovalstars will contact such Seller through either the Ovalstars App, WhatsApp message, account notification, dashboard notification, e-mail, SMS, push notifications and offer the assignment/ booking/ sale of product to the Seller. The Seller shall accept such assignment/ booking/ sale of product within a period of twenty-four (24) hours failing which, such offer of assignment/ booking/ sale of product shall stand automatically rejected. The Seller understands that the reputation of the Platform is severely affected in the event that the Seller rejects an assignment/ booking/ sale of product thrice within a period of one (1) year from the date of first rejection. Accordingly, the Platform shall have the right but not the obligation to suspend/ blacklist such Seller from the Platform.


ELIGIBILITY TO USE


The Seller must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a Seller and use Services of Ovalstars. If You are a minor or are below the age of 18 years, You shall not register as a Seller on the Platform and shall not transact on or use the Platform.


As a minor if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). You may be granted access by providing either of Your parents or legal guardians Email IDs and Mobile Number. Email will be sent informing the parent or legal guardians that their ward has registered himself/herself to use the Services through this Platform. Parents or legal guardians of such wards will be liable for all acts or omissions of such individuals, damages or losses occurred due to activities or action of their wards and are legally bound by any Acts/ Deeds/ Violations of the Terms of Use by their wards.


 


Ovalstars shall not be liable for a minor viewing the Platform without a parent or legal guardian. We reserve the right to terminate your account and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.
 

 


Before using the Platform, approaching any Sales Channels or procuring the services of OVALSTARS, the Seller shall compulsorily read and understand this Terms of Use Policy, and shall be deemed to have accepted this Terms of Use Policy as a binding document that governs Seller's dealings and transactions with OVALSTARS. If the Seller does not agree with any part of this Agreement, then the Seller must not avail Ovalstars Services and must not access or approach the Sales Channels of Ovalstars.
 

 


All rights and liabilities of the Seller and Ovalstars with respect to any services or product facilitated by OVALSTARS shall be restricted to the scope of this Terms of Use & Seller Agreement.

 


SELLER’S RESPONSIBILITY


Before using the Platform or Ovalstars Services, Seller must create an account on the Platform (“Account”) and become Ovalstars registered Seller (collectively “Members”) and provide Ovalstars with the requisite information. Ovalstars may ask the Seller to update the Account or provide additional or different information at any time. Seller will be required to provide an email address, mobile number and security password when opening the Account (“Credentials”), and Seller agrees to keep the Credentials private and secure. Seller shall be held responsible for any actions taken on his/her Account using the Credentials whether or not authorized by the Seller. Each member’s right to use the Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Ovalstars of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Platform, and that we have no obligation to monitor or resolve disputes between members of the Platform.


 


When creating or using the Account, Ovalstars may request or permit the Seller to provide information about the Seller or their services in the form of Content. Seller agrees that he will only provide Content to Ovalstars that he owns or has authorization to provide, and Seller will ensure that the Content is accurate and complete. The Seller shall not post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of the service provided; or (v) includes sensitive personal information, including payment, contact information, or personal account details. The Seller will not knowingly or negligently provide any Content that contain viruses, trojan horses, and other harmful content (collectively, “Viruses”). While Ovalstars does attempt to identify and contain any Viruses impacting the Platform, Ovalstars is not liable and disclaim all responsibility for ensuring that the Platform is free of Viruses.


You, as a Seller, expressly agree:


Your username and password are personal to you and under no circumstances may you allow any others to use your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, the Ovalstars may find it necessary to access your account. For instance, the Ovalstars may access your account for support, maintenance or security-related reasons. You acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.


Sellers are advised to check the details of bookings, description of the services and products carefully before confirming a booking. Seller(s) agrees to be bound by all the conditions as contained in booking confirmation request or as laid out in the booking details page. These conditions are also to be read in consonance with the Seller Agreement. If a Seller intends to accepts a booking on behalf of another person (Artist/ Service Provider, etc), it shall be the responsibility of the Seller to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

The Seller undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through OVALSTARS. The Seller further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.

The services are provided on an "as is" and "as available" basis. OVALSTARS may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. OVALSTARS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the Seller obtains from OVALSTARS or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

Seller also authorizes OVALSTARS's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such Seller through national customer preference register (NCPR) or any other similar preferences.


Seller may close their Account at any time by notifying Ovalstars. Seller is responsible for all activities associated with their Account which are made before the Account is closed including payment of fees and taxes or other liabilities caused by or resulting from use of the Platform or Ovalstars Services.


