Terms of Use

1. Accepting the Soulse House Rules

These terms constitute our House Rules, which we also call the Terms of Use (the “Terms”). They are a legally binding contract between you and Soulse which is a trade name of Beagles Ptv. Ltd., a private company established under the laws of India with its registered office at No. 34, S-2, 13th Main 17th Cross, Malleswaram, Bangalore–560055 (hereinafter also “Company,” “we,” “us,” and “our”).

This contract sets out your rights and responsibilities when you use Soulse.in (the “Platform”), and the other services provided by Soulse (we will call these collectively our “Services”). Therefore, please read it carefully. By using any of our Services (even just browsing our website), you are agreeing to these Terms and our Privacy Policy. If you don’t agree with the Terms, you may not use our Services.

If you are a brand selling on our Platform ("Seller"), you are also bound by our Seller Policy.

If all of this sounds good, please read on!

2. Your Privacy

Your personal information is important to us. Please read our Privacy Policy to understand how your information is collected, used, and shared when you use our Services. By using our Services, you agree that we may process your information in the ways described in the Privacy Policy.

Your personal information (e.g., buyer name, email address, phone number, delivery address) is processed by both Soulse and our Sellers, as well as by third party service providers which help us provide you with our Services (our “Partners,” e.g. payment processing companies). When processing your information, Soulse, Sellers, and Partners are each independently responsible for the personal information they process. For example, if a Seller accidentally discloses a Buyer’s name and phone number when fulfilling another Buyer’s order, the Seller, not Soulse, will be responsible for the unauthorized disclosure.

3. Our Services

Sellers. If you are a Seller, we offer you the opportunity to feature and sell your products on our Platform, if we determine in our discretion that you’re a new or upcoming D2C brand that fits the vibe and target audience of Soulse. You may also be invited to participate in our online popup events, and you may use any of our other current and future offerings. Some of the Services offered through our Platform may be provided by our Partners. Please note that such Partners may have their own terms and conditions that may be applicable to you and you are responsible for reviewing and agreeing to such Partner terms.

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Buyers. If you are a consumer, we invite you to browse and shop on our Platform, as well as to participate in our online popup events and any other future Soulse offerings. Please note that when you purchase from any of the amazing brands on the Soulse Platform, you’re not purchasing from Soulse directly, but from the respective brands. Soulse merely provides the venue and has no privity with you. Therefore, it’s important that you read the specific purchasing terms of each Seller that are available on each brand’s products page on our Platform. You acknowledge and agree to be bound by the specific terms and conditions of the relevant Seller for any specific purchase transactions you enter into on our Platform. 

Whilst our Terms require Sellers to operate in compliance with applicable laws, you acknowledge that Soulse is not responsible for, and has no control over, the practices and content of the terms of use of Sellers and Partners. 

4. Your Account with Soulse

To use some of our Services, you’ll need to create an account with Soulse. Please see the below rules on Soulse accounts:

(a) You must be 18 or older to use our Services. The Soulse Platform and Services are not designed for use by individuals under the age of 18. Therefore, if you are not yet 18 years of age, you may not use our Platform or Services. As an adult, you are responsible for any and all account activity conducted by a minor on your account.

(b) Be honest and respectful. You may not provide false or inaccurate information about yourself or impersonate another person or company through your account. You may not create account names that are offensive, vulgar, infringe another person’s intellectual property rights, or otherwise violate the Terms. 

(c) You are responsible for your account. You’re solely responsible for any activity on your account, which is why it’s important to keep your account password secure. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

5. Your Content

Any content you supply to us using our Services (like your brand name, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.) is and remains your content (“Your Content”). 

(a) You are responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you are not infringing or violating any third party’s rights by posting such content.

(b) Permission to use Your Content. By providing us Your Content through our Services, you grant Soulse a license to use it. We don’t claim any ownership of Your Content, but we have your permission to use it to help Soulse function and flourish. Like this, we won’t infringe any of your rights in Your Content and we can help promote it. For example, as a Seller, you acknowledge and agree that Soulse may send you and Soulse Buyers promotions on the Site from time to time that may relate to your listings or other listings on the Platform.

(c) Rights You Grant Soulse. By submitting Your Content, you grant Soulse a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Soulse, your Soulse shop, or the Services in general, in any formats and through any channels, including across any Soulse Services, our Partners, or third-party websites or advertising channels. You agree not to raise any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

This may sound like a lot, but it’s necessary for us to keep Soulse going. Consider these examples: if you provide us with a photo or video of a listing for your Soulse shop, we have permission to display it to Buyers, and we can resize or enhance it so it looks good to a Buyer whether Buyer sees it on a laptop or a phone; and if you submit a cool photo or video of your latest designer blouse, we can feature it along with your brand name and other relevant information on our homepage, in one of our blogs or even on a billboard to help promote your business and Soulse’s.

