USER AGREEMENT

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1. Acceptance of terms of this Agreement:

 

(i) By using, accessing or opening the website http://www.souldeal.in/, hereinafter referred to as the WEBSITE, you, the user or customer, unconditionally agree to the terms and conditions for use and access of the WEBSITE contained in this Agreement and accept to be bound by the same.

 

(ii) This Agreement is made between SOULDEAL PRODUCTS AND SERVICES PVT. LTD., having its registered office at #563, C-Block, AECS Layout Main Road, Brookefield, Marathahalli, Bangalore - 37, India (which shall include, as the context may admit or require, in this document, ‘us’ ‘we’ ‘our’) and the USER, (which shall include, as the context may admit or require, in this document, ‘you’ ‘your’ ‘customer’).

 

(iii) You shall read the terms and conditions carefully before using the WEBSITE and then proceed to use the WEBSITE if you are in acceptance of the terms of this Agreement. If you use the WEBSITE, it will be deemed that you have read, understood and agreed to the terms and conditions of this Agreement and accepted to be bound by it.

 

(iv) If you do not agree to the terms and conditions contained in this Agreement, you shall refrain from using or in any way accessing the WEBSITE.

 

(v) The terms and conditions of this Agreement may be revised, amended or updated by us from time to time, as the need may arise and it shall come into force the moment it is uploaded on the WEBSITE. Should you choose to use or access the WEBSITE after any change in the terms and conditions, you agree to be bound by such changed terms and conditions.

 

(vi) You shall use or access the WEBSITE only if you are at least 18 years of age. If you are below the age of 18, you are not authorized to use or access the WEBSITE, on your own capacity, as you are by law incapable of accepting the terms of this Agreement.

 

(vii) Any other incapability which by the law will prevent you from entering into any agreements or contracts shall also prevent you from agreeing to the terms and conditions of this Agreement.

 

(viii) We reserve the right to deny or terminate your access to the WEBSITE without notice, on reasonable grounds, as per the terms and conditions of this Agreement and also to prevent you from making any purchases thereof.

 

2. Accessibility of the WEBSITE:

 

(i) We shall do our best to keep the WEBSITE up and running at all times and provide you the best online service experience.

 

(ii) However, sometimes there may be interruptions in service for reasons that are beyond our control and also for other reasons including, but not limited to, routine maintenance. You acknowledge that the access to the WEBSITE may be interrupted, suspended or terminated from time to time both for reasons within and beyond our control.

 

(iii) The WEBSITE may be accessed from any form of electronic device that provides connectivity to the Internet. You acknowledge that we are not responsible or liable for providing any electronic device to you for accessing the WEBSITE and you are solely liable for the expenses incurred by you in procuring such devices and also any expense incurred due to damage or malfunction of your device resulting from the use of the WEBSITE.

 

(iv) You shall acknowledge that we also have the right to change or discontinue any aspect or feature of the WEBSITE, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

 

(iv) You shall acknowledge that we also have the right to change or discontinue any aspect or feature of the WEBSITE, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

 

3. Our services:

 

(i) You acknowledge that we are a new generation e-commerce and a unified market place for sale of Holistic Products and Holistic Services for purchasers all over and within the Republic of India.

 

(ii) The WEBSITE and all the products and services offered for sale are directed solely at those who access the WEBSITE and make purchases from within the Republic of India. We make no representation that any products or services that are offered by us are available for users outside the Republic of India. If you choose to access the WEBSITE or make any purchase from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.

 

(iii) You shall acknowledge that we are only a portal or platform for displaying and advertising the products and services to be offered by the Vendors and Service Providers for sale and that we are in no way a representative or an agent of the Vendors or the Service Providers.

 

4. User conduct:

 

(i) You shall not use or permit anyone else to use the WEBSITE:

 

 a) To send or receive any information for which you have not obtained all necessary license and/or approvals from us; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to any law or infringe the rights of any third party;

 

 b) To send or receive any material which is harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

 

  c)  To intercept or attempt to intercept any communications transmitted by way of a telecommunication system; or

 

  d)  For any fraudulent purposes.

 

(ii) You may ‘write a review’ or ‘start a discussion’ on the WEBSITE and we shall have the right, but not the obligation, to monitor the same and remove any content, without notice, in such review or discussion posted by you if such content is abusive, defamatory, unlawful, threatening, invasive of privacy or publicity rights, obscene, vulgar or offensive. Should any civil liability arise due to any material or content that you post, you will be solely responsible and liable for the same and you shall also be liable to indemnify us if we suffer any loss or incur any expense in that regard.

