1. The Website
1.1. The website is owned and operated by [Dekorate Solutions Pvt. Ltd.]. a company incorporated under the Companies Act, 2013, having its registered address at 2001, Sector 45, Gurugram, Haryana – 122003.
1.2. Hereinafter, any reference to “we”, “us”, “our”, “Deckor” or “Dekorate” shall mean [Dekorate Solutions Pvt. Ltd.] and includes its associates, affiliates and any subsidiaries. All references to Website shall be understood to include its related sites and services, including any apps, plugins, APIs and/or tools.
2. Use of the website and the applicability of the term
2.1. These Terms apply to all visitors, users and others who access or use the Website. For the purpose of these Terms, “you” and “your” shall mean any natural or legal person who is accessing and/or using the Website, its contents and using the services offered on or through the Website.
2.2. Please read these Terms carefully before accessing and using the Website; both are conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of the Terms, then you may not access the Website. By accessing or using the Website, you indicate your acceptance of these Terms and agree to be bound by them.
2.3. By using, accessing or downloading materials from this website, you agree to follow these Terms.
2.4. You shall not claim invalidity of these Terms merely on the grounds that this agreement is being concluded electronically.
3. Site access and use
3.1. Although reasonable care is taken by us to ensure that all users can access and use the Website as intended and at all times, we cannot guarantee that this will be the case at all times and for everyone who seeks to access and use the Website. We accept no responsibility for any loss whatsoever incurred by you or any third party as a result of partial or total loss of website access and/or use. It is also clarified that no third party beneficiary rights are created through these Terms.
3.2. We will not charge any fee for browsing or accessing the Website.
3.4. You may view and download the information available on this website solely for your personal, non-commercial use. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Please note that any violation of the foregoing may result in civil and/or criminal liabilities and invite legal action.
4. Website Content
4.1. The Website contains information regarding the services offered by us, and representative images of our work, indicating our products and services. As it pertains to our area of work, the Website may contain representations and samples of computer generated imagery and three-dimensional (3D) renders created by us.
4.2. While we have been very cautious in the preparation of the content of the Website, there may be variations in information from actual practice, such as when it relates to descriptions, images, prices, etc. The information on the Website regarding our products and services may vary from the actual services provided due to various reasons, such as the computer monitor settings, typographical errors, your device’s capability to show the information, etc. We shall not be bound by any errors or omissions in posting information with respect to the products, services or the prices with respect to any products or services.
4.3. The information and materials provided by us may be used for informational purposes only. Nothing on the Website shall be construed as an agreement to provide products or services and will create no contractual obligations. We enter into a separate agreement with our client for provision of goods and services. These terms control the relationship between you and us; they do not create any third party beneficiary rights.
5. Intellectual Property
5.1. All of the Website’s content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, database and the selection and arrangements thereof are the exclusive property of Dekorate, and protected by Indian copyright laws.
5.2. Any use of the Website or its contents, including copying or storing it, in whole or part, other than for your own personal, non-commercial use is prohibited. You may not use said content, except when we have explicitly permitted any use. Nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
5.3. None of the content shall be used by you unless you have been permitted to do so by us.
5.4. You shall not use this Website or its contents for any commercial purpose, or otherwise alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website.
6. Your Conduct
Your conduct, as the user of the website, shall be governed by the following terms.
6.1. While accessing and using the Website, you shall not enter, upload, modify, publish, transmit or share any information that:
(1) Belongs to another person and to which you do not have any right to;
(2) Grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially/ethnically objectionable, disparaging, harmful to minors, or otherwise unlawful in any manner whatever;
(3) infringes any patent, trademark, copyright, design or other proprietary/intellectual property rights of Dekorate or of any third party;
(4) violates any law for the time being in force;
(5) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(6) impersonates another person;
(7) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(8) 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 to any other nation.
6.2. You further agree to provide true, accurate, current and complete information, and you will not fraudulently withhold or modify such information
6.3 By accessing the Website and by availing any services on the Site, you agree not to:
(1) Access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(2) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Website’s infrastructure;
(3) deep-link to any portion of the Website for any purpose without our express written permission;
(4) frame, i.e. capturing a frame of content – such as through an automatic hyperlink from another site – and displaying the same on your site, or mirror or otherwise incorporate any part of this Website into any other website without our prior written authorization.
7.1. You are prohibited from violating or attempting to violate the security of the Website. You are prohibited from doing any of the following:
(1) Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(3) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
(4) Sending unsolicited email, including promotions and/or advertising of products or services; or
(5) Violations of system or network security, which may result in civil or criminal liability.
(6) Any other action which, at our discretion, constitutes or is likely to constitute a threat to the security of the Website.
8. Links to third party sites and advertisements
10.1. We will endeavour to provide all products, services or features related information and the users are advised to be informed of all such information before purchasing/using the services or registering on the Website.
10.2. The services on the Website are provided on “as is” and “as available” basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to any other clauses, we do not warrant that:
(1) The Website will be constantly available or available at all.
(2) The Website may be down for maintenance or there may be a network problem, or the Website may be experiencing excessive load in which case, the Website may not be accessible by users.
(3) The quality of any products, services, or information on the Website or represented through the Website will meet your expectations.
(4) This disclaimer of liability also applies to any damages or injury caused or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
11.1. You agree to defend us, indemnify us, and hold us against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability for us.
12. Limitation of liability
12.1. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from any failure or delay or any use of the Website or content.
12.2. If, despite the limitation above, we are found liable for any proven and actual loss or damage which arises out of or is in any way connected with any of the occurrences described above, then you agree that our liability shall be restricted to, in the aggregate, any product(s), service(s), or transactional fees paid by you to us in connection with such transaction(s) on this Website, if applicable.
13. Governing law, jurisdiction, and dispute resolution
13.1. These Terms shall be construed in accordance with the applicable laws of India.
13.3. In case the parties fail to arrive at the an amiable solution through discussion, the same shall be referred to Arbitration by a Sole Arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The Company shall appoint the Arbitrator and his decision shall be final and binding on the parties hereto. The seat of arbitration shall be New Delhi. Subject to the arbitration proceedings, the Courts at New Delhi shall have the exclusive jurisdiction in any proceedings arising out of these Terms.
13.4. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Modification of these terms
14.1. We reserve the right to modify or replace these terms at any time, without any prior notification to you personally. You should look at these Terms regularly.
14.2. We may modify these terms or add any additional terms, and we will post the date of latest change on this page.
These Terms were last updated on 05th April, 2022.