Terms & Conditions
Terms and Conditions
Website Terms of Use
Please read these Terms and Conditions carefully as they contain important information about your use of TRANSFLOW SERVICES LTD. These Terms and Conditions apply to the website (the “Website”) and the design and content on the Website, including the graphics, art, images, so-called “look and feel”, photography, audio and video compilations or content, employment opportunities, software, data and other information on the Website as may be updated from time to time (the “Content”). By accessing and using the Website and its Content, you agree to be bound by these Terms and Conditions. These Terms and Conditions may change from time to time without notice. You agree to be bound by them each time you access the Website and/or the Content. If you do not agree to these Terms and Conditions, please do not access or use the Website or the Content.
Agreement and Restrictions
Please note that your use of the Website and/or the Content constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “scrape” portions of the Website and bypass this Agreement, your use of the Website will still be subject to the terms of this Agreement. We reserve the right to modify, suspend or discontinue our website and/or any content at any time without notice.
Ownership of Website Content and Permitted Use
All intellectual property rights in and to the Website and the Content belong to TRANSFLOW SERVICES LTD. or its affiliates (“TRANSFLOW SERVICES LTD.”, “we”) or to us. You may view the Content and print or save any portion of the Content for your personal and non-commercial use, provided that you do not modify any copyright or other proprietary notices on the Website, the Content or any Content. Notwithstanding the foregoing, music may not be copied except as necessary to access the Website. You may not reproduce (except as described above), publish, transmit, distribute, display, modify, create derivative works from, sell or in any way participate in the exploitation of any portion of the Website or the Content (in whole or in part). The Content is protected by law, including, but not limited to, Canadian copyright laws and international treaties, trademarks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved. The Content is for informational purposes only and should not be considered accurate, timely or suitable for any particular purpose. Any prices listed on the Site or in the Content are for informational purposes only and are not an offer to you.
Links to Third Party Sites
We do not endorse or guarantee the accuracy of the content, information or materials contained on any third party site. Links to these third party sites appear on this Site. These links are provided as a convenience to you. You access these links at your own risk. When you access these links, you will leave our Site and our terms and policies will no longer apply. TRANSFLOW SERVICES LTD. is not responsible for such third party sites or content and TRANSFLOW SERVICES LTD. has no control or authority over such third party sites.
Trademarks
“TRANSFLOW SERVICES LTD.” and any other trademarks, product names, logos, slogans and images are trademarks of Canada and other countries. They may not be copied, imitated or used without the prior written permission of Benchmark.
User Content
By posting or distributing any comments, messages, data and information (excluding any information you submit to us for employment opportunities, which we will process in accordance with our Privacy Policy), text, music, sound, photographs, charts, graphics or other content (“User Content”) to the Site, you (A) grant TRANSFLOW SERVICES LTD. and its designees a transferable, irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and promote and perform the User Content worldwide; (B) grant TRANSFLOW SERVICES LTD. and its sublicensees the right to use such User Submissions on behalf of such user, if they choose; and (C) represent and warrant that (i) you own and control the rights to the User Content that you otherwise post or distribute, or you otherwise have the legal right to post and distribute such User Content on or through the Site; (ii) the User Content is accurate and not misleading; and (iii) Use, publish, publish or transmit such User Content in any other manner that does not violate these Terms of Use and does not infringe upon the rights of any person or entity or cause damage to any entity.
User Content submitted by users is considered non-machine information and we have no obligation to treat such User Content as exclusive information. Without limiting the foregoing, we reserve the right to use User Content in any manner appropriate, including but not limited to deleting, editing, modifying, refusing to post or refusing to post. We have no obligation to pay compensation to you or the author of the User Content. However, if you determine that you retain moral rights (including rights of attribution or integrity) in your User Content, you hereby agree that: (A) you will not request that any personally identifiable information be merged, updated or modified with the User Content or derivative works thereof; (B) you will not object to the publication, use, modification, deletion or exploitation of the User Content by TRANSFLOW SERVICES LTD. or its agents; (C) you waive and will not assert or claim ownership of any User Content; and (DDD) you release TRANSFLOW SERVICES LTD. from any claims against TRANSFLOW SERVICES LTD. due to any moral rights. TRANSFLOW SERVICES LTD. is not responsible for any content posted, stored or uploaded by you or any user, or for any loss or damage resulting therefrom.