 

(iii) Further, you shall not in any way copy, alter, modify or change any material, content, description, photographs or even the arrangement of material posted on the WEBSITE by us or even make attempts thereof. You shall also not, without our prior written permission or approval, post any material or content which contains any advertisement or solicitation in any form with respect to any products or services.

 

(iv) Any conduct by you that in our exclusive discretion is in breach of the terms of this Agreement or which restricts or inhibits any other user from using or enjoying this WEBSITE is strictly prohibited. You shall not use this WEBSITE to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other users of this WEBSITE to become users of other online or offline services directly or indirectly competitive or potentially competitive with our services.

 

 

5. Terms determining the mode of transaction for Products:

 

(i) All payments in respect of the products intended to be bought by you shall be made to us electronically by means of Debit or Credit cards or any other means as provided for by us.

 

(ii) The mode in which the transaction will occur and the terms and conditions binding each transaction are as detailed below:

 

 a) You may place an order for purchasing a product and shall make the necessary and adequate quoted payment to us, which payment includes the shipping charges. The price shown against each product is the total sum you will have to pay for that product and there are no other hidden charges.

 

 b) As and when you place an order for purchase of product with us, we will communicate the details of the order including the product details, quantity details and shipment details (including the address provided by you for delivery) to the Vendor, and the Vendor will arrange for delivery of the product to the address provided by you and it will be delivered to you within a reasonable period of working days, as approximated by the Vendor, depending on the Courier Service.

 

 c) The Courier Service will intimate us and the Vendor of the delivery of the product to you and thereafter we shall inform you of the notice of delivery through E-mail on the same day.

 

 d) If the Product is not delivered to you on the day of receipt of E-mail from us informing you of the notice of delivery or if the product is damaged or if the quantity delivered is incorrect or insufficient, the same should be intimated to us by you as detailed below:

 

 (i) For all products listed under “Personal Care” and “Organic & Natural”, within 3 working days from the date of receipt of such E-mail or delivery of the product as the case may be.

 

 (ii) For all products listed under “Wellness” and “Books & Media”, within 7 working days from the date of receipt of such E-mail or delivery of the product as the case may be.

 

 e) If you have informed us, within the stipulated time, that the product has not been delivered or that the product is damaged or that the quantity delivered is incorrect or insufficient, and on enquiry it is found that in fact the product has not been delivered or that the product delivered is damaged or that the quantity delivered is incorrect or insufficient, you may opt for any one of the following actions:

 

  (i) You may opt for refund of payment only in cases of non-delivery or delivery of damaged product and the payment shall be refundable to you in whole, provided that you return the damaged product to the address of the Vendor along with the invoice that was issued to you relating to the transaction; or

 

  (ii) You may opt for replacement of product only in cases of non-delivery of product or delivery of damaged product and the replacement shall either be of the same product or with any other product of the value of the payment (including the shipping charges) already made to us, whichever you may opt for.

 

  (iii) In cases where the quantity of the product delivered is incorrect or insufficient, you shall be reinstated with the actual quantity of the product that you had ordered and there shall be no refund or replacement.

 

  (iv) In case one or some of the products out of the total quantity delivered are damaged, then for such damaged products the terms and conditions stated in Clauses (i) and (ii) of 5 (ii) (e) shall apply.

 

 f) If you intend to cancel your order or purchase, then the following terms shall apply in the respective circumstances:

 

  (i) If you cancel your order before shipment (before the goods are put in transit), then the entire amount shall be refunded to you and the transaction shall be cancelled.

 

 (ii) If you want to cancel your order after shipment (after the goods are put in transit), then you shall refuse to accept or take delivery of the goods and thereafter once the Courier Service has delivered back the goods to the Vendor, the amount shall be refunded to you by deducting the shipment charges incurred by the Vendor corresponding to the shipment of your order and the transaction shall be cancelled.

 

 g) If on enquiry or by any other means it is found that the quantity delivered to you is in excess of the actual quantity ordered, then

 

  (i) You may retain the excess quantity delivered to you by making the necessary additional payment to us and we will issue another invoice corresponding the additional transaction; or

 

  (ii) You may return the excess quantity delivered to you and in such cases the Vendor shall arrange for having the excess quantity returned and bear all the expenses thereof.

