The domain name www.besoulfull.com (referred to as the “Website”) is owned by the trade name ‘Be Soulfull’, with its office at 321-329, Vipul Agora, MG Road, Gurugram, Haryana - 122001, India. Concerning the context of the terms of service, the following terminology “you”, “yourself”, “client” or “user” or similar, refer to the individual user of this website and the terms “we”, “us”, “our”, “ours” refer to Be Soulfull. Be Soulfull renders its services subject to the terms and conditions stated in this agreement (referred to as the “Terms of Service”). Moreover, when you use any of Be Soulfull services, you will be bound by the incorporated rules, policies, terms and conditions applicable for such services. By using our website, you shall be accepting Be Soulfull terms of service, including the policies. Therefore, the user should read these terms of service before beginning to use our services. Be Soulfull reserves the right to deny access to anyone who has breached the terms of service.
MODIFICATION OF TERMS
We hold the sole right to revise these terms at any time without any prior notification and at our discretion. We shall post the updated version of the terms or policies on this website, and all the modifications shall be effective immediately after publishing the revised terms on the website. Your continued use of the website following the changes updated implies your acceptance of the modified terms even if you have read them or not. Therefore, you are advised to review these terms and other policies frequently.
To optimize and improve your web experience, we may regularly update the website and change the content, display, or form without any prior information. We do not assure the website or the website's content will be free from any errors. Moreover, we are not obliged to update the website or any of its content either.
To use the website and enter into a legal agreement as per the Indian Contract Act, 1872, you must be eighteen years or older. If you are under eighteen years of age, you may use this website only with parental involvement.
(ii) While signing up, you are requested to submit your personal information, including name, age, gender, mobile device, and location etc. You need to ensure that the information provided during registration and at all times is true, accurate, and complete. You are required to update this information to keep it true, accurate and complete at all times while using the website and its services. The information you provide is not confidential and does not infringe on a third party's rights in any nature.
(iii) In case you are accessing, browsing, and using the website or its services on someone else's behalf, then ensure that person accepts all the terms of service. In the event the person refuses to be bound by these terms of service, you will be liable for any harm due to the misuse of the website resulting from such access or any use of the website in whatsoever nature.
(iv) If you know or get aware that your account's security has been breached, you should contact us immediately at the 'Contact Information' given on the website. Suppose we have found a breach or suspected breach of your account's security; in that case, we may ask you to change or update your password temporarily or permanently block or suspend it without any liability to Be Soulfull.
(v) You are not supposed to use the website for any illegal, unlawful, unauthorized or prohibited purposes. While using the website, you are not supposed to violate any laws in your jurisdiction, including but not limited to copyright laws. While using the website, you will comply with all the applicable laws, rules and regulations. If you use the website for any prohibited practices, we reserve the right to suspend/delete your account immediately and without notice and ban you from accessing the website in the future.
(i) The user retains the sole ownership and responsibility for any text, messages, chat communications, billboard postings, photos, drawings, graphics, software, profiles, opinions, ideas, images, video or audio files or any other materials or information posted, uploaded, emailed, transferred or otherwise made available to the website by you (termed as “user content”). The user is responsible for user content and ensures to have the rights and permissions needed to use user content on the website.
(ii) By using our website, you grant us a worldwide, unrestricted, royalty-free license to use, modify, adapt, create derivative works, reproduce, distribute, make publicly available, and otherwise exploit user content. But such usage is only for the limited purpose of rendering the services and as permitted by our privacy policies. This license shall continue even after you stop using our website, and this license gives the right to make user content available to other website users who may use it subject to these terms of service.
(iii) You can remove your content by deleting it, however in certain circumstances, user content may not be removed entirely, and copies of user content may continue to exist on the website. We are not responsible or liable for removing or deleting (or failure to remove or delete) any user content.
(iv) Be Soulfull does not endorse or control the user content transferred or posted on the website, and therefore, integrity, quality, or accuracy of user content is not guaranteed by Be Soulfull. You may understand that you are liable to be exposed to user content that could be offensive, indecent or objectionable by using the website. Under no circumstances will Be Soulfull be liable in any manner for any user content, including without limitation, for any errors in any user content or for any damage of any kind incurred due to the use of user content. You accept to waive all rights to any claims against Be Soulfull for any alleged or actual infringements of any proprietary rights, privacy rights, moral rights, and rights of attribution in connection with user content.
(v) The user acknowledges that Be Soulfull has the right, but not the obligation, in its sole discretion to deny a post or to remove any user content and reserves the right to change, curtail or delete any user content.
These terms of service are applicable unless the account is terminated by either the user or Be Soulfull. You agree that Be Soulfull has the right to suspend or terminate your account or your use of the website at any time in its sole discretion, for any or no reason, and without penalty or notice. Any termination of your website access to our website or any account you may have may be without any prior notice, and you agree that Be Soulfull shall not be liable either to you or any other third party for such termination.
Any suspected fraudulent, illegal or abusive activity may be referred to by appropriate law enforcement authorities. These remedies are in addition to other measures that Be Soulfull may have at law or in equity. Upon termination for any reason of the terms by either you or Be Soulfull, you must immediately destroy all such materials downloaded or otherwise obtained from this website along with copies of such materials, whether applicable under the terms of service or otherwise. Any such termination of these terms will not cancel your commitment to pay for the product already ordered from our website or affect any liability arising under these terms of service.
