TERMS AND CONDITIONS
We have some rules and set processes for utmost customer satisfaction.
Welcome to the SoulDraw website, operating under the domain souldraw.com / souldraw.jp. The following Terms of Service ('TOS') contain the terms and conditions that govern your use of the website souldraw.com / souldraw.jp. Use of the SoulDraw website constitutes acceptance of these TOS.
SoulDraw reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the SoulDraw website.
This TOS constitutes the entire and only agreement between us and you(user), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings. This TOS apply to all users which use SoulDraw. Users in this context shall include end users whether registered or not on SoulDraw.
SoulDraw uses other affiliated companies or third parties to provide certain products and services accessible through the website. SoulDraw does not control those third parties or their services. Users agree that SoulDraw will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with SoulDraw's TOS.
ELIGIBILITY TO USE THIS WEBSITE
SoulDraw will knowingly provide service to customers that can lawfully enter into and form contract under applicable law. If site user is under age of 18, but at least 13 years of age, he/she may use the SoulDraw services under supervision of parent or legal guardian after they agree to these TOS. SoulDraw website is not intended for children under the age of 13.
SoulDraw’s website souldraw.com / (.jp) grants users limited revocable license to access and use the website for its offered services, subject to users' compliance with these TOS. SoulDraw does not allow customers to collect or use information collected on the website to compete with SoulDraw or to create derivative work based on the content of the website. If user uses the information other than as per the TOS, SoulDraw may revoke the access and pursue other legal course of action permitted under applicable local or China law.
REGISTRATION, SECURITY AND COMMUNICATION
You agree to provide true, accurate and complete information while transacting or registering or for any other purpose when prompted to do so on the site. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the site to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the SoulDraw has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the SoulDraw reserves the right to indefinitely suspend or terminate or block your use or access to the site in any manner whatsoever.
You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the site will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The SoulDraw, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You agree and acknowledge to keep yourself updated with all data, information and communication pertaining to you including but not limited to correspondence email id, mobile number and other relevant details. You further agree that your use of the site or provision of any data or information including any correspondence (by email or otherwise) to or by the SoulDraw is through electronic records and you give consent to receive communication from the SoulDraw via electronic records which will be deemed adequate service of notice/ electronic record.
Subject to the terms and conditions of this agreement, we grant to you a non-exclusive, non-transferable license to use SoulDraw. You shall use the Licensed Program i.e. website of SoulDraw for your own use only. You shall not, however, transfer or sublicense the same to any third party, in whole or in part, in any form, whether modified or unmodified.
User may only register and transact with SoulDraw if you have the necessary technical requirements at your disposal. You shall have PC/smart phone having at least 3G internet connection. You clearly agree and acknowledge that the availability and the proper functioning of technical requirement is your sole responsibility.
The instructions (step by step procedure displayed on various forms) “How to use” SoulDraw will be available on the homepage/relevant pages of the site. All users are to ensure that they read and adhere to these instructions (steps) for accessing SoulDraw. The user agrees that SoulDraw shall not be held responsible in event of any occurrence due to the non-adherence of these instructions (steps) which prevents the user from using the site as designed or due to any reasons over which SoulDraw have no control.
Payment shall be made as per the product price list available on SoulDraw subject to offers available on the site from time to time.
Further, the SoulDraw reserves the right to introduce new products/services or modify/upgrade the existing products/services provided on the site. Additionally, the SoulDraw at its sole discretion may introduce new charges for the new or modified/upgraded products/services provided. Changes to the User Agreement or any of the rules and policies of the SoulDraw shall be posted on the site and such changes shall automatically become effective immediately after they are posted on the site. Further, the SoulDraw reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your registration with the site and disallow access to the site.
SoulDraw uses Payment systems as may be authorized by the China construction bank. The SoulDraw neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the SoulDraw be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Site access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that SoulDraw shall never be held responsible for any problems and related damages that may arise due to the internet malfunction/connectivity issues and when the site is closed for maintenance / updating with or without prior notice.
User can only use the website as expressly permitted by SoulDraw. User may not cause harm to the website. Specifically, but not by way of limitation, user may not:
Interfere with website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the website.
Modify or create derivatives of work by reverse engineer, decompile or disassemble any technology.
Collect any user information used for registration
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person or use an anonymous proxy;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, ransomware, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of China, friendly relations with foreign contries, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
may give rise to liability on part of the site or the SoulDraw or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the SoulDraw has the right to immediately terminate the access or usage rights of the user to the site without any notice and any such violative information that is displayed or submitted on the site can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data that belongs to you. You hereby agree that you will not expect the site to restore or keep back up of your information and data and not hold the site or the SoulDraw accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the site or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the site and also for taking appropriate legal actions.
If you choose to provide feedback on the site which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the site in any manner. Further, you shall not use the site to promote any other person’s business or interests on the site unless permitted by the SoulDraw in writing.
