Terms & Conditions

This website and its affiliates provide their services to you subject to the terms and conditions given hereunder. If you visit us at  www.thesoumiscanproduct.com there are certain Terms and Conditions which we insist upon to read them carefully. In addition, when you use any current or future www.thesoumiscanproduct.com service (e.g. Your Account/Profile etc.) or visit or purchase from any business affiliated with www.thesoumiscanproduct.com, whether or not included in the concerned website, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by www.thesoumiscanproduct.com. By using the shopping and other services of www.thesoumiscanproduct.com, you agree to be bound by these terms and conditions. All products/services and information displayed on www.thesoumiscanproduct.com constitute an “invitation to offer”. Your order for purchase which shall be subject to the terms and conditions as listed below www.thesoumiscanproduct.com reserves the right to accept or reject your offer at any time or under any circumstances.

1. USE OF THE WEBSITE

1. As a condition of your opting for availing the facilities provided in the Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to enter into at your volition a binding legal obligations; (iii) you will use this Website in accordance with and submitting to and accepting the specified Terms and Conditions; (iv) you will only use this Website to avail our servicesto buy the products listedfor you or for another person(s) for whom you are legally authorized to act; (v) you will inform such other person(s) about the Terms and Conditions that apply to the goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on www.thesoumiscanproduct.com by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule you have made on their behalf as well as acceptance of all regulations, obligations, stipulations and restrictions applicable thereto; (vi) all information supplied by you on this Website are true, accurate, current and complete, and (vii) if you have an account to this website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain exclusive right at our sole discretion to deny access to anyone to this Website and for providing any services we offer, at any time and for any reason, including, but not limited to, for violation of Terms and Conditions.

2. User of the Website for any speculative, false or fraudulent bookings is strictly prohibited.

3. Any transmission or insertion of any threat, defamatory aspersions, directly or by innuendos, pornographic, obscene or political or racist material or any material that is otherwise unlawful is not merely expressly prohibited, but shall incur severe penal actions in accordance with law. 

4. The Company will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles 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. No undue advantage thereof could be availed or demanded.

5. The Company does not provide any warranty that the website is or shall always be free from any intrusion of viruses or of being hacked or of being contaminated or being infected with destructive properties and the Company shall not be responsible or liable for any such event in any manner whatsoever. 

2.  DEFINITIONS :

The terms “we“, “us“, “our“, “Company” and/or “Vendor” / “seller” /”affiliates” shall mean the person or any legal entity who offers for sale, sells the products on the www.thesoumiscanproduct.com platformone of the largest online Ayurvedic ProductCompany with an extensive portfolio of highest reputation operating under the brand name of “M/s. Soumis Herbal Products Pvt. Ltd.”, whose contact details could be attended to at the end of these Terms (please see below at “Correspondence”) OR could be informed through web page, under category Contact.

The term “Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on www.thesoumiscanproduct.com by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.

The term “you“, “your“, “customer”, “Party”, “party”, “User”, and/or “client” refers to the customer visiting our website, booking and/or purchasing any product through us or otherwise using our services.

Moreover, for the purposes of these terms and conditions the following words or phrases shall have the meaning shown below, unless the context clearly indicates otherwise:

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time. 

“Booking”: shall mean due confirmation from our end following any order for products you make on our Website.

Confirmation/Acceptance at our discretion shall mean a contract concluded after having received full payments from you followed by confirmation email/sms.

” www.thesoumiscanproduct.com” means the online shopping platform, and the services provided by it which provides a venue/platform to the Users of www.thesoumiscanproduct.com to buy the products listed on the website.

“Customer”, “Users”, “Party” or “Client”: The person who purchases any product/package in own volition accepting the Terms and Conditions and we agree to provide services. 

“Service(s)”: a service offered by our website, such as an offer/sale of necessary products as listed in the Website.

“Charges”: means the apportioned fees forming out of total cost of the service rendered to the Customer as indicated in the Confirmation page and email that covers the services rendered, but not inclusive of levies, outgoing and taxations.

