TERMS OF SERVICE

Introduction

Welcome to www.sorbetco.com This website is owned and operated by Soma Fashion LLP, referred to as "We," “Sorbet & Co.,” “Sorbet jewellery," “SCo,” “Sorbet Girl," “S & Co.,” or "The Company." Our registered office is located at: Lodha Bellisimo, Mahalakshmi, Mumbai 400011

By accessing and using www.sorbetco.com, you, the user ("You"), agree to be bound by the following Terms and Conditions.

TERMS AND CONDITIONS OF USE

Please carefully review these terms and conditions of use before using this website. Any use of this website creates a binding agreement between you and us to comply with these terms and conditions. If you do not agree to these terms, you shout exit this website immediately.

1. USER AGREEMENT

The following are terms of a legally binding agreement (the “Agreement”) between you (the “User”, or “you”) and Soma Fashion LLP, its affiliates, subsidiaries, group entities, divisions, and their respective officers, agents, partners and employees (“Sorbet & Co.”, “Sorbet Jewellery”, “Sorbet Girl”, “our” or “us”) that sets forth the terms and conditions for your use of this website (the “Site”). The Site is owned and operated by the Soma Fashion LLP (SFL). This Site is being provided to you expressly subject to this Agreement. By accessing, browsing using the Site, and/or purchasing something from us you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations, regardless of whether you are a registered member of the Sorbet & Co.

You understand and confirm that if you did not agree to be bound by the terms of this Agreement, you had an option to decline this Agreement by not using the Site, however, by your use of the Site you specifically and with a free will made your choice to be bound by the terms of this Agreement.

The terms and conditions of this Agreement will govern all contractual relations between you and us in respect of the Site.

These "Terms and Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Communications

 

When you visit the Site, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order through the Site. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Site and/or your order placed through the Site.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

2. CHANGES TO THESE TERMS OF USE

We reserve the right to amend this Agreement at any time. If we do this, we will notify you of any such changes by posting the revised Agreement on the Site. You should check the link to ‘Terms and Conditions of Use’ on the Site periodically for changes. If any change to this Agreement is not acceptable to you, you may choose to forthwith stop using the Site and the Services. Your continued use of the Site after any change to this Agreement constitutes your acceptance to the new terms of use.

3. ELIGIBILITY

This Site is intended solely for persons eighteen (18) years or older in age, or artificial persons being a company, LLP, partnership, association of persons, society or a trust which are incorporated in accordance with, and are validly existing under applicable laws (through their duly authorized representatives). By using the Site you represent and warrant: that you are either 18 years or older or an artificial person as described above, that you are competent and authorized (applicable in case of an artificial person) to enter into contracts generally, that you do not suffer from any legal disability barring you from entering into this Agreement, and that you agree to abide by all the terms and conditions of this Agreement.

4. MODIFICATIONS TO THE PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or our products.

5. PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

All content on the Site, including but not limited to designs, text, graphics, pictures, audio, video, information, software, sound and other files, and their selection and arrangement, product listings, descriptions or prices, (the "Site Content"), are the proprietary property of SFL. with all rights reserved. No Site Content or Third Party Content (as described herein), including but not limited to any copyrighted material, trademarks, or other proprietary information, may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SFL’s prior written permission.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilising our names or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by us.

Provided that you are eligible for use of the Site and subject to your compliance with these Terms and Conditions of Use of the Site you are granted a limited license to access and use the Site solely for your personal use, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller.

Unless You obtain our prior written permission, You are not authorized to republish Site Content or Third Party Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation or create any hyperlink to the Site, and any other use of the Site Content is strictly prohibited.

Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods.

Any use of the Site or the Site Content or Third Party Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will result in immediate termination of the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable information technology statutes.

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise by SFL. This license is revocable by us at any time without notice and with or without cause.

6. TRADEMARKS AND COPYRIGHTS

The terms “Sorbet & Co.” and “www.sorbetco.com” logos collectively are trademarks, service marks and trade names of Soma Fashion LLP. These trademarks, service marks and trade names must not be used in any manner either, including as part of trademarks and/or trade names and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or mislead the public, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SML.

7. USER CONDUCT AND RESTRICTIONS

You represent, warrant and agree that you will not use the Site for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any governmental body, or these terms, conditions, and notices, including any amendments, modifications or replacements thereto. You further agree that you will not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Additionally, you agree not to attempt to gain unauthorized access to any computer systems or networks connected to any server on which the Site is hosted, through hacking, password mining or any other means. You understand that you, and not SML, is responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You further agree not to use the Site to:  

• submit materials of any kind that violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Permanent Account Number (PAN) and credit card numbers;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share or otherwise make available any material that contains or provides links to software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or network or telecommunications equipment;
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of MMA, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the MMAor its users of the Site to any harm or liability of any type;
• harvest or collect information of others users of the Site, including but not limited to email addresses from the Site by electronic or other means;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or other details or your affiliation with any person or entity;
• intimidate or harass another user;
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam or to cause annoyance, inconvenience or needless anxiety

In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. We reserve the right (but not the obligation) to remove, refuse, delete or edit any content that in our sole judgement of violates these Terms and Conditions of use and, or terminate your permission to access or use this Site.