DISCLAIMERS AND LIMITATION OF LIABILITY
(i) The website is presented "as available" basis without any warranty or condition, express, implied or statutory. Neither we nor our directors, employers, agents, affiliates, partners, licensors or suppliers make any representations or warranties of any kind, be it express or implied, in connection with these terms of service or the website content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except such representations and warranties are not legally excludable.
(ii) You agree that in no event will Be Soulfull or its affiliates, directors, employees, agents, licensors, partners, suppliers are liable to you for any incidental, special, indirect, punitive, reliance, consequential, or exemplary damages (including without limitation of business opportunities, revenue loss, or anticipated profit loss or any other non-pecuniary loss or pecuniary or damage of any nature) arising out of or relating to terms of service of the website; or your use or inability to use the website.
(iii) In no event will Be Soulfull or any of its contractors, directors, employees, agents, licensors, third-party partners, or suppliers' total liability to you for all damages, liabilities, losses, and causes of action arising out or related to these terms; the website; your use or inability to use the website; or any other interactions with Be Soulfull, howsoever caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or Website.
(iv) In no event will Be Soulfull or any of its contractors, directors, employees, agents, licensors, suppliers or third-party partners be liable for any damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed.
(v) Be Soulfull does not warrant that the access or usage of the website will be uninterrupted, timely, secure, or error-free.
(vi) Be Soulfull does not warrant that the results obtained from the use of the website will be accurate or reliable.
(vii) You agree that no claims or action arising out of, or related to, the use of the website or these terms of service may be brought by you more than one year after the cause of action related to such claim. If you are not satisfied with the website or have a dispute with us, termination of your website usage is the sole remedy. We have no other liability, obligation, or responsibility to you.
(viii) Any website statements, supplements or materials distributed or sold on the website are not evaluated by the Food and Drug Administration (FDA). The products on our website are not intended to treat, diagnose, cure or prevent any disease. If you are under medication, nursing, pregnant, or have a history of heart-related conditions, we suggest you consult a physician before using our products. The results of all the products available on the website are not typical, and everyone may not experience the same results.
You agree to indemnify, defend, and hold Be Soulfull and its affiliates, contractors, employees, officers, third-party partners, agents and directors harmless from any and all claims, damages, liabilities, costs and expenses, including legal fees or expenses, caused by or arising out of claims based upon your actions or inactions related to your use or misuse of the website, any violation of these terms which may result in any kind of loss to Be Soulfull or any third party. This user agreement or any contractual obligation between you and us will be governed by Indian laws, subject to the jurisdiction of Courts in Gurugram, Haryana. All such disputes will be subject to arbitration in Gurugram in the English language by a single arbitrator who will be appointed by us under the Arbitration and Conciliation Act, 1996. Each party to the arbitration shall bear their own cost. You also agree to indemnify, defend and hold harmless Be Soulfull, its employees, directors, agents and their successors and assigns any or all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, caused due to the arising claims based upon your actions or inactions of the terms of service, which may result in any loss or liability to Be Soulfull or any third party including but not limited to breach any warranties, undertakings or representations with regard to the non-fulfilment of any of your obligations under this user agreement or arising out of any violation of the applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall remain post expiry or termination of this user agreement.
All the content matter on the website, including images, illustrations, text, graphics, button icons, images, logos, digital downloads, audio clips, data compilations and software, belongs to us or our affiliates and content suppliers, which is protected by the Indian and international intellectual property law. It includes copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights owned by us or by any other parties who may have licensed their material to us. The compilation of all content on the website is our exclusive property and is protected by Indian laws and international database right, and copyright laws. All the software used on the website is our sole property or the property of our affiliates or software suppliers, and it is protected by the Indian and international copyright, authors’ rights law and other intellectual property rights. You agree not to reproduce, republish, copy, upload, post, transfer, or distribute such material in any other way, including e-mail or any other electronic means, whether directly or indirectly. Without prior written consent from the owner, modification of the materials, use of the materials on any other website, or its usage for any purpose other than personal or non-commercial use is a violation of the trademarks, copyrights, and other proprietary rights and is therefore prohibited.
We allow a limited license for access and personal use of the website but not modify it or any part of it without our written consent. This license does not include any commercial use or resale of the website or its contents; any derivative use of the website or downloading or copying of account information for the benefit of another user, or any use of data mining, using robots or similar data gathering and extraction tools. The website or any part, including but not limited to any copyright matter, trademarks, or other proprietary information, may not be duplicated, reproduced, sold, resold, copied, visited, distributed or otherwise exploited for commercial purpose without our written consent.
Orders might get delayed due to the current COVID situation but all efforts are put to deliver your products at the earliest. We usually dispatch all our orders within 24-48 hours during working days. We do not guarantee the arrival dates or time as it is dependent on the location and logistics provider.
PRICING AND PRODUCT AVAILABILITY
If a product/ service displays an incorrect price or product information due to any technical error, Be Soulfull shall hold the sole right to refuse or cancel the orders placed for that product/service unless the product or service has already been delivered or availed by you. Until the product ordered by you has been delivered or the services availed, your offer will not be deemed accepted and Be Soulfull will have the right to modify the price of the product/service and contact you for further instructions. Prices and availability of the products and service provided or offered on the website are subject to change without any prior notice. Be Soulfull may also revise and cease to make available any product/service at any time.
The grievance officer may be contacted to report any abuse, or complain against any content hosted, transmitted, published, updated or shared on the website. Given below is the name and contact details of our
Grievance Officer: Rohit Sharma