All the content including but not limited to: Design, graphics, organization and digital conversion related to site are protected under applicable copyright, trademarks and other property rights. Copying, downloading or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.
User will retain ownership of the content that are used, referred or uploaded by the user during the use of the site. While using any outside content, user grants following licenses to SoulDraw, the non-exclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell and distribute design in or on products and in advertising, marketing, samples, and promotional materials for SoulDraw. And the right to make modifications to users' design.
RESERVATION OF RIGHTS:
SoulDraw reserves the right but does not assume the obligation to monitor transactions and communication that occurs through the website. If SoulDraw determines, in its sole and absolute discretion, that user may breach a term or condition of these TOS, SoulDraw may cancel such transactions and restrict access.
SoulDraw may modify the site souldraw.com / (.jp) at any time without any prior notice and will occur no liability for doing so.
REPRESENTATION AND WARRANTIES:
User of the site represents and warrants to SoulDraw that in use of the souldraw.com / (.jp) site, user will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party. User further represents and warrants to SoulDraw, that there are no claims, demands or any form of litigation pending to the best of user's knowledge, threatened with respect to any of user's content. SoulDraw, will not be required to pay any third party related to using the content provided by the user. User’s content should not cause direct or indirect injury to any third party and should be free of Viruses or any other program or technology that can cause direct or indirect damage to the site.
DISCLAIMER AND EXCLUSIONS:
SoulDraw provides a website service (souldraw.com / .jp) on an 'as is' and 'as available' basis. SoulDraw does not represent or warrant that site will be uninterrupted, will be free of errors and in accuracies, will be reliable, will be timely, and will meet user's requirements. SoulDraw makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non- infringement.
SoulDraw will not be liable to any user or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill arising out of, relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.
LIMITATION OF LIABILITY:
Limitation of liability, under for a breach of a party's representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of SoulDraw exceed the value of the signs ordered or serviced rendered. Value of the products or services are limited to the stated value on the SoulDraw, site souldraw.com / (.jp) or charged to the customer.
User must indemnify and hold SoulDraw and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney's fees incurred in connection with any third-party claim ,demand or action brought against any of the parties alleging that user has breached any of these TOS through any act of omission.
By registering to our website, you will be automatically subscribed to our newsletter subscription program.
User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple users. SoulDraw does not permit any other person uses registration section besides user's own registration.
The Company uses standard industry software for designing and printing purpose. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be considered as acceptable and will not be considered a production mistake and will not be eligible for refund or return or reproduction. We use the best judgment to match the color but if you need visually matching color, we suggest ordering sample product.
SoulDraw uses production facilities inside and outside of the country. It cannot guarantee where the production will happen for each product and order. Your order can be manufactured in the country or outside.
SoulDraw will not proof read any design made by the user. Please double check all your designs before submitting the order. SoulDraw cannot be held responsible for mistakes in design made by the customer.
SoulDraw will print submitted file as it is. In the case where a proof is requested, SoulDraw will produce the last proof approved by the user. Any mistake/changes in the proof has to be done before approval of the proof.
REFUND AND RETURNS:
SoulDraw, will not allow any refunds unless there is error on SoulDraw. Refund value will be less or equal to the sold price of the product excluding shipping charges. All refunds have to be approved by the Customer Service. Refunds are issued within 15 business days from its approval. SoulDraw will not be responsible for any charges by the bank or third party including but not limited to fees or interests.
In the rare event of dispute, all disputes arising out of, relating to or connected with these TOS or your use of any part of the souldraw.com / (.jp) service will be exclusively resolved under confidential binding arbitration in accordance with the commercial arbitration rules of China's Law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on arbitration award may be entered in to any court having jurisdiction thereof. SoulDraw may seek equitable relief, including, without limitation, injunctive relief and specific performance without the requirement of posting a bond or other security or proving damages are insufficient, from a court of competent jurisdiction.
The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
All notices given under this agreement shall be in Chinese.
If there is any inconsistency between any document and any version of the same document, the Chinese version shall be deemed as effective and authoritative.
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs like power failures, internet failures etc. and industrial disputes.
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.
If any clause of this User Agreement or the application thereof to any user or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
In this agreement unless otherwise specified:
Reference to a Subsidiary or Holding company is to be interpreted in accordance with the Corporate Laws;
Reference to a party is reference to a party of this agreement and this includes the party’s permitted assignees and/or the respective successors in title to the whole undertaking;
Reference to a person includes any person, individual, company, firm, corporation, government, state or agency of a state, or any undertaking regardless of it having a legal representative or not and notwithstanding of the law under which it exists;
Reference to any statute or statutory instrument or any of its provisions shall be interpreted as a statute or statutory instrument or provisions that is re-enacted or amended from time-to-time;
All words/terms denoting the singular shall include the plural and vice versa;
All words/terms denoting any gender shall include all genders;
All references to the clauses and Schedules shall be interpreted as reference to clauses or Schedules of this agreement.