Prohibited or Unlawful Use
You represent and warrant that you will not use our website and/or the Content for any unlawful purpose or for any purpose prohibited by the Website Terms of Use. You agree not to provide your personal information, login information and password to anyone, and not to use our website and/or the Content in any way that could disable, damage, overburden or impair or interfere with any other person’s use and enjoyment of the Website or the Content. You may not misrepresent your user identity or submit any false, misleading or untrue information to our website. You agree not to collect or harvest other users’ email addresses or other contact information from the website for the purpose of sending spam. You agree not to retain any aspect of the website for engineering purposes or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the website or extract data. You agree not to “frame” or otherwise use the website to make it appear that you are affiliated with us or that we have identified you for any purpose. TRANSFLOW SERVICES LTD. reserves the right to refuse service, terminate accounts and/or cancel orders at its sole and unfettered discretion, including, without limitation, for any reason, if we believe that your use of the Site violates the provisions of applicable law or is harmful to the interests of TRANSFLOW SERVICES LTD.
Disclaimer and Limitation of Liability
The Site and the Content are provided for general information purposes only and are provided “as is” without warranties or conditions of any kind. Your use of the Site or the Content is at your own risk. We make no representations, warranties or conditions regarding the quality, accuracy, reliability, completeness, timeliness or currency of the Site or the Content and are not responsible for any errors, omissions or inaccuracies in the Site or the Content. Without limiting the foregoing, you acknowledge that TRANSFLOW SERVICES LTD. does not represent or warrant that the Site will be accessible on an uninterrupted basis or that the Site or the server that makes it available are free of errors, defects, design defects or omissions or free of viruses or other harmful components. TO TRANSFLOW SERVICES LTD BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR CONSEQUENTIAL, WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND CONDITIONS, OR THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, PENALTIES, EXPENSES, LIABILITIES OR OTHER LIABILITIES) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY … If these laws apply, the above or all of the disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights under these Terms.
Indemnification
You agree to defend, defend, and indemnify the Company, its subsidiaries, and their respective officers, directors, agents, and employees from and against all losses, actions, claims, damages, costs and expenses (including reasonable legal costs and expenses on a full indemnity basis) arising out of or in connection with your use of the Site, including any User Content on the Site (including any Content on the Site). This provision shall survive any termination of this Agreement and remain in full force and effect.
Privacy
Please review the practices set forth in our Privacy Policy. The terms of this Policy are incorporated herein by reference and also apply to your use of the Site. Any personal information you submit to us while using the Site will be used in accordance with our Privacy Policy.
Gear Review
TRANSFLOW SERVICES LTD. may from time to time monitor and review any information sent or received through our Site or its associated emails. TRANSFLOW SERVICES LTD. reserves the right to review, edit, delete or prohibit the transmission or acceptance of any information that we determine is in violation of the website’s terms of use. During monitoring, information may be inspected, recorded or copied, and your use of this website constitutes your consent to such monitoring and review. We are not responsible for any content you post or submit.
Purchases from TRANSFLOW SERVICES LTD Online Store
If you purchase products from TRANSFLOW SERVICES LTD’s online store, you hereby confirm that you have read and understood TRANSFLOW SERVICES LTD’s Terms and Conditions of Sale.
General
These Website Terms of Use and the agreements and policies referenced herein (the “Agreement”) represent the entire agreement between you and us with respect to the matters covered by this Agreement and supersede all other agreements and representations between you and us. If any provision of this Agreement is held irreplaceable for any reason, such provision shall be modified only to the extent necessary for enforcement and the remaining provisions of this Agreement shall remain in full force and effect. TRANSFLOW SERVICES LTD.’s failure to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breach. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and in accordance with the laws of that Province of Canada. Any action or proceeding arising out of or relating to this Agreement or your use of the Website shall be brought in the courts of the Province of British Columbia located in the Province of British Columbia, and you hereby acknowledge that the courts of the Province of British Columbia shall have jurisdiction for all such purposes.