(d) Reporting Unauthorized Content. Soulse values intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from its Platform. If content that you own or have rights to has been submitted to the Platform without your permission and you want it removed, please reach out to info@soulse.in. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of this were to occur.

(e) Inappropriate, Incorrect, or Misleading Content. You agree that you will not submit any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to submit any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of the Soulse Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

(a) Don’t Use Our Services to Do Something Illegal. You agree that you will not violate any laws and regulations in connection with your use of the Services. For example, it’s your responsibility to obtain any permits or licenses that you require to sell on our Platform, and to meet applicable legal requirements in your jurisdiction. This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Soulse, another Soulse user, or a third party.

(b) Don’t Forget About GST. As a Seller, you are solely responsible for collecting and paying any applicable GST or other tax for any sales you make through our Services. 

(c) Don’t Try to Harm Us and Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code. You also agree not to crawl, scrape, or spider any page of the Services or to reverse-engineer or attempt to obtain the source code of the Services (including both Soulse Intellectual Property and Seller Content) without our express permission.

(d) Respect Our Trademark. The name "Soulse" and the other Soulse marks, phrases, logos, and designs that we use in connection with our Services (the “Soulse Trademarks”) are protected trademarks, service marks, or trade dress of Soulse. If you want to use these trademarks, please reach out to info@soulse.in.

(e) Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Soulse (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

(f) Talk to Us Online. From time to time, Soulse will provide you with certain legal information in writing. By using our Services, you’re agreeing that Soulse can send you information electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We'd regret to see you go, but you may terminate your account with Soulse at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you submitted through the Services prior to termination. And, if you have any outstanding bills, you’ll of course still have to pay those, even if you leave.

Termination by Us. We may terminate or suspend your account (and any accounts Soulse determines are related to your account) and your access to the Services should we have reason to believe that you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on the Soulse Platform, or to participate in our online popup events. Generally, Soulse will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Soulse terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Soulse reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Soulse’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Services is terminated, or your use of the Services ends.

8. Warranties and Limitations of Liability (or the Matters You Can’t Sue Us For)

Items You Purchase. You understand that Soulse does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items on our platform are produced and sold directly by independent sellers, so Soulse cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Soulse from any claims related to items sold through our Services, including for defective items, misrepresentations by Sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Soulse is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to such content.

People You Interact With. You can use the Services to interact with other individuals.  However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others. 

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook or Instagram). You may also need to use a third party’s product or service in order to use some of our Services (like a dedicated platform to take part in our online popup events). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Soulse is not a party to those agreements; they are solely between you and the third party.

WARRANTIES. SOULSE IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE HUMANS AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SOULSE, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL SOULSE’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF FIVE THOUSAND INDIAN RUPEES (Rs. 5,000) OR THE AMOUNT, IF ANY, YOU PAID SOULSE IN THE PAST TWELVE MONTHS. 

9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Soulse gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Soulse (including any of our employees and directors) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of Soulse’s Services or a third party, including one of our Partners, we encourage you to contact the other party and try to resolve the dispute amicably. If you can’t resolve the dispute directly with the other party, we will attempt to help you resolve it in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. Soulse has no obligation to resolve any disputes.

Release of Soulse. You release Soulse from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Soulse

If you’re upset with us, let us know, and hopefully we can resolve your issue. 

(a) Dispute Settlement. You and Soulse agree that you will try to amicably resolve in good faith any disputes arising out of or in connection with these Terms, including disputes concerning the validity and termination of the Terms. However, if any such dispute or claim cannot be resolved amicably within 45 days of a party sending a formal disputes notice to the other party, then such dispute or claim shall be settled by final and binding arbitration, using the English language, administered by the Centre for Online Resolution of Disputes (CORD) (www.resolveoncord.com) in accordance with the Rules of Arbitration of CORD prevailing as on the date of initiating arbitration, unless otherwise required by law. The arbitral tribunal shall consist of a sole arbitrator who shall be appointed by CORD in accordance with its Rules. The seat of arbitration shall be Singapore. Judgment on the arbitration award may be entered in any court that has jurisdiction. For any actions not subject to arbitration, you and Soulse agree to submit to the personal jurisdiction of the relevant courts located in Bangalore, Karnataka, India. 

(b) Governing Law. The Terms are governed by the applicable laws of India.

(c) Modifications. If we make any changes to this “Disputes with Soulse” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Soulse prior to the date the changes became effective. Soulse will notify you of substantive changes to the “Disputes with Soulse” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Soulse a written notification (including by email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to handle any disputes between you and Soulse in accordance with the provisions of this “Disputes with Soulse” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Miscellaneous

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Soulse regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information

Please email us at info@soulse.in if you have any questions about the Terms.

[Last updated March 12, 2024]