USER AGREEMENT : E – COMMERCE TERM & CONDITION
This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of soyanshiindustries (Trademark Name of “Sunray Smart Solutions Private Limited”), and its subsidiaries/affiliates (hereinafter “soyanshiindustries”).
Any person ("User") who inquiries about or purchases any products or services of soyanshiindustries through its websites, sales persons, offices, call centres, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
Both User and soyanshiindustries are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
“Terms of Service” available on soyanshiindustries’s website detail out terms & conditions applicable on various services or products facilitated by soyanshiindustries.
Minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Sites. Any person under the age of 18 shall not register on the Sites and shall not transact on or use the Sites. If a minor wishes to use or transact on the Sites, such use or transaction may be made by the minor’s legal guardian or parents on the Sites. soyanshiindustries reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Sites if it is brought to soyanshiindustries’s notice or if it is discovered that such person is not eligible to use the Sites.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the products / services provided by Platform. Our products are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872. soyanshiindustries advises its users that while accessing the Platform, they must follow/abide by the related laws, soyanshiindustries is not responsible for the possible consequences caused by user behaviour during use of platform.
We record buying and browsing activities of our users including but not limited to your contact details and profiles and uses the same to provide value-added services to our users.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
AMENDMENT TO USER(S) AGREEMENT
soyanshiindustries may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not adhere to the changes, You must stop using the Platform. Your continuous use of the platform will signify your acceptance of the changed terms.
REGISTRATION AND YOUR ACCOUNT
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in. User(s) can become a registered User(s) by filling an on-line registration form on the Platform by giving desired information (name, contact information. details of its business, etc.)
Sales tax/ VAT registration/service to /excise duty registration (replaced by GST regime): or
License/registration under Shops and Establishment Act, issued by a Government Authority, reflecting that the entity person holding the license, is itself/ himself/herself engaged in a business involving commercial activity; soyanshiindustries will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to Your Account. If You use the Platform as Registered User, You are responsible for maintaining the confidentiality of Your User ID and Password. You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system and computer network, and You are responsible for all activities that occur under Your User ID and Password, email id and phone number as the case may be.
By becoming a Registered User, You consent to the inclusion of your personal and non-personal data in our on-line database and authorize soyanshiindustries to share such information with other user(s). soyanshiindustries may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason, you can access and update much of the information you provided us on the website. You consent to be contacted by soyanshiindustries through phone calls: SMS notifications or any other means of communication, in respect to the services provided by soyanshiindustries.
RIGHT TO REFUSE
soyanshiindustries at its sole discretion reserves the right to not accept any request without assigning any reason thereof.
In addition to other remedies and recourse available to soyanshiindustries under this User Agreement or under applicable law, soyanshiindustries may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
The User is in breach of this User Agreement; or
soyanshiindustries is unable to verify or authenticate any information provided by the User; or
soyanshiindustries believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of soyanshiindustries, or soyanshiindustries itself.
Once a User has been suspended or terminated, such User shall not register or attempt to register with soyanshiindustries with different credentials, or use the Website in any manner whatsoever until such User is reinstated by soyanshiindustries. soyanshiindustries may at any time in its sole discretion reinstate suspended users.
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by soyanshiindustries and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other sales channels of soyanshiindustries, as may be applicable. soyanshiindustries does not grant the user a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.
soyanshiindustries reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violate of any applicable law to India. On receiving such report, soyanshiindustries reserves the right to investigate and/or take such action as the Company may deem appropriate.
The Website is meant to be used by bonafide User(s) for a lawful use.
. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to soyanshiindustries is true and accurate
soyanshiindustries respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information-
clear identification of such copyrighted work that you claim has been infringe
location of the material on the Website, including but not limited to the link of the infringing material;
The proof that the alleged copyrighted work is owned by you;
The aforesaid notices can be sent to soyanshiindustries by email at firstname.lastname@example.org.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify soyanshiindustries immediately in writing of any unauthorized use of their password or account or any other breach of security. soyanshiindustries will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.
soyanshiindustries keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations
soyanshiindustries adopts the best industry standard to secure the information as provided by the User. However, soyanshiindustries cannot guarantee that there will never be any security breach of its systems, which may have an impact on User’s information too.