 


Content


You understand that all content provided through various Sales Channels, including but not limited to any sort of information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements, or other such similar materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Services and not Ovalstars. We do not control the Content posted through the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content.


Further, You also agree to provide Ovalstars a non-revocable license to use the Content and related intellectual property for any and all purposes as Ovalstars may deem fit.


The opinions expressed in postings or other Content provided through the Services are not necessarily those of Ovalstars or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the Platform you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.


Responsibility for Your Content (seller Content)


You are solely responsible for the Content you submit or make available for inclusion through the Services (“Seller Content”) and the consequences of posting or publishing it. In connection with Seller Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ovalstars to use all trademark, copyrights, logos, service marks or other proprietary rights in and to any and all Seller Content to enable inclusion and use of the Seller Content in the manner intended by Ovalstars and the Terms of Use. You agree that you will not submit Seller Content that violates these Terms of Use.


Because Ovalstars does not permit infringement of intellectual property rights through the Services, we will remove all Seller Content if properly notified that such Platform Content or Seller Content infringes on another’s intellectual property rights and at our sole discretion.


Ovalstars does not endorse any Seller Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Seller Content. You agree that you will not submit Seller Content that violates the Rules, found or material contrary to applicable local, national, and international laws and regulations.


Seller Content: Ownership & Licenses


We do not claim ownership rights over your Seller Content. However, you grant us the following worldwide, royalty-free, non-revokable and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Seller Content through the Services, solely for the purpose for which such Seller Content was submitted or made available. This limited license exists only for so long as you elect to include Seller Content through the Services and it will terminate at the time you remove or we remove such Seller Content from the Services.


You grant each user and Buyer of the Ovalstars Services a non-exclusive license to access your Seller Content through the Services, and to use, reproduce, distribute, display and perform such Seller Content as permitted through the functionality of the Services and under these Terms of Use.


Notwithstanding the foregoing, you understand and agree that once Seller Content is incorporated into other aspects of the Services by Ovalstars and/or its members, Ovalstars is under no obligation to delete or ask or require other Ovalstars members to delete that Seller Content, and therefore, it may continue to appear and be used through the Ovalstars Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Seller Content that have been removed or deleted.


REPORT INFRINGEMENT


OVALSTARS respects the intellectual property rights of others. If you notice any act of infringement on the Platform, you are requested to send us a written notice/ intimation which must include the following information;


The aforesaid notices can be sent to OVALSTARS by email at report@ovalstars.com.


KINDLY NOTE THAT Ovalstars PROHIBITS PORNOGRAPHY ON ITS Platform. Please choose carefully the information you post on the Platform and that you provide to Buyers and other Members. Your Ovalstars profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Ovalstars assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Ovalstars by any person, please contact Ovalstars Seller Support Team or e-mail the same on on the e-mail address provided above.


 


Fees and PAYMENTS


When You register as a Seller, from time to time, Ovalstars allows creation of the “Profile” (Artist profile, Act profile, Direct Service/ Listing profile, Other Services & Products profile) and access to Services at charges/ commission (“Ovalstars Fees”) as provided in your engagement terms contained in the Current Schedule of Charges in the Finance Section of Ovalstars Seller Portal.


Ovalstars promotes the Sellers via their profiles as maintained by them on Ovalstars to its Buyer registered with it, and thereby provide work to Sellers through Ovalstars and its Platform, but there is no guarantee whatsoever to get any assignment. If any Buyer selects any Seller for its Services in their respective service categories listed on the Platform, Ovalstars will contact such Seller thereabout and offer the assignment.


In addition to the Ovalstars Fees, OVALSTARS reserves the right to charge certain fees in the nature of convenience fees or service fees on the booking which it might take from the Buyers. OVALSTARS further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof which needs to be paid by Seller, will be displayed in the Current Schedule of Charges in the Finance Section of Ovalstars Seller Account.

In cases of short charging of the charges/ commission amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, OVALSTARS shall reserve the right to deduct, charge or claim the balance amount from the Seller and the Seller shall pay such balance amount to OVALSTARS. In cases where the short charge is claimed prior to the fulfilment of the booking, OVALSTARS will be at liberty to cancel such bookings if the amount is not paid before the Event Date.

Any increase in the price charged by OVALSTARS on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the Seller. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

In the rare circumstance of a booking not getting confirmed for any reason whatsoever, OVALSTARS will not process the payment of the booking amount paid by the Buyer and intimate the Seller about the same. OVALSTARS is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable payment will be processed as per the defined policies of OVALSTARS or as the case may be.

The Seller shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.

