Terms of Use

Welcome to https://www.soultystore.com/ (“Platform”). The Company and/or its affiliates provide website features and other products and services to you when you visit or shop at the Platform. These Terms of Use (“Contract” or “Terms” or “Terms of Use”), between SOULTY (“Company” or “Soulty” or “us” or “We”) and you (“you” or “your” or “Customer”) govern your access to and use of the Platform. The Company provides the Services subject to the terms and conditions set out in the Terms of Use, the Privacy Policy and any other relevant terms and conditions, policies and notices. By accessing or using the Platform, you agree to be bound by these Terms of Use, which together with our Privacy Policy govern our relationship with you in relation to this Platform. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM. These Terms of Use constitutes a legally binding and enforceable contract between you and the Company.

1.      Eligibility: You must be at least 18 years of age (i.e a person who can enter into a legally binding contract under the Indian Contract Act, 1872) to use the Platform and the Services. If you are under 18 years of age, you may use the Platform/ Services only with the involvement of a parent or legal guardian. 

2.      Services: Through the Platform, You may browse, select and purchase apparel and related products displayed therein. The Platform enables You to view product descriptions, review sizing information through the size guide made available on the product pages, select the desired product(s), choose size(s), add the selected items to Your cart and proceed to checkout for completing Your purchase. 

i.                  Account: You must create an account and register yourself as a user in order to use the Services offered on the Platform, which can be done via two login options: (i) sign-in using a Shopify-enabled process; or (ii) sign-in using Your email address. To authenticate and access Your account, you will be required to input the OTP sent to the email address provided by You. For this purpose, we will require your personal information, including but not limited to your name, date of birth, address, email ID, phone number, location, and card details. The use of all such personal information you provide to us (including during the registration process) is governed by our Privacy Policy. You agree to provide and maintain accurate, current and complete information. You undertake to ensure the accuracy and completeness of such information, and acknowledge that Soulty shall not be responsible for any failure of communication, non-delivery or mis-delivery arising from inaccurate, incomplete or outdated information provided by you. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, create multiple accounts for fraudulent purposes, or provide any false, forged or misleading information. You agree that we may take steps to verify the accuracy of information You provide. 

ii.                 Passwords and Security: You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities that occur under Your account. You shall promptly notify us in case of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the Services. You shall not: (a) use another user’s account without authorization; (b) provide an email address other than your own; (c) create multiple accounts and (d) provide or use false or misleading information. In the event of any fraudulent, unlawful or misrepresentative use of an account, Soulty reserves the right to suspend or terminate such account and report the incident to the requisite authorities. By creating an account, you agree to receive certain communications in connection with the Platform and/or Services.

iii.               Products and Orders: Soulty attempts to be as accurate as possible in the description of the products on the Platform. However, Soulty does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. All products displayed on the Platform are offered for sale subject to availability. By placing an order through the Platform, You make an offer to purchase the selected product(s). Such offer shall be deemed accepted only upon issuance of an order confirmation by Soulty. Soulty reserves the right, at its sole discretion, to refuse or cancel any order, including but not limited, on grounds of unavailability of product(s), inaccuracies or errors in pricing or product information, inability to process payment, or suspected fraudulent or unlawful activity.

iv.               Pricing and Payment: Prices displayed on the Platform are denominated in Indian Rupees (INR) and shall be inclusive or exclusive of applicable taxes, duties and charges, as specified on the relevant product page or checkout page. Payments for orders shall be facilitated through Razorpay, a third-party payment gateway, or such other providers as Soulty may engage, from time to time. By initiating a payment transaction, You agree to abide by the terms, conditions and policies prescribed by Razorpay or such third-party payment gateway service providers as Soulty may, at its sole discretion, make available on the Platform. Soulty shall not be liable for any errors, delays, chargebacks, failed transactions, unauthorized debits or any issues arising from or attributable to the payment gateway, Your bank, card issuer, UPI provider or any financial intermediary involved in processing the payment.

v.                 Shipping and Delivery: Products will be shipped to the delivery address provided by You as per the Shipping Policy , and as updated from time to time. Estimated timelines for delivery are indicative in nature and may vary based on logistical, operational or third-party constraints. Soulty shall exercise reasonable efforts to ensure timely dispatch and delivery; however, Soulty shall not be liable for delays arising from circumstances beyond its reasonable control. 

vi.               ⁠Returns, Exchanges and Cancellations: Returns, exchanges or cancellations of products purchased through the Platform shall be governed by the return/exchange policy and as updated from time to time. 

