TERMS & CONDITIONS

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It seems like you’re referring to a legal disclaimer commonly found in online terms and conditions, privacy policies, or other digital agreements. This disclaimer explicitly states that the policies or terms are created in accordance with specific legal provisions regarding electronic records and signatures under the Information Technology Act, 2000.

In summary, this statement clarifies a few key points:

  1. Legal Compliance: The policies are created in adherence to Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
  2. Electronic Record: They are considered electronic records as defined under section 2(t) of the Information Technology Act, 2000 and its related rules.
  3. Generation and Signatures: As electronic records, these policies are generated by a computer system and do not require physical or digital signatures to be legally valid.

This disclaimer is often included to affirm that these digital documents are legally recognized, providing the same legal standing as physical documents, despite not having physical or digital signatures.

Always ensure that the specific legal requirements of your jurisdiction are met when drafting and publishing such policies or terms. It’s also a good practice to periodically review and update these documents to align with any changes in the law or your business practices.

ACCESS TO THE WEBSITE / APP

It appears that this text constitutes the terms of use for the website “Sofisty” owned by KAYRA ENTERPRISE  with its registered office at 217, A.K. Road, Surat-395008, Gujarat, India.

Key points outlined in this excerpt:

  1. Acceptance of Terms: By accessing, browsing, or using the website, the user (“You” or “User”) unequivocally and irrevocably accepts and acknowledges the terms and conditions outlined in the Terms of Use and binding policies.

  2. Acknowledgment of Agreement: The user declares that they have read, understood, and agreed to be bound by these Terms of Use by using the website.

  3. Company’s Discretion: The Company reserves the right to permit or deny access to the website at its sole discretion. Additionally, it holds the right to modify any of the terms and conditions stated in these terms at any time.

  4. User Responsibility: It’s the user’s responsibility to periodically review these Terms of Use for any updates or changes. Continued use of the website after updates or changes will be considered as the user’s acceptance of those modifications.

These terms establish the conditions under which users can access and use the “Spread And Grow” website and emphasize the Agency’s ability to update these terms at its discretion. Users are bound by these terms when they use the website, and it is their responsibility to stay updated on any changes made to these terms.

ELIGIBILITY

This segment of the terms and conditions of the “Sofisty” website outlines specific eligibility criteria and conditions for accessing and using their services:

  1. Age and Competency: Users must be at least 18 years old and legally competent under Indian contract law to enter into a binding agreement. If a user is under 18 years old but wishes to use the services of the website, they must do so through their legal guardian in accordance with applicable laws.

  2. Representing an Entity: If a user is representing a corporation, company, institution, association, or any other entity, they must be authorized by that entity to access and use the website’s services.

  3. Right to Refuse Access: The Company retains the right to deny access to new users or terminate access granted to existing users at any time without specifying the reasons for doing so.

These conditions emphasize the necessity for users to meet specific eligibility criteria, including age and legal competency, and the requirement for authorization when representing an entity. Additionally, it states the Company’s discretionary power to deny or terminate access to the website’s services without providing explanations.

COMPLIANCE REQUIREMENTS

This excerpt from the terms and conditions for the “Sofisty” website specifies that all users of the website must adhere to various applicable laws while using the platform or engaging in buying/selling any product or service through the website. Some of the laws and regulations mentioned include:

  1. Foreign Exchange Management Act, 1999: This act deals with foreign exchange transactions and related matters in India.

  2. Exchange Control Manual issued by the Reserve Bank of India: Guidelines issued by the Reserve Bank of India concerning exchange control regulations.

  3. Customs Act, 1962: Legislation governing customs duties, import/export procedures, and related matters.

  4. Information Technology Act, 2000: The law dealing with electronic records, digital signatures, and cybersecurity.

  5. Prevention of Money Laundering Act, 2002: Legislation focused on preventing money laundering and related offenses.

  6. Foreign Contribution Regulation Act, 1976: Regulates the acceptance and utilization of foreign contributions or aid in India.

  7. Income Tax Act, 1961: Governs taxation and income tax-related matters in India.

  8. Export-Import Policy of the Government of India: Policies regulating imports and exports in India.

The terms explicitly state that users must comply with these laws, along with any amendments, notifications, and rules under these enactments that are applicable for using the website or engaging in transactions through it. This clause serves to inform users of their legal obligations while using the website’s services and engaging in transactions.

