3. Products and Services
3.1 The Website provides products and services such as home decor & outdoor solutions which enables Users to purchase merchandise such as home furnishings and furniture (including but not limited to lamp shades, candles, carpets etc. collectively referred to as “Products”), links to other websites, interactive forums, blogs, e-mails, etc. (“Services”) for which Users may need to register with the Website.
3.2 Upon placing an order, the Website shall ship the Products to the User and be entitled to its payment for the Products and Services. Title and risk of loss for all Products ordered by a User shall pass on to him/her upon Website’s shipment to the shipping carrier and all the terms mentioned in Sale Terms Policy shall apply.
3.4 Despite the Company/ Website’s best efforts, a small number of the many hundreds of items in the catalogue may be mispriced. However, the Company/Website shall verify prices as part of their dispatch procedures.
3.5 The Company/Website hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any Products, Services, information, or other material purchased or obtained by a User through the Website may not meet his/her expectations and in that case the terms mentioned in Sale Terms Policy shall apply.
4.1 In order to register on the Website, a User shall be required to open an account with the Website, for which he/ she may be required to provide information about themselves. The Website reserve the right, with respect to any such registration, to refuse to grant a User, and such User may not use, a user name (or email address) or screen name (a) that is already being used by someone else; (b) that may be construed as impersonating another person; (c) that belongs to another person; (d) that violates the intellectual property or other rights of any person; (d) that is offensive; and/or (e) that is rejected by the Website for any other reason in its sole discretion.
4.3 A User shall be responsible for keeping confidential any and all passwords that are either provided to the User by the Website or chosen by a User for the purposes of registration of their account on the Website. A User shall be solely responsible for any unauthorized use/activity that may take place in his/ her account pursuant to any disclosure of a password/ user name by such User (either voluntarily or otherwise) to any other person, and shall not hold the Website/ Company liable for any such unauthorized use of his/ her account. Further, a User agrees to immediately notify the Website/ Company of any such unauthorized and/or fraudulent usage of his/ her account. The Website/Company shall not be responsible for any loss that may be suffered by a User as a result of any unauthorized use of his/ her account.
5. License for limited use
5.2 The Company reserves the right, in its sole discretion, to deny a User access to its Website or any portion thereof immediately, without notice for the following reasons:
(a) for any unauthorized access or use of his/ her account;
5.3 A User agrees that by posting/ publishing/ uploading, information and content on the Website, he/ she grants/ assigns the Website/Company with a non-exclusive, royalty free, irrevocable, perpetual and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such information and content in any form that it may choose.
6. Information on the Website
6.1 Whilst every effort is made to update the information contained on the Website, neither the Company/ Website nor any third party or data or content provider make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Website. The Company/ Website reserve the right at any time to change or discontinue without notice, any aspect or feature of the Website.
6.2 Information offered on the Website is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this Website at his/her/its own risk. If the User finds an error or omission on the Website it may inform the Website about the same. The Website may take into consideration such input by a User but is under no obligation to act on such input.
7. Intellectual Property Rights
7.1 The trade marks, names, logos and service marks, domain names, inventions and/or other intellectual property, including, but not limited to, the Information (“IPR”) displayed on the Website is the IPR of the Company, or as the case may be, as stated on the Website, of other third parties who have provided a license to the Company/ Website for use. Nothing contained on the Website should be construed as granting any license or right to use any IPR without the prior written permission of the Company or the relevant third party, as the case may be. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of the Company unless it is stated as owned by a third party. Further, nothing contained on the Website should be construed as granting any license or right to use any such material without the prior written permission of the Company or the relevant third party, as the case may be.
7.2 A User shall not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized to do so in writing by the Company/ Website prior to such use. Further, a User shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Website and/or the Products and Services offered on the Website, or any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such use. In addition, the User shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website without prior written authorization. Except as set forth herein, any other use of the information/data/content contained on the Website require the prior written consent of the Company and may require a separate fee.
