Terms of Service
Effective Date: March 3, 2026
Last Updated: March 3, 2026
1. Agreement to Terms
Welcome to SoulSurf Foods Private Limited ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the SoulSurf website located at https://www.thesoulsurf.com/ (the "Site") and the purchase of our prebiotic beverage products ("Products").
By accessing or using our Site, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Site or purchase our Products.
2. Eligibility
You must be at least 18 years of age to use our Site and purchase our Products. By using the Site, you represent and warrant that you are of legal age to form a binding contract with SoulSurf and meet all eligibility requirements.
If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Account Registration
Creating an Account
To place orders and access certain features, you may need to create an account. When registering, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Keep your password secure and confidential.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for all activities that occur under your account.
Account Termination
We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in fraudulent, abusive, or illegal activity. You may delete your account at any time by contacting customer support at support@thesoulsurf.com.
4. Products and Pricing
Product Information
We strive to provide accurate descriptions, images, and pricing for all Products. However:
- Product images are for illustrative purposes and may differ slightly from actual products.
- We do not warrant that product descriptions, images, or other content are accurate, complete, or error-free.
- We reserve the right to correct any errors, inaccuracies, or omissions at any time.
- Product availability is subject to change without notice.
Pricing
- All prices are listed in Indian Rupees (INR) unless otherwise stated.
- Prices are subject to change without notice.
- The price charged will be the price displayed at the time you place your order.
- We reserve the right to correct pricing errors and cancel orders placed at incorrect prices.
- Prices do not include applicable taxes, shipping, or handling fees unless specified.
Product Availability
Products are subject to availability. If a Product becomes unavailable after you place an order, we will notify you and offer a refund or substitute product.
5. Orders and Payment
Placing Orders
When you place an order through our Site, you are making an offer to purchase the Products. We reserve the right to accept or reject any order for any reason, including:
- Product availability.
- Errors in product or pricing information.
- Suspected fraudulent or unauthorized transactions.
- Orders that violate these Terms.
Order Confirmation
Once you submit an order, you will receive an order confirmation email. This confirmation does not constitute our acceptance of your order—it is merely acknowledgment that we received it. We reserve the right to cancel any order after confirmation.
Payment Methods
We accept the following payment methods:
- Credit cards (Visa, Mastercard, American Express)
- Debit cards
- UPI (Unified Payments Interface)
- Net banking
- Digital wallets (Paytm, PhonePe, Google Pay)
- Cash on Delivery (COD) for eligible orders
Payment Processing
- Payment is processed at the time of order placement (except COD orders).
- All transactions are processed securely through third-party payment processors.
- You authorize us to charge your selected payment method for the total order amount.
- You represent that you are authorized to use the payment method provided.
Order Cancellation by Customer
You may cancel your order before it ships by contacting us at support@thesoulsurf.com. Once an order has shipped, cancellation is no longer possible, but you may return the Products according to our Return Policy.
6. Shipping and Delivery
Shipping Policy
- We ship to addresses within India only (unless otherwise specified).
- Shipping costs are calculated at checkout based on delivery location and order value.
- Free shipping may be available for orders above a minimum value.
- Estimated delivery times are provided at checkout and are approximate, not guaranteed.
Delivery
- Delivery times vary based on location and shipping method selected.
- We are not responsible for delays caused by courier services, customs, or events beyond our control.
- You are responsible for providing a complete and accurate shipping address.
- Failed delivery attempts due to incorrect addresses may result in additional charges.
Risk of Loss
All Products purchased from SoulSurf are made pursuant to a shipment contract. Risk of loss and title for Products pass to you upon delivery to the carrier.
7. Returns and Refunds
Return Policy
We want you to be satisfied with your purchase. Our return policy includes:
- Returns accepted within 7 days of delivery.
- Products must be unopened, unused, and in original packaging.
- Damaged, defective, or incorrect products may be returned at any time within 30 days.
- Return shipping costs are the customer's responsibility unless the product is defective or incorrect.
Refund Process
- Refunds are processed within 7-10 business days after we receive and inspect the returned product.
- Refunds are issued to the original payment method.
- Shipping charges are non-refundable unless the return is due to our error.
Non-Returnable Items
The following items cannot be returned:
- Opened or partially consumed Products (for health and safety reasons).
- Products damaged due to misuse or improper storage.
- Products purchased during special promotional sales marked as "Final Sale."
Initiating a Return
To initiate a return, contact us at support@thesoulsurf.com with your order number and reason for return. We will provide return instructions and a return authorization if applicable.
8. Product Use and Safety
Intended Use
SoulSurf prebiotic beverages are intended for consumption by adults as part of a balanced diet. Our Products are not intended to diagnose, treat, cure, or prevent any disease.
