Terms of service

 1. Introduction

1.1. These terms and conditions govern your access and use of shop.stampeight.com, partner websites, mobile applications and portals. The Website is operated by Sony Music India Private Limited, and through the Website, allows purchase of Music Merchandise. Capitalized terms used but not defined in these Terms shall have the meanings ascribed to them in Sony's Privacy Policy (the “Privacy Policy”), the latest version of which is available at [https://shop.stampeight.com/pages/privacy-policy].

1.2. These Terms apply to all users of the Website (the “Users”). By registering on, browsing, downloading, using or accessing any part of the Website or purchasing any Products, the Users agree to be bound by these Terms as well as the Privacy Policy and all other additional or modified terms and conditions and policies in relation to the Website or any current or future service that may be offered by Sony. If at any time the Users do not accept or agree to any or all of these Terms, the Privacy Policy, and all other additional or modified terms and conditions and policies in relation to the Website or any current or future service that may be offered by Sony they should not access the Website or purchase any of the Products.

1.3. Sony reserves the right to periodically review, update, change or replace any part these Terms as it may consider appropriate. Any changes to these Terms will be posted on this page and where appropriate, notified to Users by e-mail. Any Users’ continued usage of the Website after such changes constitutes their consent to such changes. Users are encouraged to check these Terms regularly so as to be aware of modifications, if any.

2. Eligibility

Accepting these Terms by registering on, browsing, downloading, using or accessing any part of the Website or utilising the Products will constitute a legal contract between the User and Sony. Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including a minor, an un-discharged insolvent, etc., is not eligible to use the Website. Only individuals who are eighteen (18) years of age or older may use the Website and purchase Products. Sony reserves the right to terminate any User’s account and/or deny access to the Website if it is brought to Sony's notice that a particular User has violated any of these Terms.

3. Account Registration

3.1. Sony permits all its Users to access and view certain portions of the Website without registration. Users may purchase the Products and access the Website by opening an account on the Website.  So long as the User abides by and accepts these Terms of Service, Sony grants such users a non-transferrable, limited, non-exclusive and revocable privilege to register an account on and use the Website and purchase Products.

 3.2. The Users agree to provide accurate, current and complete information during the registration process and to update such information so as to keep it accurate, current and complete.

 3.3. On registration, each User will receive a password-protected account and log in information It shall be the responsibility of the User to treat their log in information, password and any other information that is provided by Sony, as part of the security procedures, as confidential and not disclose the same to any person or entity other than Sony. Each User is solely responsible for all activities that occur under their account, including any purchases.

 3.4. Sony, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any account or access to the Website temporarily or permanently: (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or (ii) if the Users are found to be non- compliant with these Terms.

3.5. Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of Sony.

 

4. Orders and Financial Terms 

4.1. The Website allows Users to place orders for Products through authorised sellers. Sony reserves the right to: (i) limit the sale of any Product; (ii) discontinue any Product; (iii) cancel or modify any order; and (iv) delist any Products listed on the Website at any time without intimation.

4.2. In connection with any order, information such as name, billing address and credit card information will have to be provided either to the authorised seller or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using such third-party services.

4.3. All purchases are subject to applicable taxes and levies. 

 

5. User Conduct and Representations

5.1. The Users hereby represent and warrant that their use of the Website shall comply with these Terms and that they shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

5.1.1. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, promotes enmity between different groups on the grounds of religion or caste or otherwise unlawful in any manner whatsoever.

5.1.2. Harasses or advocates harassment of another person.

5.1.3. Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.

5.1.4. Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices.

5.1.5. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation.

5.1.6. Post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website.

5.1.7. Interferes with another User’s use and enjoyment of the Website.

5.1.8. Refers to any website or URL that, in Sony sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the spirit of these Terms.

5.1.9. Violates any law for the time being in force.

5.1.10. Impersonate another person.

5.1.11. Scrape the Website; and

5.1.12. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature.

5.2. The Users shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by any means. The Users shall not probe, scan or test the vulnerability of the Website nor breach the security or authentication measures on the Website or any network connected to the Website.

5.3. The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. The Users may not use the Website or any of its content for any purpose that is unlawful or prohibited by these Terms.

5.4. Sony shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through groups of people, intentionally or unintentionally in hacking.

5.5. The Users understand that their information may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Users understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the Website, and that Sony shall not, under any circumstances whatsoever, be responsible or liable for such costs.

5.6. The Users hereby undertake and confirm that they:

5.6.1. Shall not reveal any password issued by shop.stampeight.com to anyone else or use any other User’s passwords. The Users undertake to maintain the confidentiality of their accounts and passwords and shall immediately notify Stampeight.com of any unauthorised use of their passwords or accounts or any other breach of security.

5.6.2. Shall exit/log out of their accounts at the end of each session.

5.6.3. Shall not use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software designed to modify or interfere with the Website, or assist in such activity.

5.6.4. Shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Website.

5.6.5. Shall not modify or cause any files or software to be modified that are part of the Website.

5.6.6. Shall not disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Website; and

5.6.7. Shall not attempt to gain unauthorised access to other User accounts or networks connected to Website, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Website.

6. Intellectual Property

The Website and the Products include a combination of content created by Sony, our partners, licensors and associates. The intellectual property rights in every software underlying the Website, Products and the material published on the Website, including (but not limited to) the software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Sony, our partners, licensors and/or associates. Users shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Website either in whole or in part without our express written consent.