7.3 The Company may collect information and material posted and/or disclosed on the Website by a User (whether such information is posted/disclosed in a closed chat, as a blog or otherwise) for the maintenance of records, for the development of its own businesses, handling general enquiries concerning its Products and Services, providing better user interface, making the visit to the Website more user-friendly for the Users as well as clients of the Company. The User hereby acknowledges that in gathering and using such information the Company will not be violating the IPR of the User.
7.4 A User shall indemnify and keep indemnified the Company against any losses or damages that the Company suffers as a result of use of the IPR of a third party by the User without obtaining an appropriate license or permission from the relevant third party.
8. Pop-up – third party applications
8.1 There may be links contained on the Website or pop-up advertisements to other applications/ websites/ web pages/blogs etc. which will give a User access to such other applications/websites/web pages/blogs etc. (“Linked Website”). The applications/ websites/ web pages/blogs etc. accessible by such Linked Website are not under the control of the Company. The Company has not reviewed, nor approved the content, services, material, other links etc. available on such Linked Website and shall not be held responsible in any manner whatsoever for any contents, services, other links etc. (or lack thereof) on any such applications/websites/web pages/blogs etc. The inclusion of any such applications does not imply endorsement by the Company/ Website of such other Linked Website. When visiting such Linked Website, the User must refer to the external application/websites terms and conditions of use. No hypertext links/ links to third applications shall be created from any application/ website controlled by the User or otherwise to the Website, without the express prior written permission of the Company. The User is to contact the Company if it would like to link to the Website or would like to request a link to its application/website.
9. Sharing of User Information
10. Public Forums, User Submissions and Restrictions
10.1 The Company shall not be responsible for any material on its Website that is submitted to the Website by the User (which includes information posted on Forums or any other public area found on the Website). It is hereby clearly expressed that all such material (submitted by any User) is not endorsed, reviewed or approved by the Company.
10.2 Information/ material that Users reveal on Forums including data, messages, photographs, videos, graphics etc. can be seen by third parties unrelated to the Company/ Website. It is therefore important that a User carefully considers what information he/she discloses on these Forums.
10.3 The User agrees to use the Website and the Forums (if any) therein only to (i) send and receive messages and material that are proper and lawful; (ii) avail the bona fide Products and Services provided by the Website;
10.4 The User agrees not to use the Website to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, and pornographic or violates any applicable law.
10.5 The Company reserves the right to remove any material submitted or posted by a User on the Website, without notice to the User, if it becomes aware and determines, in its sole and absolute discretion that such material:
(a) is defamatory, obscene, indecent or unlawful;
(b) contains or is likely to contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Company’s and/or a third party’s computer system and/or network;
(c) infringes or violates any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of the Company or any other third party;
(d) interferes or is likely to interfere or obstruct the usage and enjoyment of the Services of the Website by some other User;
(e) may damage or destroy the functioning of the Website; and
(f) damage, tarnish and/or jeopardize the reputation of the Company/ Website in any manner.
10.6 Further, the Company/ Website reserve the right to block/ blacklist a User if it determines, in its absolute and sole discretion that the User has in the past, is or is likely to do any of the following:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other Users or any third parties;
(b) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
(c) post or upload files that contain viruses, corrupted files or any other similar software or programmes (“SPAM”) whether or not such files, software etc. are capable of damaging the operation of the Company’s and/or a third party’s computer system and/or network;
(d) violate any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of the Company or any other third party;
(e) download any file posted by another user from a forum that you know, or reasonably should know, cannot be legally distributed in such manner;
(f) publish, post, distribute or disseminate information impersonating any other User; and
(g) reveal any information about any other User that may be sensitive personal information about such User.
10.7 It is clarified that this list is not exhaustive and that the Company reserves the right to block/blacklist the User if it comes to the attention of the Company/ Website that the User is not using the Website for bona fide purposes or that the User is not over the age of 18 (eighteen) years and has misrepresented the facts in order to avail the Services/ Products/ facilities on the Website.