Terms and Conditions of Sale
These Terms and Conditions of Sale apply to the TRANSFLOW SERVICES LTD. online store (the “Online Store”), located atstardealsmart.com and www.stardealsmart.com, and orders and sales transactions for products (the “Products”). The Online Store is owned and operated by TRANSFLOW SERVICES LTD. Inc. and its affiliates (hereinafter referred to as “TRANSFLOW SERVICES LTD.”, “we” or “us”). With respect to products you purchase from the Online Store, you agree that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing. These Terms and Conditions may change from time to time, and you agree to be bound by these Terms and Conditions when you place an order on the Online Store. By placing an order to purchase products, you agree to accept and be bound by these Terms and Conditions of Sale, whether or not you have read them. If you do not agree to these Terms and Conditions of Sale, do not proceed with your order. Please print and keep a copy of these Terms and Conditions of Sale for your records. Canadian residents with a Canadian mailing address may place orders, and we only ship products to Canadian municipal street addresses.
Online Store Orders
Order Process
In order to be able to purchase products from the Online Store, you must provide a shipping address. Some addresses are not eligible for product purchase and delivery, including PO Box addresses and freight forwarders. You will be required to provide information such as your name and address, telephone number, email address, payment details. You must have a valid credit card or Apple Pay account. You must be at least 18 years old to purchase products from the Online Store. You may (but are not required to) create a personal profile. Based on this personal profile, you can provide your billing and shipping address for future orders from the Online Store. You agree not to provide your personal information login information and password to anyone, and not to use our website in a manner that may disable, damage, overburden or impair or interfere with our website. You must not misrepresent your user identity. When you place an order, please ensure that the product you are purchasing is suitable for its intended use. When checking compatibility, please use the information provided in the online store as a reference, but we make no representations or warranties regarding the suitability or compatibility of any product or for any particular purpose. Although TRANSFLOW SERVICES LTD. takes care to ensure that advertising is accurate, errors or inaccuracies may exist. TRANSFLOW SERVICES LTD. reserves the right to correct errors or inaccuracies at any time and to change or update the information in the online store. To the extent permitted by applicable law, TRANSFLOW SERVICES LTD.
Prices
By clicking the icon to confirm your purchase at the end of the checkout process, you agree to the amount shown in the TRANSFLOW SERVICES LTD payment. The purchase price of the product is quoted in CAD dollars, plus additional shipping and handling charges, and an estimate of all applicable taxes. Your selected payment method will be charged the purchase price in CAD dollars plus shipping charges and applicable taxes. If the price is incorrect due to a pricing error, TRANSFLOW SERVICES LTD. I have the right to refuse or cancel any order for that product at my discretion and will notify you of the cancellation. Please note that the products in your shopping bag reflect the current price shown on the product detail page. Please note that this price may be different from the price displayed when the product was first placed in your shopping bag.
Acceptance, Rejection or Cancellation of Orders
You agree that your order submitted in the online store indicates your agreement to purchase the products listed in the order in accordance with these Terms and Conditions of Sale. All orders must be accepted by TRANSFLOW SERVICES LTD. We may choose not to accept any order, including if TRANSFLOW SERVICES LTD suspects that it is not made in good faith or in violation of applicable law. Upon receipt of your order and acceptance of your order, we will send an order confirmation by email containing your order number and details of the products you ordered. We will not accept your order and form a contract of sale between you and us unless you receive our order confirmation email. We reserve the right to cancel any order before delivery, whether before or after accepting your order. Upon cancellation, we will send a cancellation notice to the email you provided. If you cancel, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order. Once the product is shipped, we will charge the order for the amount specified in the email to confirm the order amount. We will not send the products to you until your card issuer authorises the use of your card to pay for or order the products. As your order confirmation email is your proof of purchase, you should save and print this document for future use. We retain all legal title to the products until all payments for the ordered products have been received. If our delivery service notifies you that we have attempted to send the ordered items to you but we are unable to deliver the ordered products, or if you provide us with an incorrect delivery address and the delivery package fails, the delivery package will be returned to us. If the items have not been delivered and are returned to us, you agree that we will assume that you have exercised your right to cancel the contract and we will return the products to you once we have received them, less any handling and delivery costs and reasonable additional costs incurred by TRANSFLOW SERVICES LTD.
Product Availability and Description
TRANSFLOW SERVICES LTD. reserves the right to change, suspend or discontinue production before or after accepting any order without liability or prior notice. Please note that in some cases, certain products may be out of stock even if the website shows that they are in stock. Adding a product to your shopping cart does not guarantee the availability of the product. TRANSFLOW SERVICES LTD. may change the prices listed on the Website at any time without notice. Such changes will apply price increases. The prices listed on the Website do not include any applicable taxes, shipping and handling charges. During the checkout process, applicable fees, taxes, shipping and handling charges will be added to the amount to be charged. Please note that although we have tried to accurately display the colors of the products, the actual colors you see will depend on your monitor and may not be accurate.
