Terms of Use - Users
Welcome toAdesign!
Please read theseterms of use for the Platform (“Terms of Use”)which,
together with thePrivacy Policy, Cancellations and Refunds Policy
and any other policies incorporated by reference or issued from time to
time (including any amendments, modifications or changes thereto) along
withdisclaimers and terms published(collectively “Terms”). The
Termsgovern your use of theAdesign platformwww.adesignvastuhome.com
and/orthe
Adesignmobile application (“Platform”), and the services offered
therein.
These Terms are a legally binding contract between us, NEW ADESIGN VASTU 110-VRAJ
VIHAR SOCIETY-2,
OPP. BASANT BAHAR-1, Gymkhana RD, BOPAL, AHMEDABAD - 380058 GUJARAT
(INDIA)(“Adesign /
We / Us”) and theUsersof the Platform.
Unless the context otherwise requires,“Users/
You”meanspersonswho have registered themselves on the Platform
for availing the Services (as defined below)and all persons who use,
access, browseand/ororder theServicesmade available on
the Platform in any mannerand Service Provider/s meansand
includesretailers, architects, engineers, contractors,
dealersandany such authorised third parties listed on the
Platformfor providing/availingServices and such other ancillary
services.
Adesign may, at any time: (i) upgrade, update, change, modify, or improve the
Services or a part of the Services in a manner it may deem fit, and (ii) change,
amend, modify, add, or remove portions of the contents of the Terms in
substance, or as to procedure or otherwise; in each case which will then be
applicable to all Users. Such changes shall be made applicable when they are
posted.You hereby agree that any and all changes, updates, amendments,
modifications, additions, or deletions made to the Terms by Adesign shall be
binding onYou.Adesign may also alter or remove any content from
the Platform without notice. We will notifyYouthrough any of the
communication modes as mentioned in this Terms in case of any changes or updates
to the Terms that we believe may materially impact Your use of the Platform.
Your continued use of the Platform following the changes or updates will mean
thatYouaccept the changes or revisions to the Terms and agree to
abide by it.These Terms apply in addition to any other terms and
conditions thatAdesignor its affiliated organizations may
askYoutoacceptin relation to different activities or
Services(defined below)offered toYouthrough the
Platform.It isYourresponsibility to review the Terms
frequently for any updates / modifications to the Terms.
Bycreating an account on thePlatform and /ormaking use of the
feature of thePlatformor the Services available
therein,Youagree and acknowledge that
(i)YouareaUser ;(ii)Youhave the
authority to enter into these
Terms;(iii)Youhavereadallthe Terms; and
(iv)Youagree to be bound byallthe Terms.
IfYoudo not agree to be bound by the Terms,You are advised not
to proceed to access, browse, order and/or use the Services made available on
the Platform. The terms and conditions contained in this Termsshall be
accepted without modification. The continued access, browsing and use of the
Platform and/or the Services would constitute acceptance of the terms and
conditions of this Terms.
YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY
THECONDITIONSCONTAINED IN THISTERMS, AND USE AND ACCESS OF THE
PLATFORM AND AVAILING SERVICES SHALL BE SUBJECT TO THETERMS.
This document is an electronic record in terms of Information Technology Act,
2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable
rules thereunder and the provisions pertaining to electronic records in various
statutes as amended by the IT Act, 2000. This electronic record is generated by
a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for access
to or usage of the Platform
Terms forUsers
1. Eligibility
a. The Platform and/orthe Services are available
only toUserswho can form legally binding contracts underIndian
Contract Act, 1872 (“Contract Act”).Persons who are “incompetent to
contract” within the meaning of the Contract Act including minors, un-discharged
insolvents etc. are not eligible to use the PlatformBy using
thePlatformor theServices,Yourepresent and warrant
that:
i.Youare at least eighteen (18) yearsofage andare not
disqualified from contracting by law;
ii.Youare entering intothese Termsout ofYour own free
will and consent;
iii.You areanIndian citizen andalegal resident of
India;Youruse of the Platform and Servicesavailedthrough
it do not violate any applicablelawand
regulationofIndia.
If a User is below,18 years of age, it is assumed that he/she is
accessing, browsing and/or using the Platform under the supervision of his/her
parent orsuch person who is legalguardianunder the applicable
laws ofIndia (“Eligible Person”)and that
suchEligible Personhas read and agrees to the terms of
thisTermson behalf of the User. ShouldAdesignbe made
aware that a User isnot of the legal ageand is accessing, browsing
and/or using the Platform without the supervision ofan Eligible Person,
Adesign reserves the right to deactivate such User’s account without further
notice.
If you register on behalf of a business entity,Yourepresent that You
are duly authorized by the business entity to accept theTermsand You
have the authority to bind the business entity to theTermsin
accordance with the applicable laws.
2. Services
The Platformis an initiative tofacilitate home
buildingsolutions totheUsers. To make home buildingeasy,
accessible and userfriendly,the
PlatformprovidesUserswith access toa rich collection of
resources includingcurated contentrelatingto the home
buildingeco-system, a marketplaceforUsersto connect with
one anotherandwiththeService Providersand various
communications toolsto get adviceforallYour home
building worries(collectivelythe "Service" or
"Services").All the Services are available on the Platform as well
asAdesign
authorisedstores(“Stores”).WhenYouavail a
Service through the Platformand/or Stores,Youconsent to be
contacted by our authorised representatives and/or Service Providers in relation
to the Serviceincluding by our customer support representatives.
Some specific features ofthe Platformand details of
Servicesinclude:
a. Service Providers
i.Adesign connectsYouto a wide range of Service
Providersincludingbut not limited toarchitects,
engineers,contractors,any such third partiesto provide
assistance with home building.
ii.Each Service Provider has a profile page on the Platform (“Service
Provider Profile”)which
liststheServicesoffered.Given the general and “as-is”
nature of the Platform,it is expresslyagreed andacknowledged
by the Users and the Service Providers that the Platform, as a marketplace, has
not undertaken any check or verification of the Service Providers or the Users,
their credentials or their profilesand that theyare not specifically
relying on any statements, or materials contained on Platform to make any
business decisions. It is entirely the responsibility of the Users
toconducttheirown due diligence in relation to the Services
being procured bythem andverify all details of the Service Providers
that they are transacting and/or interacting with, to their
satisfaction.Users must however understand that any background check
undertaken by Adesign is not exhaustiveand conclusive. Adesign is not
responsible for any representations, warranties, guarantee,
misrepresentationmade by the Service Providers as to the accuracy,
suitability, timeliness, or quality of their servicesor information shared
byService Providersontheir respectiveService Provider
Profile. Users should conduct necessary checks to verify if the Service Provider
is suitable forYouand the services/goods offered by such Service
Providers meetYour requirements.
iii.Listing of the Service Providers on the Platform is merely an
invitation to offer. The User may choose a Service Provider from the listing and
request for a desired Service which will constitute an offer. The Platform
facilitates the User and the Service Provider to negotiate and finalise on the
Service on their own terms. The Service Providers or Users whose proposal for
Services are rejected agree that they will have no claim whatsoever against
Adesign.
b. FindService Providersand Materials
i.When in need of quality home building solutions,Users can
conducta search formaterial and/orService Providerssuch
asarchitects, engineers, contractors. Users cancontact the Service
Provider of their choiceor request a call back from the Service Provider
based on their own assessment of the services listed on the Service Provider’s
Profile.
ii.IfYourequest a call back,Youconsent to
being contacted by phone/message/email byus and/or such Service Provider
or their agent,authorised person,representative or
employee.Adesign does not discloseYourphone number to
Service Providers and vice-versa. All calls are made
throughAdesign’svirtual phone number feature.However,
ifYouonYour own shareYour information with any person /
Service Provider directly thenAdesign shall not be liable or responsible
for the same for whatsoever reason.
iii.Adesign does not make any representation as to the suitability and
reliability of the search results to the specific needs of the User and is not
responsible for the quality/reliability of theServices offered by the
Service Provider.
c. Financial Services
i.Adesign provides alead generation platform
forUsersinterested in
availingvariousfinancialservices such asloan for the
purpose ofconstructing homeetcfrom lending and financial
services entities that are registered and regulated by the Reserve Bank of India
(“Financial Services”).
ii.IfYouchoose to avail the Financial Services feature,the
information provided byYouto avail the
Service,willbesharedwith
ourfinancialpartners, to assistYouto avail the best of
offers and services.You authorise us to share such information with our
financial partners.You agree to be bound by the terms and conditions and
privacy policy of ourfinancialpartners and authorise
ourfinancialpartnerstodeal
withYourinformation in accordance with such terms and conditions and
privacy policy.
iii.You agree and acknowledge that providing financial assistance shall be at
the sole discretion ofourfinancialpartners. Adesign shall
not be held liable for any delay, rejection or approval of any application made
through the Platformas we only forwardYourrequest to our
financial partners.
iv.Adesign shall not, directly or indirectly, be responsible for any
obligations relating to the Financial Services.
d. Design Services
i.Adesignofferscertain design related services to Users through
the Platform including providing a collection of pre-built 2D and 3D designs,
provisions for conversion of plans to 2D and 3D designs, virtual reality
servicesand the like(“Design Services”). Adesign makes
norepresentation in relation to the utility, suitability, practicability
of the designs provided through its Design Services. The
designs/drawingsprovided through the Design Services are merely concept
designs/drawings and are not good for construction designs/drawings. Users are
advised to seek professional advice when using/relying upon
designs/drawingsshared through the Design Services.Adesign makes
no representation that the designs suggested/provided through the Design
Services conformwiththe local laws applicable in the location where
the User wishes to build a home. Users are responsible to ensure that the
designs/drawingsconform to the local, state and national
laws.Further, whenbuilding a home,Usersmay be required
to obtain approvals and permissions from the relevant authorities and conduct
feasibility checks, assessments, etc. Users should seek independent professional
advice in relation to these aspects of home building.Users are responsible
to obtain approval from localauthorities with respect to the various
aspects of construction and building.Any ambiguities/discrepancies in the
designs/drawings provided by Adesign must be brought to the notice of
Adesignas per theCancellationsand
RefundsofYour receipt of the designs/drawings.
ii.You canavailcertainDesign Services, more
specificallythroughthe virtual-reality feature of the Design
Servicesthrough which Users can view housedesigns
onAdesign’svirtual reality
systematYourresidence.You agree to actresponsibly
andlawfullywhen availing thevirtual reality servicesat
residence.User warrants that they are the owner of, or a tenant in, or has
a right to use, access and allow access to, the address provided for availing
the Service.As responsiblemembers of the Adesign
family,youagree to handle all propertyused
byAdesign’srepresentatives to provide thevirtual
realityServicescarefullyand prudently. You agree
thatYouwill not cause nuisance, annoyance, inconvenience, or damage
property whenan Adesign representative visitsYour
residence.The right to take any action againstYou, in case of
anynuisance, annoyance, inconvenience, or damagecaused
byYouis expressly reserved byAdesign. Further, we also
reserve the right to suspend/ terminateYouraccount with us in such
casewithout any notice / intimation toYou.
e. Budgeting
i.For making quick budgeting decisions,Users can use the Budgeting feature
on the Platformand authorisedStores of Adesign.Based on the
specifications and details provided by Users, Users may be provided with an
approximatebudgetinstantly with standard break up of materials. User
agrees that theapproximate budgetprovidedisbased purely
on the algorithms adopted by Adesign and are merely suggestive of the actual
budget, time and costs involved in building a home. Users agree that Adesign
takes no responsibility for the accuracy of the suggestions made. Adesign
disclaims all liability(including escalation)in relation to
thebudgeting services offered by thePlatform.
f. Estimation Services
i.Apart from the Budgeting Service listed above, Adesign also
providesdetailedEstimation Servicesfor Users who may need
assistance in understanding the costs and time associated with house
buildingin detail. For such Users,Adesign will provide
detailedcosts,quantity ofmaterial required and time
estimation. Once aUsermakes a request, the estimate will be
providedtotheUsermaking a request.
ii.User agrees that the estimations provided are merely suggestive of the actual
budget, time and costs involved in building a home. Users agree that Adesign
takes no responsibility for the accuracy of the suggestions made. Adesign
disclaims all liability in relation to theestimation services offered by
thePlatform.
g.ConsultancyServices
i.Users may connect withrepresentativesappointed by Adesign
(“Executives”) forseekingassistanceonvarious
aspects of home building, includingbest practices on home building. Users
agree that any information provided on the Platform by the Executives are only
suggestions and such information does not constitute the rendering of legal,
accounting, tax, career or other professional advice or services. Information
provided by the Executives and otherwise on the Platform should not be relied
upon or used as a substitute for consultation with professional
advisors.It is hereby agreed acknowledged by the Users that Adesign,
directly or indirectly, (under law, contract, tort or equity) hasno
liability or responsibility in relation to the consulting services offered by
thePlatform.
h. Learn Module
i.Adesign aims toprovideits Users with
knowledgecontenton essentials of home building. For this
purpose,Usershave access to a wide rangeofeducational
videos and articles on the Platform. Users agree that any information provided
on the Platform is only a guide and such information does not constitute the
rendering oftechnical,legal, accounting, tax, career or other
professional advice or services. Informationshared throughthe
Platform should not be relied upon or used as a substitute for consultation with
professional advisors.It is hereby agreed acknowledged by the Users that
Adesign, directly or indirectly, (under law, contract, tort or equity) have no
liability or responsibility in relation to the content services offered by
thePlatform.
i. Community
i.Adesignmay offeropenchat feature/ chat functionality/ a
community forum page/ space on the Platform to enable communication between
Usersor/andUsers andService Providerson the
Platform.Adesign’srole is limited to providing the Platform and
the Services. With respectto User Content (as defined
below),Adesign’srole is that of an ‘intermediary’ as
defined under the Information Technology Act, 2000 and the rules thereunder.
Being an intermediary,Adesignhas no responsibility and / or
liability in respect of any User Content (as defined below) on the
Platform.
ii.You agree that all User Content created/shared/submitted
byYouon the Platform is on a non-proprietary and non-confidential
basis.
iii.Adesigndoes not pre-screen user content posted by Users or
communications between Usersor/andUsers andService
Providers(“User Content”).Adesignhas no obligation to
monitor any User Content. However,Adesignat its discretion and in
accordance with applicable law may monitor any User Content and may remove any
User Content from the Platform ifAdesigndetermines in its sole
discretion that such User Content is in violation of the Terms or any applicable
law.Adesignmay remove any communications from the Platform
ifAdesigndetermines in its sole discretion that such
communications are in violation of the Terms or any applicable law.
