This document is published to define the ‘user agreement’ in compliance of the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 notified under the Information Technology Act, 2000, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of its website by an intermediary. In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
INTRODUCTION
The website under the domain name www.southofindus.com (hereinafter referred as ‘website’) is registered in the name of South of Indus Private Limited (hereinafter referred to as SOI), which is a registered company under the Companies Act, 2013 having its registered office at Greater Noida, Gautam Budhha Nagar, Uttar Pradesh, India. This website provides you online facility for shopping various products and services being offered by the company. With the help of this website, we take orders of our products online , collect payments and deliver the products at the doorstep of the user. Any order placed by you is subject to product availability, delivery capacity and acceptance by SOI.
For the purposes of this agreement, wherever the context so requires the use of the terms ‘you’ or ‘user’ or ‘your’ or ‘purchaser’ or ‘buyer’ shall mean any legal person who is availing the services available on this website, whether he has registered on the website or not. The term ‘company’ or ‘we’ or ‘us’ or ‘SOI’ shall mean South of Indus Private Limited. The use of this website in any manner by you is solely governed by this policy and any policy so mentioned herein which shall be considered as part and parcel of these Terms of Use. Moving past home page or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies. No specific consent of the user is separately being sought for availing the services. SOI reserves the sole right to update or modify or change these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.
PRIVACY
Protection of your privacy is a matter of prime concern for us. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. The User hereby consents, expresses and agrees that he/she has read and fully understands the ‘Privacy Policy’ of www.southofindus.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
If you object to our current ‘Privacy Policy’ and your information being transferred or used in this way please do not use this Website.
ELECTRONIC COMMUNICATIONS
For the purposes of our services we communicate with you through website or email or SMS or whatsapp or telephonic calls or other such electronic means. When you avail our services, your consent to receive communications from us electronically is implied. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that are provided to such communications in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. You may also be contacted by service providers or third party through SMS or calls; with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.
INTELLECTUAL PROPERTY RIGHTS & TRADEMARKS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SOI owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, photos, videos, music, sounds, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SOI without obtaining explicit authorization from it.
Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SOI and the copyright owner is permitted. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
SOI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the “[email protected]’’ by way of an email.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872 and are above 18 years of age. If you are a minor and wish to use the website, you may do so through your legal guardian. SOI reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to its notice or if it is discovered that you are under the age of 18 years.
You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, SOI has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/whatsapp or other electronic means shall be subject to change at the sole discretion of SOI and SOI owes no responsibility to provide you any information regarding such change.
BILLING, SHIPPING, TRACKING AND PAYMENTS
The price of our products as mentioned on this website is the Maximum Retail Price (MRP) for the said product. Such MRP is inclusive of GST as applicable in India. As we are a Startup, currently we are offering free delivery of our products pan India for promotional purposes. This may change in future depending on Company policy. Masterpieces are an exception as they require specialised packaging. Separate packaging and shipping charges will apply in such cases which will be communicated via email with proforma invoice.
For more details please go through our ‘Shipping, Tracking and Payments Policy’. This policy will form an integral part of this agreement.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following:
(a) lack of authorization for any transaction/s;
(b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”;
(c) or any payment issues arising out of the transaction;
(d) or decline of transaction for any other reason/s.
RETURN, REFUND, REPLACEMENT & EXCHANGE, CANCELLATION
Please go through our ‘Return, Refund, Replacement & Exchange, Cancellation policy’ for details. This policy will form an integral part of this agreement.
ORDER CANCELLATION BY SOI
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. SOI reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days
INACCURACY DISCLAIMER
From time to time there may be information on our website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. SOI reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by SOI are provided on an ‘as is’ and ‘as available’ basis, unless otherwise specified in writing. SOI makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through SOI, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
SOI does not warrant that this website will be constantly available, or available at all or that any information on this website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the website. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that SOI shall not be liable for any damages of any kind related to your use of this Website.
Though SOI shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on website shall be solely governed by the Indian Laws.
SOI will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to indemnify and shall not hold SOI (and its directors, agents, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this website.
Any user that has been suspended or blocked may not register or attempt to register with us or use the website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
SEVERABILITY
We reserve the right to make changes to our website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVER
The failure by SOI to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by SOI of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
FORCE MAJEURE
Failure on the part of SOI to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against SOI or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of SOI that directly or indirectly hinders or prevents SOI from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
DISPUTE RESOLUTION & GOVERNING LAW
This agreement shall be construed and the legal relations between YOU and SOI hereto shall be determined and governed according to the laws of India. If any dispute arises between You and SOI regarding Your use of the website or Your dealing with SOI in relation to any activity on the website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Lucknow, and you hereby submit to the jurisdiction of such Courts. Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
GRIEVANCE REDRESSAL
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to [email protected]
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.