The Seller agrees and understands that all payments to Seller shall only be made to the registered bank accounts of Seller. If Seller has to pay any charges/ commission, reimbursements, short charges, etc to Ovalstars other than those which are directly debited from Sellers Wallet, Seller shall only make payment to the bank account of Ovalstars.  OVALSTARS or its agents, representatives or employees shall never ask a Seller to transfer money to any private account or to an account not held in the name of OVALSTARS. The User agrees that if that Seller transfers any amount against any booking or transaction to any bank account that is not legitimately held by OVALSTARS or to any personal account of any person, OVALSTARS shall not be held liable for the same. Seller shall not hold any right to recover from OVALSTARS any amount which is transferred by the Seller to any third party.

The Seller will not share his/ her personal sensitive information like UPI Pin, credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of OVALSTARS. The Seller shall immediately inform OVALSTARS if such details are demanded by any of its agents' employees or representatives. OVALSTARS shall not be liable for any loss that the Seller incurs for sharing the aforesaid details.

Payments of cancelled bookings also will always be processed to the respective bank account or the banking instrument registered with Ovalstars only after the request of withdrawal made by the Seller or if the time limit till which Ovalstars can hold such amount extinguishes.


Booking(s) accepted by the Seller through OVALSTARS are subject to the applicable cancellation policy as set out on the payments, refund and cancellation policy or as communicated to the Sellers in writing.


The Buyer and Seller registered with Ovalstars are prohibited to make any direct deal amongst themselves without the prior permission of Ovalstars. In the event of any such engagement between the Seller and the Buyer where Ovalstars has not been involved if found at later stage, Seller shall be liable to pay Ovalstars a penalty of amount which Ovalstars will convey to the Seller as per Ovalstars discretion which it feels will be right, reasonable and justified compensation for breach of contract within 7 days after such intimation has been made.


GST Compliance


The Government of India made it compulsory for all businesses & service providers to register themselves and take GST Registration Number (GSTIN) for selling any product or service in India. You are required to take GST Number in order to sell any product or service on the Ovalstars Platform or through our Sales Channels. According to the Goods and Services Tax Act, 2017, India as per the new limit applicable from 1st April, 2019


For the sale of Goods


Any business with an annual turnover of Rs. 40 lakh and above must register for GST. For Special Category States (Arunachal Pradesh, Assam, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh, Puducherry, Ladakh, Uttarakhand) the annual turnover threshold for GST registration is Rs. 20 lakh.


For Providing Services


Any service provider with an annual turnover of Rs. 20 lakh and above must register for GST. For Special Category States (Arunachal Pradesh, Assam, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh, Puducherry, Ladakh, Uttarakhand) the annual turnover threshold for GST registration is Rs. 10 lakh.


In addition, the following individuals also need to complete GST registration and acquire unique 15-digit GSTIN:


If you have not provided your GST details on the platform and your turnover threshold limit surpasses the GST turnover limit mentioned above, we may suspend your account till the time you update your GST details on the Platform.


The Seller warrants and confirms that GST details of the Seller will be shared by the Seller on or before the cut-off date prescribed by OVALSTARS either at the time of booking or after the booking is made. The Seller further confirms that non-compliance of this requirement may result in cancellation of the booking.

The Seller authorizes OVALSTARS to retrieve Seller’s GST details from Sellers profile, previous bookings or share Seller’s data with third party(ies) for collecting or verifying GST details solely for the purposes mentioned in this Terms of Use.

The Seller understands OVALSTARS does not collect Seller’s GST details without consent. If the Seller wishes to opt of providing the same or wishes to delete it if already provided, the Seller may do so by requesting the same to seller support team of Ovalstars.

The Seller authorizes OVALSTARS to share Seller data with third party(ies) for collecting or verifying GST details of Seller.


It is mandatory to comply with the requirements under the Goods and Services Tax Act, 2017. If you have not submitted your GST details, this shall be treated as declaration by you regarding the non-applicability of Goods and Services Tax Act, 2017 on you. In case of any subsequent claim by the tax authorities, you shall indemnify and hold harmless Ovalstars.


TCS on GST COMPLIANCE


TCS stands for Tax Collected at Source. As per the GST regime, Ovalstars needs to collect 0.5% under CGST Act and 0.5% under SGST Act; In case of inter-state transactions, 1% (under IGST Act) on the net values of taxable amount of the services provided through Ovalstars by the Sellers who has also provided its GST details to Ovalstars. TCS will be collected by Ovalstars while making a payment to the Seller. This payment will be the consideration collected on the Seller’s behalf for the services provided by the Seller via the Ovalstars. Sellers who are supplying goods and/or services through Ovalstars will receive payment after deduction of TCS @ 1%. Seller will be able to see GST credit of such amount on their GST Portal. The tax collected by the Ovalstars shall be credited to the cash ledger of the seller who has supplied the goods/services through Ovalstars. The seller can claim credit of tax collected and reflected in the return by the Ovalstars in seller’s electronic cash ledger.