WhereAdesignremoves any User Content from the
Platform,Adesignwill make reasonable efforts to inform the User
who had posted such User Content about such removal. Such actions do not in any
manner negate or diluteAdesign’sposition as an intermediary or
impose any liability onAdesignwith respect to User
Content.
iv.Adesignwill consider all communications, requests and suggestions
sent by Users and other members of the public regarding take
down/disabling/removal/deletion any User Content provided that such
communications are sent in a bona fide manner in good faith in the interest of
the Platform and public good. However,Adesignis not under any
obligation to act on any such communications, requests and suggestions or
respond to any one.Adesign’sdecision in this respect shall be
final. Specifically, if any such request relates to a request / demand to take
down/ disable/ remove/ delete any User Content, Platform content, or User
communication,Adesignis under no legal obligation to respond to or
act on such requests.Adesignwill take such action
asAdesignis required to take under applicable law. If
thereisany valid court order or administrative order issued
requiringAdesignto take any action,
thenAdesignshallcomply with such court order or
administrative order.
j. My Teams
i.Adesignmay offerprivatechat feature/ chat
functionalityspace(“My Teams”)on the Platform to enable
communication,messagingbetween Users or/andany
otherUsers and/orService Providers on the Platformwhere
Usersand Service Providerscan share/exchanges messages, videos,
images etc.Adesign’srole is limitedonlyto
providingprivate chat feature onthe Platform,however, if a
User tags Adesign in the private chat for any assistance/queries then
Adesign shall respond to the User. Adesigndoes not have any control,
responsibility or liability in respect of any communication being exchanged on
My Teams.
ii.Through My Teams, a User can invite any other registered User and/or Service
Provider for joining My Teams.
iii.Through My Teams,Users must not promote products, services, schemes or
offers using deceptive or misleading business practices, including those
intended to scam people out of money or personal information.
iv.Through My Teams,Users must not facilitate or promote online gambling,
online real money,gamesof skill or online lotteries.
v.Through My Teams,Users must not incentivise other Users to misuse
theMyTeamsfeature or functionality or the Platform.
vi.Through My Teams,Users must not undertake, display, promote or
advertise any illegal content or activities, includinghate speech,
offensive, inappropriate, obscene,unlawfuland other objectionable
content.
k. Permissions
i.Through the Platform,Adesignassistsits Users with all
aspects of home building.Userscan obtaininformation on
the legal landscape in a particular region/locality including information on the
relevant administrative offices, approvals for checklists and process
documents.Any information contained on the Platform or this Service should
not be construed as legal advice and is not intended to be a substitute for
legal counsel on any subject matter. Users understand that they
shouldnotact or refrain from acting on the basis of any information
included in, or accessible through, the Service withoutverification
andseeking the appropriate legal or other professional advice on the
particular facts and circumstances at issue from a legal practitioner in the
appropriate jurisdiction.
ii.While Adesignendeavorsto provide accurate and complete
information, Adesign does not warrant that the information is complete or
accurate.Further,Users understand that the information provided is
subject to change based on eventsnot within the controlof Adesign
including a change in the regulatory landscape and amendments/modifications in
the law, in such case Adesignendavorsto update the information as
soon as possible.Adesign disclaims all liability to any person for any
loss caused by errors,omissions, incomplete nature ofthe collection
of information provided as part of this Service.
l. Progress Tracker
i.Through the Platform, Adesign assists Users in tracking their house building
progress. Progress tracked through the Progress Tracker is solely
anestimatedguide prepared on the basisof the information
shared by Users. Users agree that thetimelines indicatedthrough the
Progress Tracker areonlyan indication of the actual time that may be
required for the purpose of building/designing a home.
ii.Users agree to not rely solely on the information provided through the
Progress Tracker and conduct their own due diligence to estimate the progress of
their house. Users agree thatAdesign takes no responsibility for the
accuracy of the suggestions made. Adesign disclaims all liability in relation
to the suggestions provided.
The list of Services listed above is not comprehensive but merely indicative in
nature. As the Platform deepens its reach, Adesign may provide additional
services from time to time, as may be relevant to the home building
purpose.
3. Advertisements
Adesignreserves theright to place advertisements and publicity
materials of its choice, including that pertaining tothirdparties
for commercial use on the Platform.
4. User Account, Password and Security
a. To avail any of the
Services,Youarerequired to register for an account on the
Platform.
b. IfYouregister on the Platform, or
ifYouotherwise provide information on the
Platform,Youagree to (a) provide true, accurate, correctand
complete information aboutYourself as prompted by the Platform, and (b)
maintain and promptly update such information to keep it true, accurate,
correctand complete. IfYouprovide any information
toAdesignthat is false,misleading,inaccurate, outdated
or incomplete, orAdesignhas reasonable grounds to suspect that
such information is false, inaccurate,misleading,outdated or
incomplete,Adesignreservesright to suspend or
terminateYour account and/or prohibitany and
allpresentor future use of theServices(or any
portion thereof) byYou, without any
notice/intimationtoYou.
c. WhenYouregister an account on the
Platform:
i.You will receive a one-time-password (OTP) onthe contact number provided
byYou, for the purpose of verification;
ii.Upon completing the registration and verification processthrough
OTP,an account will be designated toYou.
iii.You are responsible for maintaining the confidentiality
ofYouraccount and are fully responsible for all activities that
occurthroughYouraccount.You undertake not to
shareYourphone numberand/or any other details required to log
intoYour account, including the OTP received onYour phone
number,with any other person for their use of the Platform.You agree
toimmediately notifyAdesignof any unauthorized use
ofYouraccount or any other breach of securityand Adesign
will not be held liable for any loss and damage caused toYoudue to
any unauthorised use ofYour account.
iv.You agree to get periodic SMS alerts, WhatsApp texts and/or
e-mailsfromAdesignin relation to the following:
A. Update, amendment, change in the Terms;
B. Specific Services availed through the
Platform;
C. Promotional messagesincludingoffers,
updates on new servicesand promotions;
D. Payment information.
v.Adesignrecommends thatYouexitor log
outfromYour account at the end of each session if using a public
computer.Adesigncannot and will not be liable for any loss or
damage arising frommisuse ofYour account or information therein,
because ofYour failure(including negligence, act of omission and
commission)to comply with therequirements under this section.
d. The User shall assume all risks, liabilities, and
consequences if his/her account has been accessed illegally or without
authorisation through means such as hacking and if through such unauthorised
access, any access or payment has been made for any Services. It is specifically
clarified that payments of monies towards any Services by unauthorised or
illegal use of the User’s account shall entirely be borne by the User.
e. IfYouhave any security related
concerns, please contact Support at+91 942 652 5446
f. We reserve the right to:
i.Make all decisions in relation to,inter alia,Your
registration with Adesign;and
ii.Request additional documents and additional information
fromYoufor the purpose ofYour registration as a User with the
Platform.
g. For the purposes of registration and identifying
a User on the Platform, Adesign may, from time to time, collect certain
personally identifiable information such asYourfirst name and last
name, email address, mobile phone number, postal address, other contact
information, demographic profile, etc. By registering on the Platform, it is
deemed that the User has given express and specific consent for such collection
and processing of data for the purpose of use of the Platform. Registration on
the Platform is one-time, andYouare required to remember Your
username and password and keep the same confidential. In the event
whereyou have misplacedYourusername and password
details, You can retrieve and change the same using the “forgot
username/password” option on the Platform. User must not disclose, transfer,
sublicense or otherwise part away with the username and password or try to
circumvent them in any manner whatsoever and Adesign shall bear no
responsibility for any loss arising out of such disclosure.
h. You understand that onYourregistration on
the Platform or on Your use of any Service or payment for performance and
delivery of any Service on the Platform, You may receive text messages
(including through internet-based mobile messaging) and/or emails from Adesign
on Your registered mobile number and/or email address.You shall be solely
responsible to updateYourregistered mobile number and/or email
address on the Platform in the event there is a change.These messages
and/or emails could relate inter alia to Your registration, status of or update
in relation to Your order placed for Your desired Service, payment information,
information pertaining to Services and other activitiesYou carry out on
the Platform and information pertaining to the promotions that are undertaken by
Adesign (or third parties in connection with the Platform) from time to
time.Further, Adesign may also sendYounotifications
and reminders with respect to the due dates in relation to the performance of
the agreed Services. While Adesign shall make every endeavour to share prompt
reminders and notifications in relation to the performance of Services with You,
Adesign shall not be held liable for any failure to send such notifications or
reminders toYou.
i. It is expressly acknowledged by the User
and the Service Providers that the Platform, as a marketplace, or Adesign has
not undertaken any check or verification of the Users or the Service Providers,
their credentials or their profiles. It is entirely the responsibility of the
Users and the Service Providers to verify all details of the Service Providers
and Users that they are transacting and/or interacting with, to their
satisfaction. Adesign shall not be liable in any manner for credentials,
representations acts or omissions of any User or Service Provider.
j. THE USER AND THE SERVICE PROVIDER DISCLAIM
ANY AND ALL CLAIMS, ACTIONS,SUITSAGAINST Adesign ARISING OUT OF
THE SERVICES PROVIDED OR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER,
BY EXECUTING THISTERMS, Adesign DOES NOT, NOR SHOULD IT BE CONSTRUED TO,
EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM USERS.
NOTHING IN THISTERMSSHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR
STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A
PARTY TO THISTERMS.
k. You agree not to enter into any contractual
provisions in conflict with thisTerms. Service Provider is solely
responsible for the performance and quality of theServicesavailed by
the User through the Platformin a timely manner.Userand
Service Provider each, covenant and agree to act with good faith and fair
dealing in performance of theServices.
l. Adesignis not a party to the
dealing, contracting andfulfillmentof anyServicesbetween
aUserand a Service Provider.Adesignonly acts as an
intermediary and has no control over and does not guarantee the quality, safety
or legality of anyServicesperformed or created, advertised, the
truth or accuracy ofServiceslistings, the qualifications,
background, or abilities of Service Provider, the ability of Service Provider to
performServices, the ability ofUserto pay forServices,
or that aUseror Service Provider can or will actually complete
aService.
m. Adesignis not responsible for and will not control
the manner in which a Service Provider operates and is not involved in the
hiring, firing, discipline or working conditions of the Service Provider. All
rights and obligations for the purchase and sale ofServicesare
solely between aUserand a Service Provider.Userand
Service Provider must look solely to the other for enforcement and performance
of all the rights and obligationsin relation to the Services, as may
beagreedbetween theUserand the Service Provider, and any
other terms, conditions, representations, or warranties associated with
suchServices.Adesignis not and cannot be a party to any
dispute arising or in connection with theServicerequestedby
aUserand performed by a Service Provider on the Platform in its
capacity as the host of the Platform.
n. Once theServicesare completed by the
Service Provider, it is the decision of theUserto accept or reject
suchServices.
o. You agree and understand thatin relation
to Services listed on the Platform which are provided/rendered by Service
Providers and the contents therein advertised by them,Adesignis
merely providing intermediary hosting services to its Users through the
Platform.Adesignshall bear no responsibility or liability in
relation to or arising out of such third-party generated
content.Adesignneither originates nor initiates the transmission
nor selects the sender and receiver of the transmission nor selects nor modifies
the information contained in the transmissionof such third-party generated
content.In relation to Services rendered by the Service
Providers,Adesignis merely an intermediary and does not interfere
in the transaction betweenUserand Service Providers.
p. WhileAdesignshall make reasonable
endeavours to maintain generally accepted standards of security and shall
provide the Services by using reasonable efforts,Adesignshall not
be liable for any interruption that may be caused toYouraccess or
use of the Services.
q. Adesigndoes not covenant or warrant
that:
i.the Services will be made available at all times;
ii.any content displayed or available on the Platformis complete, true,
accurate or non-misleading;
iii.theServiceslisted on the Platform are of specified standards and
quality;
iv.the skill and quality of performance ofServicesby Service
Providers will be to the expectation of theUser; and
v.Adesignhas undertaken any verification of the Usersor Service
Providersor their credentials.
5. Fees
a. Adesign may charge feesfromUsers
("Fees") in consideration for the use of the Platform and
Services.
b. Any applicableFees (including any applicable
taxes) will be displayed toYouprior toYour use of
therelevant paidService.Wereserve the right
tovarythe Fees at any time, and will
provideUsersadequate notice of any fee changes before they become
effective. Such fee changes will not affect anytransactions
betweenYouand Adesignmade prior to the effective date of the
fee change.
c. You are responsible for paying any Fees
thatis duetoAdesignor its Service
Providersassociated with the use of the Platform
and/orServicesincluding alltaxes, charges etc. as applicable
and levied.Users agree to provide true and accurate information when
making payments. All payment of Feesisin Indian
rupees.The applicableFees (including any applicable taxes) are
collectedthrough commonly used banking channels.You may use any of
the payment method available on the Platform.Adesign may enter into
agreements with third party payment gateway aggregators and financial
institutions authorized for collection, refund and remittance and to facilitate
payment of Feesto Adesign.
d. All fees charged by Service Providers shall be as
mutually agreed between the User and the Service Provider. Adesign shall not,
directly, or indirectly, have any liability or responsibility for commercial
terms agreed between the User and the Service Provider including the fees to be
paid to the Service Provider.
e. All cancellations and refunds of any Service by
a User shall be undertaken in accordance with the Cancellation and Refund Policy
(insert hyperlink here).
f. Adesign shall not be responsible if a
payment made by a User is not registered or is lost due to any network problems
such as breakdown of machinery, unclear/ disruption in the network or
non-receipt of payment from banks/payment gateways and/or the cost(s) charged by
the network operator(s)or for lossor misuseof any information
such asYouraccount details, passwords etc. by third party payment
gateway aggregators and financial institutions.Any dispute in connection
to the same shall be settled between the User and the network operator.
g. Thecontactdetails of the payment
services provider can be viewed at
6. User Conduct
a. All activities onYouraccount or an account
managed inYourname areYour responsibility. As a responsible
member of the Adesign family,Youshould not use the Platform:
i.for any purpose that is unlawful, illegal or forbidden by law;
ii.to send communications containing unsolicited /
unauthorized/misleadingadvertisements, promotions or marketing
material;
iii.that may result in harm to the reputation of or disparage Adesign, the
Platform and/orthe Services provided in any manner;
iv.inany manner other than as agreed in the Terms.
b. You warrant
toAdesignthatYouwill comply with all applicable laws,
statutes, ordinances, regulations and treaties regarding the use ofthe
Platform, theServices and any other related activities.
c. You agree thatyouwill only
contact a Service Provideronly through the Platformat all
timeswhenYouneedServices.
d. You are responsible for all theUser Content
(including messages, images, updates and files) thatYoupost on the
Platform (including with respect to its appropriateness, legitimacy and
ownership).Youmust ensure that theUser Content postedand
the Feedback provided to Adesignis in conformity with the Terms and
applicable laws.WhenYouuse the Platformand/or contact
Adesign for any purpose including to provide
Feedback,Youspecifically undertake not to host, display, upload,
modify, publish, transmit, update or share any User Content, through the
Platformand otherwise, that:
i.belongs to another person and to whichYouhave no right;
ii.isgrossly harmful, harassing, blasphemous,
defamatory,discriminatory,obscene, pornographic, paedophilic,
libellous, invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatsoever.
iii.harms minors in anyway;
iv.infringes any patent, trademark, copyright, or other proprietary
rights;
v.violates any applicable laws;
vi.deceives or misleads the addressee about the origin of such messages or
communicates any information that is grossly offensive or menacing in
nature;
vii.impersonates another person;
viii.contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
resource;
ix.threatens the unity, integrity, defence, security, or sovereignty of India,
friendly relations with foreign states, 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;
7. Intellectual Property
a. Rights ofAdesign
i.You acknowledge and agree that all the rights, title and interests in the
Platform,and/or theServices
includingAdesign’scompilation of regulatory information, and all
the intellectual property rights therein or related thereto are solely and
absolutely owned by Adesignor its licensor. All such rights, title and
interestsshall continue to vest with Adesign or its licensor during and
after the term of thisTerms.
ii.All intellectual propertyincluding in relation tothedomain
namewww.adesignvastuhome.com,any trademarks, logos, images
and other content available on the Platform belongs exclusively
toAdesign/ its Service Providers/or its
licensors.ThroughYour use of the Platform, by no means is
anyproprietaryright in any intellectual property impliedly or
expressly granted byAdesigntoYou.Adesign reserves
all rights not expressly granted to the User under these
Terms.Youmay not copy, imitate or use, in whole or in part, without
the prior written permission of Adesign or wherever applicable, the owner of
theintellectual property any trademarks,domain name,logos,
images and other content available on the Platform;
iii.You hereby grant Adesign a perpetual, non-revocable, worldwide,
royalty-free license to use, copy, distribute, display, reproduce, modify,
adapt, the User Content posted/published byYouon the Platform and
further waive any rights thatYoumay have under Section 30A of the
Copyright Act, 1957 (or any similar provision under any applicable law) as well
moral rights.
b. Your Rights
i.AdesigngrantsUsersa limited,royalty-free
rightto usethe Platformonly for non-commercial purposes.
ii.Unless explicitly stated or otherwise authorised by
Adesign,Youagree not to reproduce, modify, sell, distribute,
mirror, frame, republish, download, transmit, or create derivative works of the
domain name www.adesignvastuhome.comand
the content on the Platform, in whole or in part, by any means. You must not
remove or modify any copyright or trademark notice, or other notice of
ownership.