Health and Safety
- Consult a healthcare professional before use if you are pregnant, nursing, have a medical condition, or are taking medications.
- Discontinue use and consult a doctor if you experience any adverse reactions.
- Keep Products out of reach of children.
- Store Products according to instructions on the label.
Allergen Information
Our Products may contain ingredients that could cause allergic reactions. Please review the ingredient list carefully before consumption. If you have food allergies or sensitivities, consult the product label or contact us for detailed allergen information.
9. Intellectual Property Rights
Ownership
All content on the Site, including but not limited to text, graphics, logos, images, videos, software, and design elements (collectively, "Content"), is the property of SoulSurf or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for personal, non-commercial purposes. You may not:
- Reproduce, distribute, modify, or create derivative works of any Content.
- Use any Content for commercial purposes without our written permission.
- Remove or alter any copyright, trademark, or other proprietary notices.
- Use automated systems (bots, scrapers) to access or collect data from the Site.
- Reverse engineer, decompile, or disassemble any software or technology on the Site.
Trademarks
"SoulSurf" and all related logos, product names, and service names are trademarks or registered trademarks of SoulSurf. You may not use these marks without our prior written permission.
10. User Conduct
You agree not to use the Site for any unlawful or prohibited purpose. Specifically, you agree not to:
- Violate any applicable laws, regulations, or third-party rights.
- Impersonate any person or entity or falsely state or misrepresent your affiliation.
- Interfere with or disrupt the Site or servers or networks connected to the Site.
- Transmit viruses, malware, or other harmful code.
- Collect or harvest information about other users without their consent.
- Use the Site to send spam, unsolicited messages, or promotional materials.
- Engage in fraudulent transactions or use stolen payment information.
- Post or transmit offensive, defamatory, or inappropriate content.
11. Third-Party Links and Services
Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by SoulSurf. We provide these links for your convenience, but we:
- Do not endorse or assume responsibility for third-party content, products, or services.
- Are not responsible for the privacy practices of third-party sites.
- Do not warrant the accuracy, completeness, or safety of third-party content.
- Encourage you to review the terms and privacy policies of any third-party sites you visit.
12. Disclaimers
No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Warranties that the Site will be uninterrupted, secure, or error-free.
- Warranties regarding the accuracy, reliability, or completeness of Content.
- Warranties that defects will be corrected or that the Site is free from viruses.
Health Claims
We make no guarantees regarding the health benefits, results, or effectiveness of our Products. Individual results may vary. Our Products are not a substitute for professional medical advice, diagnosis, or treatment.
Information Accuracy
While we strive to provide accurate information, we do not warrant that product descriptions, pricing, availability, or other Content on the Site is accurate, complete, reliable, current, or error-free.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOULSURF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities.
- Personal injury or property damage.
- Costs of procurement of substitute goods or services.
- Any damages arising from your use of or inability to use the Site or Products.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ₹1,000, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential damages, so the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless SoulSurf and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Site or Products.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property rights.
- Any fraudulent, negligent, or wrongful conduct on your part.
15. Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Jurisdiction
Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Mangaluru, Karnataka, India.
Negotiation and Mediation
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, the parties may agree to mediation.
Arbitration
If negotiation and mediation fail to resolve the dispute, either party may initiate binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall take place in Mangaluru, Karnataka, and shall be conducted in English.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last Updated" date at the top of this page.
- Notify you via email if you have an account with us.
- Display a prominent notice on the Site.
Your continued use of the Site after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Site and cancel your account.
17. Termination
Termination by You
You may stop using the Site at any time and request deletion of your account by contacting support@thesoulsurf.com.
Termination by Us
We reserve the right to suspend or terminate your access to the Site immediately, without prior notice or liability, for any reason, including:
- Breach of these Terms.
- Fraudulent, abusive, or illegal activity.
- Requests by law enforcement or government authorities.
- Unexpected technical issues or security concerns.
Effect of Termination
Upon termination:
- Your right to use the Site will immediately cease.
- We may delete your account and associated data.
- Outstanding orders will be fulfilled or refunded according to our policies.
- Provisions that by their nature should survive termination will remain in effect.
18. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and SoulSurf regarding your use of the Site.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Force Majeure
We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.
Language
These Terms are prepared in English. In case of any conflict between the English version and any translation, the English version shall prevail.
19. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:
SoulSurf Foods Private Limited Customer Support: support@thesoulsurf.com
For legal inquiries, please email support@thesoulsurf.com with "Legal Inquiry" in the subject line. We will respond within 7 business days.
20. Acknowledgment
BY USING THE SOULSURF WEBSITE AND PURCHASING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
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