 


PAN COMPLIANCE


The Government of India made it compulsory for all businesses & service providers to register themselves and take Permanent Account Number (PAN) for selling any product or service in India. You are required to take  PAN in order to sell any product or service on the Ovalstars Platform or through our Sales Channels. The Seller warrants and confirms that PAN details of the Seller will be shared by the Seller at the time of registering itself on the Ovalstars Platform.


The Seller authorizes OVALSTARS to retrieve Seller’s PAN details from Sellers profile, previous bookings or share Seller’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Terms of Use.


The Seller understands OVALSTARS does not collect Seller’s PAN details without consent. If the Seller wishes to opt of providing the same or wishes to delete it if already provided, the Seller may do so by requesting the same to seller support team of Ovalstars.


The Seller authorizes OVALSTARS to share Seller data with third party(ies) for collecting or verifying PAN details of Seller.


TDS COMPLIANCE


TDS Deducted by Buyer


According to the rules and regulations of Section 194J of the Income Tax Act, 1961, a Buyer can request to deduct their Tax Deducted at Source (TDS) at the rate of 10% when payments (higher than Rs. 30,000 in a fiscal year) are made to the Sellers. Buyer intimates Ovalstars about deduction of TDS for a particular booking either at the time of booking or before the Event Date and upon receipt of Form 16A from the Buyer, Ovalstars will reimburse the TDS amount to the Buyer. Ovalstars will withhold such amount from the Sellers payment when making payment to the Seller against that booking and will forward the Form 16A to the Seller upon receipt from Buyer. In case on non-receipt of Form 16A from the Buyer within a stipulated period of time, Ovalstars will release the withhold amount and credit it to the Seller.


TDS Deducted by Ovalstars


The Finance Act 2020 of India made it compulsory for all e-commerce platforms to deduct 1 % TDS (Tax Deduction at Source) of the gross amount of sales of the e-commerce Seller. Therefore, Ovalstars is required to deduct 1% TDS at the time of payment to the Seller. TDS will not be applied to the GST component. We will issue Form 16A to the Seller against the TDs deducted. This form can be used by the seller to claim credit of the tax deducted while filing the Income Tax Return.


TAN COMPLIANCE (TDS Deducted by Seller on Ovalstars Fees)


According to the rules and regulations of Section 194J of the Income Tax Act, 1961, a Seller can request to deduct their Tax Deducted at Source (TDS) at the rate of 2% on Ovalstars Fees. Seller needs to intimate Ovalstars about deduction of TDS either at the time of creating the Sellers Account but updating their TAN number or Seller can also update their TAN on the Platform by requesting the same to the Ovalstars Seller Support Team even after the seller account is created. Once seller TAN is updated on the Platform, then upon receipt of Form 16A from the Seller, Ovalstars will reimburse the TDS amount to the Seller.


OBLIGATION TO OBTAIN VISA


International bookings made through Ovalstars are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the Buyer/ Seller as per the requirement of seller travel bookings and the requirements of the countries in which the Seller will be performing or providing services or transit through.


Ovalstars is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to pay any amount to the Seller for being unable to fulfil the booking due to absence or denial of visa, irrespective whether or not the Buyer/ Seller has availed the services of Ovalstars for the visa process too. No payments will be made to the Seller against such bookings.


INSURANCE


Unless explicitly provided by OVALSTARS in any specific service or deliverable, obtaining sufficient insurance coverage (travel insurance, personal insurance, accidental insurance, medical insurance, equipment insurance, etc) is the obligation of the Seller. In no case OVALSTARS shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by OVALSTARS or by the Buyer shall be as per the terms and conditions of the third-party insurance company. OVALSTARS merely acts as a facilitator in connecting the Seller with insurance company. The Seller shall contact the insurance company directly for any claims or disputes. OVALSTARS shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.


 


uSAGE OF THE MOBILE nUMBER, COMMUNICATION DETAILS OF THE sELLER BY OVALSTARS


OVALSTARS will send any and all information’s related to your Seller Account, booking requests, payment confirmations, seller requirements fulfilment information’s, booking cancellation information’s, payment status, schedule change or any such other information relevant for the transaction or booking made by the Buyer, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the Seller at the time of creating Seller’s Account or to any of our Sales Channel.
 