Limited quantities, not sold to dealers
TRANSFLOW SERVICES LTD. reserves the right from time to time to limit the quantity of products purchased on any basis it may, including per person, per household, per credit card or order. These limits may apply to orders placed under the same account and the same credit card, and also to orders using the same billing and/or shipping address. If such limits apply, we will attempt to notify you of such cancellation or rejection. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or intended for any resale. The Online Store is purchased by users of our products and may not be sold to dealers, resellers or distributors or used for commercial purposes. For the purposes of these Terms of Sale, resale is defined as the purchase or intended purchase of any product from TRANSFLOW SERVICES LTD. The Online Store is intended for the sale of the same product to a third party or for sale and shipping outside of Canada or outside of the United States.
Return Policy
We will accept returns of unwashed, unrepairable or defective products as long as you follow our return instructions. These products must be accompanied by the original tags, user manuals and any free gifts and in the same packaging as when purchased from the website. In addition to the above, returns of shoes must include the complete set of shoes (including both laces), dust bag and physical box. You may return the product within 30 days of the order date with the original receipt and original form of payment for a full refund. Any shipping charges for the original order are final and will not be refunded.
Return Instructions:
Fill out the return form on your packaged order.
Please contact us at +7783881058. We will ask you a few questions related to your return and then confirm your Return Material Authorization Number (“RMA”) with UPS or Fedex. You cannot return the product without the corresponding RMA.
Pack the product and go to your local UPS office. Provide them with your RMA#. They will then ship the product to our facility. Make sure the UPS representative scans the box to ensure tracking during transit. TRANSFLOW SERVICES LTD.
The postmark date on the package containing your return must be within 30 days of the order date.
Once the package is received, it will take at least 5-7 days for our facility to process your return. Please allow more time during holidays.
Our doctors can be reached at +7783881058, Monday through Friday, 9am to 5pm (IST). We reserve the right to refuse the return, refuse to refund, or deduct our reasonable maintenance costs or other similar direct expenses from the refund if you fail to comply with the terms and conditions related to returns.
Personal Information
Our Privacy Policy and the additional terms in these Terms and Conditions of Sale govern the use of personal information that we may collect, use or disclose. Purchasing products in the online store requires you to accept TRANSFLOW SERVICES LTD.’s Privacy Policy and consent to the collection, use and disclosure of personal information as described in our Privacy Policy.
Liability
We strive to be as accurate as possible and to eliminate errors on the website; however, we do not guarantee that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or erroneous. In the event of an error, whether on the website, order confirmation, order processing, delivery of products or services or otherwise, we reserve the right to correct such error (price) or cancel your order and refund any amounts charged. In the event of such an error, your sole remedy is to cancel your order and obtain a refund.
These Terms and Conditions of Sale set out all obligations and liabilities for the products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms other than those expressly described in these Terms and Conditions of Sale. In particular, we are not responsible for ensuring that the products are suitable for you. In no event shall we be liable for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, costs, expenses, penalties or other liabilities) arising out of the use or otherwise of the articles, materials, product information, data and other information listed on the products, website or the website (the “Content”), whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not we are advised of the possibility of such damages.
Some laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, the above or all disclaimers, exclusions or limitations may not apply to you, and you may have additional rights under these Terms.
Website Terms of Use and Privacy Policy
You hereby acknowledge that you have read and understood the Website Terms of Use and Privacy Policy of TRANSFLOW SERVICES LTD.
General
These Terms and Conditions of Sale (this “Agreement”) and the Website Terms of Use and Privacy Policy represent the entire agreement between the parties with respect to the purchase of products and supersede all prior agreements and representations between the parties. If any provision of this Agreement is held to be irreplaceable for any reason, such provision shall be modified only to the extent necessary for enforcement, and the other provisions of this Agreement shall remain in full force and effect. The waiver by TRANSFLOW SERVICES LTD. of a breach of this Agreement by you or others shall not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breach. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. Any action or proceeding arising out of or relating to this Agreement or your use of this Website shall be brought in the courts of the Province of British Columbia located in the Province of British Columbia, and you hereby acknowledge that the courts of the Province of British Columbia shall have jurisdiction for all such purposes.