USER ACCOUNT

This section of the terms and conditions for the “Sofisty” website outlines the process of registering an account and using account information:

  1. Account Setup: Users may need to register and create an account (“Account”) on the website. This involves providing an email address and password or using permitted social media accounts for sign-in purposes. The Company reserves the right to verify the provided Account Information at its discretion. Users are advised to provide valid information (e.g., email address or mobile number) during the account creation process.

  2. Account Details: Upon successful setup, the website will generate an account and email the account details to the provided email address. Additionally, users can create or update their accounts through Customer Support.

  3. Single Account: Users are permitted to create only one account and are not allowed to transfer or share this account with any other person.

  4. Information Handling: The specifics regarding the information required from users, the manner of usage, protection, and confidentiality of user information and Account Information are covered more comprehensively in the website’s Privacy Policy. Users are encouraged to thoroughly read the Privacy Policy before sharing their information or creating an account.

This section of the terms and conditions clarifies the process of creating and managing accounts on the website, emphasizing the need for accurate information and outlining the restrictions on the number of accounts a user can have. Additionally, it highlights the importance of understanding the website’s Privacy Policy regarding the handling of user information and Account Information.

ORDERING

This section of the terms and conditions for the “Sofisty” website details the process of purchasing products through the platform:

  1. Account Not Mandatory: Users are not required to have an account on the website to buy products. They can shop by providing a valid email address, mobile number, and necessary details while placing orders.

  2. Order Process: Users can select products from the product order page, add them to the shopping cart or wish list. However, placing a product in the cart or wish list does not guarantee the price, quantity, promotional offers, or shipping charges shown at that time.

  3. Purchase and Payment: To buy a product from the shopping cart, users need to provide a shipping address within India and make payment for the product, either immediately or through a payment-on-delivery option for eligible products.

  4. Order Confirmation: Upon receiving and confirming the order, the website will notify users via email and SMS, confirming the order details (order ID, products ordered, expected delivery time, etc.).

  5. Binding Contract: Users acknowledge that by ordering a product through the website, they are entering into a binding contract with the Company to purchase the product using the website’s facilities.

  6. Intended Use: Users confirm that the products they order are for their internal or personal use and not for resale. They also authorize the Company and the website to declare and provide declarations to any governmental authority on their behalf regarding the purpose of the products ordered through the website.

This section lays out the procedures and terms involved in purchasing products from the website, including the confirmation of orders, the contractual agreement upon placing an order, and the intended use of the purchased products. It also highlights the authorization given to the Company and the website to declare the purpose of these purchases to governmental authorities if required.

PRICING AND PAYMENT

This section of the terms and conditions for the “Sofisty” website addresses various aspects related to product availability, pricing, and the management of services provided:

  1. Availability and Pricing: The website displays availability and pricing information of products on their respective display pages. Prices listed include GST/Value Added Tax and Central Sales Tax unless stated otherwise. The prices shown in the shopping cart or wish list are subject to change. Placing a product in the cart or wish list does not guarantee the price shown at that time. The price of a product might fluctuate between adding it to the cart and the actual purchase.

  2. Out of Stock Products: Products marked as ‘Out of Stock’ are not available for purchase.

  3. Maximum Retail Price (MRP): The prices offered by the website for products are either equal to or lower than the Maximum Retail Price (MRP) or the discounted rate set for those products. The MRP and other required declarations will be displayed on the products or their packaging as per applicable laws.

  4. Services Provided: In accordance with the terms and conditions, the website will handle payments from buyers for the products and manage logistics as deemed appropriate by the website.

This section provides transparency regarding the pricing and availability of products on the website, including the MRP and statutory declarations. Additionally, it specifies the website’s role in processing payments and managing logistics for the services it provides in line with these terms.

RETURNS AND CANCELLATION

This section of the terms and conditions for the “Sofisty” website covers the return and cancellation policies for products purchased through the platform:

  1. Product Returns: Any products that are not delivered to the user or returned by the user following the Return Policy guidelines will be sent back to the website’s warehouse.

  2. Initiating Returns and Cancellations: Users can initiate the return or cancellation of products following the procedures outlined in the website’s policies. These policies include the Return Policy and Cancellation Policy, which dictate the guidelines and procedures to be followed when returning or canceling purchased products.