OVALSTARS may also contact the Seller through the modes mentioned above for any pending or failed bookings, to know the preference of the Seller for concluding the booking and also to help the Seller for the same.
 

The Seller hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by OVALSTARS are:


·        upon the request and authorization of the Seller;


·        'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and


·        in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
 

The Seller will indemnify OVALSTARS against all types of losses and damages incurred by OVALSTARS due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the Seller on OVALSTARS with respect to the communications mentioned above or due to a wrong number or email id being provided by the Seller for any reason whatsoever.

ADVERTISERS ON OVALSTARS, AND LINKED WEBSITES


The Platform may contain links to third party websites/ apps or resources. Ovalstars does not control such websites/ apps or resources and is not responsible for its contents. If a Seller accesses any third-party website/ apps, the same shall be done entirely at the Seller's risk and Ovalstars shall assume no liability for the same.


Ovalstars is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.


Ovalstars does not endorse any advertisers on its Platform, or any linked sites in any manner. The Sellers are requested to verify the accuracy of all information provided on the third-party web pages/ apps.


The linked sites are not under the control of Ovalstars and hence Ovalstars is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Ovalstars is providing these links to the Sellers only as a convenience.


You acknowledge and agree that Ovalstars is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Ovalstars will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.


Termination of Service


You agree that the Ovalstars, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Services, or any part thereof, immediately and without notice, for general maintenance or any other reason whatsoever and remove and delete any Seller Content on the Platform, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Ovalstars will not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after your member account has been terminated.


You agree that if you are dissatisfied with the Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the Services, your sole and exclusive remedy is to discontinue using the Services.


RIGHT TO REFUSAL BY OVALSTARS


OVALSTARS at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.


OVALSTARS will not provide any service or share confirmed booking requests/ details till such time the complete consideration is received from the Buyer.


In addition to other remedies and recourse available to OVALSTARS under this Terms of Use and Seller Agreement or under applicable law, Ovalstars may limit the Seller's activity, warn other Members/ Buyers/ Media/ Organisations, etc of the Seller's actions, immediately suspend or terminate the Seller's registration, or refuse to provide the Seller with access to the Platform if:


Once a Seller has been suspended or terminated, such Seller shall not register or attempt to register with Ovalstars with different credentials, or use the Platform in any manner whatsoever until such Seller is reinstated by Ovalstars. Ovalstars may at any time in its sole discretion reinstate suspended sellers.


If a Seller breaches this Seller Agreement, Ovalstars reserves the right to recover any amounts due to be paid by the Seller to Ovalstars, and to take appropriate legal action as it deems necessary.


The Seller shall not write or send any content to Ovalstars which is, or communicate with Ovalstars using language or content which is:


If the Seller violates any of the aforesaid terms, Ovalstars shall be at liberty to take appropriate legal action against the Seller.


RIGHT TO REFUSAL BY BUYER


Seller agrees that that the Buyer may refuse to take the service(s), agreed to be provided by the Seller, from any booking made through OVALSTARS with/ without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the Buyer as it is outside the purview of Ovalstars and the Seller agrees that any claim, refund or damages against such refusal shall lie solely against the Buyer and not Ovalstars.


RIGHT TO CANCEL BY OVALSTARS


The Seller expressly undertakes to provide Ovalstars with correct and valid information while creating sellers account and listing its services on the Ovalstars Platform under this Seller Agreement, and not to make any misrepresentation of facts. Any default on part of the Seller would disentitle the Seller from availing the services from OVALSTARS.


In case OVALSTARS discovers or has reasons to believe at any time during or after creating sellers account and/ or  after receiving/ accepting a booking request of services by the Seller that the request for services is either unauthorized or the information provided by the Seller or any of its artist or services is not correct or that any fact has been misrepresented by that Seller, OVALSTARS shall be entitled to appropriate legal remedies against the Seller, including cancellation of the bookings, without any prior intimation to the Seller. In such an event, OVALSTARS shall not be responsible or liable for any loss or damage that may be caused to the Seller or any other person in the booking, as a consequence of such cancellation of booking or services.


If any judicial, quasi-judicial, investigation agency, government authority approaches OVALSTARS to cancel any booking, OVALSTARS will cancel the same without approaching the concerned Seller whose booking has been cancelled.


The Seller shall not hold OVALSTARS responsible for any loss or damage arising out of measures taken by OVALSTARS for safeguarding its own interest and that of its genuine customers and sellers. This would also include OVALSTARS denying or cancelling any bookings on account of suspected fraud transactions.