“Website”: means the http://www.thesoumiscanproduct.com website.

3. GENERAL

1. Please take time to read the terms and conditions in detail prior to entering into “acceptance’ as it is important that you understand the terms applicable relating to opting for the Products under the different plans/categories. We will not allow you to purchase any products/packages offered by us in our website from any of our plans/categories unless you have confirmed that you have read these terms and agree to abide by the same by entering “Accept”. Once the same is accepted, you would be deemed to have entered into a binding Contract at your own accord and undertakes to abide by the same without any deviation or breach.  PLEASE FEEL FREE TO CALL US OR POST US IN OUR MAIL ID IF YOU HAVE ANY QUESTION BEFORE ENTERING “ACCEPT”. 

2. The Purchasing Party (addressee) of this notice will be the only recipient of this purchase receipt and terms and conditions. It is the sole responsibility of the addressee to inform all other parties associated with the Addressee of the accepted contents of these terms and conditions. The Party, who is purchasing any product from our website, by accepting this receipt and making payments to the Company, shall be deemed to have acknowledged irrevocable acceptance of these terms and conditions and contract, so opted.

3. The Company will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles 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. 

4. The Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services. Any interruption or errors in the operation of the services. You expressly understand and agree that www.thesoumiscanproduct.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.

5. In most cases this will mean that there would be additional terms and conditions governing the contract as each supplier will have independent additional terms and conditions relating to that product and the Customer shall be deemed to have accepted and acknowledged the same. 

6. Where we act as agent, the same would imply that we have no contractual liability to you in respect of that product. However, on the other hand, for some products, we act as principal, in which the contract for the product shall be between you and us. 

7. Save and except the Packages/Products directly undertaken by the Company, for other packages are invitation to you to accept the offer or not provided to us by Third Parties under agreements with us. You are free to accept or reject such offer at your discretion. 

8. Please make sure that you have read and understood all the terms and conditions of the concerned www.thesoumiscanproduct.com, as it is your responsibility to make sure you have done so prior to availing the services and/or purchasing any products. Once opted for while it shall be construed that you have accepted the terms, stipulations and obligations and once we have processed your accepted package/product, a Confirmation Mail shall be forwarded to you confirming the contract followed by booking confirmation (subject to payments as per requirements). No subsequent changes/alterations will be entertained towards the product/package once selected.

9. The Company shall at no point of time be responsible or liable for any increase or variation of price as shown and all services and prices are subject to change without notice and subjective of any unavoidable circumstances beyond being immediately remedied. The Customer shall always remain liable for due payments of any increase of price, no sooner the same is called for. 

10. You hereby undertake to us that the details you provide to us while purchasing the packages/products are true and correct and that there are sufficient funds to cover the cost of the package or products including costs increases.

11. While in normal course, we may not provide you Notifications, which you may not want, but no assurances could be provided for the Notifications from the Third Parties to whom your details are so shared on the basis of services opted for.

12. While due to electronic users and sophisticated technology, there could be a few omissions or variations, we would make best endeavors to correct the same as and when the same is brought to our notice, provided however, any unintentional error or mistake shall not be interpreted otherwise or be taken of undue advantages. For example, due to variation/changes, price, product or service or other detail may vary from time to time than those are provided in the website. Thus the declared price in the Website shallnot beconstrued to be any declared promise or undertaken obligation on the part of the Company or of any actual ultimate service provider. In the event of any discord expressed on the part of the Customer, the Company shall have unfettered right to cancel the Contract, without attaching any liability therefor. 

13. Not withstanding anything contained here in, www.thesoumiscanproduct.com acts only as a booking agent/platform to facilitate/integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, online mobile webstore, online mobile apps, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall the Company, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.

14. In as much as each and every feedback is valuable for necessary redress, we request you and/or each and every member of the group to fill up the feedback form in the website at the time of purchasing the product that you are availing so as to make necessary endeavor to render necessary assistance. Any belated reporting shall not be entertained.