  3. Policy Changes: The website retains the right to modify the Return Policy and Cancellation Policy without prior notice. Users are encouraged to review these policies periodically to stay informed about any updates or changes.

This section emphasizes the importance of adhering to the website’s Return Policy and Cancellation Policy when initiating returns or cancellations of purchased products. It also notifies users that these policies may undergo changes without prior notice, highlighting the necessity for users to stay updated on any modifications made to these policies.

TAXES

This excerpt from the terms and conditions for the “Sofisty” website specifies the user’s responsibilities regarding fees, costs, charges, and taxes associated with purchasing products from the platform:

  1. Payment Responsibility: Users are accountable for paying all fees, costs, and charges related to the purchase of products from the website.

  2. Applicable Taxes: Users agree to bear any applicable taxes, Value Added Taxes (VAT), cesses, or similar charges levied on the products during their sale, unless explicitly stated otherwise.

This section clarifies that users are responsible for covering all expenses related to the purchase, including fees and taxes that may be imposed on the products unless the website explicitly states otherwise.

COMMUNICATIONS

This section of the terms and conditions for the “Sofisty” website outlines the requirements and user consent regarding providing contact information and communication preferences:

  1. Mandatory Contact Information: Users are required to provide a valid email address and phone number to access the services offered by the website, which includes but is not limited to placing orders for purchasing products.

  2. Consent for Communication: By registering their email address and phone number with the website, users consent to be contacted by the website via email, phone calls, or SMS notifications. These communications may pertain to various updates related to orders, shipments, deliveries, payments, offers, or other relevant information.

  3. Modes of Communication: The website reserves the right to notify or communicate with users through various channels, including but not limited to email, SMS, phone calls, posting notices on the website, or any other mode of communication deemed suitable by the website.

This section clarifies that providing a valid email address and phone number is necessary to access the website’s services, and by doing so, users consent to receive communications from the website regarding order-related updates or other pertinent information through various communication channels.

SEVERABILITY

This clause within the terms and conditions for the “Sofisty” website addresses the concept of severability:

  1. Severability of Provisions: It states that each provision within these terms is considered separate and distinct from the others.

  2. Validity of Remaining Provisions: If at any point one or more provisions within the terms are deemed invalid, illegal, or unenforceable, it does not impact the validity, legality, or enforceability of the remaining provisions of these terms.

In essence, this clause ensures that if any part of the terms is found to be invalid or unenforceable, it doesn’t invalidate the entirety of the terms. The other provisions will remain in effect and enforceable, maintaining the overall integrity and validity of the terms and conditions.

CAPTIONS

This clause in the terms and conditions for the “Sofisty” website specifies the usage of captions or headings within the document:

  1. Caption Usage: It states that the various captions or headings used within the terms are included for convenience purposes only and do not hold interpretative weight for the provisions.

  2. Priority of Text: If there is a conflict between the captions/headings and the related text within the terms, the actual text of the provisions will prevail over the captions. This means that the substance and content of the clauses take precedence over any titles or headings used to organize the document.

In summary, this clause clarifies that headings or titles used in the terms are meant for ease of reference only and should not be relied upon to interpret the actual meaning of the provisions. If there is any discrepancy between the headings and the content of the clauses, the content itself holds greater importance and relevance in understanding the terms and conditions.

PARTIAL INVALIDITY

This clause in the terms and conditions for the “Sofisty” website addresses the potential scenario where a provision within the terms is deemed illegal, invalid, or unenforceable under any current or future applicable law:

  1. Severability of Provision: If any provision within these terms is determined to be illegal, invalid, or unenforceable, it will be considered fully separable from the rest of the terms.

  2. Effect on the Terms: The terms will be interpreted and enforced as if the illegal, invalid, or unenforceable provision had never been part of the terms.

  3. Validity of Remaining Provisions: Despite the removal or severance of the illegal, invalid, or unenforceable provision, the remaining provisions of the terms will continue to remain in full force and effect. The illegal, invalid, or unenforceable provision will not impact the validity or enforceability of the other provisions within the terms.

In essence, this clause emphasizes that if any provision within the terms is found to be illegal, invalid, or unenforceable, it will be removed while ensuring that the rest of the terms remain valid and enforceable, and the overall validity and effectiveness of the terms will not be affected by the removal of the problematic provision.