8. Confidential Information
a. “Confidential Information” shall mean all data,
information and materials including, without limitation, computer
software/program, documents,information, advice,manuals, databases,
protocols, API, web tools, applications and interfaces and specifications
provided by Adesignetc., directly or indirectly, toYou, under
thisTerms, whether written, oral or transmitted through the Platform or
otherwise, and whether specifically marked as confidential or not.
b. During the course ofYourinteractions with
us,Youmay come into possession of our proprietary and Confidential
Information. You shall, at all times, keep the Confidential Information
confidential and use all reasonable efforts, including implementing reasonable
physical security measures and operating procedures, to preserve the secrecy and
confidentiality of such Confidential Information. You shall not, at any time,
without our prior written approvalfrom Adesign, make any disclosures
whatsoever of any Confidential Information to others. IfYouare not
anindividual,Youmay disclose the Confidential Information
toYour officers, workforce, representativeand employees
(“Personnel”) only on “need to know basis” providedYouadvise
such Personnel of the confidential nature of the Confidential Information and
inform them not to disclose the same further. You shall, at all times, be
responsible for the acts ofYour Personnel. You shall not modify or
remove any confidentiality marking and/or copyright notices appearing on any
Confidential Information.
9. Third Party Sites / Content
a. The Platform may provide links or
directYouto various third party websites, including those of Service
Providers. IfYouuse any of these links,Youmay be
directed / redirected to such external websites.
b. IfYoudecide to visit any such external
link,Youagree to do so atYour own risk, responsibility and
liability.Adesigndoes not endorse any website linked to the
Platform or the information appearing therein or any of the products or services
described therein. You agree thatAdesignis in no way responsible
for the accuracy, timeliness or completeness of information that it may obtain
from these third parties and which may be posted / published on the Platform and
as may be amended from time to time.You are advised useYourown
judgment when engaging with third parties or relying on third party information
available on the Platform.
c. Any display of third party goods / services
offered through the Platform does not in any way imply, suggest, or constitute
any reputation, sponsorship, endorsement or approval ofAdesignby
any such third parties.
d. Use of suchthird-partylinks shall be
governed by a separate agreement betweenYouand such third
party.Adesignwill have no liability with respect to the acts,
omissions, errors, representations, warranties, breaches or negligence of any
such third parties or for any refunds, exchanges, personal injuries, death,
property damage, or other damages or expenses resulting from interactions of the
User with such third parties or from availing any goods / services from such
third parties.
10. User Account Suspension and Deactivation
a. Suspensionsor terminationofUser
accounts byAdesign
There may be circumstances whereinAdesign,at its sole
discretion,will be required to suspendor terminateaUser
accountwhich will preventYoufrom utilising
certain/all/anyfeatures available on the Platform.Suspensionor
terminationmay occurin the eventAdesignhas any reason
to believethat:
i.Your account may be used forfraud or attempt to defraud;
ii.Your account may be used formoney laundering;
iii.Youareinvolvedin collusion, rigging or cheating of any
kindand are using the account for this purpose;
iv.You are violating any applicable laws;
v.Youdo not meet the eligibilitycriteriato access the
platform;
vi.Youare trying to access Platform from any other territory from
whereAdesigndoes not accept Users;
vii.Youmisrepresent orprovide wrong or misleading information or
commits any act leading Adesign to believe thatYouhave either
flouted the standards of integrityor have failed to meet its
commitment;
viii.Youare violating these Terms in any manner;or
ix.Adesign is unable toverify or authenticate any
informationYousubmit.
b. Adesign may, at its sole discretion, partially or
fully discontinue any or all Services or discontinue the operation of the
Platform at any time, with two (2) months’ prior written notice, without any
liability. Adesign will publish a general notice to that effect on the
Platform, which shall be applicable to allthe Users. All the claims and
liabilities arising before the date of discontinuation shall be valid and
enforceable post discontinuation.
c. The User may terminate the Terms at any time,
provided that the User discontinues any further use of the Platform or
Services.
d. It is specifically clarified that any termination of
the Terms by a User shall not cancel the User’s obligation to pay for any
Services availed or initiated on the Platform, or any other obligation which has
accrued, or is unfulfilled and relates to the period, prior to
termination.
e. Any provision of the Terms which imposes an
obligation or creates a right that by its nature will be valid after termination
or expiration of the Terms shall survive the termination or expiration of the
Terms.
f. Without
limitingAdesign’sother remedies, Adesign may issue a warning, or
temporarily suspend, indefinitely suspend or terminate Your account or an agreed
Service, and refuse to provide any or all Services to You if: (a) You breach the
letter or spirit of any terms and conditions of the Terms; (b) Adesign is
unable to verify or authenticate any information You provide to us; or (c)
Adesign believes in its sole discretion that Your actions may cause legal
liability for You, its Users, including Service Provider or for Adesign or are
contrary to the interests of the Platform. Once indefinitely suspended or
terminated,Youmust not continue to use the Platform under the same
Account, a different Account, or register under a new Account.
g. WhenYouraccount is terminated for
any reason, You will no longer have access to data, messages, files and other
material You keep on the Platform. The material may be deleted along with
allYourprevious posts and proposals.
h. Incase ofeventsfalling under (i) to
(iv), Adesign may also be required to supply relevant User details and data to
the applicable authority, regulator, court or other third parties including to
comply with applicable laws or court orders/judgments.If investigations
are ongoing and unresolved issues remain, thenAdesignwill continue
to suspend the user account.Adesign also reserves the right to initiate
appropriate civil or criminal action againstYouin the event of
violation of these Terms or applicable laws.Adesign will cooperate in
all investigative procedures or requests for access / information initiated by
any such government or law enforcement authorities.
i. In addition to the
above,Adesignreserves the right to suspendYouruser
account at any timewithout assigningany
reasonwhatsoever.
j. Upon suspension ofYouruser
account, regardless of the reason(s),all licenses granted
toYouhereunder will immediately cease andYour right to use
theservices reserved for registered Users onthe Platform immediately
ceases.Adesignshall not be liable toYouor any third
party for any claims or damages arising out of any suspension ofYour user
account or any other actions taken in connection with such account
suspension.
k. Deactivation of user account byYou
You may also deactivateYouruser account by writing
toAdesignat adesignexecutors@hotmail.comShouldYouwish
to resume using the Platform,Youwill be required to reactivate the
existing account at any time by writing toAdesignatadesignexecutors@hotmail.comor
raising request to our Call Centre at+91 942 652 5446
l. Upon deactivation, all licenses granted
toYouhereunder will immediately cease andYour right to use
theServicesreserved for registered Users on the Platform immediately
ceases.Adesignshall not be liable toYouor any third
party for any claims or damages arising out of any deactivation ofYour
user account or any other actions taken in connection with such
accountdeactivation.Users must notethatdeactivation of
account does not result in automatic termination of the agreement
betweenthe Userand Service Provider.
11.
Feedback
a. Your feedback isimportant to us. Users
canprovide feedback, suggestions, and ideasabout our Services
("Feedback").When providing Feedback, Users agree to adhere to the
terms mentioned in Section 6(c) above.Usersagree
thatAdesignmay, in its sole discretion, use the
FeedbackYouprovide toAdesignin any way,
includingto makefuture enhancements and modifications to the
Services. You herebyirrevocably, absolutely and perpetually
assigntoAdesignand its assignsrights, title and
interests in the Feedback in lieu of the Services providedin the
worldwideterritory. Youwaive any rights thatYoumay have
in such Feedback, includingunder the provisions of Section 19(4) of the
Copyright Act, 1957 of India or any other similar provision under any law or any
jurisdiction. To the extent any assignment of the Feedback and the rights
therein cannot be made to Adesign,Yougrant to Adesign and its
assignsa perpetual, worldwide, fully transferable, sub licensable,
irrevocable, royalty free license to use, reproduce, modify, create derivative
works from, distribute, and display the Feedback in any manner for any purpose,
in anymode ormediaof any kind now existing or developed in the
future, without any obligation to provide attribution or compensation
toYouor any third party.You waive any reversionary
rightsYoumay have under Section 30 A of the Copyright Act, 1957 or
any other similar provision under any law in relation to the intellectual
property rights in the Feedback so licensed.
12. Liability Disclaimer
a. Wedo not make anyrepresentations and
warranties relating to the Platform including content therein, and the
Serviceslistedon the Platform.Adesigndisclaims any
representation and warranties for thesecurity, reliability, quality,
timeliness, and performance of (i) the Platform, content on the Platform and
Services offered on the Platform; (ii) third party products or services
advertised on or received throughthe Platform orany links or other
sources provided on the Platform; (iii) any information, content or advice
received through the sites or links provided on the
Platform.Adesignmakes no warranty or representation that any
errors in the Platform will be corrected.
b. You agree that use of the Platform and the Services on
the Platform is atYoursole discretion.Adesignis not
responsibleor liablefor any consequences arising
outYouruse of the Platform.
c. The Platform is provided on a “AS IS” and “AS
AVAILABLE”and "with all faults" basis with no representations or
warranties whatsoever.Adesignisnotliable for any
network, technical or other operational difficulties or problems which may
result in loss ofYourdata, monetary loss, personalization settings
or other interruptions in the features offered on the Platform.
NeitherAdesignnor any third party is liable for the deletion,
loss,mis-delivery, timeliness or failure to store or transmit any features
or other aspects of the Platform or Services, content on the Platform
orYour personalization and / or User account settings.
d. The Platform and/or any Services offered by us may be
unavailable or be interrupted owing to upkeep and maintenance or for reasons
beyond our control and thus we do not make any representation that the Website
and/or the Services provided toYouwill be uninterrupted.
e. We shall have no responsibility for any damage
toYourcomputer system(s), loss of data that results from the use of
the Platform or its content.
f. During provision of the Services,
Adesigndoes not endorse any views expressed on the Platform and does not
influence control over any particular theory, opinion, ideology, doctrine,
viewpoint or position on any topic. Availing any Services and/or relying on any
advice or suggestions given through the medium of the Platform is the discretion
of the User and Adesign disclaims all liabilities in this regard.
g. Adesign is not a party to any agreements,
contracts, arrangements entered into betweenUsersand Service
Providers and disclaims all liability in relation to such arrangementsand
for any act, action, omission or work of any of the Service Providers. Adesign
is and will not in any way be engaged in facilitating, negotiating or assisting
in the arrangements between the Userand Service Provider.The Users
fully hereby waive and relinquish any and all claims that they may have against
Adesign in relation to services provided or proposed to be provided, by the
Service Providers.
h. Adesign is not liable for any loss suffereddue
to reasons beyond the control of Adesign. Adesign is not liable for any loss
sufferedas result of reliance on the advice of Executives or on the
advice, promises,representation,assurances made by the Service
Provider.Adesign is also not responsiblefor any acts,
representations and consequences of performance/inadequate
performance/non-performance ofanyservices bythe Service
Providers.Users agree that Adesign will not be made a party to any
dispute between them and Service Provider nor will Adesign be liable in case
of any such dispute.
13. Indemnity
a. You hereby agreeto defend, hold harmless and
indemnifyAdesignandits group companies, affiliates,
associates, officers, directors, employees, consultants,licensors,
subsidiaries, associates, affiliates and partners ofAdesignfrom
and against any and all losses, costs, expenses, damages or other liabilities
incurred from and against any cost, liability, loss, damage, cause of action,
claim, suit, proceeding, demand or action brought by a third party, due to or
arising out of or in connection with (i)Your use of the
Platform,(ii)Your breach of any provision of the Terms,(iii)
actual and/or alleged infringement, by any other User of Your account
withAdesign,(iv) action or inaction on behalf
oftheService Provider in performing and delivering the agreed
Services, (v) actual and/or alleged infringement of any intellectual property or
other right of any person or entity, and (vi) any dispute between Service
Provider and User to which Adesign is made a party in relation to the Services
sought/ provided through the Platform, and (vii)any fraud, negligence,
wilful misconduct or intentional wrongdoing on Your
part,.Adesignshall notify You promptly of such claim, loss,
liability, or demand, and in addition toYourforegoing obligations,
You agree to provideAdesignwith reasonable assistance, at Your
expense, in defending any such claim, loss, liability, damage or cost.
b. IfYouare using this Platform on behalf of
any legal entity, thenYouand the legal entity shall be jointly and
severally be responsible to indemnify us, our affiliates, directors, agents and
employees, harmlessagainst any and all cost, liability, loss, damage,
cause of action, claim, suit,proceeding, demand or action brought by a
third party againstus, our affiliates, directors, agents and
employees,due to or arising out of or in connection withYour use of
the Platform, Services, or the content posted byYouon the Platform;
orYour breach of any provision of the Terms; or any negligent or
intentional wrongdoing byYouon the Platform.
c. You shall not settle or compromise any such
matterin respect of which any indemnity claim ariseswithout our
prior written consent.Adesignshall be entitled to participate in
such defence through our own counsel atYourcost and expense.
14.Limitation of Liability
i.
