TERMS AND CONDITION

INTRODUCTION

Welcome to www.solefry.com, a service provided by S&A Enterprises. By accessing this website you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on solefry.com (from hereon referred to as a site or the site constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Solefry.com reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of solefry.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

COMPANY TERMS OF USE

Solefry.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Solefry.com service (e.g., Testimonials), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Solefry.com reserves the right to change this Site and these terms and conditions at any time. Solefry.com retains the right to deny access to anyone who we believe has violated any of these Terms of Use. If you are under 18, you may use Solefry.com only with involvement of a parent or guardian. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

MEMBERSHIP ELIGIBLITY
  • Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act. 1872 including un-discharged insolvents etc. are not eligible to use the Site.
  • If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
  • Solefry.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Solefry.com discovers that you are under the age of 18 years.
  • The Site is not available to persons whose membership has been suspended or terminated by Solefry.com for any reason whatsoever
  • Solefry.com makes no representation that any product/s or service/s referred to in the materials on this website are appropriate for use or available outside India.
  • Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
  • Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password.
  • Solefry.com does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.
  • Solefry.com allows one registered Membership per legitimate electronic mail address. Solefry.com must approve any exceptions, including the use of one electronic mail address by multiple users.
REGISTRATION OBLIGATION
  • "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature.
  • We will protect Your Information in accordance with our Privacy Policy.
  • Solefry.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
CREDIT/DEBIT CARD DETAILS
  • You agree, understand and confirm that the credit card details provided by you for availing of services on Solefry.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in a credit card transaction you must use your own credit card.
  • You further agree and undertake to provide the correct and valid credit card details to Solefry.com
  • Further, the said information will not be utilized and shared by Solefry.com with any of the third parties unless required by law regulation on court order.
  • Solefry.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
CONTENT POSTED ON SITE

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of Solefry.com throughout the universe. Solefry.com shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Solefry.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of Solefry.com throughout the universe. Solefry.com shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Solefry.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

RULES OF CONDUCT ON SITE

a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

b. Solefry.com may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of Solefry.com violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

c. Any information provided by you on this site shall not be misleading in any way. You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way: • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; • contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian). • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; • engages in commercial activities and/or sales without Solefry.com's "prior written consent" such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Solefry.com 's "prior written consent" means a communication coming from Solefry.com's legal department, specifi cally in response to your request, and specifically in response to your request; • solicits gambling or engages in any gambling activity which Solefry.com, in its sole discretion, believes is or could be construed as being illegal; • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices; • interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or • refers to any website or URL that, in the sole discretion of Solefry.com, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

d. You must use the Site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting user names and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

e. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, Solefry.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which Solefry.com deems appropriate in its sole discretion.

f. You understand that Solefry.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us) to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, espe cially those that may involve personal injury.

g. Solefry.com reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. Solefry.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Solefry.com, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not reflect the views of Solefry.com. In no event shall Solefry.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

h. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Solefry.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

i. It is possible that other users (including unauthorised users or 'hackers') may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Solefry.com does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Solefry.com is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.

j. Solefry.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). Other Businesses

OTHER BUSINESSES

Solefry.com does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on Solefry.com's website, which are linked through including but not limited to Affiliates and sites using Solefry.com's APIs. In addition, Solefry.com provide links to the sites of affiliated companies and certain other businesses for which, Solefry.com is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.

LINKS

This site may contain links to other web sites or you may be linked through other web sites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not Solefry.com is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites. We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Solefry.com . You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Solefry.com site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the Solefry.com site without our prior written consent.

PRIVACY

Use of the Site is governed by our Privacy Policy. Please read our Privacy Policy.

CUSTOMER COMMUNICATION

Solefry.com will communicate with you about your order and the purchased Product through any of the mode using E-mail, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to Solefry.com for this purpose. In case of Cash-On-Delivery orders, customers will receive a confirmatory call by customer care. Only then will their order be sent for processing. If customer care is unable to connect with the customer in two attempts, an email will be sent out to the customer immediately. The customer will have 24 hours to respond to the email. If the customer does not respond, the order will be cancelled. When you use the Site or send emails to Solefry.com, you are communicating with Solefry.com electronically. You consent to receive communications from Solefry.com electronically. From time to time, Solefry.com will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care. 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.

Mandatory Declaration - Computers
  • You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
  • You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by Solefry.com on an 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Solefry.com does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Solefry.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website. Solefry.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Solefry.com are free of viruses or other harmful components.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law
  • You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
  • You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on Solefry.com is presented solely for the purpose of sale in India. Solefry.com makes no representation that materials in Solefry.com are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Solefry.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Dispute Resolution by Arbitration:

Any dispute, or claim between us arising out of any use of this website, including the applicability or scope of this arbitration clause shall be referred to and finally resolved by a Sole Arbitrator appointed by Solefry.com, to the exclusion of courts of law, in accordance with the Indian Arbitration Act, 1996. However, before you submit a claim for arbitration, you must first contact customer service representative at Solefry.com and give him/her an opportunity to resolve the dispute. Similarly, before Solefry.com takes a dispute to arbitration, it must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you may inform Solefry.com to appoint Arbitrator to resolve the dispute and Solefry.com shall within 15 days from the receipt of such intimation, appoint the Sole Arbitrator. The venue of the Arbitration shall be at Mumbai and the language of the Arbitration shall be English and the applicable Law shall be the Laws of India. Any award rendered pursuant to the arbitration shall be final and binding on both parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought. Notwithstanding the provisions in this Clause, Solefry.com shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information etc.

GOVERNING LAW

This site is controlled and operated by S&A Enterprise from Mumbai, India and these terms, and any transaction conducted on or from it shall be governed by the applicable Indian laws without reference to principles of conflict of laws.

Trademark, Copyright and Restriction

This site is controlled and operated by S&A Enterprise. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Solefry.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Surveillance

Solefry.com may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Solefry.com makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Solefry.com ever decides to do it.

Your Account

You agree that any use on the site is at your own risk and Solefry.com is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on Solefry.com are not for people below aged 18, however any product available for children below age 18, can be bought by adults.

Copyright complaint

We at Solefry.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at contactus@solefry.com.

Risk of loss

All items purchased from Solefry.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Description

Solefry.com tries to be as accurate as possible. However, Solefry.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Solefry.com itself is not as described, your sole remedy is to return it in unused condition

Pricing/Typographical error

Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. Solefry.com will try to be accurate, however if you come across any difference in pricing on the Solefry.com Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. Solefry.com shall then refund the difference amount within 10-15 business days of intimation. Cash on Delivery order refunds will be done by Cheque. If Solefry.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.

Intellectual Property Rights

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including Solefry.com Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Solefry.com and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.