The data of the User as available with soyanshiindustries may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, or software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by Indian and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by Indian and international copyright laws.
NOTICE OF COPYRIGHT INFRINGEMENT
soyanshiindustries.com does not permit copyright infringing activities on this Site and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. soyanshiindustries.com may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to this Site is determined to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may notify soyanshiindustries.com by providing the following information in writing-
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists;
Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit soyanshiindustries.com to locate the same;
Information reasonably sufficient to permit soyanshiindustries.com to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our prior express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by soyanshiindustries.com
Special Notice: We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in meta tag keywords is trademark infringement, and the use of trademarks or names in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our prior express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other "hidden text" utilizing our name or trademarks; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our trademarks, logos, or other Materials with advertisements and/or other information not originating from our Site.
Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, soyanshiindustries.com reserves the right to seek all remedies available by law and in equity. soyanshiindustries.com retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that soyanshiindustries.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
COMMENTS, COMMUNICATIONS AND OTHER CONTENT
This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the public and, whether or not such User Submissions are published, soyanshiindustries.com does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they so choose.
Membership on the Platform is free for buyers. soyanshiindustries does not charge any fee for browsing and buying on the Platform. soyanshiindustries reserves the right to change its Fee Policy from time to time. In particular, soyanshiindustries may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event soyanshiindustries reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be_ Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform, Unless otherwise stated, all fees shall be quoted in Indian Rupees, You Shall be solely responsible for compliance of all applicable laws including those in India for making payments to soyanshiindustries.
ORDER DELIVERY TIME
If material is in stock of or is readily available with us, it’s dispatched in 3-4 business days on receipt of the complete payment for the order placed online. For Special orders or out of stock items, the delivery time will be changed accordingly. If we are not able to fulfill Your order, we will refund Your entire amount collected within 15 business days. If order delivery time exceeds the above committed timelines, we will contact You to determine if You want to execute the order with the new delivery time. If You do not wish to execute the order at that time, the entire amount shall be refunded.
The right to cancel any order for any reason is reserved with soyanshiindustries of the goods. Possible reasons for cancellation include, but are not limited to the following-
Potentially fraudulent order - Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, Your order may be cancelled
Incorrect Pricing - Due to the volatile market for collectible product, there may be major fluctuations in price at times. Therefore, soyanshiindustries reserves the right to remove any item from any order and provide a full refund to the customer for that item.
Non-Payment of Non-COD -orders - If payment is not received within a reasonable amount of time after the order has been placed. Your order may get cancelled without notice
Non availability of the product - If the order is not serviceable by the seller due to non-availability of the product.
Non-serviceable address - If your pin code is not serviced by any of the courier partners, your order will be cancelled.
Long gestation time - If the procurement is taking longer than 7 working days and You are not willing to wait further, your order will be cancelled.
RIGHT TO CANCEL
The User expressly undertakes to provide soyanshiindustries with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from soyanshiindustries.
In case soyanshiindustries discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User is not correct or that any fact has been misrepresented by that User, soyanshiindustries shall be entitled to appropriate legal remedies against the User, including cancellation of the product, without any prior intimation to the User. In such an event, soyanshiindustries shall not be responsible or liable for any loss or damage that may be caused to the User or any other person, as a consequence of such cancellation of products/services.
The User shall not hold soyanshiindustries responsible for any loss or damage arising out of measures taken by soyanshiindustries for safeguarding its own interest and that of its genuine customers. This would also include soyanshiindustries denying or cancelling any products on account of suspected fraud transactions.
Content on the Platform is displayed on "AS IS" basis, while soyanshiindustries tries to offer reliable data, soyanshiindustries cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in within the catalogues or create any derivative works based on catalogue content.
FEES AND PAYMENT
In addition to the cost of product, soyanshiindustries reserves the right to charge certain fees in the nature of convenience fees or any other fees. soyanshiindustries further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before collecting the payment from such User.
In cases of short charging of the product amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, soyanshiindustries shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to soyanshiindustries. In cases where the short charge is claimed prior to the delivery of the product, soyanshiindustries will be at liberty to cancel such product if the amount is not paid before the delivery date.