To the fullest extent permitted by law,Adesignis not and will not
be liable for anydirect,indirect, remote, punitive, special,
incidental, consequential, or exemplary damages (including, without limitation,
loss of business, revenue, profits, goodwill) arising out of or in connection
with the Platform or the Services, even ifAdesignhas
previously been advised of, or reasonably could have foreseen,the
possibility of such damages, however they arise, whether in breach of contract
or in tort (including negligence), including without limitation to damages due
to: (a) the use of or the inability to use thePlatform or (b) conduct of
any User on the Platform (c) unauthorized access to or alteration of
transmissions or data, (d) malicious or criminal behaviour, or false or
fraudulent transactions (e) technical or other operational lapses on the
Platform(f) services provided by any Service Provider. In any event, the
liability ofAdesignarising out of theTermsshall not
exceedservice fee, if any, paid to Adesign.
15. Personal
Information and Data Security
a. Adesign may collect, store, use, process and
transfer toService Providersinformation provided byYouat
the time of registration ofYour user account, or during thecourse
ofYour use of the Platform, includingYour personal information that
shall be governed by the applicable data protection laws and the Privacy
Policy.
b. For more information on the security measures and
systems thatAdesignhas in place for the protection of personal
Information collected fromYouon the Platform, kindly refer to
ourPrivacy Policy.Acceptance of this Term shall deemed
to be acceptance of Privacy Policy.
c. Adesign is not responsible for and disclaims
all liability in relation to personal information directly shared by Users to
Service Providers via the Platform.
d. Adesign shall not be liable or responsible for any
information or data shared by the Users with the Service Providers.
16. Governing Law
& Jurisdiction
a. The Terms is governed by the provisions of Indian
law.
b. Either party shall have the right to seek interim
reliefs at appropriate forums / courts having jurisdiction thereof.Subject
to Section 17below, the courts at Ahmedabad, Gujaratshall have exclusive
jurisdiction over all matters
connected with these Terms andYour use of the Platform.
17. Dispute
Resolution
a. In the event any dispute arises out of or in
connection with the Terms herein, including the validity hereof, the Parties
hereto shallendeavorto settle such dispute amicably in the first
instance. For this purpose,Youmay reach out to customer support
at+91 942 652 5446or write an e-mail to
usonadesignexecutors@hotmail.com
b. The attempt to bring about an amicable settlement
shall be treated as having failed as soon as one of the parties hereto, after
reasonable attempts, which shall continue for not less than 15 (Fifteen)
calendar days, gives a notice to this effect, to the other party in
writing.
c. If Parties are unable to resolve the dispute
within thirty (30) days through negotiation,Adesign and the Users hereby
expressly agree that all disputes shall be finally settled by arbitration in
accordance with the Arbitration and Conciliation Act, 1996. The arbitration
proceedings shall be conducted in the English language. The seat of arbitration
shall be Ahmedabad. The arbitration shall be conducted by a sole
arbitratormutuallyappointed by Adesignand the disputing
User. Arbitration awards shall be reasoned awards and shall be final and binding
on Adesign and the disputing User/s and shall be enforceable in any court of
competent jurisdiction.
18. Term
The Terms will remain in full force and effect whileYouare registered
with the Platform or use any Services available on the Platform in any form or
capacity.
19. Independent
Contractor
a. These Terms does not create the relationship of
employer - employee, principal and agent, joint ventures, or partners between
the Users and Adesign, and in nocircumstances,shall Adesign be
considered an agent of Users.
b. Adesign does not, and shall not be deemed to, direct
or controlYougenerally or inYour performance under these Terms
specifically, including in connection withprovisionof services by
the Service Providers. You acknowledge and agree thatYouhave
complete discretion whether to use the Services, list as a Service Provider or
otherwise engage in activities on the Platform.
20. General
Provisions
a. EntireTerms:ForUsers, the
Terms constitute an entire, valid and binding agreement
betweenYouandAdesignand governsYour access and
use of the Platform.ForService Providers, the Terms and agreements
entered into betweenYouand Adesign, if any, constitute an entire,
valid and binding agreement betweenYouand Adesign and
governsYour access and use of the Platform.In the event, these Terms
are available in multiple languages, the Terms written in the English language
and the meaning and intent conveyed thereunder shall prevail over the Terms of
other languages andthe Terms in the English language willbe final
and binding on the Users and the Platform.
b. Binding Nature:These Termsshall be
binding uponYouandAdesignandYourlegal
heir, administrator, executor,successors-in-interests and permitted
assigns.
c. Severability:If one or more of the
provisions contained in the Terms is held invalid, illegal or unenforceable in
any respect by any court of competent jurisdiction, such holding will not impair
the validity, legality, or enforceability of the remaining
provisions.
d. Waiver:The failure of either party to
exercise any right provided for herein shall not be deemed a waiver of any
further right hereunder.
e. Assignment:Your relationship with
Adesign is a personal arrangement.You may not assign or sub-license,
without the prior written consent ofAdesign, the rights, duties or
obligations under the Terms, in whole or in part, to any person or
entity.Adesignmay assign or sub-license in whole or in part any of
its rights, duties or obligations under the Terms to any of its
affiliates.
f. Force Majeure:Except for the
payment of fees to Adesign, neither of the parties to
thisTermsshall be responsible for the failure to perform or any
delay in performance of any obligation hereunder due
tolabordisturbances, accidents, fires, floods, telecommunications or
Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns,
operation of law, epidemics, pandemics,cyber attacks, acts of government,
governmental requirements and regulations or restrictions imposed by law or any
other similar conditions beyond the reasonable control of such party. The time
for performance of such party shall be extended by the period of such
delay.
g. Notices:All notices and
communications to the Platform shall be in writing, in English and shall be
deemed given if delivered personally or by commercial messenger or courier
service, or mailed by registered or certified mail (return receipt requested) or
sent by email, with due acknowledgment or complete transmission to the following
address:
Postal Address:
NEW ADESIGN VASTU,
110-VRAJ VIHAR SOCIETY-2,
OPP. BASANT BAHAR-1, Gymkhana RD,
BOPAL, AHMEDABAD - 380058 GUJARAT (INDIA)
Email Address:adesignexecutors@hotmail.com
Legal notices will be served to the email addressYouprovide to us
while enrolling as a User on the Platform. Notice will be deemed given 24 hours
after such email notice has been sent.
21.
ContactUs
IfYouhave any questions or concerns regarding the Terms of Use or for
any technical supportor use of Services, please contact us
at+91 942 652 5446Our authorised representatives may
reach out toYoutoanswerYour queriesand/or
addressYour concerns.
In accordance with Information Technology Act,2000 and rules made there
under, the name and contact details of the Grievance Officer are provided below
who can be contacted with respect to any complaints or concerns including those
pertaining to breach of the Terms and other policies or
questions:adesignexecutors@hotmail.com
These Terms of Use were last updated on:19 November 2020
Terms of Use - Service Providers
Welcome to Adesign!
Please read these terms of use for the Platform (“Terms of Use”) which,
together with thePrivacy Policy,Cancellations and
Refunds Policyand any other policies incorporated by
reference or issued from time to time (including any amendments, modifications
or changes thereto) along with disclaimers and terms published (collectively
“Terms”). The Terms governYouruse of the Adesign
platformwww.adesignvastuhome.comand/or the Adesign mobile
application (“Platform”), and the services offered therein.
TheseTerms are a legally binding contract between us, NEW ADESIGN VASTU 110-VRAJ
VIHAR SOCIETY-2,
OPP. BASANT BAHAR-1, Gymkhana RD, BOPAL, AHMEDABAD - 380058 GUJARAT
(INDIA)(“Adesign / We /
Us”)andService Providers (as defined below).
Unless the context otherwise requires, “Users” meanspersonswho have
registered themselves on the Platform for availing the Services (as defined
below) andall persons who use, access, browseand/ororder
theservices made available on the Platform in any manner and “Service
Provider/s / You” means and includes retailers, architects, engineers,
contractors, dealers and any such authorised third parties listed on the
Platform for providing/availing Services and such other ancillary
services.
Adesign may, at any time: (i) upgrade, update, change, modify, or improve the
Services or a part of the Services in a manner it may deem fit, and (ii) change,
amend, modify, add, or remove portions of the contents of the Terms in
substance, or as to procedure or otherwise; in each case which willthen be
applicable to all Service Providers. Such changes shall be made applicable when
they are posted.You hereby agree that any and all changes, updates,
amendments, modifications, additions, or deletions made to the Terms by
Adesign shall be binding onYou.Adesign may also alter or remove
any content from the Platform without notice. We will
notifyYouthrough any of the communication modes as mentioned in this
Terms in case of any changes or updates to the Terms that we believe may
materially impact Your use of the Platform. Your continued use of the Platform
following the changes or updates will mean thatYouaccept the changes
or revisions to the Terms and agree to abide by it.These Terms apply in
addition to any other terms and conditions that Adesign or its affiliated
organizations may askYouto accept in relation to different
activities or Services (defined below) offered to You through the
Platform. It isYourresponsibility to review the Terms
frequently for any updates / modifications to the Terms.
By creating an account on the Platform and /or making use of the feature of the
Platform or the Services available therein,Youagree and acknowledge
that (i)YouareaService Provider; (ii)Youhave
the authority to enter into these Terms; (iii)Youhave read all the
Terms; and (iv)Youagree to be bound by all the Terms.
IfYoudo not agree to be bound by the Terms,You are advised not
to proceed to access, browse,offer,order and/or use the Services
available on the Platform. The terms and conditions contained in this Terms
shall be accepted without modification. The continued access, browsing and use
of the Platform and/or the Services would constitute acceptance of the terms and
conditions of this Terms.
YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THESE
TERMS, AND USE AND ACCESS OF THE PLATFORM AND PROVIDING/AVAILINGSERVICES
SHALL BE SUBJECT TO THE TERMS.
This document is an electronic record in terms of Information Technology Act,
2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable
rules thereunder and the provisions pertaining to electronic records in various
statutes as amended by the IT Act, 2000. This electronic record is generated by
a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for access
to or usage of the Platform.
Terms for Service Providers
These Terms are applicable to all Service Providers including architects,
engineers, contractors, dealers and any such authorised third parties enlisted
on the Platform for providing/availing Services and such other ancillary
services.Architects, engineers, contractors are referred to
as“Influencers” anddealers & retailers are referred to
as“Material Providers”andAdesign’sauthorised
stores are referred to as “Stores” in the Terms.Both Influencers
and Material Providers are collectively referred to as “Service
Providers”.These Terms are applicable toYouin addition to any
other agreements entered into betweenYouand Adesign.
1.
Eligibility
a.
The Platform and/or the Services are available only toService
Providerswho can form legally binding contracts underIndian Contract
Act, 1872 (“Contract Act”).Persons who are “incompetent to
contract” within the meaning of the Contract Act including minors, un-discharged
insolvents etc. are not eligible to use the PlatformBy using
thePlatformor theServices,You represent and warrant
that:
i.Youare at least eighteen (18) years of age andare not disqualified
from contracting by law;
ii.Youare entering into these Termsout of Your own free will and
consent;
iii.You are an Indian citizen and a legal resident of India;
iv.You will avail the Services only from within India;
v.Your use of the Platform and Services availed through it do not violate any
applicable law and regulationofIndia.
If aService Provideris below 18 years of age, it is assumed that
he/she is accessing, browsing and/or using the Platform under the supervision of
his/her parent orsuch person who islegal guardianunder the
applicable laws ofIndia(“Eligible Person”)and that
suchService Providers parent or legal guardianhasread and
agrees to the terms of this Terms on behalf of the minorService Provider.
ShouldAdesignbe made aware that aService
Providerisnot of the legal ageand is accessing, browsing
and/or using the Platform without the supervision ofEligible Person,
Adesign reserves the right to deactivate suchService Providers account
without further notice.
IfYouregister on behalf of a business entity, You represent that You
are duly authorized by the business entity to accept the Terms and You have the
authority to bind the business entity to the Termsin accordance with the
applicable laws.
2.
UserAccount, Service Provider Profile and Security
a.
To provide/avail any of the Services,Youare required to register for
an account on the Platform by providingYourmobile number or,
ifYouare a legal entity, the mobile number ofYour authorised
representative. Following registration,Youwill be prompted to
provide additional information aboutYourself andYour business. You
agree and understand thatYouwill not be able to avail/provide
Services through the Platform without providing the information requested upon
registration.
b.
IfYouregister on the Platform, or ifYouotherwise provide
information on the Platform,Youagree to (a) provide true, accurate,
correct and complete information aboutYourself andYour services as
prompted by the Platform including information reflected onYour Service
Provider Profile (as defined below), and (b) maintain and promptly
update such information to keep it true, accurate, correct and complete.
IfYouprovide any information toAdesignthat is false,
misleading, inaccurate, outdated or incomplete, orAdesignhas
reasonable grounds to suspect that such information is false, inaccurate,
misleading, outdated or incomplete,Adesignreserves theright
to suspend or terminateYour account and/orto prohibit any and
allpresentor future use/dissemination of the Services (or any
portion thereof) byYou,withoutany notice/ intimation
toYou.
c.
WhenYouregister an account on the Platform:
i.You will receive a one-time-password (OTP) on the contact number provided
byYou, for the purpose of verification;
ii.Upon sign up through OTP and providing all information prompted by the
Platform, Service Providers are required to send an approval request to
Adesign. Adesign will verify the informationprovided by the Service
Provider and notify the Service Provider once the information is verified;
iii.Upon verification of the information provided,Youwill be
provided with a Service Provider account;
iv.You are responsible for maintaining the confidentiality
ofYouraccount and are fully responsible for all activities that
occur throughYour account.You undertake not to
shareYourphone number and/or any other details required to log
intoYour account, including the OTP received onYour phone number,
with any other person for their use of the Platform.You agree
toimmediately notifyAdesignof any unauthorized use
ofYouraccount or any other breach of security and Adesign will not
be held liable for any loss and damage caused toYoudue to any
unauthorised use ofYour account.
v.You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails
fromAdesign in relation to the following:
a. Update, amendment, change in the Terms;
b. Specific Services availed through the Platform and
services provided byYouthrough the Platform;
c. Promotional messagesincluding offers,
updates on new services and promotions;
d. Payment information
vi.Adesignrecommends thatYouexit or log out fromYour
account at the end of each session if using a public
computer.Adesigncannot and will not be liable for any loss or
damage arising from misuse ofYouraccount or information therein,
because ofYour failure to comply with the requirements under this
section.
d.
Service Providershall assume all risks, liabilities, and consequences if
his/her account has been accessed illegally or without authorisation through
means such as hacking and if through such unauthorised access, any access or
payment has been made for any Services. It is specifically clarified that
payments ofmoniestowards any Services by unauthorised or illegal use
of theService Provider’s account shall entirely be borne by
theService Provider.
e.
Each Service Provider will be able to create a public profile (“Service
Provider Profile”) which lists the Services offered
byYou,Your location etc. and a virtual phone number provided by
Adesign through which other Service Providers and Users can connect
withYou.
f.