 

6. Terms determining the mode of transaction for Services:

 

  (i) All payments in respect of the services intended to be bought by you shall be made to us electronically by means of Debit or Credit cards or any other means as provided for by us.

 

  (ii) The mode in which the transaction will occur and the terms and conditions binding each transaction are as detailed below:

 

  a) You may place an order for purchasing a service and shall make the necessary and adequate quoted payment to us.

 

  b) As and when you place an order for purchase of service with us, we will issue a Voucher and paste on it a unique Voucher Code, supplied by the Service Provider, and post it to the address provided by you and it will be delivered to you within a reasonable period of working days depending on the Postal Service. The Postal Service will intimate us of the delivery of the Voucher to you and we will inform you of the notice of delivery through E-mail on the same day.

 

  c) However, if the Voucher is not delivered to you or if the Voucher is damaged, the same should be intimated to us by you within 4 working days from the date of receipt of E-mail from us informing you of the notice of delivery.

 

  d) The Voucher shall be valid for a period of 3 (Three) months and the validity period shall begin from the date of its delivery to you.

 

  e) Once the Voucher is delivered to you, you shall communicate with the Service Provider and book an appointment for procuring the services covered by the Voucher on a convenient date suiting both you and the Service Provider, within the validity period of the Voucher.

 

  f) The Service Provider will intimate to us the booking of appointment by you and the date on which such appointment has been fixed for performance of services and thereafter we shall inform you of the notice of booking of appointment through E-mail on the same day and the Voucher shall be deemed to have been used.

 

  g) However, if you have not in fact used the Voucher/booked an appointment, you shall inform us through E-mail that you have not used the Voucher/booked an appointment with the Service Provider, within 2 working days from the date of receipt of E-mail from us informing you of the notice of booking of appointment.

 

  h) On the day of appointment for performance of service, if you procure the service, the Service Provider will intimate the performance of service to us and we will inform you of the notice of performance of service through E-mail on the same day.

 

  i) However, if you have not in fact procured the service, you shall inform us through E-mail that you have not procured the service from the Service Provider, within 2 working days from the date of receipt of E-mail from us informing you of the notice of performance of service.

 

  j) If you have informed or intimated to us that the Voucher is not delivered or damaged, within 4 working days from the date of receipt of E-mail from us informing you of the notice of delivery, and the Voucher has been genuinely found to be not delivered or damaged, you may opt for one of the following actions:

 

   (i) You may opt for refund of payment and the payment shall be refundable to you in whole.

 

   (ii) You may opt for substitution of the Voucher and a fresh Voucher with a new Voucher Code shall be issued to you either,

 

     (a) Covering the same services as included in the earlier (lost or damaged) Voucher; or

 

     (b) Covering additional services on payment of appropriate quoted price along with services already covered by the earlier (lost or damaged) Voucher.

 

 k) If you have informed us that you have not booked an appointment or used the Voucher, within 2 working days from the date of receipt of E-mail from us informing you of the notice of booking of appointment, and upon enquiry it is found that appointment has not been booked or the Voucher has not been used,you will be granted 3 working days grace period beyond the stipulated validity period to book your appointment with the Service Provider.

 

 l) If you intend to cancel or abort the service or Voucher before booking an appointment with the Service Provider, you shall intimate the same to and the payment shall be refundable to you by deducting a sum of Rs. 25/-.

 

 

 m) If you have informed us that you have not procured the service, within 2 working days from the date of receipt of E-mail from us informing you of the notice of performance of service, and upon enquiry it is found that the service has not been procured by you, you shall be given 5 working days grace period, which will be notified to you by us through E-mail and the grace period will begin from the date of receipt of the E-mail thereof, to book an appointment with the Service Provider for procuring the services.

 

 n) If you intend to cancel or abort the service or Voucher after booking an appointment with the Service Provider , you shall intimate the same to us 48 hours prior to the time of your appointment with the Service Provider and the payment shall be refundable to you by deducting a sum of Rs. 50/-.

