Terms and conditions

This agreement applies to and between you, the User of this website and The Stardust Experience (https://www.thestardustexperience.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this website. We like to ensure you are comfortable when using our website but If for any reason you do not agree to be bound by these Terms and Conditions, we regret but you must stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website or ordering our service (the "Service") provided by The Stardust Experience ("us", "we", or "our").

 

In this Agreement “you” and “your” refer to our customers and prospective customers and users of our website and services, “we”, “company”, “us” and “our” refer to The Stardust Experience or https://www.thestardustexperience.com and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the users/customers and ourselves, or either the user/customer or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect to the provision of the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

 

Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

 

By using https://www.thestardustexperience.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

 

Unauthorised access
It is unlawful to try and gain unauthorised access to this website, its servers, or any computer or database connected to this website. This is a user friendly and a very accommodating website, you should, therefore, avoid attacking the Site via a denial-of-service attack or a distributed denial-of-service attack. 

If you do this, we will be forced to report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we will be forced to stop providing any further service to you.

Whilst we do all we can to ensure users are well protected and do not suffer any loss or harm, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. We advise all users to adequately protect their computers by using up-to-date anti-virus.

 

Our Services

The Stardust Experience provides ghost-writing service for children’s story ideas. If you have an idea for children’s storybooks, illustrated poems, short stories, mobile app or games and you need content, The Stardust Experience is the service provider you require. We bring your ideas to life!

We offer services from educational writing, comedy sketches, augmented reality books/scripts, YouTube Scripting, and many more. You can find out more about our services by clicking on https://www.thestardustexperience.com/services

 

Order Process

 Once you have perused through our website and found the services you require, kindly select this service with the extras you require. Once you have selected the service applicable to you, you will be directed to the cart/basket. You can either make your purchase as a guest or register on our website as a subscriber (this is advisable for convenience on future orders and to enjoy some of our extra services/discounts). If you are unable to find your required service or wish you ask further questions on any service(s) provided on the website, you can contact us by filling our contact form, simply click on https://www.thestardustexperience.com/contact

 

Once an order is made and payment is completed, an automated email with a link to a consultation form will be sent to the email provided when you were making your order or setting up your account with us. The consultation form will ask a few questions and cover everything we need to know about your story or idea. Once we receive the consultation form, we will either contact you to clarity on the information provided or send you an outline of the content for your book/script/poem or any order made from us. Once you approve of this outline, we will go ahead with writing the content (this usually takes about 7-14 days, but this is an estimate and could take longer). Once the order has been finalised and submission is made, we will send the final products to your email.


Non-Disclosure Agreement (NDA)

All products come with a non-disclosure agreement (NDA) which will be available from the moment you make a purchase. The NDA is to ensure confidentiality of your ideas and any other agreement between us. We agree not to divulge, disclose, use or permit the use of your idea for any purpose other than for the provision of services to you as described herein this agreement or as may be agreed by us. (Preview NDA)

 

Payments

In consideration of the services provided, you will be required to make payments via your credit/debit card, PayPal or other payment methods provided on the website. This total amount at the checkout shall be based on the service you opt for or select. All payments must be made up-front before the commencement of service. Once payment has been made, we will provide you with an NDA and send an automated email with consultation form to find out more about your order.

 

Should you require extra services beyond that which was stated in your order or purchase, we have the right to charge an extra in such circumstance. Any additional fee/charge shall be communicated to you in writing before the commencement of service.

 

When making an order on the website, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your phone number, house address, email address, card details and any such information needed by us for you to complete payments. 

 

Unable to process payment

If at any time we are unable to withdraw the required payment from your bank account or bank card or PayPal, we shall not render the service until payment is made. If we incur any fees in our attempt to take payment from your bank account or card, we shall add this fee to the payment you are already owing which shall become payable immediately.

 

Refund and Cancellation Policy

We pride ourselves in providing good and quality service to our customers. Every aspect of our service is streamlined and designed to meet the individual needs of each customer and deliver efficiency, quality and satisfaction. 

We do not offer refunds or cancellation once an order has been placed and payment is made. Notwithstanding the foregoing, if you are unsatisfied with the services provided or will like to make changes, we provide for a number of revisions per order. The number of permitted revisions shall be described in your order or package you selected. Once the order has been finalised and submission is made, we cannot make any further revisions. To make any revision/adjustment/changes, you can purchase additional revisions.

 

Fraudulent Transactions 
In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details we have about you, card authentication and any communications through or related to the website and services previously ordered. Falsely making any such fraudulent claims can result in your card being blacklisted which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
 

Intellectual Property

Subject to other terms in these Terms and Conditions, all Content included on this website, unless uploaded by other customers (such as comments or reviews by customers), including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of The Stardust Experience (https://www.thestardustexperience.com) and our affiliates or other relevant third parties. By continuing to use the website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on the website or unless given express written permission to do so by us.

