TERMS & CONDITIONS OF AVAILING OF PRODUCTS AND SERVICES

Contents:

1. INTRODUCTION
2. ELIGIBILITY
3. USER ACCOUNT, PASSWORD & SECURITY
4. PRODUCTS AND SERVICES OFFERED
5. PRIVACY POLICY
6. LIMITED USER
7. USER CONDUCT & RULES
8. USER WARRANTY & REPRESENTATION
9. EXACTNESS NOT GUARANTEED
10. INTELLECTUAL PROPERTY RIGHTS
11. LINKS TO THIRD PARTY SITES
12. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
13. INDEMNIFICATION
14. PRICING, CANCELLATION, REFUND, AND RETURNS
15. DELIVERY & INSTALLATION
16. TERMINATION
17. GOVERNING LAW
18. SEVERABILITY
19. REPORT ABUSE

By using any of our Products and Services (defined below) you agree that you have read, understood and are bound by the terms herein below (“Terms”), regardless of how you use the Products and Services. If you do not intend to be bound by the Terms, you must not use our Products and Services. These Terms and various other policies are binding as per the provisions of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act, 2000.

In these Terms, references to: (i) “you”, “User”” shall mean the end-user accessing the Website (defined below), its contents and using the Products and Services offered through the Website; and (ii) “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Decopad Interiors Private Limited and its affiliates, as the case may be.

1. INTRODUCTION

WWW.DECOPAD.COM (“Website”) is an internet based content and e-commerce portal owned by Decopad Interiors Private Limited, a company incorporated under the laws of India.

Use of the Website is offered to you conditioned on acceptance, without modification, of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. We, at our sole discretion, reserve the right not to accept a User from registering on the Website without assigning any reason thereof.

2. ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms. You shall not access and use this Website if you are not competent to contract under the applicable laws, rules and regulations.

If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.

You shall not access this Website and avail of the features and facilities if you are not eligible to do so.

3. USER ACCOUNT, PASSWORD & SECURITY

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 3.

4. PRODUCTS AND SERVICES OFFERED

We provide a number of internet-based Products and Services through the Website (all such Products and Services, collectively, the “Service”). One such Service enables Users to purchase home interior products (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, etc. (which are provided for herein below), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.

5. PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the privacy policy of the Website (“Privacy Policy”). The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her.

6. LIMITED USER

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that our name is stated as the source and our prior written permission is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

7. USER CONDUCT & RULES

You agree and undertake to use the Website and the Service only to post and upload messages and material to the Website’s blog section that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

a. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
c. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
d. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
e. conduct or forward surveys, contests, pyramid schemes or chain letters;
f. download any file posted by another User of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
g. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
h. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
i. violate any applicable laws or regulations for the time being in force in or outside India; and
j. violate, abuse, unethically manipulate or exploit, any of the terms and conditions herein, or any other terms and conditions for the use of the Website contained elsewhere.

8. USER WARRANTY & REPRESENTATION

You hereby guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that, to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Products and Services provided by us.

9. EXACTNESS NOT GUARANTEED

We 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, Products and Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of Product. In this instance, you agree that the Service Provider will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 (ten) days of it being sent to you. The Service Provider may re-request that you accept a production alteration one additional time if an alternative method to send your Product is available. If you reject such second request, your order will be cancelled and you will be fully refunded via your initial method of payment.

10. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned therein, the Service Provider owns all intellectual property rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta-tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to us without obtaining our prior written authorization.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Products and Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

11. LINKS TO THIRD PARTY SITES

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Service Provider or the Website and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Service Provider is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The Website may provide such links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Service Provider or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

12. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Service Provider has endeavoured to ensure that all the information on the Website is correct, but the Service Provider neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall Service Provider be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Products and Services or Products; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the Products and Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Service Provider be responsible for the delay or inability to use the Website or related Products and Services, the provision of or failure to provide Products and Services, or for any information, software, Products, Services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Service Provider shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Service Provider’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Service Provider from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Service Provider that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

14. PRICING, CANCELLATION, REFUND, AND RETURNS

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian Rupees. Prices, Products and Services may change at Service Provider’s discretion. All prices are inclusive of local taxes, unless otherwise specified.

You hereby agree and acknowledge that once an order for a Product is placed and paid for, you may cancel the order and obtain a full refund of the price paid for, subject to the cancellation being made within 10 (ten) calendar days from the date of order finalisation. After this, there will no refund of any payments towards any order cancellations of the Product.

If you cancel part of the order, the same cancellation rules apply.

All cancellations must be made in writing by email to your Interior Designer/Relationship Manager. Refunds will be made by NEFT to your bank account within 15 days of cancellation.

If an order placed by you order is lost or undelivered to your specified location, we will make best efforts to offer a replacement, failing which we will refund the full value of that part of the order.

Product Return(s) of any nature are not allowed.

15. DELIVERY & INSTALLATION

A Product ordered by you will be shipped and delivered to your location  specified at the time of placing the order, based on date of delivery committed by us and we shall undertake to duly inform you of the same and shall forthwith inform you regarding any delays in the committed date of delivery. Typical delivery period for complete interiors is 6 weeks from order finalisation and payment.

Title and risk of loss for all Products ordered by you shall pass on to you upon Decopad’s delivery and installation of the Products at the addresses specified by you at the time of placing the order of the Products.

16. TERMINATION

Service Provider may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

Notwithstanding paragraph 1 of this Clause 16, these Terms will survive indefinitely unless and until Service Provider chooses to terminate them.

If you or the Service Provider terminates your use of the Website or any Service, the Service Provider may delete any content or other materials relating to your use of the Service and Service Provider will have no liability to you or any third party for doing so.

You shall be liable to pay for any Service or Product that you have already ordered prior to such termination for any reason whatsoever.

17. GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.

18. SEVERABILITY

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

19. REPORT ABUSE

As per these Terms, Users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to support@thedecopad.com.