 

 o) However, if you fail to cancel or abort the service or Voucher 48 hours prior to the time of appointment, then for any cancellation made at any time thereafter, the refund will be made to you by deducting 50% of the total price paid by you to us

 

 p) If you intend to postpone your appointment with the Service Provider, then you shall notify the same to the Service provider within a reasonable time and the appointment may be postponed to a further convenient date according to your consensus with the Service Provider. The Service Provider shall thereafter inform us of the date to which the appointment has been postponed and we will send you an E-mail confirming such postponement. The first postponement shall be free of cost and thereafter every subsequent postponement shall be subjected to such reasonable charges as the Service Provider may impose and in case any such additional charges for postponement are levied, such amount shall be paid to the Service Provider by you at the time of redeeming the Voucher.

 

 q) If you intend to cancel or abort the service or Voucher after postponing your appointment with the Service Provider and in case any additional charges have been levied for such postponement, you shall intimate the same to us and the payment shall be refundable to you by deducting a sum of Rs. 100/- and the additional charges levied for postponement.

 

 r) In all cases where you opt for refund, you shall deliver back the Voucher (damaged or otherwise, except where Voucher was not delivered to you) to the address of the Service Provider and only on receipt of the Voucher any refund will be made. If you fail to deliver back the Voucher no refund will be made.

 

7. Standard Terms and Conditions for Products and Services:

 

 (i) We have tried and done our best to pick out the best and reputed Vendors and Service Providers who are carrying on their business legally and bear promise of delivering high quality products and services. However, we shall not be responsible for the quality of products or services provided by the Vendors or Service Providers, and the same shall be their sole responsibility.

 

 (ii) The Vouchers issued by us are redeemable in their entirety only and may not be redeemed incrementally.

 

 (iii) The Vouchers can be redeemed only after due verification including, without limitation, matching the unique identification number provided to you at the time of purchase of Vouchers or proof of identity or any other information which is necessary.

 

 (iv) Neither the Service Provider nor are we responsible for lost or stolen Vouchers or the reference number mentioned on it. The Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Vendor or Service Provider.

 

 (v) Reproduction, sale or trade of our Vouchers is strictly prohibited.

 

 (vi) Any attempted redemption not consistent with these terms and conditions will render the Voucher void and invalid.

 

 (vii) The Voucher will expire on the date specified on it.

 

 (viii) The Vendors and Service Providers will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to and shall abide by those terms and conditions. The responsibility to do so is yours alone.

 

 (ix) The term ‘Force Majeure’ shall, for the purposes of this agreement, mean any ‘Act of God’ that adversely affects either the Vendor’s/Service Provider’s or our ability to perform respective obligations under this agreement and in case of occurrence of any such events, the inability to perform the obligation by either party shall be conveyed to you in some or the other manner within a maximum of 15 (Fifteen) working days of the occurrence of the event and if the event or any of its repercussions subsist for a period of 90 (Ninety) working days from the date of occurrence, then such obligations shall not be required to be performed during the said period and neither party shall be held liable in any manner whatsoever.

 

 (x) We are not acting in the capacity of an agent or representative of the Vendors or the Service Providers and all information, details, descriptions relating to the products and services are exclusively and solely the representations and responsibilities of the Vendors and Service Provider. We are in no way answerable, responsible or liable for any misdescription, misrepresentation or falsehood in the information supplied by the Vendor or Service Provider and they themselves will be solely responsible and liable for it.

 

 (xi) Any typographical error, grammatical error or mathematical error made on the WEBSITE shall not bind us to any liability. In the event of occurrence of any such errors by oversight and if noticed by you, you shall intimate the same to us and all necessary changes, alterations and modifications shall be made by us immediately.

 

8. Intellectual Property Rights:

 

 (i) All intellectual property rights including all Copyright, Patents, Trade Marks, Service Marks, Trade Names, Designs etc., whether registered or unregistered, in the WEBSITE, any database operated by us and all the WEBSITE design, text and graphics, photos and their arrangement, and all software compilations, underlying source code and software shall remain our property and you shall not obtain any title to any such intellectual property and shall not make attempts thereof. All rights are reserved.

 

 (ii) None of the material listed in the preceding clause may be reproduced or redistributed or copied, distributed, republished, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and use such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the WEBSITE without our permission.

 

 (iii) All rights, including goodwill and also the Trade Mark, in the name ‘SoulDeal’ are owned by us. Other product and company names mentioned on the WEBSITE are the Trade Marks of their respective owners.