IfYouhave anysecurityrelated concerns, please contact
Support at+91 942 652 5446.
g.
We reserve the right to:
i.Make all decisions in relation to inter aliaYour registration with
Adesign;
ii.Request additional documents and additional information
fromYoufor the purpose ofYour registration as a Service
Provider with the Platform.
h.
For the purposes of registration and identifying aService Provideron
the Platform, Adesign may, from time to time, collect certain personally
identifiable information such asYourfirst name and last name, email
address, mobile phone number, postal address, other contact information,
demographic profile, etc. By registering on the Platform, it is deemed that
theService Providerhas given express and specific consent for such
collection and processing of data for the purpose of use of the Platform.
Registration on the Platform is one-time, andYouare required to
remember Your username and password and keep the same confidential. In the event
whereYouhave misplaced Your username and password details,
Youcan retrieve and change the same using the “forgot username/password”
option on the Platform.Service Providermust not disclose, transfer,
sublicense or otherwise part away with the username and password or try to
circumvent them in any manner whatsoever and Adesign shall bear no
responsibility for any loss arising out of such disclosure.
i.
You understand that onYourregistration on the Platform or onin
relation toany Service or payment for performanceordelivery of
any Service on the Platform, You may receive text messages (including through
internet-based mobile messaging) and/or emails from Adesign on Your registered
mobile number and/or email address.You shall be solely responsible to
update Your registered mobile number and/or email address on the Platform in the
event there is a changeThese messages and/or emails could relate inter
alia to Your registration, status of or update in relation to payment
information, information pertaining to Services and other activities You carry
out on the Platform and information pertaining to the promotions that are
undertaken by Adesign (or third parties in connection with the Platform) from
time to time.Further, Adesign may also sendYounotifications
and reminders with respect to the due dates in relation to the performance of
the agreed Services. While Adesign shall make every endeavour to share prompt
reminders and notifications in relation to the performance of Services with You,
Adesign shall not be held liable for any failure to send such notifications or
reminders toYou.
j.
It is expressly acknowledged by theServiceProviderthat the
Platform, as a marketplace, or Adesign has not undertaken any check or
verification of the Users, their credentials or their profiles. It is entirely
the responsibility of the Service Providers to verify all details of the Users
that they are transacting and/or interacting with, to their satisfaction.
Adesign shall not be liable in any manner for credentials, representations
acts or omissions of any User.
k.
Listing of the Service Providers on the Platform is merely an invitation to
offer. The User may choose a Service Provider from the listing and request for a
desired Service which will constitute an offer. The Platform facilitates the
User and the Service Provider to negotiate and finalise on the Service on their
own terms. The Service Providers or Users whose proposal for Services are
rejected agree that they will have no claim whatsoever against Adesign.
l.
THE SERVICE PROVIDER DISCLAIMSANY AND ALL CLAIMS,
ACTIONS,SUITSAGAINST Adesign ARISING OUT OF THE SERVICES
PROVIDED/AVAILEDOR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER,
BY EXECUTING THE TERMS, Adesign DOES NOT, NOR SHOULD IT BE CONSTRUED TO,
EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROMSERVICE
PROVIDERS. NOTHING IN THISTERMSSHALL BE CONSTRUED TO CREATE ANY DUTY
TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS
NOT A PARTY TO THISTERMS.
m. You
agree not to enter into any contractual provisions in conflict with this Terms.
Service Provider is solely responsible foroffering
Servicestothe User through the Platform in a timely manner. Service
Providercovenantsand agreesto act with good faith and fair
dealing in performance of the Services.
n.
You affirm and agree that, given the general and “as-is” nature of the Platform,
You are not specifically relying on any statements, or materials contained on
Platform to make any business decisions. You agree to conductYourown
related due diligence in relation to the Services being provided/availedby
You, as the case maybe.
o.
The Platform is a platform that User may, for their desired transactions,
utilize to independently meet and interact with Service Providers. Adesign is
not a party to the dealing, contracting andfulfillmentof any
Services between a User and a Service Provider. Adesign only acts as an
intermediary and has no control over and does not guarantee the quality, safety
or legality of any Services performed or created, advertised, the truth or
accuracy of Services listings, the qualifications, background, or abilities of
Service Provider, the ability of Service Provider to perform Services, the
ability of User to pay for Services, or that a User or Service Provider can or
will actually complete a Service.
p.
Adesign is not responsible for and will not control the manner in which a
Service Provider operates and is not involved in the hiring, firing, discipline
or working conditions of the Service Provider. All rights and obligations for
the purchase and sale of Services are solely between a User and a Service
Provider. User and Service Provider must look solely to the other for
enforcement and performance of all the rights and obligations in relation to the
Services, as may be agreed between the User and the Service Provider, and any
other terms, conditions, representations, or warranties associated with such
Services. Adesign is not and cannot be a party to any dispute arising or in
connection with the Service requested by a User and performed by a Service
Provider on the Platform in its capacity as the host of the Platform.
q.
Once the Services are completed by the Service Provider, it is the decision of
the User to accept or reject such Services.
r.
You agree and understand that Adesign is merely providing intermediary hosting
services to its Users through the Platform. All Services listed on the Platform
and the contents therein are advertised and listed by registered Service
Providers and are third party generated contents. Adesign shall bear no
responsibility or liability in relation to or arising out of such third-party
generated content. Adesign neither originates nor initiates the transmission
nor selects the sender and receiver of the transmission nor selects nor modifies
the information contained in the transmission. Adesign is merely an
intermediary and does not interfere in the transaction between User and Service
Providers.
s.
While Adesign shall make reasonable endeavours to maintain generally accepted
standards of security and shall provide the Services by using reasonable
efforts, Adesign shall not be liable for any interruption that may be caused
toYouraccess or use of the Services.
t.
Adesign does not covenant or warrant that:
i.the Services will be made available at all times;
ii.any content displayed or available on the Platform is complete, true,
accurate or non-misleading;
iii.the Services listed on the Platform are of specified standards and
quality;
iv.the skill and quality of performance of Services by Service Providers will be
to the expectation of the User; and
v.Adesign has undertaken any verification of the Users or Service Providers or
their credentials.
3.
Services providedbyService Providers
1. “Services” in the context of Service Providers
providing services on the Platform would meansuch
servicesYouoffer onYour Service Provider Profile to Users
through the Platform.The Platform connects Users with Service Providers,
subject to the Terms of Use. For this, the Platform enables, the registered
Users to place their Service requirements on the Platform, elect the Service
Provider to render the Services (as defined below) from amongst the duly
registered Service Providers, and contract directly with such Service Provider
to avail the Services.
a. As a Service Provider on the
Platform,Youwill be allowed to list services provided
byYou/Your business and stores, as the casemay be, on the Platform
as part ofYour Service Provider Profile. You will be able to provide
Servicesas requested by Usersthrough the Platform in accordance with
the Terms and users at Stores. You represent thatYouare
legallyable to provide the services listed byYouonYour
Service Provider Profile;
b. You agree to perform Services diligently and with
professional care & skill.
c. You agree to useYour best efforts to meet
the needs and requirements of Users and to promote the good reputation which
Adesign enjoys;
d. You will not list or offer services apart from those
mentioned inYour Service Provider Profile;
e. You undertake to take remedial steps as and when
a User informsYouof any lapse in the standard and/or quality of
service provided byYou;
f. If a User requestsYouto
provide services related to home building other than or in addition to the
Services agreed to be provided through the Platform,Youshall ensure
that such requests are routed through the Platform.
2.
Services offered by Material Providers only:
In addition to the above, the following is applicable only to Material
Providers:
a. Service Request Raising/Guided Journey
When an individual visits a Material Provider store, irrespective of whether such
individual is a User or not, the Material Provider is encouraged to promote the
Services offered through the Platform. Material Provider can raise an
individual’s (User/non-user) request to avail a Service available on the
Platform by feeding such individual’s information into the Platform including
particulars of their request (“Service Request”).
Alternatively,Material Providermay directly provide the Services
available on the Platform (“Guided Journey”). Material Providers may be
provided with a separate application to provide Guided Journey services.
Material Providers agree that they are bound by the terms and conditions of use
of such application.The Material Provider may be required to collect
personal information from an individual including name and contact number for
raising Service Requestsor providing Guided Journey services. Material
Providers agree that they and their employees, representatives, agents will not
retain the personal information shared by an individual and only feed such
information into the Platform. Further, Material Providers agree that they will
not share such information with any third parties other than Adesign without
obtaining express authorisation from the individual. Material Partners agree
that only genuine service requests made by individuals visiting their stores
will be raised.
b. Lead referral for Financial Services
Adesign provides lead generation and referral services platform, whereby,
Material
Provider can refer potential leads interested in availing Financial Services
through Adesign and financial partners.
Whenever an individual visits a Material Provider Store, irrespective of whether
such individual is a User or not, the Material Provider is encouraged to
recommend/promote the Financial Services offered through the Platform. Material
Provider can raise an individual’s (User/non-user) request to avail Financial
Service by entering such individual’s information into the Platform including
particulars of their request (“Service Request/Lead”). While
recommending/promoting the Financial Services offered through the Platform, the
Material Provider shall be governed by the following terms:
I.Scope of Service
i.Material Provider shall:
a. Identify a potential customer;
b. Recommend/ promote Financial Services feature to
potential customer;
c. obtain details (i.e. name and contact details)
of the Lead/s that shows interest for the Financial Services and record the same
in the following manner / update the same on the Platform for forwarding the
same to our financial partners;
d. obtain consent/permission from Lead to share and
forward its details for availing Financial Services;
e. answerthe preliminary queries raised by
customer/Lead relating to Financial Services and give proper guidance. It is
clarified that where the customer/ Lead seeks detailed assistance/guidance on
the Financial Services, then the Material Provider shall redirect such customer/
Lead to Adesignthrough Adesign;
f. seek prior written approval of Adesign
before performing any activity for promoting Financial Services;
g. furnishall the details of the Leads in
such format and at such intervals as may be communicated in advance by Adesign
from time to time. The Material Provider shall not claim any rights on the Leads
including but not limited to right to sell or process to any third party as the
same is confidential in nature;
h. haveno role in processing (i.e. rejecting or
accepting) any Lead orgrant or recovery of any amount (including any
interest or penalty thereon) to/from the Lead. Material Provider’srole
under this arrangement is only limited to collecting Service Request/ Lead and
forward the same to Adesign which shall thereafter be forwarded to financial
partners.
ii. The Material Provider agrees and acknowledges thatAdesignshall
at its sole and absolute discretion, process (reject or accept) any Lead that is
forwarded to it by the Material Provider, without assigning any reasons thereof
and such decision shall be binding on the Material Provider and shall not
entitle the Material Provider for any fee, compensation or claims of any nature
whatsoever.
iii.The Material Provider agrees and acknowledges that the arrangement between
Adesign and the Material Provideris on a non-exclusive basis and
principal toprincipalbasis.
iv.The Material Provider agrees andacknowledgesthat Adesign shall
not be considered or represented as a broker, loan facilitator or an agent of
financial partners or a financial servicesprovideror financial
intermediary under applicable laws. Arrangement of Adesign with financial
partners is only on principal to principal basis.
v.Nothing under these terms or otherwise shall entitle the Material Provider to
make any representations or warranties or commitments or obligation on behalf of
Adesign or financialpartnersor entitle Material Provider to enter
into contracts or arrangements or understanding for or on behalf of Adesign or
its financialpartnersrespect of Financial Services. Material
Provider hereby agrees that any such representation or contract or arrangement
shall not be binding on Adesignor financialpartners
and shall amount to material breach of these Terms and lead to
termination.
II.Obligations of Material Provider:
i.The MaterialProvidershall perform the following
obligations:
a.
represent to the customer/ Lead that it is collecting details of the Lead on
behalf of Adesign who shall thereafter forward the same to financial
partners;
b.
clearly explain to customer/ Lead, the scope/process/purpose of lead collection
including the process of forwarding the details of Lead to Adesign who shall
forward the same to financialpartners;
c.
provide true, complete and accurate details of Leads on the Platform without any
concealment;
d.
clearly communicate to the customer/ Lead that for availing Financial Services
through Platform, customer/Lead has to expressly agree with the consent
andPrivacy Policyand User Termsof Adesign which
willbecommunicated/shared to/with Lead by Adesign as required
under applicable law;
e.
clearly communicate to the customer/ Lead that for availing Financial Services,
the information provided by the Lead shall be shared with Adesign and
financial partners and that the Lead agrees to authorise Material Provider and
Adesign to share such information with financial partners for purpose of
availing Financial Services;
f.
clearly communicate to customer/ Lead that providing financial assistance shall
be at the sole discretion of financial partners and that Material Provider and
Adesign acts only as a medium to connect Lead with financial partners and
shall not be held liable and/or responsible for any delay, rejection or approval
of any application by the financial partners made through the Platform;
g.
follow the guidelines and process (if any) as amended /issued from time to time
by Adesign regarding implementation of these Terms;
h.
forward only those Leads to Adesign through the Platform for which the consent
has beenobtained in the manner as prescribedunder applicable
law;
i.
adhereto the Code of Conduct of Adesign (as provided under). Failure of
Material Provider to adhere to Code of Conduct shall be deemed to be a material
breach of thisTermsand Adesign shall have the right to terminate
the Terms with the Material Provider;
j.
prevent unauthorised or unlawful processing of any information received from
Leads;
k.
ensurethat Material Provider’s conduct under thisTermsdoes not
result in any loss, monetary and otherwise, to Adesign.
ii. The Material Provider shall not carry out the following activities:
a.
at any time publish or advertise either in the newspapers, magazines,
booklets,brochuers,pamphlets, media (including social media) or in
any other form by using the name of Adesign or its trade mark or logo or label
or brand without prior written consent of Adesign;
b.
in any manner whatsoever claim or represent itself to be the
employee/partner/agent of Adesign and that the relationship between Adesign
and the Material Provider under thisTermsshall be strictly on a
principal to principal basis;
c.
call/messagethe Lead for making any offer,representations,or
promotions in respect of Financial Services or even otherwise. The Material
Provider agrees and acknowledges that its role is only limited to collect and
forward the Leads to Adesign and thereafter only Adesign or financial
partners shall have right to contact the Lead for the purpose of offering
Financial Services;
d.
mislead the customer/ Lead on any service / product offered;
e.
make any statement / representation / warranty / promise or assurance to
customer/ Leads on behalf of the Adesign beyond what is contained in the
brochures or catalogues or standard operating procedure as issued by Adesign
and/or what is allowed/permitted as per the terms herein;
f.
charge or accept any payment/consideration/fees/charges (directly or indirectly
or in any form) from any Lead/ potential lead in the name of Material Provider,
its employees, associates or Adesign relating to Financial Services;
g.
retain/misusethe information shared by customer/ Lead and it shall only
feed such information directly on the Platform. Further, Material Providers
shall not share such information with any third parties other than
Adesign;
h.
raise any lead request that is not genuine;
i.
contact the Lead or utilise Lead information shared with Adesign to sell any
other product or service other than the purpose as mentioned under these
Terms;
j.
commit or warrant customer/ Lead anything on behalf of Adesign, in particular
any commitment that Financial Services will be offered;
k.
do any act/deed or carry out unlawful or illegal activities;
l.
donot do anything that would tarnish or affect the reputation or brand
name of Adesign or cause libel or defamation to Adesign, or any of its
directors, officers, agents or employees.
iii.In the event, Material Provider doesanyof
theprohibitedactivities as statedhereinbelow, Adesign shall
not be bound by the same and shall be entitled to terminate this
agreement.