7. Third Party Sites, Products and Products

7.1. The Website may contain links to other internet sites owned and operated by third parties. The Users’ use of each of those sites is subject to the conditions, if any, posted by the respective sites. shop.stampeight.com does not exercise control over any internet sites apart from the Website and cannot be held responsible for any content residing in any third party internet site, whatsoever. The inclusion of third-party content or links to third-party internet sites is not an endorsement by Sony of such third-party internet site or the contents therein.

7.2. User correspondence, transactions or related activities with third parties, including payment providers, are solely between the User and such third party. Further, User correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same, prior to transacting or availing of the services of such third party. The Users agree that Stampeight.com shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed at the appropriate vendor.

8. Accuracy, Completeness and Timeliness of Information

8.1. Sony is not responsible for any inaccuracy, incompleteness or outdated information made available on the Website. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that shop.stampeight.com does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Website is at the Users’ own risk.

8.2. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the Users’ reference only. Sony reserves the right to modify the contents of the Website at any time, but has no obligation to update any information on the Website. The Users agree that it is their responsibility to monitor changes to the Website.

8.3. Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the Products, pricing, promotions, offers, etc. Sony reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice.

8.4. Sony undertake no obligation to update, amend or clarify information in the Website except as required by law. No specified update or refresh date applied to the Website should be taken to indicate that all information on the Website or pertaining to the Products have been modified or updated.

9. Disclaimers and Limitations of Liability

9.1. Sony does not warrant that the Website will be compatible with all hardware and software which is used by the Users. shop.stampeight.com shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the Website.

9.2. Except as agreed to between the authorised seller and Sony, Sony does not at any point of time during any transaction between any authorised seller and the User take possession of any of the Products offered. At no time shall Sony have any obligations or liabilities in respect of such contract entered into between the authorised seller and the User. shop.stampeight.com is not responsible for damages or delays as a result of Products which are out of stock, unavailable or back ordered.

9.3. The Website may be under constant upgrades, and some functions and features may not be fully operational.

9.4. The Website is provided on an “as is” and “as available” basis. Sony expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.

9.5. SONY DOES NOT REPRESENT ANY OF THE USERS, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY ERROR OR INCONSISTENCY WITH RESPECT TO ANY INFORMATION RELATING TO SUCH USERS DISPLAYED ON THE WEBSITE OR WITH RESPECT TO THE LISTED PRODUCTS. ANY INFORMATION PROVIDED WITH RESPECT TO THE USERS AND AMOUNTS PAYABLE IS SUBJECT TO CHANGE WITHOUT NOTICE.

9.6. Sony shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Website, or for any other claim related in any way to the use of the Website, 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 the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

9.7. If any of the above exclusions are held invalid for any reason, and if shop.stampeight.com or its affiliates, agents, directors, employees, and officers, become liable for loss or damage, any such liability will be limited to INR 5,000/- or the cost of the any Product purchased, if any, whichever is lower.

10. Indemnification

 The Users agree to indemnify, defend and hold harmless shop.stampeight.com, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of a breach of these Terms or the documents they incorporate by reference, or violation of any law or the rights of a third-party.

 

11. Governing Law and Dispute Resolution

11.1. The parties agree that these Terms shall be construed in accordance with the laws of India.

11.2. The parties shall attempt to amicably settle any dispute arising out of these Terms and the obligations thereunder (each a “Dispute”). Either party may give written notice of a Dispute to the other party within three (3) days of the occurrence of the event which gives rise to such Dispute or the day that such event came to the notice of the applicable party. 

 11.3. If any Dispute arising between the parties is not amicably settled within ten (10) days of commencement of amicable attempts to settle the same as provided above, the Dispute shall be referred to the courts of Mumbai, India who shall have exclusive jurisdiction over any Disputes arising between the parties hereunder.

11.4. Notwithstanding anything contained in this Clause, shop.stampeight.com may seek and obtain interim or permanent equitable or injunctive relief, or any other relief available to safeguard Sony interest from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Stampeight.com to pursue any remedy for monetary damages.

12. Severability

12.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

13. Termination

13.1. These Terms are effective unless and until terminated by either Sony or the Users. The Users may terminate these Terms at any time by notifying Sony that they no longer wish to use the Website by deleting their account or when they cease using the Website.

13.2. If in Sony sole judgment the Users fail, or they suspects that the Users have failed, to comply with any term or provision of these Terms, Sony may also terminate their access to the Website at any time without notice and accordingly may deny the Users access to the Website.

14. Entire Agreement

14.1. These Terms, the Privacy Policy, and all other additional or modified terms and conditions and policies in relation to the Website or any current or future service that may be offered by Sony, constitute the entire agreement and understanding between the Users and Sony with respect to the Website, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and shop.stampeight.com.

14.2. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

15. Force Majeure

 Sony shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Sony control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

16. Waiver

The failure of Sony to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17. Assignment

Sony reserves the right to assign any or all of its rights and obligations under these Terms,  in its sole discretion to any of its affiliates and group companies or third parties without restriction or notice to the Users.

 

18. Contact Information

18.1. Questions about the Terms should be sent to:

Name : Sony Music India Pvt. Ltd.

Email : customercare@stampeight.com