 

 (iv) The title, ownership rights and intellectual property rights in and to the content accessed using our WEBSITE is the property of the applicable content owner, Vendor or Service Provider and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.

 

 (v) The Service Providerrepresents and webelieve in good faith that all the information supplied by the Service Provider,including the descriptions, images and expressions relating to the services, belong absolutely to the Service Providerand that the Service Providerhas the right to use or make copy of such information and also has the right to license the use of such information to us. Shouldany legal issue arise relating to infringement or unauthorized use of material or information supplied by the Service Provider, the Service Providershall be solely liable and responsible for all the consequences thereof and the Service Providershall also be liable to indemnify usfor all losses, costs and expenses incurred thereof by us.

 

 (vi) Any material that you transmit or post to the WEBSITE or otherwise to us, shall be considered non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from any source whatsoever, i.e. via email, the WEBSITE or otherwise, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute any such material.

 

 (vii) All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the service or the WEBSITE; (hereinafter called "Expressions") shall be deemed to be and shall remain our property and you hereby assign to us all intellectual property rights in such Expressions. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Expressions of every kind and shall be entitled to unrestricted use of the Expressions for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Expressions.

 

9. Disclaimer of Warranty and Limitation of Liability:

 

 (i) You acknowledge that the WEBSITE is made accessible on an “as is” basis without warranties of any kind and you also expressly agree that you use the WEBSITE at your sole risk. We do not warrant that the use of the WEBSITE will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from use of this WEBSITE or the accuracy, reliability or content of any information, service or merchandise provided through the WEBSITE.

 

 (ii) We do not give any warranty that the WEBSITE is free from viruses or anything else which may have a harmful effect on any technology.

 

 (iii) We reserve the right to change, modify substitute, suspend or remove without notice any information, Voucher, product or service from the WEBSITE from time to time. Your access to the WEBSITE may also be restricted sometimes to allow for repairs, maintenance or the introduction of new facilities or services. We will make our best attempts to restore such access as soon as we reasonably can. We take no responsibility with regard to functionality, which is dependent on your browser or any other third party software to operate.

 

 (iv) This disclaimer of liability applies to any damages or injury, regardless of the duration, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

 

 (v) We shall not be liable, in any event, for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the WEBSITE and you hereby acknowledge that the provisions of this Clause shall apply to all content on the WEBSITE.

 

 (vi) Nothing in this Agreement shall exclude or limit our liability for fraud, death or personal injury caused by our breach of duty, or any other liability which cannot be excluded or limited by applicable law.

 

10. Third Party Content:

 

 (i) Similar to an Internet Service Provider, we are only a distributor and not a publisher of content supplied by you or any third parties. Accordingly, we have no editorial control over such content. Any opinions, judgments, advice, statements, offers or other information or content expressed or made available by third parties or any other users are those of the respective authors or distributors and not of SoulDeal and neither do we endorse nor are we responsible for the accuracy or reliability of any such content made available by third parties or other users.

 

 (ii) We are not liable under any circumstances for any loss or damage caused by your reliance on information obtained through the WEBSITE. All information and description of the products and services are the representations of the Vendors and Service Providers and all comments, discussions, reviews or any other information posted by users are the representation of respective authors of such information. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc., or other content available through the WEBSITE and you shall exercise caveat before acting.

 

11. Termination

 

 (i) We may terminate this Agreement at any time and in that respect, we shall have the right to immediately terminate any passwords or accounts of any user in the event of any conduct by such user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by user of this Agreement.

 

 (ii) Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

 

12. Miscellaneous

 

 (i) This Agreement and our Privacy Policy constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement shall also form a part of the Agreements entered by us with the Vendors and the Service Providers.

 

 (ii) Waiver of any breach or default by either party hereunder is and shall not be a waiver of any preceding or subsequent breach or default. If at all either party waives any claim for one act of breach or default, then such waiver will not constitute as waiver of any prior or prospective default.

 

 (iii) If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

 

 (iv) SoulDeal’s registered Office is situate at Bangalore, India (complete address mentioned herebelow). Any legal issues, whether or not arising out of the use of this WEBSITE, are governed by the laws of India and the parties shall submit to the exclusive jurisdiction of the Courts in Bangalore.

 

 (v) The Privacy Policy document (as displayed on the WEBSITE) shall also form part of this Agreement and the terms of the agreements may be read together if necessary.