III.Obligationsof Adesign
Adesign shall:
a.
provide Financial Service product information to the Material Provider as may be
relevant, from time to time and which is considered appropriate by
Adesign;
b.
pay the Sourcing Fees upondisbursement of the Financial Service as per the
terms agreedhereinbetween Adesign and individual Material
Provider;
c. in its sole discretion, reserves the right to refer/process/ reject and is not
bound to process all the Leads to itsfinancialpartners without
assigning any reasons;
d.
informMaterialProvider about the progress of the application towards
disbursement/issuance of Financial Service at its discretion.
IV.Representations & Warranties of Material Provider:
The Material Providerrepresents and warrants that:
a. it shallmaintain high professional standards in
relation to its duties and obligations under thisTerms;
b. it shall ensure reasonable standards of care and skill
in performing its obligations under thisTerms;
c. it’s role under this arrangement is onlyof
a facilitator i.e. to collect and forward Leads;
d. the services referred to herein is exclusively for the
benefit of customers/Leads ofthe Platform;
e. allobligations and duties as stated
hereunder are binding on Material Provider.
f. Adesign shall not be held
responsible/liable for any misrepresentation or wrong or incorrect information
provided by the Material Provider or for any loss that Adesign may suffer in
the event Material Provider breaches any of the obligations as stated
underthe Terms Section
g. itshall be responsible for all acts or
omissions of its personnel.
V.Consideration
a. It is hereby agreed that
togenerateand provide Service Request/Lead for Financial Services,
Material Provider shall receive sourcing fee (“Sourcing Fees”) as per the
terms mentioned under Material Provider Dashboard.
b. Apart from the Sourcing Fees as stated above and
agreed between the Parties hereto, no other payment shall be made by Adesign
orfinancial partnersunder thisTerms.
c. In the event, Material Provider breaches any of
terms and conditions under this Section then Adesign shall have the right to
set off, hold, deduct and recover from theSourcing Fees orany other
amount payable to the Material Provider.
4.
Services available to Service Providers
Through the Platform, Adesign provides various tools to Service Providers to
enable them to cater to the needs of home builders. The Platform
providesYouwith access to a rich collection of resources including
curated content relating to the home building eco-system, a marketplace for
Service Providers to connect with one another and with Users and many related
services (collectively the "Service" or "Services"). All the
Services are available on the Platform as well as the Stores.
WhenYouavail a Service through the Platform,Youconsent
to be contacted by our authorised representatives and/or Service Providers in
relation to the Service including by our customer support representatives.
I.Services available to Influencers (i.e. architects, engineers,
contractors)
a.
Service Providers
i.Adesign connectsYouto a wide range of other Service Providers
who are enlisted on the Platform to perform home building related
services.
i.Each Service Provider has a profile page on the Platform (“Service Provider
Profile”).Given the general and “as-is” nature of the
Platform,it is expresslyagreed andacknowledged by the
Usersand the Service Providers that the Platform, as a marketplace, has
not undertaken any check or verification of the Service Providers or the Users,
their credentials or their profilesand that theyare not specifically
relying on any statements, or materials contained on Platform to make any
business decisions. It is entirely the responsibility of the Users
toconducttheirown due diligence in relation to the Services
being procured bythem andverify all details of the Service Providers
that they are transacting and/or interacting with, to their
satisfaction.Users must however understand that any background check
undertaken by Adesign is not exhaustive and conclusive. Adesign is not
responsible for any representations, warranties, guarantee, misrepresentation
made by the Service Providers as to the accuracy, suitability, timeliness, or
quality of their services or information shared by Service Providers on their
respective Service Provider Profile. Usersconduct necessary checks to
verify if the Service Provider is suitable forthem or notand the
services/goods offered by such Service
ProvidersmeetUser’srequirementsor not.
ii.Listing of the Service Providers on the Platform is merely an invitation to
offer. The User may choose a Service Provider from the listing and request for a
desired Service which will constitute an offer. The Platform facilitates the
User and the Service Provider to negotiate and finalise on the Service on their
own terms. The Service Providers or Users whose proposal for Services are
rejected agree that they will have no claim whatsoever against Adesign.
b.
FindService Providersand Materials
i.When in need of home building material or related services, Service Providers
can conduct a search for material and/or other Service Providers. You can
contact the Service Provider ofYour choice or request a call back from
such Service Provider based onYourown assessment of the services
listed on the Service Provider’s Profile.
ii.IfYourequest a call back,Youconsent to being
contacted by phone/message/email by us and/or such Service Provider or their
agent, authorised representative or employee. Adesign does not
discloseYourphone number to other Service Providers. All calls are
made throughAdesign’svirtual phone number feature. However,
ifYouonYour own shareYour any information with any
person / Service Provider directly thenAdesign shall not be liable
and/or responsible for the same for whatsoever reason.
iii.Adesign does not make any representation as to the suitability and
reliability of the search results toYourspecific needs and is not
responsible for the quality/reliability of the services offered by any Service
Provider.
c.
Financial Services
i.Adesign provides a lead generation platform for Service Providers interested
in availing Financial Services to support their business or for other
purposesfrom lending and financial services entities that are registered
and regulated by the Reserve Bank of India
(“FinancialServices”).
ii.IfYouchoose to avail the Financial Services feature, the
information provided byYouto avail the Service will be shared with
our financial partners, to assistYouto avail the best of offers and
services. You authorise us to share such information with our financial
partners. You agree to be bound by the terms and conditions and privacy policy
of our financial partners and authorise our financial partners to deal
withYourinformation in accordance with such terms and conditions and
privacy policy.
iii.You agree and acknowledge that providing financial assistance shall be at
the sole discretion of our financial partners.Adesignshall not be
held liable for any delay, rejection or approval of any application made through
the Platformas we only forwardYourrequest to our financial
partners.
iv.Adesign shall not, directly or indirectly, be responsible for any
obligations relating to the Financial Services.
d.
Design Services
i.Adesign offers certain design related services toYouthrough the
Platform including providing a collection ofpre-built 2D and 3D designs,
provisions for conversion of plans to 2D and 3D designs, virtual reality
services and the like (“Design Services”). Adesign makes no
representation in relation to the utility, suitability, practicability of the
designs provided through its Design Services. The designs/drawings provided
through the Design Services are merely concept designs/drawings and are not good
for construction designs/drawings. You are advised to seek professional advice
when using/relying upon designs/drawings shared through the Design Services.
Adesign makes no representation that the designs suggested/provided through
the Design Services conform with the local laws applicable in the location
whereYouintend to use the designs/drawings. You are responsible to
ensure that the designs/drawings conform to the local, state and national laws.
Further,Youmay be required to obtain approvals and permissions from
the relevant authorities and conduct feasibility checks, assessments, etc.
before building a house or providing house building services in a particular
locality. You should seek independent professional advice in relation to these
aspects of home building. You are responsible to obtain approval from local
authorities with respect to the various aspects of construction and building.
Any discrepancies in the designs/drawings provided by Adesign must be brought
to the notice of Adesignas per theCancellations and Refunds
Policy ofYour receipt of the designs/drawings.
ii.You can avail certain Design Services, more specifically the virtual-reality
feature of the Design Services through whichYoucan view house
designs onAdesign’svirtual reality system atYour residence.
You agree to act responsibly and lawfully when availing the virtual reality
services at residence. You warrant thatYouare the owner of, or a
tenant in, or have a right to use, access and allow access to, the address
provided for availing the Service. As responsiblemembers ofthe
Adesign family,Youagree to handle all property used
byAdesign’srepresentatives to provide the virtual reality Services
carefully and prudently. You agree thatYouwill not cause nuisance,
annoyance, inconvenience, or damage property when an Adesign representative
visitsYour residence. The right to take any action againstYou, in
case of any nuisance, annoyance, inconvenience, or damage caused
byYouis expressly reserved by Adesign. Further, we also reserve
the right to suspend/ terminateYouraccount with us in such case
without any notice / intimation toYou.
e.
Budgeting
i.For making quick budgeting decisions,Youcan use the Budgeting
feature on the Platform and authorised stores of Adesign. Based on the
specifications and details providedYou, Adesign will
provideYouwith an approximate budget instantly with standard break
up of materials. You agree that the approximate budget provided is based purely
on the algorithms adopted by Adesign and are merely suggestive of the actual
budget, time and costs involved in building a home. You agree that Adesign
takes no responsibility for the accuracy of the suggestions made. Adesign
disclaims all liability (including escalation) in relation to the suggestions
provided.
f.
Estimation Services
i.Apart from the Budgeting Service listed above, Adesign also provides
detailed Estimation Services forYouto understand the costs and time
associated with house building in detail. OnceYoumake a request,
Adesign will provide detailed costs, quantity of material required and time
estimation.
Service Provider agrees that the estimations provided are merely suggestive of
the actual budget, time and costs involved in building a home. Service Providers
agree that Adesign takes no responsibility for the accuracy of the suggestions
made. Adesign disclaims all liability in relation to the suggestions
provided.
g.
Consultancy Services
i.You may connect with representatives appointed by Adesign
(“Executives”) for seeking assistance on various aspects of home
building. You agree that any information provided on the Platform by the
Executives are only suggestions and such information does not constitute the
rendering of legal, accounting, tax, career or other professional advice or
services. Information provided by the Executives and otherwise on the Platform
should not be relied upon or used as a substitute for consultation with
professional advisors.It is hereby agreed acknowledged by theService
Providersthat Adesign, directly or indirectly, (under law, contract,
tort or equity) hasno liability or responsibility in relation to the
consulting services offered by thePlatform.
h.
Community
i.Adesign may offer a chat feature/ chat functionality/ a community forum
page/ space on the Platform to enable communication betweenYou, other
Service Providers and with Users on the Platform.Adesign’srole is
limited to providing the Platform and the Services. With respect to User Content
(as defined below),Adesign’srole is that of an
‘intermediary’ as defined under the Information Technology Act, 2000 and the
rules thereunder. Being an intermediary, Adesign has no responsibility and /
or liability in respect of any User Content (as defined below) on the
Platform.
ii.You agree that all User Content created/shared/submitted byYouon
the Platform is on a non-proprietary and non-confidential basis.
iii.Adesign does not pre-screen User Content or communications
betweenYouand other Service Providers or with Users (“User
Content”). Adesign has no obligation to monitor any User Content.
However, Adesign at its discretion and in accordance with applicable law may
monitor any User Content and may remove any User Content from the Platform if
Adesign determines in its sole discretion that such User Content is in
violation of the Terms or any applicable law. Adesign may remove any
communications from the Platform if Adesign determines in its sole discretion
that such communications are in violation of the Terms or any applicable law.
Where Adesign removes any User Content from the Platform, Adesign will make
reasonable efforts to inform the Service Provider who had posted such User
Content about such removal. Such actions do not in any manner negate or
diluteAdesign’sposition as an intermediary or impose any liability
on Adesign with respect to User Content.
iv.Adesign will consider all communications, requests and suggestions sent
byYouand other members of the public regarding take
down/disabling/removal/deletion any User Content provided that such
communications are sent in a bona fide manner in good faith in the interest of
the Platform and public good. However, Adesign is not under any obligation to
act on any such communications, requests and suggestions or respond to any
one.Adesign’sdecision in this respect shall be final.
Specifically, if any such request relates to a request / demand to take down/
disable/ remove/ delete any User Content, Platform content, or communications,
Adesign is under no legal obligation to respond to or act on such requests.
Adesign will take such action as Adesign is required to take under
applicable law. If there is any valid court order or administrative order issued
requiring Adesign to take any action, then Adesign shall comply with such
court order or administrative order.
i.
My Teams
i.Adesign may offer private chat feature/ chat functionality space (“My
Teams”) on the Platform to enable communication, messaging
betweenYouor/and Users and/orotherService
Providers on the Platform where Users and Service Providers can share/exchanges
messages,videos, images etc.Adesign’srole is limited only to
providing private chat feature on the Platformhowever, if a User tags
Adesign in the private chat for any assistance/queries then Adesign shall
respond to the Service Provider. Adesigndoes not have any control,
responsibility or liability in respect of any communication being exchanged on
My Teams.
ii.Through My Teams, aService Providercan invite any other
registered User and/or Service Provider for joining My Teams.
iii.Through My Teams,Service Providermust not promote products,
services, schemes or offers usingdeceptiveor misleading business
practices, including those intended to scam people out of money or personal
information.
iv.Through My Teams,Service Providermust not facilitate or promote
online gambling, online real money,gamesof skill or online
lotteries.
v.Through My Teams,Service Providermust not incentivise other
Usersor Service Providersto misuse the MyTeams feature or
functionality or the Platform.
vi.Through My Teams,Service Providersmust not undertake, display,
promote or advertise any illegal content or activities, including hate speech,
offensive, inappropriate, obscene, unlawful and other objectionable
content.
j.
Permissions
i.Through the Platform, Adesign assistsYouwith all aspects of home
building. You can obtain information on the legal landscape in a particular
region/locality including information on the relevant administrative offices,
approvals for checklists and process documents. Any information contained on the
Platform or this Service should not be construed as legal advice and is not
intended to be a substitute for legal counsel on any subject matter. You
understand thatYoushould not act or refrain from acting on the basis
of any information included in, or accessible through, the Service without
verification and seeking the appropriate legal or other professional advice on
the particular facts and circumstances at issue from a legal practitioner in the
appropriate jurisdiction. You will share any information provided through this
Service with third parties atYourown risk. Adesign is not
responsible for any consequences, damages, loss caused to such third
parties.
ii.While Adesignendeavorsto provide accurate and complete
information, Adesign does not warrant that the information is complete or
accurate. Further,Youunderstand that the information provided is
subject to change based on events not within the control of Adesign including
a change in the regulatory landscape and amendments/modifications in the law, in
such case Adesignendeavorsto update the information as soon as
possible. Adesign disclaims all liability to any person for any loss caused by
errors, omissions, incomplete nature of the collection of information provided
as part of this Service.
k.
My Customers
i.You have access to database of all the Users catered to through the Platform
and of individuals whose informationYoufeed into the Platform
(“User Dashboard”). Through the User Dashboard,Youcan access
information including name and contact number.
ii.You agree to act with information disclosed on the User Dashboard in a
prudent manner. You further agree that they will not disclose such information
to third parties without obtaining express consent from the relevant
User.
II.Services available to Material Providers
a.