10.8 The User hereby indemnifies the Company/ Website against any loss, liability, damage or expense of whatever nature which the Company/ Website and/or any third party may suffer which is caused by or attributable to, whether directly or indirectly, to the User’s use of the Website to send or post any such message or material.
11. Access to the Website & Delays
11.1 The Website may not be accessible at certain times, or its access may be interrupted. The Company shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, terrorist attacks or other causes beyond its control. The Company shall have no responsibility to provide a User access to the Website while interruption of the Website due to any such cause mentioned herein above shall continue. The Company may in its sole discretion, have the right to discontinue, delay and/or suspend the availability of any Services on the Website at any point of time and shall not be held liable for any loss that may be incurred by any User caused due to such discontinuance/ delay/ suspension.
11.2 Further, the Company shall also not be responsible for the transmission of viruses or other contaminating or destructive programs through the Website, and use of the Website is at the User’s risk.
12. Monitoring Use of the Website
12.1 The User understands and acknowledges that the information and material posted or disclosed by him/her on the Website is freely accessible by other Users of the Website as well as by the Company. The Company shall not be liable in any way for any damage or loss caused to the User in the event that the User discloses or posts any Personal Information and such Personal Information is misused by another User of the Website or any other person.
12.2 The User also understands and acknowledges the Company/ Website have no responsibility or liability whatsoever for monitoring the use of Services on the Website and content put up and exchanged on and through the Website or any Forums. The User agrees that the Company/ Website have a right, but not the obligation, to monitor such content and filter, modify, block and/or remove any content posted, published, uploaded and/or downloaded through the Website and the right, but not the obligations, to copy, read, record and examine all or any of such content and its usage.
12.3 Further, the Company/ Website also reserve (including but not limited to) the right at all times to disclose any information posted on any portion of the Website as necessary:
(a) in order to operate the services provided by the Website;
(b) to protect the Company, its parent or subsidiary companies, its affiliates and their respective designated partners, officers, employees, agents and the Users; and
13.1 Access and use of the Website is free of charge. If the Company/ Website introduce a charge or fee for the use of the Website, any features provided therein or any products and service(s) provided by the Website, then it shall expressly notify the Users before applying such charge/fee. In the event, the Company/ Website are required to charge a fee/applicable tax by virtue of any provisions of any law, rules or regulations that are either applicable or may be applicable in future, the User expressly agrees to pay such fee/charge that may be levied by the Company/ Website under the relevant provisions of such law/rules/regulation.
14.1 The Company/ Website make no warranties, representations, statements or guarantees (whether express, implied, in law or residual) regarding the Website, the Information contained on the Website, information regarding the Services provided by it, the availability of Products and Services on the Website.
14.2 All such content, information, software, products, features and services available on the Website are provided “as is” without warranty of any kind. Further, the Company/ Website and/or its associated entities also hereby disclaim all warranties and conditions with regard to the content, information, software, products, features and services, including all implied warranties and conditions of title, non-infringement, and availability.
15. Disclaimer of Liability
15.1 The Company/ Website shall not be responsible for, and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User’s access and use of the Website, any Information contained on the Website, the User’s Personal Information or material and information transmitted over the Website.
15.2 In particular, neither the Company/ Website nor any third party or data or content provider shall be liable in any way to the User or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any inaccuracies, errors in, or omission of any Information provided or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby.
