In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of:
The Website act as a digital platform which helps Users to create online obituaries and tributes. The Websites helps You to create Your own space to imprint Your loved ones life story and to share the same with others and to generations to come. Apart from online Services, We also publish Obituary advertisements in newspapers across India as per Your request. The Website provides following Services:
The Website provides a login page for every User which would enable them to register and make use of the Services. The Users can choose to avail Our time-based packs for their pages.
2. ACCOUNT REGISTRATIONThe Users shall be from any category and geographical locations. Registration on the Website is not mandatory. The Users have an option of registering with the Website, which would help them avail the Services at ease. You may access the Services by signing in as User by providing the following information which shall include but not be limited to Name, Address with Postal Code, Mobile Number, Email id, phone number etc.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Firm reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Information collected about You is subject to the Privacy Policy of the Company, which is incorporated in these Agreement by reference. Users can invite their contacts on email providers and social networks to use the Website. Users can share information of the Company on the said Third Party platforms.
3. CONTENTBy using this Website, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time We deem fit. Such communications shall be sent to You on the telephone number and/or email address provided by You for the use of this Website which are subject to our Privacy Policy. These communications include, but are not limited to contacting You through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls/ with regard to any communication received from Us, You may do so by sending an email contact@soulprints.in .
5. CHARGESThe membership of this Website is free and this includes the browsing of the Website. However, we reserve the right to amend the charges for the services rendered. Services are charged on the bases of advertising spaces.
The Company reserves the right to amend the fee policy for use of the Website, the download of the application and the charges for any or all Services rendered. In such an event, the User will be intimated of the same when it attempts to access the Website, and the User shall have the option of declining to avail the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
6. MODE OF PAYMENTThe following payment options are available on the Website:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Mastero /Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
7. TAXESThe User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
8. SECURITYTransactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
9. USER’S OBLIGATIONSThe User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
We accept the advertisements only on behalf of the publications featured on the site. It is in no way responsible for any delay by the publications to discharge any of their obligations towards the users.
11. VISUAL CONFIRMATION OF AD RELEASEIf You are not a subscriber of the newspaper then You can verify Your advertisement via the e-paper editions of your newspaper – these can be accessed via this link. The e-paper is an online replica of the print version and is accessible for all leading newspapers and their major editions. If e-paper edition is unavailable then you can ask your family or friends who subscribe to the newspaper to verify your ad . We currently do not provide any service to provide a scanned copy of the advertisement.
12. LISTING PLACEMENT/POSITIONNo particular page/position shall be guaranteed by the publication/ website / portal to its clients for any advertisement.
13. RESCHEDULING ADVERTISMENTSWe reserves the unqualified right on behalf of the publication to decline, change or reschedule any advertisement/listing notwithstanding earlier acceptance by us or even if payment for the advertisement has been made. The conditions contained along with its modifications if any shall always govern the acceptance and publication of any advertisement.
14. SCHEMES, DISCOUNTS, SERVICES AND PUBLICATIONSWe shall reserve the sole discretion and irrevocable right to offer / not offer schemes / services/products/new features/discounts / promotional packages on its web site exclusive to any existing or future media, known or unknown mode and vice versa.
15. DISCOUNT CONDITIONSConditions for discount: 1 Offer cannot be clubbed with any other offer. 2. Limited time offer. 3. Can be withdrawn without notice.
16. CANCELLATION OF CONTENT AND ITS CHARGESWe shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the advertiser by the customer shall be at the applicable rates laid down in the cancellation and refund policy. This can be done till the Ad status reads "Payment Received, Ad awaiting Editorial Confirmation". No changes can be done after status being "Awaiting Release".
17. STOP ORDERS/CANCELLATIONSThe Company management shall not be bound by notices to stop orders, cancellations, preponements/postponements or alterations/deletions/additions in the material(s) of advertisement(s) booked for publication.
18. REFUND POLICYAd cancellation for any reason, would entail a charge of 25% on your total cost would be only permissible till the Ad is not processed to the publication. Under the circumstances an ad is missed to release on schedule date, on request of the customer we can refund the amount with no charges. Ad refunds are processed in the same mode in which we receive the payment. In case of refund of payment made through cash collection from home, we will use Cheque mode to refund the payment. Refunds are processed within 10 business days.
19. COPYRIGHTa. All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
20. COPYRIGHT COMPLAINTSWe respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at contact@soulprints.in .Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
21. AMENDMENTa. You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to :
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
23. DISCLAIMER OF WARRANTIES AND LIABILITIESa) Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The User agrees and undertakes that he is accessing the Website and transacting at his/her sole risk and that he is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
c) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
d) The Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
e) The Website may avail services from third party or may provide links for sharing Our content on Facebook, Twitter or other such third party websites, this is done to serve you better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems. We also disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of www.soulprints.in on any social networking platform.
f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. We are not liable for any inaccurate / misleading information/ advertisement. It is the responsibility of end‐user to research /verify / accept bonafide' content. We are not responsible for the consequences of any actions taken based on the information provided on the website. Buying and selling through Our Website is available only to individuals who confirm all the valid and legal requirements to enter into a valid contract enforceable under the law.
24. DISPUTES ARISING OUT OF THIS AGREEMENTAll disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
b. Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Chennai, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
25. PRIVACYWe encourage You to read the Privacy Policy, and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to information related to Your sign-up) which You provide on the Website are likely to reveal Your information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that We may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy. The data collected from the Users as well as from the Service provider may be located in servers outside of India.
26. PARTNER PUBLICATIONSFor all ads booked for partner publications by the advertiser, the partner publication will take the sole responsibility of publishing the advertisement and its contents. In the eventuality of any deficiency of service the partner publication shall bear the sole responsibility for the same. We shall NOT be held responsible for it.
27. MISCELLANEOUS PROVISIONS:a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
d. Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
28. CONTACT USIf you have any questions about this Agreement, the practices of the Application, or your experience with the Service, you can e-mail us at contact@soulprints.in .