My Customers
i.Material Providers have access to database of all the Users catered to at the
Material provider stores through the User Dashboard. Through the User Dashboard,
Material Provider can access information including name and contact
number.
ii.Material Providers agree to act with information disclosed on the User
Dashboard in a prudent manner. Material Providers further agree that they will
not disclose such information to third parties without obtaining express consent
from the relevant User.
b.
Community
i.Adesign may offer a chat feature/ chat functionality/ a community forum
page/ space on the Platform to enable communication betweenYou, other
Service Providers and with Users on the Platform.Adesign’srole is
limited to providing the Platform and the Services. With respect to User Content
(as defined below),Adesign’srole is that of an
‘intermediary’ as defined under the Information Technology Act, 2000 and the
rules thereunder. Being an intermediary, Adesign has no responsibility and /
or liability in respect of any User Content (as defined below) on the
Platform.
ii.You agree that all User Content created/shared/submitted byYouon
the Platform is on a non-proprietary and non-confidential basis.
iii.Adesign does not pre-screen User Content or communications
betweenYouand other Service Providers or with Users (“User
Content”). Adesign has no obligation to monitor any User Content.
However, Adesign at its discretion and in accordance with applicable law may
monitor any User Content and may remove any User Content from the Platform if
Adesign determines in its sole discretion that such User Content is in
violation of the Terms or any applicable law. Adesign may remove any
communications from the Platform if Adesign determines in its sole discretion
that such communications are in violation of the Terms or any applicable law.
Where Adesign removes any User Content from the Platform, Adesign will make
reasonable efforts to inform the Service Provider who had posted such User
Content about such removal. Such actions do not in any manner negate or
diluteAdesign’sposition as an intermediary or impose any liability
on Adesign with respect to User Content.
iv.Adesign will consider all communications, requests and suggestions sent
byYouand othermembers of the public regarding take
down/disabling/removal/deletion any User Content provided that such
communications are sent in a bona fide manner in good faith in the interest of
the Platform and public good. However, Adesign is not under any obligation to
act on any such communications, requests and suggestions or respond to any
one.Adesign’sdecision in this respect shall be final.
Specifically, if any such request relates to a request / demand to take down/
disable/ remove/ delete any User Content, Platform content, or communications,
Adesign is under no legal obligation to respond to or act on such requests.
Adesign will take such action as Adesign is required to take under
applicable law. If there is any valid court order or administrative order issued
requiring Adesign to take any action, then Adesign shall comply with such
court order or administrative order.
The list of Services listed above is not comprehensive but merely indicative in
nature. As the Platform deepens its reach, Adesign may provide additional
services from time to time, as may be relevant to the home building
purpose.
5.
Advertisements
Adesign reserves the right to place advertisements and publicity materials of
its choice, including that pertaining to third parties for commercial use on the
Platform.
6.
Fees
a.
Adesign may charge fees fromYou("Fees") in consideration
for the use of the Platform and Services.
b.
Any applicable Fees (including any applicable taxes) will be displayed
toYouprior toYour use of the relevant paid Service. We reserve
the right to vary the Fees at any time, and will provideService
Provideradequate notice of any fee changes before they become effective.
Such fee changes will not affect any transactions betweenYouand
Adesign made prior to the effective date of the fee change.
c.
You are responsible for paying any Fees
thatisduetoAdesignassociated with the use
of the Platform and/or Services including all taxes, charges etc. as applicable
and levied. You agree to provide true and accurate information when making
payments. All payment of Feesisin Indian rupees. The
applicable Fees (including any applicable taxes) are collected through commonly
used banking channels.You may use any of the payment method available on
the Platform.Adesign may enter into agreements with third party
payment gateway aggregators and financial institutions authorized for
collection, refund and remittance and to facilitate payment of Feesto
Adesign.
d.
All cancellations and refunds of any Serviceavailedby
aServiceProvidershall be undertaken in accordance with the
Cancellation and Refund Policy (insert hyperlink here).
e.
Adesign shall not be responsible if a payment made by aService
Provideris not registered or is lost due to any network problems such as
breakdown of machinery, unclear/ disruption in the network ornon-receipt
of payment from banks/payment gateways and/or the cost(s) charged by the network
operator(s)or for loss or misuse of any information such asYour
account details, passwords etc. by third party payment gateway aggregators and
financial institutions. Any dispute in connection to the same shall be settled
betweenYouand the network operator.
f.
The contact details of the payment services provider can be viewed at
g.
For services offered by Service Providers to User, all fees charged by Service
Providers shall be as mutually agreed between the User and the Service Provider.
Adesign shall not, directly, or indirectly, have any liability or
responsibility for commercial terms agreed between the User and the Service
Provider including the fees to be paid to the Service Provider.
7.
Reward Points
Adesign may award reward points toYoufor referring individuals to
the Platform and for providing servicesto Users through the Platform. The
termsand conditionsfor reward points shall be updated on the
Platform as and when applicableand from time to time.
8.
Service ProviderConduct
a.
All activities onYouraccount or an account managed inYour name
areYour responsibility. As a responsible member of the Adesign
family,Youshould not use the Platform:
i.for any purpose that is unlawful, illegal or forbidden by law;
ii.to send communications containing unsolicited / unauthorized advertisements,
promotions or marketing material;
iii.that may result in harm to the reputation of or disparage Adesign, the
Platform and/or the Services provided in any manner;
iv.inany manner other than as agreed in the Terms.
You warrant toAdesignthatYouwill comply with all
applicable laws, statutes, ordinances, regulations and treaties regarding the
use ofthe Platform, theServices and any other related
activities.
c.
You agree thatYouwill only contact other Service Provider/ User only
through the Platform at all times whenYouavail Services and/or while
providing services requested by a Service Provider/User through the
Platform.
d.
You are responsible for all theService ProviderContent (including
messages, images, updates and files) thatYoupost on the Platform
(including with respect to its appropriateness, legitimacy and ownership). You
must ensure that theService ProviderContent posted and the Feedback
provided to Adesign is inconformity with the Terms and applicable
laws.WhenYouuse the Platform and/or contact Adesign for any
purpose including to provide Feedback,Youspecifically undertake not
to host, display, upload, modify, publish, transmit, update or share
anyService ProviderContent, through the Platform and otherwise,
that:
i.belongs to another person and to whichYouhave no right;
ii.is grossly harmful, harassing, blasphemous, defamatory, discriminatory,
obscene, pornographic, paedophilic, libellous, invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatsoever;
iii.harms minors in anyway;
iv.infringes any patent, trademark, copyright, or other proprietary
rights;
v.violates any applicable laws;
vi.deceives or misleads the addressee about the origin of such messages or
communicates any information that is grossly offensive or menacing in
nature;
vii.impersonates another person;
viii.contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
resource;
ix.threatensthe unity, integrity, defence, security, or sovereignty of
India, friendly relations with foreign states, 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.
e.
True and accurate information
i.You will provide true and accurate information
aboutYourservices/products and will not make any statements or act
in a manner resulting in misrepresentation or offer for sale
inauthentic/counterfeit products to Users.All the details ofYour
Services shared with Users are current, up-to-date and accurate.
ii.You will not useYour Service Provider Profile to promote services not
offered on or through the Platform. You will not use misleading titles that do
not accurately describeYourservices andYouwill not
include brand names or other inappropriate keywords inYour Service
Provider Profile.
f.
Compliance with applicable laws.
i.You are complying with all the regulatory requirements, all applicable laws in
regard to the Services / products thatYouoffer on or through the
Platform.
g.
Communication with Users.
i.You will not contact Users and other Service Providers for any purposes other
than those specified in these Terms and as required to provide services through
this Platform.
h.
No use of Automated Processes.
i.You cannot use any automated processes, including IRC Bots, Robots, Spiders,
Scrappers, EXE's, CGI or any other programs/scripts to view and collect
information or content on or communicate/contact/respond/interact with the
Platform and/or its Users unless specifically permitted by Adesign.
i.
Promotions
i.You will not promote raffles, prizes, bonuses, discounts throughYour
Service Provider Profile or otherwise through the Platform unless authorised in
writing by Adesign;
ii.You will not post any third party endorsements or any promotional material in
connection with that third-party companies.
iii.You will not post any content that does not relateYourservices
and the Services provided through the Platform.
9.
Intellectual Property
a.
Rights of Adesign
i.You acknowledge and agree that all the rights, title and interests in the
Platform, and/or the Services includingAdesign’scompilation of
regulatory information, and all the intellectual property rights therein or
related thereto are solely and absolutely owned by Adesign or its licensor.
All such rights, title and interests shall continue to vest with Adesign or
its licensor during and after the term ofthe Terms.
ii.All intellectual propertyincluding in relation to the domain
namewww.adesignvastuhome.com,any trademarks, logos, images and other
content available on the Platform belongs exclusively toAdesign/ its
Service Providers/ or its licensors. ThroughYour use of the
Platform, by no means is anyproprietaryright in any intellectual
property impliedly or expressly granted
byAdesigntoYou.Adesign reserves all rights not
expressly granted to the Service Provider under these Terms.Youmay
not copy, imitate or use, in whole or in part, without the prior written
permission of Adesign or wherever applicable, the owner of the intellectual
property any trademarks, domain name, logos, images and other content available
on the Platform;
iii.You hereby grant Adesign a perpetual, non-revocable, worldwide,
royalty-free license to use, copy, distribute, display, reproduce, modify,
adapt, the Service Provider Content posted/published byYouon the
Platform and further waive any rights thatYoumay have under Section
30A of the Copyright Act, 1957 (or any similar provision under any applicable
law) as well moral rights.
b.
Your Rights
i.Adesign grants Service Providers a limited, royalty-free right to use the
Platform only for commercial purposes only in limited circumstances and in
accordance with the Terms.
ii.Unless explicitly stated or otherwise authorised by
Adesign,Youagree not to reproduce, modify, sell, distribute,
mirror, frame, republish, download, transmit, or create derivative works of the
domain namewww.adesignvastuhome.com,and the content on the Platform,
in whole or in part, by any means. You must not remove or modify any copyright
or trademark notice, or other notice of ownership.
10. Confidential
Information
a.
“Confidential Information” shall mean all data, information and materials
including, without limitation, computer software/program, documents,
information, advice, manuals, databases, protocols, API, web tools, applications
and interfaces and specifications provided by Adesign, directly or indirectly,
toYou, under this Terms, whether written, oral or transmitted through the
Platform or otherwise, and whether specifically marked as confidential or not
and also includes Lead information collected/obtained
byYou.
b.
During the course ofYourinteractions with us,Youmay come
into possession of our proprietary and Confidential Information. You shall, at
all times, keep the Confidential Information confidential and use all reasonable
efforts, including implementing reasonable physical security measures and
operating procedures, to preserve the secrecy and confidentiality of such
Confidential Information. You shall not, at any time, without our prior written
approval from Adesign, make any disclosures whatsoever of any Confidential
Information to others. IfYouare not an individual,Youmay
disclose the Confidential Information toYour officers and employees
(“Personnel”) only on “need to know basis” providedYouadvise
such Personnel of the confidential nature of the Confidential Information and
inform them not to disclose the same further. You shall, at all times, be
responsible for the acts ofYour Personnel. You shall not modify or
remove any confidentiality marking and/or copyright notices appearing on any
Confidential Information.
11. Third Party
Sites / Content
a.
The Platform may provide links or directYouto various third party
websites, including those ofotherService Providers.
IfYouuse any of these links,Youmay be directed /
redirected to such external websites.
b.
IfYoudecide to visit any such external link,Youagree to
do so atYour own risk, responsibility and
liability.Adesigndoes not endorse any website linked to the
Platform or the information appearing therein or any of the products or services
described therein. You agree thatAdesignis in no way responsible
for the accuracy, timeliness or completeness of information that it may obtain
from these third parties and which may be posted / published on the Platform and
as may be amended from time to time. You areadvised useYourown
judgment when engaging with third parties or relying on third party information
available on the Platform.
c.
Any display of third party goods / Services offered through the Platform does
not in any way imply, suggest, or constitute any reputation, sponsorship,
endorsement or approval ofAdesignby any such third parties.
d.
Use of such third-party links shall be governed by a separate agreement
betweenYouand such third party.Adesignwill have no
liability with respect to the acts, omissions, errors, representations,
warranties, breaches or negligence of any such third parties or for any refunds,
exchanges, personal injuries, death, property damage, or other damages or
expenses resulting from interactions of the Service Provider with such third
parties or from availing any goods / services from such third parties.
12. Account
Suspension and Deactivation
a.
Suspensions or termination of accounts by Adesign
There may be circumstances whereinAdesign,at its sole
discretion,will be required to suspendor terminatea Service
Provider account, which will preventYoufrom utilising
certain/all/any features available on the Platform. Suspensionor
terminationmay occur in the eventAdesignhas any reason to
believe that:
i.Your account may be used for fraud or attempt to defraud;
ii.Your account may be used for money laundering;
iii.Youare involved in collusion, rigging or cheating of any kind and are
using the account for this purpose;
iv.You are violating any applicable laws;
v.Youdo not meet the eligibility criteria to access the platform;
vi.Youare trying to access Platform from any other territory from where
Adesign does not accept users;
vii.Youmisrepresent orprovide wrong or misleading information or
commits any act leading Adesign to believe thatYouhave either
flouted the standards of integrity or have failed to meet its commitment;
viii.Youprovide wrong or misleading information or commits any act leading
Adesign to believe thatYouhave either flouted the standards of
integrity;
ix.Youare violating these Terms in any manner;or
x.Adesign is unable toverify or authenticate any
informationYousubmit.
b.
Adesign may, at its sole discretion, partially or fully discontinue any or all
Services or discontinue the operation of the Platform at any time, with two (2)
months’ prior written notice, without any liability.Adesign will publish
a general notice to that effect on the Platform, which shall be applicable to
all the Service Provider. All the claims and liabilities arising before the date
of discontinuation shall be valid and enforceable post
discontinuation.
c.
The Service Providermay terminate the Terms at any time,provided
that the Service Providerdiscontinues any further use of the Platform or
Services.
d.
It is specifically clarified that any termination of the Terms bya User
shall not cancel the Service Provider’s obligation to pay for any Services
availed or initiated on the Platform, or any other obligation which has accrued,
or is unfulfilled and relates to the period, prior to termination.
e.
Any provision of the Terms which imposes an obligation or creates a right that
by its nature will be valid after termination or expiration of the Terms shall
survive the termination or expiration of the Terms.
f.
Without limitingAdesign’sother remedies, Adesign may issue a
warning, or temporarily suspend, indefinitely suspend or terminate Your account
or an agreed Service, and refuse to provide any or all Services to You if: (a)
You breach the letter or spirit of any terms and conditions of the Terms; (b)
Adesign is unable to verify or authenticate any information You provide to us;
or (c) Adesign believes in its sole discretion that Your actions may cause
legal liability for You, its Users, including Service Provider or for Adesign
or are contrary to the interests of the Platform. Once indefinitely suspended or
terminated,Youmust not continue to use the Platform under the same
Account, a different Account, or register under a new Account.
g.