Advertising, Marketing and Analytics Activities
Email Marketing Communications – Our email marketing will include newsletters and information about us, our Website, our products and services, any events we may host, and discounts and promotions we may offer from time to time. Our marketing communications will include both personalized and non-personalized marketing. Personalized marketing is tailored to you and will include content that we think is most relevant to you based on what we know about you. Non-personalized marketing is marketing that is not tailored to you.
Online behavioral advertising – We and our third-party partners may use your personal data and other data collected through your use of third-party websites and services (including other platforms described in the “Social Media and Social Media Reframing” section) to provide you with personalized advertising and analyze its effectiveness. By “personalized advertising,” we mean advertising for products and services that you have shown an interest in while using our website, or that may be of interest to you based on your browsing habits, but our third-party partners may use the collected data to display personalized advertising for products and services provided by third parties.
These vendors may collect information about your visit to the website and your interactions with our products and services. These vendors may place and access their own cookies, tags, web beacons, or similar technologies on the computer or device you use to access the website in order to provide you with personalized advertising or other content based on your interests (“interest-based advertising”). In addition to information about your visit to our website, these vendors may also use information about your visits to other websites to advertise products and services provided by TRANSFLOW SERVICES LTD.
As described in the “Cookies and Interest-Based Advertising” section below, you can later set your browser to reject cookies. In this case, you may still receive online advertising, but it may be less personalized.
Social Media Retargeting – If we serve you ads on social media and other platforms, we share your email address (usually encrypted or “later”) with third-party advertising partners or social media platforms and other service providers, such as Facebook, Google and other similar platforms (“Social Platforms”) so that the third-party providers can attempt to “match” your data with the registered user data on their Social Platforms. By providing Social Platforms with a mapped list of email addresses or incorporating the Social Platforms’ pixels into our own websites/services, Social Platforms match our data with common factors between data collected through cookies or pixels. For example, we may integrate a Facebook pixel on our websites/services and may share your email address with Facebook when we use Facebook Custom Audiences. If a match is successful, we will show you our ads when you use the relevant social platform (for example, on your Facebook News Feed). This is called “custom audience” advertising because we “customize” the audience we want to reach using the relevant services. Some of the ads you see may be tailored to you. For more information about these social platforms and our partners, please see the cookies section.
We will also provide your personal data to the social platforms if we advertise to others with similar interests and characteristics to you. If you are a user of these social platforms, we may ask the social platforms to find other registered users with similar interests and characteristics to you, which will be based on the third party’s information about you and other registered users. This is called “lookalike” audience advertising because we try to show our ads to people who “look like” you.
Please note that such activities are also affected by your privacy choices with these third-party services.
As a service provided by the relevant social platform, in other cases, it may be the controller of the personal information collected when you use our social media pages and may use the personal information independently for other purposes. For more information on how the relevant social platform uses your personal information and how to request deletion of personal information collected by these social platforms, please see the privacy policy of the relevant social platform.
You can also control how your personal information is used for advertising purposes by visiting https://stardealsmart.com
In addition, as described in the “Cookies and Interest-Based Advertising” section below, you can set your browser to reject cookies later. In this case, you may still receive online advertising, but the level of personalization may be reduced.
Measurement – We also use other tools provided by such social platforms and other advertising partners to serve and measure advertising to you in different ways, including search management platforms to manage advertising campaigns, understand how you interact with us (including on relevant social platforms) using interactive analytics services, let us know if you purchase products on social platforms or have otherwise purchased products from you, and tools we provide to you for advertising when you search on social platforms or other third-party websites. Such activities may involve transaction data between you and social platforms and other advertising partners in addition to your distribution address. For more information about the advertising partners and social platforms we use, please see our cookies.
Transfer of Data
Please note that we transfer information to other parties as described in this Privacy Policy across international borders and from your country or jurisdiction to other countries and jurisdictions around the world, including the United States. Therefore, your personal information may be transferred to, stored, and/or processed on servers in these other countries, including these other countries.
If you are a resident of British Columbia, this means that your personal information may be transferred outside of British Columbia. This also means that your personal information may be transferred or disclosed to service providers outside of British Columbia.
Therefore, by using the Site/Services or providing any information to us, you consent to the transfer, processing, use, sharing and storage of information about you in other locations where the laws regarding data collection and use may differ from your approach to data protection.