Any increase in the price charged by soyanshiindustries on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a product not getting delivered for any reason whatsoever, soyanshiindustries will process the refund amount paid by the User and intimate the User about the same. soyanshiindustries is not under any obligation to provide an alternate arrangement in lieu of or to compensate or replace the unconfirmed product.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the products/service, as per the applicable laws.
The User agrees and understands that all payments shall only be made to bank accounts of soyanshiindustries. soyanshiindustries or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of soyanshiindustries. The User agrees that if that user transfers any amount against any products or transaction to any bank account that is not legitimately held by soyanshiindustries or to any personal account of any person, soyanshiindustries shall not be held liable for the same. User shall not hold any right to recover from soyanshiindustries any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of soyanshiindustries. The User shall immediately inform soyanshiindustries if such details are demanded by any of its agents’ employees or representatives. soyanshiindustries shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancellation will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that product/service.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY soyanshiindustries
soyanshiindustries will send product confirmation, cancellation, payment confirmation, refund status, or any such other information relevant for the transaction made by the User, via SMS, voice call, e-mail or any other alternate communication detail provided by the User at the time of purchase.
soyanshiindustries may also contact the User through the modes mentioned above for any pending or failed transaction, to know the preference of the User for concluding the sale and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, voice call, email or any other mode by soyanshiindustries are-
Upon the request and authorization of the User;
‘Transactional’ and not an ‘unsolicited commercial communication’ in compliance of the local laws, and
In compliance with the relevant guidelines framed by the Telecommunications Regulatory Authority (TRA) or such other relevant authority in the relevant jurisdiction.
The User will not indemnify soyanshiindustries against all types of losses and damages incurred by soyanshiindustries due to any action taken by the Telecommunications Regulatory Authority (TRA) or such other relevant authority in the relevant jurisdiction, Access Providers or any other local authority due to any erroneous complaint raised by the User on soyanshiindustries with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
User also understands that they will always have an option of withdrawing the consent as set out above. User will have an unconditional right to opt out of receiving messages and email including but not limited to communications that are of marketing in nature by simply writing to soyanshiindustries email@example.com or by amending the notification settings in User’s account profile settings.
ADVERTISERS ON soyanshiindustries, AND LINKED WEBSITES
The Website may contain links to third party websites. soyanshiindustries does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and soyanshiindustries shall assume no liability for the same.
soyanshiindustries is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
soyanshiindustries does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.The linked sites are not under the control of soyanshiindustries and hence soyanshiindustries is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. soyanshiindustries is providing these links to the Users only as a convenience.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
soyanshiindustries’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately on firstname.lastname@example.org.
The User agrees to indemnify, defend and hold harmless soyanshiindustries, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and soyanshiindustries cannot be held responsible for the same.
Returns is a scheme provided by soyanshiindustries directly in terms of which the option of replacement and/ or refund is offered by the soyanshiindustries to You only in case of physical damage. All products listed under a particular category may not have the same returns policy. All returns are further subject to the terms, conditions and policies of our payment, service providers
SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
CONFIDENTIALITY: Any information which is specifically mentioned by soyanshiindustries as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
FEEDBACK FROM CUSTOMER: soyanshiindustries would like to know the feedback of the Users for improving its services. The User hereby authorizes soyanshiindustries to contact the user for their feedback on various services offered by soyanshiindustries. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to soyanshiindustries for specific exclusion at email@example.com
The User shall not write or send any content to soyanshiindustries which is, or communicate with soyanshiindustries using language or content which is:
abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
contrary to any applicable law;
violates third parties intellectual property rights;
a spam or
in breach of any other part of these terms and conditions of use.
If the User violates any of the aforesaid terms, soyanshiindustries shall be at liberty to take appropriate legal action against the User.
In accordance with Information Technology Act 2000, rules made there under, and the Consumer Protection (E-Commerce) Rules, 2020, any grievance shall be addressed to the grievance cell at the below contact details:
Phone: 0866-4000239 (timings: 9.00 AM to 6.00 PM )