WhenYouraccount is terminated for any reason, You will no longer
have access to data, messages, files and other material You keep on the
Platform. The material may be deleted along with allYourprevious
posts and proposals.
h.
In case of events falling under (i) to (iv), Adesign may also be required to
supply relevant Service Provider details and data to the applicable authority,
regulator, court or other third parties including to comply with applicable laws
or court orders/judgments. If investigations are ongoing and unresolved issues
remain, then Adesign will continue to suspend the Service Provider account.
Adesign also reserves the right to initiate appropriate civil or criminal
action againstYouin the event of violation of these Terms or
applicable laws. Adesign will cooperate in all investigative procedures or
requests for access / information initiated by any such government or law
enforcement authorities.
i.
Adesign reserves the right to delist a Service Provider in the event it
receives repeated complaints and/or negative reviews about a Service Provider
and/or in relation to their Services.
j.
In addition to the above, Adesign reserves the right to suspendYour
Service Provider accountwithout
assigninganyreasonwhatsoever.
k.
Upon suspension ofYour Service Provider account, regardless of the
reason(s), all licenses granted toYouhereunder will immediately
cease andYour right to use the services reserved for registered Service
Providers on the Platform immediately ceases. Adesign shall not be liable
toYouor any third party for any claims or damages arising out of any
suspension ofYour Service Provider account or any other actions taken in
connection with such account suspension.
l.
Deactivation of Service Provider account byYou
You may also deactivateYour Service Provider account by writing
toAdesignatadesignexecutors@hotmail.comm. ShouldYouwish to
resume using the Platform,Youwill be required to reactivate the
existing account at any time by writing to Adesign atadesignexecutors@hotmail.comor
raising a request to our Call Centre at+91 942 652 5446
Upon deactivation, all licenses granted toYouhereunder will
immediately cease andYour right to use the Services on the Platform
immediately ceases. Adesign shall not be liable toYouor any third
party for any claims or damages arising out of any deactivation ofYour
Service Provider account or any other actions taken in connection with such
account deactivation.Service Providers must note that deactivation of
account does not result in automatic termination of the agreement between such
Service Provider and Adesign and/or between any User and Service Provider., as
the case may be.
13.
Feedback
a.
Your feedback is important to us. Service Providers can provide feedback,
suggestions, and ideas about our Services ("Feedback"). When
providing Feedback,Youagree to adhere to the terms mentioned in
Section 8 above. Service Providers agree that Adesign may, in its sole
discretion, use the FeedbackYouprovide to Adesign in any way,
including to make future enhancements and modifications to the Services. You
hereby irrevocably, absolutely and perpetually assign to Adesign and its
assigns rights, title and interests in the Feedback in lieu of the Services
provided in the worldwide territory. You waive any rights thatYoumay
have in such Feedback, including under the provisions of Section 19(4) of the
Copyright Act, 1957 of India or any other similar provision under any law or any
jurisdiction. To the extent any assignment of the Feedback and the rights
therein cannot be made to Adesign,Yougrant to Adesign and its
assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable,
royalty free license to use, reproduce, modify, create derivative works from,
distribute, and display the Feedback in any manner for any purpose, in any mode
or media of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation toYouor any third
party. You waive any reversionary rightsYoumay have under Section 30
A of the Copyright Act, 1957 or any other similar provision under any law in
relation to the intellectual property rights in the Feedback so licensed.
14. Liability
Disclaimer
a.
Wedo not make anyrepresentations and warranties relating to the
Platform including content therein, and the Serviceslistedon the
Platform.Adesigndisclaims any representation and warranties for
the security, reliability, quality, timeliness, and performance of (i) the
Platform, content on the Platform and Services offered on the Platform; (ii)
third party products or services advertised on or received through the Platform
or any links or other sources provided on the Platform; (iii) any information,
content or advice received through the sites or links provided on the
Platform.Adesignmakes no warranty or representation that any
errors in the Platform will be corrected.
b.
You agree that use of the Platform and the Services on the Platform is
atYoursole discretion.Adesignis not responsible for
any consequences arising outYouruse of the Platform.
c.
The Platform is provided on a “AS IS” and “AS AVAILABLE”and "with all
faults" basis with no representations or warranties
whatsoever.Adesignis notliable for any network, technical or
other operational difficulties or problems which may result in loss
ofYourdata, monetary loss, personalization settings or other
interruptions in the features offered on the Platform.
NeitherAdesignnor any third party is liable for the deletion,
loss,mis-delivery, timeliness or failure to store or transmit any features
or other aspects of the Platform or Services, content on the Platform
orYour personalization and / or Service Provider account settings.
d.
The Platform and/or any Services offered by us may be unavailable or be
interrupted owing to upkeep and maintenance or for reasons beyond our control
and thus we do not make any representation that the Website and/or the Services
provided toYouwill be uninterrupted.
e.
We shall have no responsibility for any damage toYourcomputer
system(s), loss of data that results from the use of the Platform or its
content.
f.
During provision of the Services, Adesign does not endorse any views expressed
on the Platform and does not influence control over any particular theory,
opinion, ideology, doctrine, viewpoint or position on any topic. Availing any
Services and/or relying on any advice or suggestions given through the medium of
the Platform is the discretion of the Service Provider and Adesign disclaims
all liabilities in this regard.
g.
Adesign is not a party to any agreements, contracts, arrangements entered into
between Service Providers and Users or one Service Provider with another Service
Provider and disclaims all liability in relation to such arrangements. Adesign
is and will not in any way be engaged in facilitating, negotiating or assisting
in the arrangements between the Service Providers and Service Provider and
Users.Adesign shall not be responsible, directly, or indirectly, (under
law, contract, tort or equity) for any act, action, omission or work of any of
the Service Providers. TheService Providersfully hereby waive
andrelinquish any and all claims that they may have against Adesign in
relation to services provided or proposed to be provided, by the Service
Providers. TheService Providershereby expressly agree that they
shall not, directly, or indirectly, (under law, contract, tort or equity) make
any claims against Adesign in relation to services provided or proposed to be
provided, by them on the Platform or in relation to any payment obligation of
User towards Service Providers.
h.
Adesign is not liable for any loss suffered due to reasons beyond the control
of Adesign. Adesign is not liable for any loss suffered as result of
reliance on the advice of Executives or on the advice, promises, representation,
assurances made by the Service Provider. Adesign is also not responsible for
any acts, representations and consequences of performance/inadequate
performance/non-performance of any services by the Service Providers. Service
Providers agree that Adesign will not be made a party to any dispute between
them and Service Provider nor will Adesign be liable in case of any such
dispute.
15. Indemnity
a.
You hereby agree to defend, hold harmless and indemnify Adesign andits
group companies, affiliates, associates, officers, directors, employees,
consultants,licensors, subsidiaries, associates, affiliates and partners
of Adesign from and against any and all losses, costs, expenses, damages or
other liabilities incurred from and against any cost, liability, loss, damage,
cause of action, claim, suit, proceeding, demand or action brought by a third
party, due to or arising out of or in connection with (i) Your use of the
Platform, (ii) Your breach of any provision of the Terms, (iii) actual and/or
alleged infringement, by Service Provider,(iv) action or
inaction on behalf oftheotherService Provider in performing
and delivering the agreed Services, (v) actual and/or alleged infringement of
any intellectual property or other right of any person or entity, and (vi) any
dispute between Service Provider and User to which Adesign is made a party in
relation to the Services sought/ provided through the Platform, and (vii) any
fraud, negligence, wilful misconduct or intentional wrongdoing on Your
part,.Adesignshall notify You promptly of such claim, loss,
liability, or demand, and in addition toYourforegoing obligations,
You agree to provideAdesignwith reasonable assistance, at Your
expense, in defending any such claim, loss, liability, damage or
cost.
b.
IfYouare using this Platform on behalf of any legal entity,
thenYouand the legal entity shall be jointly and severally be
responsible to indemnify us, our affiliates, directors, agents and employees,
harmlessagainst any and all cost, liability, loss, damage, cause of
action, claim, suit,proceeding, demand or action brought by a third party
againstus, our affiliates, directors, agents and employees,due to or
arising out of or in connection withYour use of the Platform, Services, or
the content posted byYouon the Platform; orYour breach of any
provision of the Terms; or any negligent or intentional wrongdoing
byYouon the Platform.
c.
You shall not settle or compromise any such matter in respect of which any
indemnity claim ariseswithout our prior written consent. Adesign shall
be entitled to participate in such defence through our own counsel
atYourcost and expense.
16. Limitation of
Liability
a.
To the fullest extent permitted by law,Adesignis not and will not
be liable for any direct, indirect, remote, punitive, special, incidental,
consequential, or exemplary damages (including, without limitation, loss of
business, revenue, profits, goodwill) arising out of or in connection with the
Platform or the Services, even ifAdesignhas previously been
advised of, or reasonably could have foreseen, the possibility of such damages,
however they arise, whether in breach of contract or in tort (including
negligence), including without limitation to damages due to: (a) the use of or
the inability to use the Platform or (b) conduct of any Service Provider on the
Platform (c) unauthorized access to or alteration of transmissions or data, (d)
malicious or criminal behaviour, or false or fraudulent transactions (e)
technical or other operational lapses on the Platform (f) services provided by
any Service Provider. In any event, the liability ofAdesignarising
out of theTermsshall not exceed service fee, if any, paid to
Adesign.
17. Personal
Information and Data Security
a.
Adesign may collect, store, use, process and transfer to third parties or
other Service Providers information provided byYouat the time of
registration ofYour account, or during the course ofYour use of the
Platform, includingYour personal information that shall be governed by the
applicable data protection laws and the Privacy Policy.
b.
For more information on the security measures and systems
thatAdesignhas in place for the protection of personal Information
collected fromYouon the Platform, kindly refer to
ourPrivacy Policy.
c.
Adesign is not responsible for and disclaims all liability in relation to
personal information directly shared byYouwith Service Providers via
the Platform.
d.
Adesign shall not be liable or responsible for any information or data shared
byYouwith theUsers or otherService
Providers.
18. Governing Law
& Jurisdiction
The Terms is governed by the provisions of Indian law.
Either party shall have the right to seek interim reliefs at appropriate forums /
courts having jurisdiction thereof. Subject to Section 17 below, the courts at
Ahmedabad, Gujaratshall have exclusive jurisdiction over all
matters connected with these Terms and Your use of the Platform.
19. Dispute
Resolution
a.
In the event any dispute arises out of or in connection with the Terms herein,
including the validity hereof, the Parties hereto shallendeavorto
settle such dispute amicably in the first instance. For this
purpose,Youmayreach out to customer support at+91 942 652 5446or
write an e-mail to us onadesignexecutors@hotmail.com.
b.
The attempt to bring about an amicable settlement shall be treated as having
failed as soon as one of the parties hereto, after reasonable attempts, which
shall continue for not less than 15 (Fifteen) calendar days, gives a notice to
this effect, to the other party in writing.
c.
If Parties are unable to resolve the dispute within thirty (30) days through
negotiation,Adesign and the Service
Providerherebyexpresslyagree that all disputes shall be
finally settled by arbitration in accordance with the Arbitration and
Conciliation Act, 1996. The arbitration proceedings shall be conducted in the
English language. The seat of arbitration shall be Ahmedabad. The arbitration
shall
be conducted by a sole arbitrator mutually appointed by Adesignand the
disputing Service Provider. Arbitration awards shall be reasoned awards and
shall be final and binding on Adesign and the disputingService
Providerand shall be enforceable in any court of competent
jurisdiction.
20. Term
a.
The Terms will remain in full force and effect whileYouare
registered with the Platform or use any Services available on the Platform in
any form or capacity.
21. Independent
Contractor
a.
These Terms does not create the relationship of employer - employee, principal
and agent, joint ventures, or partners between theServiceProviders
and Adesign, and in no circumstances, shall Adesign be considered an agent
of Service Providers.
b.
Adesign does not, and shall not be deemed to, direct or
controlYougenerally or inYour performance under these
Termsspecifically, including in connection with provision of services by
the Service Providers. You acknowledge and agree thatYouhave
complete discretion whether to use the Services, list as a Service Provider or
otherwise engage in activities on the Platform.
22. General
Provisions
a.
EntireTerms:The Terms and agreements entered into
betweenYouand Adesign, if any, constitute an entire, valid and
binding agreement betweenYouand Adesign and governsYour
access and use of thePlatform.In the event, these Terms are
available in multiple languages, the Terms written in the English language and
the meaning and intent conveyed thereunder shall prevail over the Terms of other
languages and the Terms in the English language will be final and binding on the
Service Providersand the Platform.
b.
Binding Nature:These Terms shall be binding uponYouand
Adesign andYour legal heir, administrator, executor,
successors-in-interests and permitted assigns.
c.
Severability:If one or more of the provisions contained in the
Terms is held invalid, illegal or unenforceable in any respect by any court of
competent jurisdiction, such holding will not impair the validity, legality, or
enforceability of the remaining provisions.
d.
Waiver:The failure of either party to exercise any right provided
for herein shall not be deemed a waiver of any further right
hereunder.
e.
Assignment:Your relationship with Adesign is a personal
arrangement. You may not assign or sub-license, without the prior written
consent of Adesign, the rights, duties or obligations under the Terms, in
whole or in part, to any person or entity. Adesign may assign or sub-license
in whole or in part any of its rights, duties or obligations under the Terms to
any of its affiliates.
a.
Force Majeure:Except for the payment of fees to Adesign, neither
of the parties to this Terms shall be responsible for the failure to perform or
any delay in performance of any obligation hereunder due
tolabordisturbances, accidents, fires, floods, telecommunications or
Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns,
operation of law, epidemics, pandemics,cyber attacks, acts of government,
governmental requirements and regulations or restrictions imposed by law or any
other similar conditions beyond the reasonable control of such party. The time
for performance of such party shall be extended by the period of such
delay.
b.
Notices:All notices and communications to the Platform shall be in
writing, in English and shall be deemed given if delivered personally or by
commercial messenger or courier service, or mailed by registered or certified
mail (return receipt requested) or sent by email, with due acknowledgment or
complete transmission to the following address:
Postal Address:
NEW ADESIGN VASTU,
110-VRAJ VIHAR SOCIETY-2,
OPP. BASANT BAHAR-1, Gymkhana RD,
BOPAL, AHMEDABAD - 380058 GUJARAT (INDIA)
Email Address:adesignexecutors@hotmail.com
Legal notices will be served to the email addressYouprovide to us
while enrolling as a User on thePlatform. Notice will be deemed given 24
hours after such email notice has been sent.
23.
ContactUs
IfYouhave any questions or concerns regarding the Terms of Use or for
any technical support or use of Services, please contact us at +91 942 652
5446.Our authorised representatives may reach out
toYouto answerYour queries and/or addressYour
concerns.
In accordance with Information Technology Act, 2000 and rules made there under,
the name and contact details of the Grievance Officer are provided below who can
be contacted with respect to any complaints or concerns including those
pertaining to breach of the Terms and other policies or
questions:adesignexecutors@hotmail.com
These Terms of Use were last updated on:19thNovember
2020