FORCE MAJEURE

This clause in the terms and conditions for the “Sofisty” website outlines the limitation of responsibility for any loss or damage attributed to a Force Majeure Event:

  1. Exemption from Responsibility: The Company explicitly states that it will not be held responsible for any loss or damage incurred by users if such loss or damage is attributable to a Force Majeure Event.

  2. Definition of Force Majeure Event: A “Force Majeure Event” refers to any event that is beyond the reasonable control of the Company. This includes various circumstances such as natural disasters (like fire, flood, or explosion), civil disturbances (such as riots or strikes), acts of God, governmental actions, power failures, computer-related issues (like hacking or system failure), and other unforeseen events that are beyond the control of the Company.

In essence, this clause releases the Company from liability in cases where the loss or damage experienced by users is a result of events categorized as Force Majeure, as these events are considered beyond the reasonable control of the Company.

COVENANTS

This extensive excerpt from the terms and conditions for the “Sofisty” website encompasses various aspects related to user responsibilities, content, website usage, and international access. Here’s a breakdown of the key points covered:

  1. Product Display and Endorsement: Users can upload and display product images and information for sale on the website. However, the display of these user products on the website doesn’t imply endorsement or advertisement by the Company.

  2. Additional Terms for Services: Specific services may have additional terms, rules, policies, or guidelines applicable to them. In case of conflict between these terms and additional terms for a particular service, the additional terms will prevail.

  3. Acceptable Use Policy: Users must comply with the terms and applicable laws while using the website. They agree not to post objectionable content, engage in illegal activities, or use the website in a manner detrimental to the website’s interests or goodwill.

  4. Content Standards: Users agree to provide accurate, non-fraudulent, and non-misleading information. They agree not to post objectionable content that violates laws, infringes on rights, or threatens security.

  5. Responsibility for Objectionable Content: The Company disclaims liability for objectionable content. Users encountering such content are encouraged to report it for removal.

  6. Prohibited Actions: Users agree not to use automated means to access the website, interfere with its functioning, or attempt to bypass security measures or modify the website’s software without explicit permission.

  7. Interface Use: Users must access the services only through the provided interface unless specifically allowed otherwise.

  8. Exposure to Offensive Content: Users acknowledge the possibility of encountering offensive content while using the website or its services.

  9. Consent for Communications: Users explicitly consent to receive communications from the Company regarding their use of the website or its services.

  10. International Use: If the website is accessed from outside India, users bear the responsibility for ensuring legal use under applicable laws. The Company may require separate terms for users accessing the website from locations outside India.

This comprehensive section outlines user responsibilities, acceptable use policies, and international access considerations when using the “Sofisty” website and its services. It delineates acceptable behavior, content standards, and the Company’s disclaimers regarding user-generated content and international usage.

INFRASTRUCTURE

This excerpt from the terms and conditions for the “Sofisty” website outlines important information regarding user responsibilities and the Company’s limitations regarding the use of the website:

  1. Requirement for Usage: To access and use the website, users must have internet connectivity or appropriate telecommunication links. The website’s services do not encompass providing computer systems, terminals, servers, equipment, mobile devices, or any other hardware resources necessary for user access.

  2. Company’s Lack of Responsibility: The Company explicitly states that it holds no responsibility or liability for the provision of any hardware or devices required by users to access the website. Additionally, the Company is not liable for any costs incurred by users for internet usage or appropriate telecommunication links.

  3. No Guarantee of Compatibility: The Company disclaims liability for any damages, viruses, or other code that might affect users’ computer systems, equipment, mobile devices, or any other hardware while using the website. It does not guarantee compatibility of the website with all types of hardware and software used by users.

  4. Third-Party Agreements: Users are responsible for complying with any applicable third-party terms, such as mobile device agreements or wireless data service agreements, while using the website.

This section clarifies the user’s responsibility for ensuring their own access to the website, including the necessary internet connectivity or telecommunication links. It emphasizes that the Company does not provide the hardware or devices required for access and disclaims liability for any related costs, damages, or compatibility issues users might encounter while using the website. Users are reminded of their obligation to comply with any relevant third-party agreements during their use of the website.

USE OF CONTENT

This section of the terms and conditions for the “Sofisty” website outlines the user’s grant of rights to the Company concerning the content posted or submitted by the user, along with certain representations and warranties:

  1. Grant of Rights: Users grant the Company, its affiliates, and associates a non-exclusive, royalty-free, irrevocable, perpetual, and fully sub-licensable right to use, reproduce, publish, distribute, and display the content or material posted by the user worldwide in any mode, medium, or manner, known or developed in the future. The Company also holds the right to use the user’s name in connection with such content.