15. The Company does not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the use of the website or for any products or services purchased from the website. 

16. You accept financial responsibilities for all transactions made under your name or booking account. 

17. The Party(s) entering into the contract with the said Company is/are at liberty to assign his/her/their packages/products to anyone else and if the shipping address is different to that of the billing address then for such, an additional amount of Rs. 100/- will be charged by the Company. In such event the Third Party to whom the package/products has been assigned shall be considered and referred to as the “guest” and the binding contract entered into by the principal shall remain binding and operative with all warrantees and the same shall be binding upon the Guest. 

18. The Party(s) entering into the contract with the Company is/are at liberty to purchase gift vouchers and gift it to anyone else from that of the website. A written intimation has to be given to the Company prior to such purchase of the gift voucher and subject to payment and clearance of all dues and payments required to be made under the package(s)/product(s) entered into. The Party(s) whose favour such Gift Voucher is intended to be made, shall be responsible and liable for ensuring the Transferee enter into self same similar binding Contract with the Company, as otherwise, the proposed Transferor shall remain obligated to fulfil the undertaken obligations. 

19. All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on www.thesoumiscanproduct.com on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on www.thesoumiscanproduct.com is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to www.thesoumiscanproduct.com. The Company does not take any responsibility for any incorrect or error in the display/showcase of such information.

20. In no event and/or under no circumstances whatsoever, shall the Company be liable for any accident or mishap of any nature or loss or damage of any product or otherwise of any nature during the course of availing the products. The company will not take any responsibilities if you do not follow the steps mentioned on ‘How to Apply’.If you mix any other products with that of the Company’s products and get any negative effects, the Company shall not be held responsible for the action as stated hereinabove or otherwise by whatever name called or described. 

21. The Terms and Conditions may be amended, altered or modified by the Company at its discretion at any time without notice. Thus, it isessential that you peruse the Terms and Conditions prior to making each and every booking/purchasing any product, so as to ensure that you are aware of and accept proper Terms in operation at the time of opting for purchasing any product(s)/package(s).

22. Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with www.thesoumiscanproduct.com.

4. BOOKING

1. Where your contract is not with the Company but with a third party supplier such as a Courier, freight or handling charges or shipping charges or statutory taxes, the Company may pass the details of any payment modality opted by you together with necessary essential details to that third party. You opting for any such services will constitute express consent to provide the concerned Third Party your personal details, including Credit Cards details with no liability to the Company.

2. In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. The Company and/or its website www.thesoumiscanproduct.com will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User. 

3. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred bythe Company for re-delivery shall be claimed from the User placing the order.

4. The Party(s) entering into the packages while purchasing any products with the Company will be only entitled to benefits as provided under the respective plan if current photographs are furnished with sufficient and proper details with the duly completed application. If there are any changes to the details supplied to us by you after entering into the any of our packages of any products mentioned in the website, www.thesoumiscanproduct.com, it is your responsibility to inform the Company within 1 day by contacting our Customer Services or else the Company may at its discretion forfeit the entire money paid to the Company at the time of maturity. 

5. The Company and/or its affiliates reserve the right to cancel orders for the product shown in the website www.thesoumiscanproduct.com, at their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.

6. If there be any special needs or any disability, the same must be informed beforehand and verify that such additional facilities are available or not. The Company provides no guarantee as to the ability or facilities advertised on its site to meet the special needs of disabled clients. For information concerning the suitability for disabled persons for any package/product, the Customer is required to contact the actual service provider directly.

7. If you use www.thesoumiscanproduct.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. The Company does not by its policy sale any of its products to children until and unless there is consent of his/her guardian and the same could only be purchased by an adult with a credit card or otherwise. The Company has the right to cancel any order or service to the User in case of any misinformation or misguidance and/or misrepresentation. The Company and/or its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

8.  The Company is associated with various business partners for the supply and service of goods directly to the customers. The after sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be undertaken and handled by the respective business partners or through their respective service centres.