Service(s) rendered under this website shall be considered as work for hire. Thus, it is expressly agreed that The Stardust Experience is acting as an independent contractor and not as an employee. The agreement between you and The Stardust Experience does not create a partnership or joint venture or a franchise and is exclusively a contract for service.

Upon final payment by the client and approval of the content, all such copyrights to the contents written by The Stardust Experience will be transferred/assigned to the customer. Thus, the customer shall own, exclusively and in perpetuity, all rights and related assets to the content in whatever kind and character, throughout the universe and in any and all languages.
 

Links to Other Websites

This website may contain links to some websites. Unless expressly stated, these websites are not under the control of The Stardust Experience or that of our affiliates/licensees. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.
 

Use of the Website

When using the and our service, you shall act in accordance with the following rules:

a)    It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

b)    The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

c)    You must be polite to our staffs, you shall not use any swear word or make any racist, offensive, sexist, threatening words towards them;

d)    You must not use our website for illegal activities;

e)    You must not provide or share pornographic or illicit materials on this website;

f)      You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without our prior written consent;

g)    Any attempts to publish or send malicious content with the intent to compromise this site or other user’s computer environment is strictly prohibited;

h)    You must not violate these terms;

i)      You must not use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

j)      You must not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

k)    Use the Site or our application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content or our application and its contents; 

Setting up an Account

To use our website/services, you may to sign up or set up an account with us which will contain certain personal details and Payment Information. In creating your account and continuing to use this Website, you represent and warrant that:

a)    all information you submit is accurate and truthful;

b)    you have permission to submit Payment Information where permission may be required; and

c)    you will keep this information accurate and up to date.

It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Stardust Experience immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.  

 

Termination and Cancellation

We may terminate our service with you If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. Should we terminate your service due to a breach of the agreement by you, we shall not issue a refund. 

If you wish to terminate or cancel your service with us after placing an order, please be advised that while this is possible, all payments made are non-refundable.

 

Our responsibilities/Warranties

Your safety when using our website is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our Website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.

We will do our best to maintain the operation of the website for the Service(s), however, we may need to temporarily suspend the website for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Site as soon as reasonably possible after any suspension.

If we cannot do what we have promised in these Terms because of something beyond our reasonable control (earthquake, typhoon, flood, fire, acts of God, and war or any other unforeseen and uncontrollable event), we will not be liable for this. We shall find a reasonable time where possible to provide services after the unforeseeable event/situation has passed. If for whatever reason we are unable to provide services herein this agreement due to or negligence or omission, we shall duly refund your money.

We warrant that we will take all reasonable care in performing our duties to you. We also warrant to deliver the service at the due time as agreed by the parties. We, however, make no warranty or guarantee that such service(s) will always meet your requirements or be fit for a particular purpose. In the event of any dissatisfaction or faults with our service, we shall only be liable to make revisions or modify the service accordingly. 

Indemnification

 

You agree to indemnify and defend The Stardust Experience, its parents, subsidiaries, affiliates, any related companies, licensors and partners, their officers, directors, employees, agents and representatives harmless, for liabilities or losses including costs and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of third party intellectual property or terms, (iii) any contributions/donations made by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity. The Stardust Experience reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of The Stardust Experience. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers

 

We do not make any warranty or representation that the website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Service or Services mentioned on our website.

Whilst every effort has been made to ensure that all descriptions of Services available on our website correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.

Whilst we do our best to ensure this website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their own security, that of their personal details and their computers.

 

Third-party websites with links from the Site have not been verified or reviewed by The Stardust Experience. Except otherwise stated, use and access of such third-party websites are made at your own risk.

Modification of Service and these Terms and Conditions

The Stardust Experience reserves the right to modify this website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.  If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.

 

Limitation of Liability 

To the maximum extent permitted by law, The Stardust Experience accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website, any information contained therein or the use of our service. Users should be aware that they use our service and this website at their own risk. We accept no liability for any disruption or non-availability of this website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

·        any incorrect or inaccurate information provided by you when filling in any details on this website, the consultation form or any inaccurate information provided by you to us; 

·       any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the website;

·        Your infringement of third-party intellectual property rights;

·        any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's mobile device, computer equipment, software, data or other property caused by user’s accessing, using or downloading this website, or from transmissions via emails or attachments received from The Stardust Experience or its licensees;

·        any writing or content that does not meet your expectation.

No Waiver

Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

Resolving disputes

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator as may be agreed upon by the parties.  Any such mediation and arbitration fees shall be borne by the party bringing a claim.

 

Law and Jurisdiction

These Terms and Conditions and the relationship between you and The Stardust Experience shall be governed by and construed in accordance with English laws and you agree to submit to the exclusive jurisdiction of the English courts.

 

Entire agreement

These Terms, the Privacy Policy, and any other agreement contained on our website or agreed by the parties constitute the entire agreement between you and The Stardust Experience.

 

How to contact us

If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protections rights, please do not hesitate to contact us on our contact details provided on our website or simply click on https://www.thestardustexperience.com/contact.

 
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   © 2020 The Stardust Experience

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