  2. Irrevocability and Waiver: The rights granted to the Company are irrevocable during the entire period of protection of the user’s intellectual property rights associated with the content. Users agree to waive the right to be identified as the author of the content and to object to derogatory treatment of the content. Users also agree to perform any necessary acts or execute documents to perfect the granted rights.

  3. Representations and Warranties: Users represent and warrant that they own or control all rights to the content they post or provide on the website. Additionally, at the time of submission, the content is accurate, complies with applicable Indian laws, the website’s policies, guidelines, additional terms, these terms, and the privacy policy.

In summary, this section grants the Company certain rights over the content posted by users while also ensuring that users provide accurate, lawful, and compliant content. Users are required to ensure they have rights or control over the content they post and that it adheres to the terms, policies, and applicable laws.

THIRD PARTY WEBSITES

This excerpt from the terms and conditions for the “Sofisty” website addresses the inclusion of links to other websites and outlines the Company’s disclaimer and lack of responsibility for these linked third-party websites:

  1. Link Disclaimer: The website may include links to other websites. The Company explicitly states that it holds no responsibility for the terms of use or the content present on these linked third-party websites.

  2. Disclaimed Liability: The Company disclaims all liabilities associated with the content and use of these linked websites. It emphasizes that these linked websites are not under the control of the Company.

  3. User Responsibility: Users are encouraged to review the terms of use and privacy policy of each linked website before accessing them. Users acknowledge that any risks associated with accessing and using these linked third-party websites are solely their responsibility.

  4. Company’s Non-Involvement: The Company explicitly disclaims any responsibility in any manner whatsoever for any risks or issues encountered while accessing or using these linked third-party websites.

In essence, this section absolves the Company from any liabilities or responsibilities related to the terms of use or content found on external websites linked from the “Sofisty” website. It emphasizes user responsibility in assessing and assuming risks associated with accessing and using these linked third-party websites.

INTELLECTUAL PROPERTY RIGHTS

This section of the terms and conditions for the “Sofisty” website covers various aspects related to intellectual property rights, including content, trademarks, and copyrights, as well as the permissions granted and restrictions imposed regarding their use:

  1. Ownership of Content: All content, including text, graphics, logos, images, software, etc., featured on the website is the property of Style Union – A Division of Ethnicity Ltd, its affiliates, associates, or content suppliers. This content is protected by Indian and international copyright, authors’ rights, and database right laws.

  2. Limited License: Users are granted a limited license to access and use the website for personal purposes. However, users are not allowed to download, modify, or use any portion of the website’s content for purposes other than personal use without the express written consent of the Company.

  3. Restrictions on Usage: This license does not permit resale or commercial use of the website’s content, collection of product listings, descriptions, or prices for derivative use, or copying of account information for the benefit of another seller.

  4. Trademarks and Service Marks: The trademarks, logos, and service marks displayed on the website are the property of the Company, its affiliates, associates, content suppliers, users, or respective third parties. Users are not allowed to use these marks without prior consent.

  5. Intellectual Property Rights: The Company owns all intellectual property rights associated with the trademark “The Company,” the website, including copyright, patents, designs, trade secrets, and other related rights.

  6. Prohibited Actions: Users are strictly prohibited from using, reproducing, modifying, transmitting, selling, or dealing with the content or intellectual property rights of the website without authorization from the Company. Framing or using framing techniques to enclose any content or intellectual property on the website for illegal exploitation is also prohibited.

In summary, this section emphasizes that the content, trademarks, and intellectual property rights on the website belong to the Company or relevant third parties, and users are only granted limited rights to access and use the website for personal purposes. Any unauthorized use or exploitation of the website’s content or intellectual property rights is strictly prohibited and may result in discontinuation of services and legal action by the Company.

TRADEMARK INFRINGEMENT COMPLAINTS

This excerpt from the terms and conditions for the “Sofisty” website addresses the procedure to be followed in case of a trademark infringement complaint:

  1. Respect for Intellectual Property Rights: The Company acknowledges and respects the Intellectual Property (IP) Rights of IP owners.