9. In case of the payment Receipts and/or Booking details are untraceable, the receipts and details provided by the Company may at the request be re-issued against payment of Fee, as may be determined by the Company from time to time. 

10. The refund amount will be dependent upon various factors and as per the policies of the concerned ultimate service providers and only upon receipt of the same, it would be forwarded to the Customer by the Company. The Company shall not be responsible for any delay or be liable to provide any explanation as the quantum of refund. 

11. While a Customer may opt for assorted purchases such as two identical products at the same place at the same time or a same product at one place and another identical product at another location at the same time, the Customer shall not be entitled to any refund on account of any cancellation and the Company shall not have any liability to provide any refund on such account.

12. In the event of any unforeseen demise of the Customer, the nominee or in absence of the nominee, the legal heir(s), successor(s) of the concerned Applicant is/are entitled to the benefits in respect of the product purchased, subject to the clearance of all charges paid to the said Company.

5. PAYMENTS

1. Except where noted otherwise, the Selling Price/ www.thesoumiscanproduct.com price/MRP/MOP/List Price/Offer Price displayed for products on our websites/mobile sites/applications represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. 

2. The Selling Price/ www.thesoumiscanproduct.com price/MRP/MOP/List Price/Offer Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/ www.thesoumiscanproduct.com price may represent “open-stock” prices, which mean the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of www.thesoumiscanproduct.com.

3. The Company offers a secure server for your credit card payments. Alternatively, you can pay through PayUMoney, or through Debit Card or make a direct deposit. We do not offer or entertain any purchase of our product(s)/package(s) by means of “cash on delivery”. Please visit our payments page for more details.

4. When any booking is made on our website, providing Credit or Debit Card details is mandated in order to cover the full cost of the Products purchased and/or for sharing the same to the service provider(s) for fulfillment of the charges. 

5. Any one may have multiple products purchased from www.thesoumiscanproduct.com, totaling the amount quoted for the products and the Company shall have the authority to obtain full payments for the total amount of the products opted for. 

6. In addition, the Customer may be required to present concerned Photo ID Card details at the time of delivery of the package and/or any product(s). 

7. If there be any deficiency or problem with regard to payment, the Company would intimate the same within 48 hours for necessary address thereto. The Company shall not be liable for any price increase as a result of any delayed payment or failure. Any price increase must be paid for by the Customer before the package/product can be confirmed.

8. The Company shall have no obligation to issue any products, prior to settlement of and securing entire payment process. In all cases the Customer remains liable for payment of the full amounts for the packages/products opted for.

9. Any payment through Credit Card, a card fee will be applied automatically:

0.00 % – Mastercard, Visa.

0.00. % – American Express

This fee covers a range of costs associated with processing bookings paid for by credit card including bank fees, card merchant fees charged by the credit card companies. There are no card fees associated with the direct form of payment to the counter at the office of the Company.

10. By providing credit card details and accepting the Terms & Conditions, the Customer expressly authorizes the Company to debit required funds, in accordance with the terms & conditions of the Direct Debit Request Service Agreement ( DDRSA) as amended from time to time.

11. The Banker or the Credit Card Provider of the Customer may apply currency conversion fees. 

12. Any fees charged to the Company by credit card payment provider arising from a chargeback or a disputed charge on the cardholder’s credit card will be charged to the cardholder. This fee is non-refundable.

13. The package cost includes fees such as service fee and card fee (when paying with card only), a breakdown of the fare, taxes, surcharges and extra fees and the total product price are indicated at various steps during booking procedure. At the final step before validating the booking, an overview with total price will be displayed. Once the Customer clicks “submit”, it would be deemed that the Customer agrees to and accepts with the price and purchase.

6. CANCELLATION

1. The Company offers totalreplacement of the productin case of;

1. As stated hereinabove that your product will be reached to you via merchant, therefore if any manufactured damage occurs from their side then, we will replace back your product but only after getting the return of products and confirmation from the merchant that it had been damaged due to their fault. The replacements can only be made after getting such confirmation from the side of the merchant/courier/delivery person, so it might take certain time for the proper execution.