8. THIRD PARTY PAYMENT SERVICE PROVIDER

We may facilitate third party payment service providers for collecting payment of price and other charges, from you for the products/ services that you may purchase on our Site. The terms and conditions applicable to the services provided by these third party payment service providers are separate and you may be required to agree and accept their terms and conditions before using their services. We assume no responsibility, obligation or liability in this regard. It is your obligation to read, understand and agree to the terms and conditions of the third party payment service providers prior to providing your information, utilizing their service or making payment.

9. LINKS TO THIRD-PARTY SITES AND CONTENT

This Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites” or “third-party content”). We cannot control and have no responsibility for the accuracy or availability of information provided on the third-party sites.  You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement.  Links to third-party sites do not constitute an endorsement or recommendation by us of such third-party sites or the third-party content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk.  Such third-party sites may have a privacy policy different from that of the SML and the third-party site may provide less security than this Site.

10. USE OF PERSONALLY IDENTIFIABLE INFORMATION

By accessing or using the Site, you expressly consent to have your personal data transferred to and processed in India or abroad. The collection and use of personally identifiable information are governed by our Privacy Policy. Please review our Privacy Policy. Your acceptance of these Terms and Conditions result in your acceptance of our Privacy Policy.

11. DISCLAIMERS 

You understand, acknowledge and agree that you are accessing the site and entering into transactions on or through the site at your own risk and are using your judgment before entering into any transactions on or through the website. You are solely responsible for compliance with any applicable laws or regulations with respect to the transactions entered by you on or through the site.

The site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission of or from the site or in respect of any transactions on the site.

We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or on the site or combination thereof, including injury or damage to users or to any other person's computing device related to or resulting from accessing or using the site or conducting a transaction on the site.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user or personal injury or death, resulting from anyone's use of the site, or any third-party content or any transactions entered on or through the site.

Further, we will not be responsible for any business or other loss or damage (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss due to your use of the site.

We reserve the right to change any and all content contained on the site at any time without notice.

12. LIMITATION OF LIABILITY

Under no circumstances will Soma Fashion LLP and/or its partners, officers, employees, agents or representatives be liable for any damages including general, special, direct, indirect, exemplary, incidental, consequential, punitive or any other damages including, without limitation, lost profits or business interruption of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the site content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SML or its representatives thereof, are advised of the possibility of such damages, losses or expenses. 

We will not be responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause that is beyond our reasonable control.

13. DISPUTES

Any complaints relating to the use of the Site will be first directed towards the customer care team at Sorbet & Co., which will make best efforts to resolve the issue. If the customer care team is unable to resolve the issue within 30 business days within receipt of the complaint to customer care, either you or us shall have the right to refer the dispute for arbitration. The arbitration shall be conducted by the IMC International ADR Centre (“IIAC”). The arbitration shall be held in English language, at Mumbai, in accordance with the provisions of the Rules of IIAC and (Indian) Arbitration and Conciliation Act, 1996 or any statutory modification, amendment or replacement thereto.

14. GOVERNING LAW; VENUE & JURISDICTION

This Agreement shall be construed and interpreted in accordance with the laws of India and subject to the agreement to refer the disputes for arbitration, the courts and tribunals in Mumbai shall have exclusive jurisdiction in respect of any matter arising out of this Agreement. By accepting this Agreement, you unconditionally and irrevocably submit to and accept the exclusive jurisdiction or courts and tribunals in Mumbai, and unconditionally and irrevocably waive any objection that you now have or may have in future regarding the choice of jurisdiction and shall not claim that it is an inconvenient forum.

15. INDEMNIFICATION

You agree to indemnify and hold harmless Soma Fashion LLP and/or its partners, officers, employees, agents or representatives from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by them in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) any misleading, false, or incomplete representations made by you, or (iii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter which concerns Us without the Our prior written consent.

16. SUBMISSIONS ON THE SITE

All questions, comments, suggestions, ideas, feedback or other information about the Site or any activity or exhibition conducted on the Site ("Submissions"), communicated to us through this Site will become and remain our property, and We are entitled to use any Submission for any purpose, without acknowledgement or compensation to the individual who has provided the Submission. We shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Us or as otherwise required by applicable law.

17. TERMINATION

This Agreement is effective until terminated by us. We may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in our absolute discretion and without notice. You can stop using the Site at any time; however, it will not have any effect on any transactions that you entered into on or through the Site and which are subsisting, until such transactions are completed/ determined in accordance with the terms and conditions applicable to such transactions.

The sections concerning Indemnification, Limitation of Liability, Waiver, Disputes, Governing Law, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site, shall survive the termination of this Agreement.

18. WAIVER

Failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision in that or any other instance by us. To clarify further, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. A waiver shall be effective only if it is in writing and issued by any of our authorized representatives.

19. SEVERABILITY

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

20. MONITORING OF THE SITE

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect ourselves or other users of the Site.

21. AVAILABILITY

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Site Content no distribution or solicitation is made by us to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Site Content is prohibited by or not in accordance with their applicable law.

21. GENERAL PROVISIONS

This Agreement supersedes any previous Terms and Conditions of Use Agreement applicable to the Site. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

22. YOUR QUESTIONS

If you have any questions, please visit our FAQ page for more information or write to us at admin@sorbetco.com