  2. Trademark Infringement Complaint Procedure: If a user feels that their trademark has been infringed upon, they are instructed to contact the Company via email at kayraenterprise7233@gmail.com. The subject line of the email should be “Trademark Infringement Complaint.”

  3. Required Details: The user filing the complaint is requested to provide complete details, including their name, contact address, and specifics of their IP (Intellectual Property). Additionally, they should mention the products listed on the website that allegedly infringe upon their IP.

This section outlines the formal procedure for reporting trademark infringement on the website. Users who believe their trademark rights have been violated are encouraged to follow this process to address their concerns regarding the alleged infringement.

FEE

This section from the terms and conditions for the “Sofisty” website clarifies the current status of accessing the website free of charge while reserving the Company’s right to potentially charge users in the future:

  1. Free Access Currently: Users are currently allowed to access and use the website free of charge. This means that there are no fees or charges imposed on users for using the services provided by the website at the present time.

  2. Reserved Right to Charge: The Company explicitly reserves the right to change this policy in the future. It states that, after providing due notification in advance, it may decide to implement charges for using the website and availing the services offered through the website.

  3. Compliance with Applicable Laws: Any potential charges imposed in the future would be in accordance with applicable Indian laws governing such charges for the use of online services.

In essence, while the website currently offers its services free of charge, this section notifies users that the Company retains the right to potentially introduce charges for accessing and using the website in the future, following due notice and in compliance with applicable laws.

NOTICE PROCEDURE

This excerpt from the terms and conditions for the “Sofisty” website addresses several key points regarding objectionable content, user complaints, limitations of responsibility, and disclaimers of liability:

  1. Reporting Objectionable Content: Users are encouraged to report objectionable content or instances of their rights being infringed by informing the Grievance Officer through the website’s Notice Procedure. The company pledges to investigate and remove such content promptly upon receipt of a valid notice.

  2. Misuse of Notice Procedure: Users are cautioned against providing false information or misusing the reporting procedure. The company reserves the right to terminate accounts and take legal action against users who misuse the reporting process.

  3. Responsibility After Content Removal: Once objectionable content is taken down, the company’s role and responsibility in the matter are considered fulfilled, and they disclaim any liability related to the objectionable content.

  4. Third-Party Links: The company absolves itself from responsibility for the outcomes of using third-party websites linked to their site.

  5. Website Functionality Disclaimer: The company disclaims any guarantee regarding the bug-free nature, user-friendliness, or safety of using the website, absolving itself from liability concerning virus attacks, bugs, or technical malfunctions.

  6. Interruptions and Errors: The company denies liability for losses due to interruptions, errors, system failures, maintenance, or updates affecting the website’s functionality.

  7. Liability Limitations: The company disclaims liability under various legal grounds concerning user content, intellectual property rights, libel, privacy, and more, to the maximum extent permitted by applicable law.

  8. Unauthorized Account Use: The company disclaims liability for losses incurred due to unauthorized use of accounts or materials, with or without the user’s knowledge.

  9. Third-Party Advertisements: Advertisements for third-party products or services on the website are for informational purposes only, and the company is not liable for them.

  10. Retention of Deleted Information: Users are informed that deleted content might still exist in backup copies.

  11. Losses Incurred: Users are informed that the company will not be liable for any losses resulting from the unauthorized use of accounts or any third-party products advertised on the website.

Overall, this section outlines the procedures, limitations, and disclaimers regarding objectionable content, user complaints, and various aspects of liability that the company holds regarding the use of the website and its services.

LIMITATION OF LIABILITY

This section from the terms and conditions for the “Sofisty” website outlines the limitations of liability for the company, its affiliates, associates, and relevant personnel:

  1. Scope of Limitation: The company, along with its affiliates, associates, and specified individuals such as owners, directors, officers, agents, shareholders, and partners, disclaims any liability for any type of loss or damage incurred.

  2. Types of Damages Excluded: This includes a wide range of damages such as direct, indirect, punitive, incidental, consequential damages, and lost profits arising from the use or inability to use the website. This exclusion applies regardless of the legal basis for the claim, whether it be warranty, contract, tort (including negligence), or any other legal theory or action.

  3. Limitation of Liability: The maximum cumulative liability that the company and its related entities will bear for damages or claims is limited to INR 1,000 (Rupees One Thousand), subject to applicable law. This limit encompasses all matters, and users acknowledge this limit as a reasonable assessment of risks and liabilities.