2. The replacement of the product that you have ordered will be depending upon various factors and as per the policies of the concerned service providers and only upon receipt of the same, it would be forwarded to the Customer by the Company. The Company shall not be responsible for any delay or be liable to provide any explanation whatsoever for such delay. 

3. Such products which have been damaged due to the fault of the merchant shall have to be returned to the Company within 7 days from the date of receipt of the product or else the Company will not take any responsibility of replacing back due to any reason whatsoever.

4. You are entitled to get a same product that you had purchased from the Company at free of cost if and only there is a manufacturing defect of the concerned product purchased from www.thesoumiscanproduct.com.

5. The replacement of the product in case of reasons stated hereinabove shall be replaced back to the same address of the same customer who had purchased from www.thesoumiscanproduct.com except that of the delivery charges.

6. The Company and/or its website www.thesoumiscanproduct.com will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.Any request for cancellation of orders once duly placed on the site, shall not be entertained.

2. In case of the payment Receipts and/or Booking details are untraceable, the receipts and details provided by the Company may at the request be re-issued against payment of Fee, as may be determined by the Company from time to time. 

3. www.thesoumiscanproduct.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective products etc.

4. The company reserves the right to cancel any product/package, without assigning any reason, in such an event, all monies paid will be fully refunded forthwith in Indian Rupees currency only without attaching any liability to provide any compensation or interest or any additional payment whatsoever.

5. Any payments to shipment/courier or credit card charges are non-refundable. 

6. Any alteration or cancellation of products/packages after opening the seal of the product or package shall not be entertained for any reason except manufactured defect. 

7. Any request for cancellation of orders once duly placed on the site, shall only be entertained if the customer who had booked the product cancels it within an hour from the time of the booking after which no cancellation shall be entertained for any reason whatsoever under any circumstances. Once the booking of the order placed by the customer is cancelled within an hour then the amount shall be kept in the account of the www.thesoumiscanproduct.com in the name of the customer who had cancelled the booking which the customer during the future transaction can utilize the said amount or more than that of the amount kept credited in his name. No amount can be transferred back to the customer and the customer can purchase any product either to the exact amount kept in the name of the customer or more than that. 

7. FORCE MAJURE

1. Notwithstanding any other stipulations in this Agreement, neither Party shall be liable to the other for any loss, damages, costs, expenses or other claims for compensation arising as a direct or indirect result of any breach or non-performance of the Agreement due to any Force Majeure occurrences,

2. In respect of any carriage by air or sea or surface, the responsibilities and liability of the Company shall be limited to the extent of the relevant international convention and as provided heretofore. The Company shall have no liability or responsibility if there be any delayor rescheduling or cancellation of delivery by any Carrier thereby affecting any cancellation of delivery of the product/package or any part thereof by any reason of unusual and unforeseen circumstances beyond the control of the Company or that of is any service providers, or due to any act of God, natural calamity, fog, rain, flood, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure and no claim of any nature either of any prejudice, or any resultant expenses or additional costs shall be sustainable against the Company and/or its service provider.

3. While best endeavors have been undertaken to apprise the Customer for every eventualities but due to circumstances arising out of various imminent unforeseen factors, any notified facility may be withdrawn, postponed or modified, curtailed or altered, based on prevailing circumstances, including but not merely limited to weather conditions, lack of demand, for maintenance, renovations, political unrest or disorder, brake-down of services, etc. While the Company will make all reasonable efforts to inform the Customer of any change prior to delivery, it is advisable that the Customer should also always keep abreast through constant interactions to avoid least inconveniences. 

4. Suspension of Obligations in the Event of Force Majeure: No delay or failure in performance by the Company shall constitute default or give rise to any claim for damages to the extent, such failure or delay is caused by event of Force Majeure as stated in Clause X (1). 