3.      Modifications: The Company may amend/modify/ discontinue any terms and conditions included in these Terms and/or the Privacy Policy at its’s sole discretion, without prior notification to you. Such changes may include, among other things, the adding of certain fees or confidentiality. For this reason, we encourage you to review these Terms of Use every time you purchase products from us or use our Platform. Your continued use of Platform/ Services following the posting of changes and/or modifications will constitute your acceptance of the revised Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits upon You. 

4.      Electronic Communications: When You use any Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS, phone call or by posting notices on this Platform. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. For purposes of contact or customer assistance, You may reach Soulty by submitting Your name, contact number, email address and message through the communication interface made available on the Platform or by communicate electronically with us at info@soultystore.com[H&A4]  . 

5.      ⁠Intellectual Property: All proprietary rights in and to the Platform and the Services, including but not limited to trademarks, service marks, logos, text, images, product photographs, artwork, graphics, interfaces, design elements, data compilations and all other content, whether registered or unregistered, are solely owned by or licensed to Soulty. Except as expressly permitted under these Terms or with the prior written consent of Soulty, You shall not copy, reproduce, publish, transmit, distribute, modify, create derivative works of, or otherwise exploit any content available on the Platform, whether in whole or in part. If you submit reviews, photos, comments, or other content (“User Content”) on the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, display, publish, adapt, modify, distribute, and create derivative works from your User Content for any purpose, including marketing, promotional activities, improving our services, and displaying on the Platform or Soulty’s social media pages. You understand and agree that you will not receive any payment, credit, acknowledgement, or compensation for the use of your User Content. 

6.      Your Conduct: You must not use our Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Soulty, is responsible for all electronic communications and content sent from Your computer to us and You must use the Platform for lawful purposes only. You must not use the Platform for any of the following:

i.                  For fraudulent purposes, or in connection with a criminal offense or other unlawful activity, including but not limited to misrepresentation, forgery, identity theft, cheating or any activity prohibited under applicable law;

ii.                 Develop, support or use software, devices, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services

iii.               Override any security feature or bypass or circumvent any access controls or use limits of the Services (such as caps on keyword searches or profile views);

iv.               Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Soulty;

v.                 Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Soulty’s consent;

vi.               Use bots or other automated methods to access the Soulty Services, add or download contacts, send or redirect messages;

vii.              Monitor the Services’ availability, performance or functionality for any competitive purpose;

viii.             Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Soulty Services.     

You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner. By acquiring services through the Services, You represent and warrant that Your access to and use of the services or content will comply with those requirements.

7.      Disclaimers and Limitation on Liability: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IF YOU ARE DISSATISFIED WITH SERVICES, THE SERVICES AVAILABLE ON IT, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING SERVICES. SOULTY MAKES NO REPRESENTATION THAT SERVICES PROVIDED ON THE PLATFORM ARE AVAILABLE IN ALL LOCATIONS OF THE WORLD. THOSE WHO CHOOSE TO ACCESS THIS PLATFORM FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE. YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE ACCESSING THE SERVICES ON THE PLATFORM AND TRANSACTING AT YOUR OWN RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH OUR PLATFORM. WE SHALL NEITHER BE LIABLE NOR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF USERS NOR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY THE USERS AND HEREBY EXPRESSLY DISCLAIM AND ANY ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. 

8.      Additional Restrictions on Use of the Services: You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Service or connected network, or interfere with any person or entity’s use or enjoyment of any Service.  Additionally, You agree not to access, monitor or copy any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Soulty servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Soulty grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Soulty reserves the right to revoke these exceptions either generally or in specific cases. 

9.      Miscellaneous:

                (i)          Soulty has the right to temporarily suspend or terminate the contract with You with immediate effect if there are reasons to suspect that You have violated the Terms or any applicable laws, rules and regulations or, additionally, if user is otherwise using the Services in a way that may cause damage to Soulty or any third party.

               (ii)          You hereby agree to indemnify and keep indemnified Soulty against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Soulty because of (i) violation of these Terms of Use by you; (ii) violation of applicable laws; (iii) wilful negligence or misconduct on your part in dealing with the Platform.

             (iii)          If You are dissatisfied with the services, the materials available on it, or with these Terms, Your sole and exclusive remedy is to discontinue accessing or using the Services.

              (iv)          These Terms are governed by and construed in accordance with the laws of Republic of India. You waive any claims that You might have against Soulty based on any other jurisdiction including your own.

               (v)          If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

              (vi)          The provisions of these Terms, which by their nature should survive the termination of these Terms, shall survive such termination.

            (vii)          No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

           (viii)          These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Soulty without restriction.