SECURITY AND ACCOUNT RELATED INFORMATION


While registering on the Platform, the Seller will have to choose a password to access that Seller's account and Seller shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the Seller to notify Ovalstars immediately in writing of any unauthorized use of their password or account or any other breach of security. Ovalstars will not be liable for any loss that may be incurred by the Seller as a result of unauthorized use of the password or account, either with or without the Seller's knowledge. The Seller shall not use anyone else's account at any time.


Seller understands that any information that is provided to the Platform may be read or intercepted by others due to any breach of security at the Seller's end.


Ovalstars keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., Ovalstars may at times verify certain information of its Sellers like their credit score, as and when required.


Additionally, Ovalstars may share Your Personal Information in an anonymized and/ or aggregated form with a third party that Ovalstars may engage to perform certain tasks on its behalf or to fulfill the desired booking, including but not limited to payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.


Ovalstars adopts the best industry standard to secure the information as provided by the Seller. However, Ovalstars cannot guarantee that there will never be any security breach of its systems which may have an impact on Seller's information too.


The data of the Seller as available with Ovalstars may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the Seller.


FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES


OVALSTARS employees or authorized representatives will never contact a Seller asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a Seller to install any third-party applications that enable them to view a Seller's mobile or computer screen.


Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.


If you are ever asked for any of the aforesaid information, please report it immediately on report@ovalstars.com.


FORCE MAJEURE       


There can be exceptional circumstances where Ovalstars and / or the Buyer may be unable to honor the confirmed bookings due to various reasons or a Force Majeure Event. In such a situation ‘Force Majeure Event’ shall be defined as one or more of the following causes which renders performance impossible, impracticable, or unsafe: death, illness of, or injury of Buyer’s key personnel; theft, loss, destruction, or breakdown of equipment owned or leased by Buyer; fire; threat(s) or act(s) of terrorism; riot(s) or other form(s) of civil disorder in, around, or near the Performance(s) venue; strike, lockout, lockdown or other forms of Labour difficulties; any act, order, rule, or regulation of any court, government agency, or public authority; act of God, insolvency, a pandemic, an epidemic, business exigencies, any operational and technical issues, route and flight cancellations, absence of power or other essential services; failure of technical facilities; failure or delay of transportation, etc. not within Buyer’s reasonable control; inclement weather; and/or any similar or dissimilar cause beyond Buyer’s or Ovalstars reasonable control.


If a Force Majeure Event occurs, the parties' respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with the engagement. Travel and accommodation already booked will also remain the burden of the respective parties and costs for this cannot be claimed back from Ovalstars. The Seller agrees that Ovalstars being merely a facilitator of the services, cannot be held responsible for any such Force Majeure Event.


Notwithstanding the foregoing, if Buyer is ready and willing to take  Seller services, Buyer will be liable to pay Seller the full amount of the guarantee set forth between the Parties or as per the Booking Agreement.


If Seller is unable to depart city of venue after the Booking due to flight cancellation, or flight unavailability caused by onsite delays in Seller’s performance schedule or failure to get to the city of Booking airport on time due to local traffic or delays in Buyer-provided ground transportation, Ovalstars shall not be responsible for providing additional hotel accommodations, travels or per diem allowances. Ovalstars will facilitate such requests and will try to get services/ reimbursements against the same from the Buyer in accordance with the terms and rates agreed upon, however it is not Guaranteed. Seller shall make best efforts to depart city of venue as soon as reasonably possible in an effort to limit Buyer’s costs.


The Seller agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Ovalstars will not be liable for any sort of damages or losses which Seller might have occurred pertaining to the same. Ovalstars shall be completely discharged from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the Seller.


In no event shall Ovalstars and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or any other Sales Channel.     


Indemnity


You agree to defend, indemnify and hold Ovalstars, our owner, and each of its subsidiaries, affiliates, directors, officers, lawful successors and assigns, agents, vendors or other partners, employees and Ovalstars moderators harmless from any and all losses, liabilities, claims, damages, costs, expenses or demand, including without limitation attorneys’ fees and costs and disbursements in connection therewith and interest chargeable thereon, asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the Seller, or non-performance of any covenant by the Seller or. made by any third party due to or arising out of any misuse of our Services, infringement of intellectual property, Content, material or information posted, provided, transmitted or otherwise made available by You on or through the Ovalstars Services, by Your violation of the Terms of Use, or by Your violation of any third party right, including without limitation any copyright, property, or privacy right.


The Seller shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and OVALSTARS cannot be held responsible for the same.