In essence, this section absolves the company, its affiliates, and related individuals from various types of damages and sets a specific maximum limit of liability that they will bear, ensuring that users are aware of the extent of the company’s liability in case of any claims or damages arising from the use of the website.

INDEMNITY

This excerpt from the terms and conditions for the “Sofisty” website addresses the indemnification agreement:

  1. Indemnification Obligation: Users agree to indemnify and hold harmless The Company, including its affiliates, associates, and specified individuals like owners, directors, officers, agents, shareholders, and partners, from any and all actions, proceedings, claims, losses, damages, costs (including attorney fees), and other expenses.

  2. Indemnification Scenarios: This indemnification obligation arises from various scenarios, including:

    • Violation of applicable laws by the user.
    • Breach of user’s representations, warranties, or covenants.
    • Violation of the policies, guidelines, conditions of service, or other terms outlined by the Company, including modifications or additional instructions.
    • Infringement of third-party rights by the user.

  3. Survival of Clause: It’s highlighted that this clause regarding indemnification survives the termination of the terms. This means that even after the termination of the agreement between the user and the company, the obligation to indemnify and hold harmless remains.

In essence, this section outlines the user’s responsibility to indemnify and protect the company and its affiliates from any liabilities, costs, or damages arising from specific actions or violations by the user during their use of the website.

TERMINATION

This section from the terms and conditions for the “Sofisty” website outlines the circumstances under which the company reserves the right to terminate services to users:

  1. Termination Rights of the Company: The Company holds the right to terminate services provided to any user without prior notice in the event of the user’s default. This default includes but is not limited to:

    • Breach of applicable laws.
    • Violation of the company’s policies, guidelines, conditions of service, or other terms outlined by the Company, including modifications or additional instructions.

  2. Blacklisting of User Information: Upon termination, the user’s information and details will be blacklisted by the website and considered whenever necessary.

  3. Other Termination Scenarios: The Company also reserves the right to terminate services:

    • If required under applicable law.
    • If providing services to the users is not economically viable for The Company.

  4. User Account Closure: Users have the option to discontinue availing services by closing their user accounts on the website.

  5. Effects of Termination: Upon termination of the user account, the user will no longer be eligible to purchase products through the website. Additionally, any content, reviews, comments, or material posted by the user on the website will be removed by The Company.

  6. Retention of Personal Information: The user’s personal information will reside in the website’s database for a certain period post-termination. Certain terms and conditions outlined in the policies, guidelines, and terms of service continue to be binding on the user even after termination. If a user is found using the website post-termination without authorization, they may be prosecuted by The Company and held liable for unauthorized use, with a requirement to compensate The Company for any such use.

This section provides clarity on the circumstances leading to the termination of services provided to users, the implications of such termination, and the handling of user information post-termination.

MISCELLANEOUS

This excerpt from the terms and conditions of the website “Sofisty” covers various clauses related to the use of location-based services, severability, captions, partial invalidity, notices, assignment, and non-liability for non-receipt of service messages:

  1. Location-Based Services: The website uses location information with user permission to provide location-based services such as finding nearby stores, offering brand news, and providing relevant information based on the user’s profile or preferences when required. It specifies that continuous tracking is not conducted but uses location data when needed.

  2. Severability: Each provision within the terms is considered separate and if any provision becomes invalid, illegal, or unenforceable, it will not affect the validity of the remaining provisions.

  3. Captions: Captions used in the terms are for convenience and should not be used to interpret the provisions. In case of conflicts between captions and related text, the text prevails.

  4. Partial Invalidity: If any provision is deemed illegal, invalid, or unenforceable, the terms will still be applied to the extent possible. The company may introduce a new legal provision to replace the invalid one.

  5. Notices: The website may issue notices through banner notifications on pages or via email to alert users of changes in the terms. Users agree to receive communications through their accounts, email, or mobile, and they’re responsible for updating their settings to receive timely notices.

  6. Assignment: Users are not allowed to transfer their rights or obligations under these terms and the privacy policy to a third party.

  7. Non-liability for Non-receipt of Service Messages: The company and its affiliates won’t be liable if users do not receive service messages or notices from the website.

These clauses clarify the usage of location-based services, legal principles governing the terms, communication methods for notices, and the restrictions on users’ ability to assign their rights. Additionally, they absolve the company from liability in cases of non-receipt of service messages.

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