15.3 Under no circumstances will the Company/ Website be held responsible or liable, in anyway, for any content which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any infringement of another’s rights including intellectual property rights. The User specifically agrees that the Company/ Website shall not be responsible for any content that may be sent/posted/published/uploaded on the Website by a third party. In the event a User has any complaint or a grievance against any content that is posted by a third party, such User may write to us at firstname.lastname@example.org
15.4 In no event shall the Company/ Website be liable to the Users for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with:
(i) the use of the Website;
(ii) with the delay or inability to use the Website;
(iii) for any content, information, software, products, features and services obtained or used through the Website;
(iv) failure or delay on the part of the Company/Website to deliver to the Users, their Products due to the following reasons:
• if the User absents himself from taking delivery of the Product/or fails to collect the same within 15 days from the acknowledgement of the acceptance of the Product by him/her or as mentioned in Sale Terms Policy. In such cases the order will stand cancelled, without any further notice to the User.
• if the failure or delay is caused due to weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, terrorist attacks, inevitable accidents, acts of god or any other circumstances amounting to force majeure.
• Non-availability of the Product advertised on the Website.
(v) or any other issue otherwise arising out of the use of the Website.
15.5 This waiver applies, without limitation, to any damages or injury arising from any failure of performance such as error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
16.1 A User shall indemnify, keep indemnified and hold harmless the Company/Website from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) a User’s access and use of the Website; (b) any non-compliance by a User of the Website’ Terms & Conditions (as defined below); (c) any third party actions related to the receipt and use of any information or content by a User available on the Website whether authorized or unauthorized; (d) any views expressed by a User in a Forum on the Website; (e) any wrong or incorrect information that is provided by a User to the Company/Website or its associates/ agents; and/or (f) any action initiated or any relief sought by a User due to failure on the part of the Company to deliver anything promised and forming a part of any event organised and put up on the Website for any reasons as stated above in Clause 15.
17.1 Entire Agreement.
The Company may at any time modify any relevant terms and conditions, policies or notices which form a part of the Website’ Terms & Conditions. The User acknowledges that by visiting the Website from time to time, it shall become bound to the current version of the relevant Website’ Terms & Conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. The User shall be responsible for reviewing the then current version each time he/ she visits the Website.
Any delay, failure, forbearance or indulgence by the Company/ Website in exercising, enforcing at any time any of the provisions of the Website’ Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the Company/ Website to enforce any such provisions. No single or partial exercise of any rights under the Website’ Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the Website’ Terms & Conditions.
If any provision of the Website’ Terms & Conditions or the application thereof become invalid or unenforceable, to any extent and for any reason including by reason of any Applicable Law, the remainder of the Website’ Terms & Conditions and the application of such provision shall not be affected thereby, and each provision of the Website’ Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the Applicable Law.
17.6 Cancellation of Registration
In the event, a request is made by a User for cancellation of his/ her account as set out in Clause 17.9 below, such cancellation shall not affect any right or relief to which the Company/ Website may be entitled, at law or in equity. Upon such cancellation of registration, all rights granted to such User will terminate and revert to the Company/ Website. Except as set forth herein, regardless of the reason for cancellation, the fee charged (if any) for access to the Website is non-refundable for any reason.
17.7 Applicable Laws.
All the Website’ Terms & Conditions shall be governed by and construed in accordance with the laws of India. The User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the Website, the Website’ Terms & Conditions or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Website’ Terms & Conditions, including without limitation this paragraph. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
17.8 Attorney’s Fees
If the Company/ Website are required to take any action against a User (either by itself or through its associate companies) to enforce any of the provisions of the Website’ Terms & Conditions, the Company/ Website shall be entitled to recover from the User (and the User agree to pay), in addition to any other relief at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
17.9 Comments, Questions, Complaints & Suggestions
If the User (i) has any questions, comments or concerns arising from the Website’ Terms & Conditions; (ii) desires to provide input on the Information on the Website or the material provided by another User; (iii) who desires to send in any requests/concerns/suggestions with respect to the Website; (iv) is desirous of discontinuing /cancelling his registration; (v) the use of the Website by another User; or (vi) if the User wishes to lodge any complaints regarding the Website for example misuse or abuse of the facilities/services available on the Website by another User, technical snag in the software etc., such User may write to the Company/ Website or contact the Company/ Website at email@example.com