Disclaimer of Warranties / Limitation of Liability


You understand and agree that the Ovalstars Services are provided “AS-IS” or “AS AVAILABLE,” and we do not assume any liability for the failure to store or maintain any user communications or personal settings.


No advice or information, whether oral or written, obtained by you from the Services shall create any warranty not expressly stated in these Terms of Use. In no event shall Ovalstars or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of the Services even if we have been advised of the possibility of such damages.


Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to You, and You may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.


We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the Buyers, businesses, advertisers, Ovalstars members or users of the Services. Your communications or dealings with such Buyers, businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.


If you promote a contest, sweepstakes or giveaway on Ovalstars without our express, advanced approval, you do so at your risk and you assume all risk and liability. You further agree to hold Ovalstars harmless from any claim, demand or damages.


Unless OVALSTARS explicitly acts as a reseller in certain scenarios, OVALSTARS always acts as a facilitator by connecting the Sellers with the respective Buyers. OVALSTARS's liability is limited to providing the Seller with a confirmed booking as selected by the Buyer.


 
 

Any issues or concerns faced by the Seller at the time of providing any such services shall be the sole responsibility of the Sellers including safety and security of the Seller. OVALSTARS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Buyer.
 

 


Unless explicitly committed by OVALSTARS as a part of any product or service:


·        OVALSTARS assumes no liability for the standard of services (hospitality, travel, ground transfers, tech riders, food & beverages, security & manpower, licences & permissions, etc) as provided by the respective Buyers.


·        OVALSTARS provides no guarantee with regard to their quality or fitness as represented.


·        OVALSTARS doesn't guarantee the availability of any services and commitments as mentioned by the Buyers.
 

By accepting a booking, Seller understands OVALSTARS merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Buyers and not OVALSTARS. Thus the ultimate contract of service is between Buyer and Seller.


Seller further understands that the information displayed on the Platform or Sales Channel with respect to any Seller’s Requirement that needs to be fulfilled by Buyers is displayed as furnished by the Seller. OVALSTARS, therefore cannot be held liable in case if the information provided by the Seller is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force. Seller Requirement Fulfilment information, if any, if forwarded to the Seller as it is received from the Buyer by Ovalstars. Ovalstars assumes no liabilities against the same.

Ovalstars shall not be liable for your interactions with any organizations and/or individuals found on or through the Services. This includes but is not limited to performance of services or selling of products by the Seller, payment by Buyer, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Ovalstars is not responsible for any damage or loss incurred as a result of any such dealings.


COVID RELATED TERMS & CONDITIONS


Seller agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the Buyer either cancels the booking or refuses to take the services, as agreed with the Seller, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the Seller:


In such cases Ovalstars will assume no liability for the refusal to take service by the Buyer. The Seller also agrees that full refund, if any, for such bookings will be processed by Ovalstars to the Buyer.


User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that Seller will have to follow in order to provide the Seller services.


The Seller agrees to abide with all such guidelines/SOP while undertaking any booking. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where any person authorized by the Central Government, State Government or statutory body may disallow the Buyer and its guests to take Seller services. In such circumstances, Ovalstars or the Buyer will not be held liable for such loss and damages. Any expense borne by Seller and its team members related to COVID tests or any other test as required in order to facilitate their travel when Seller arrives at the event including expense which Seller and its item may incur while travelling back to their home city will have to be taken care by themselves and the cost of the same will not be reimbursed either by the Buyer or Ovalstars.


Seller undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority. Seller must make sure that all government and legal compliances has been adhered to and all necessary, licences, permissions and precautions have been taken in order for Buyer to take Seller services.


MISCELLANEOUS


GRIEVANCE REDRESSAL: OVALSTARS strongly believes in resolving the issues raised by the Seller(s). In the event if seller feels that it’s concern has not been resolved to it’s satisfaction, Seller may contact our grievance officer, who shall endeavour to redress the concern within 30 working days from the date of escalation. To reach the grievance officer please email at grievance@ovalstars.com. 


Seller(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 working days from the date of ticket generation. Seller(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer.


In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:


Name: Mr. Vaibhav Agarwal


Email ID: vaibhav@ovalstars.com


Address: Ovalstars Entertainment Private Limited


306 Union Heights, Maharana Pratap Road,


Rahulraj Mall Lane, Vesu, Surat – 395007


Working hours: Mon to Fri (10:00 to 18:00)


 


AMENDMENT TO THE SELLER AGREEMENT: OVALSTARS reserves the right to change the Seller Agreement from time to time. The Seller is responsible for regularly reviewing the Seller Agreement.