8. ENTIRE AGREEMENT

This Agreement contains the entire agreement entered into between the parties with respect to the subject matter of this Agreement and supersedesall prior exchange of letters/mail, scribbling, writings or arrangements whether written or oral between the parties with respect to the subject matter of this Agreement. No amendment, interpretation or waiver of any of the provisions of this Agreement shall be effective unless made in writing and signed by each party to this Agreement. Each of the parties acknowledge and agree that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding of any person (whether party to this Agreement or not) other than as expressly set out, or referred to, in this Agreement.

9. PARTIAL INVALIDITY

In the event that any clause or term of this Agreement is deemed to be invalid or unenforceable, the same shall not affect the legal enforceability of this Agreement as a whole and the parties agree to replace such invalid clause with a mutually agreed enforceable replacement clause, as close as possible in interpretation to the invalid clause.

10. LANGUAGE

All correspondence, documentation and oral discussion with respect to the Contract and the Consultant’s personnel provided hereunder shall be in English.

11. NOTICES

All notices and communications have to be forwarded to the appropriate address set forth in the www.thesoumiscanproduct.comeither through courier, email or through registered post.

12. INTELLECTUAL PROPERTY

No one shall have any right or authority to use in any manner whatsoever the Company’s intellectual properties including its name, trademarks, service marks and logos of the Company as well as www.thesoumiscanproduct.com on the home page of the websites , mobile site or applications & other pages and as used in the communication to the Userwithout prior written authorization of the Company.

13. WAIVER

Failure of the Company at any time to demand strict performance by the Customer of any of the undertakings, terms or conditions set forth herein shall not be construed as a continuing waiver or relinquishment thereof. Any delay in exercising any rights available to the Company under the Agreement shall not be deemed to be a waiver of that right and the Company shall be entitled to exercise such rights at any time after such rights have accrued.

14. RISK OF LOSS

All items purchased from www.thesoumiscanproduct.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer. 

15. Product Description

www.thesoumiscanproduct.com and its affiliates attempt to be as accurate as possible. However, the Company does not warrant that product descriptions or other content or prices/amounts on www.thesoumiscanproduct.com are accurate, complete, reliable, current, or error-free. If a product offered by www.thesoumiscanproduct.com itself is not as described, your sole remedy is to return it in unused condition. 

16. ADVERTISING MATERIAL

 Part of the sites/applications contains advertising/other material submitted to www.thesoumiscanproduct.com by third parties. Responsibility for ensuring that material submitted for inclusion of www.thesoumiscanproduct.com complies with applicable International and National law is exclusively on the advertisers and www.thesoumiscanproduct.com will not be responsible for any claim, error, omission or inaccuracy in advertising material. The Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on www.thesoumiscanproduct.com will be subject to www.thesoumiscanproduct.com terms and conditions which are available on request. 

17. ARBITRATION

Any dispute or difference arising out of or related to this Contract or any service of the Company or otherwise, shall be settled through dispute resolution modality of Arbitration only and exclusively in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and its amendments thereto. Such Arbitration shall be conducted in the English language by a sole Arbitrator to be appointed by the Directors of the Company. The proceeding shall be in ‘Fast Track Modality’ in terms of the provisions of the Act and each party shall bear their respective costs and expenses. The decision of the Arbitrator shall be final and binding upon both the parties. No other recourse shall be undertaken in any form or manner. 

18. GOVERNING LAWS AND JURISDICTION

This Agreement shall be governed by and construed in accordance with Indian law. Subject to arbitration provided hereinabove if the process of the courts is required to be invoked for enforcement including for seeking of any interim relief the competent courts, tribunals and Forums, then Courts at Kolkata shall have only and the exclusive jurisdiction in relation to this Agreement and both the Parties hereto agree, confirm and accept to the same.

By clicking the “ACCEPT” button, you are consenting to be bound by this Agreement. If you do not agree to any of the Terms and Conditions of this Agreement, do not click the “ACCEPT” button.