CONFIDENTIALITY: Any information which is specifically mentioned by Ovalstars as confidential shall be maintained confidentially by the Seller and shall not be disclosed unless as required by law or to serve the purpose of this Seller Agreement and the obligations of both the parties herein.


FEEDBACK FROM MEMBERS: OVALSTARS would like to know the feedback of the Sellers for improving its services. The Seller hereby authorizes OVALSTARS to contact the User for their feedback on various services offered by OVALSTARS. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the Seller chooses not to be contacted, such Seller shall write to OVALSTARS for specific exclusion at privacy@ovalstars.com.


PRIVACY POLICY: Seller shall also refer to OVALSTARS's Privacy Policy available on OVALSTARS's website which governs use of the Platform. By using the Platform, Seller agrees to the terms of the Privacy Policy and accordingly consents to the use of the Seller’s personal information by OVALSTARS and its affiliates in accordance with the terms of the Privacy Policy.


JURISDICTION: If there is any claim or dispute about or involving the Services, you agree that the claim or dispute will be governed by the laws of India, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the courts located in the Surat, Gujarat, India with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue.


The Services are controlled and offered by Ovalstars in the India and we make no representation that materials associated with the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.


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


SEVERABILITY: Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. If any provision of this Terms of Use or Seller Agreement is determined to be unlawful, void or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use or Sellers Agreement shall continue to be in full force and effect.


This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Ovalstars engagement terms with its Seller(s) and Buyer(s), as applicable) constitutes the complete and exclusive agreement between Ovalstars and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.


The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.


This Agreement or any other communication in electronic form or printed shall be admissible in judicial or arbitration proceedings as if produced in printed form.


Acceptable Use Policy


This Acceptable Use Policy ("AUP") applies to the use of any product, service, website or Apps provided by Ovalstars Entertainment Private Limited (“Company” “us”), whether we provide it directly or use another party to provide it to you (each, a "Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the Company. This AUP also protects the interests of all of our Sellers, Buyers and our associates, as well as our goodwill and reputation. By using the Service, you are agreeing to these terms.


Every Seller of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring.  We may also suspend or terminate your use of Services pursuant to our Seller Terms of Use for violations of this AUP.


This policy may change as Ovalstars grows and evolves, so please check back regularly for updates and changes. You agree to review the AUP on a regular basis and always remain in compliance.


  1. Reporting Suspected Violations

We encourage recipients of email messages sent using the Service to report suspected violations of this AUP. Sellers are requested to report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to report@OVALSTARS.com. On receiving such report, OVALSTARS reserves the right to investigate and/or take such action as the Company may deem appropriate.


  1. Prohibited Actions

You may not and may not facilitate or allow others to use the Services to:


  1. do anything in violation of the General Data Protection Regulation (GDPR).
  2. launch or facilitate, whether intentionally or unintentionally, a denial-of-service attack on the Services or on any third party
  3. do Phishing or engaging in identity theft
  4. pose a security or service risk to the Services, to any user of the Services, to any third-party integrations made available via the Services, or to any third party
  5. Distribute computer viruses, worms, Trojan horses, or other malicious code
  6. test or reverse-engineer the Services in order to find limitations, vulnerabilities or evade filtering capabilities
  7. Infringe the intellectual property or other proprietary rights of others
  1. Proper Usage of the Service

You will respect the limits that apply to your use the Service. In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Service with content, or in a manner that:


You will use the website and any Services provided for yourself and will not: (i) willfully tamper with the security of the Service or tamper with our artist/customer accounts; (ii) access data on the Service not intended for you; (iii) log into a server or account on the Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Service or make the Service available to a third party other than as contemplated in your subscription to the Service; (vii) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Service without our prior written consent.


  1. Restricted Industries

Some industries have higher than average abuse complaints, which can directly impact our ability to provide the Service to other customers. To protect our customers, we reserve the right to discontinue your use of the Services if you are in one of these industries. Some examples include:


  1. Enforcement

Your services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.


We may also suspend your access to your account if you breach this AUP, we may terminate your Terms of Use for cause. You acknowledge we may disclose information regarding your use of any Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.


We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.


NO LIABILITY


OVALSTARS will always make its best endeavours to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the Seller's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.


In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages what so ever 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 this platform/ service, with the delay or inability to use this platform/ service or related services, the provision of or failure to provide services, or for any information, products, services and material obtained through this site, or otherwise arising out of the use of this platform/ service, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of this platform/service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this platform/service. The foregoing are subject to the laws of the Republic of India and the courts in Surat, Gujarat, India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this site. Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.