Terms of Use

Greetings from SLVAR Group, which is the owner and operator of www.Design UPSPACES.com. The firm was established under the Companies Act, 2016 and is headquartered at #1006, 14th main, HAL 2nd Stage, Indiranagar, Bengaluru 560008. It is not necessary to sign these Terms of Use (also known as the “T&Cs,” “Terms of Use,” or “Terms”) in person or electronically. By using the Platform going forward, you agree to be bound by the Terms, including any updates. These Terms of Use are an electronic contract created under the Information Technology Act of 2000 and the Indian Contract Act of 1872.

General Terms:

  1. The Privacy Policy and the Terms of Use that follow establish an agreement between us and you, the user (henceforth referred to as “you,” “your,” or “user”) of the Design UPSPACES mobile application (the “App”) and www.designupspaces.com (the “Website”), as well as any other electronic device that allows a user to access the Website or App, including any sub-domains of the Website or top-level domains like www.designupspaces.com, mobile sites, Apps, and widgets (hereinafter referred to as the “Platform”).
  2. It is recommended that you thoroughly read these terms. You must not use this Platform and the highlighted services if you disagree with any of the terms or the Privacy Policy. If you accept all of the terms and conditions stated in this agreement, you may use Design UPSPACES services. These Terms of Use constitute a binding contract between you and Design UPSPACES if you accept it.
  3. Any person or entity who accesses, utilizes, peruses, or otherwise registers as a buyer on the Platform, utilizes any Service offered by the Platform, or engages in any other type of interaction or transaction on the Platform is referred to as the User.
  4. You understand and agree that these Terms will apply to you whether you visit, use, browse, or access our website in any other way, deal with us, or conduct business with us. You understand that these Terms govern how we allow you to use and access our platform. By accepting these Terms, you attest that you have read, understood, and are in full compliance with the Privacy Policy, which is incorporated here by reference and may change from time to time.
  5. By posting new “Terms of Use” on the Platform, we retain the right to modify any of the conditions under which you use our platforms at any time. These Terms of Use are binding on you when you use our platform. Your only choice is to stop using our platform and our services right away if you disagree with any of our terms of use or other notices posted on it.

Eligibility criteria:

  1. Only individuals who can enter into legally binding contracts under the relevant laws may use the Platform. Users of the Platform are not permitted to be “incompetent to contract” in the sense of the Indian Contract Act, of 1872, which includes undischarged insolvents and others. You may only use our Platform under the supervision of a parent or legal guardian who accepts to be bound by these Terms of Use if you are a minor, which is defined as someone under the age of eighteen but at least thirteen.
  2. If Design UPSPACES determines that you are under the age of 18, Design UPSPACES maintains the right to stop your usage of the Platform and deny you access. Those whose membership has been suspended or terminated by Design UPSPACES for any reason are not permitted to access the Platform.
  3. You warrant that you are authorized to bind the business entity to these Terms if you are registering as one. The items and services offered on this platform are exclusively intended for those residing in India unless otherwise mentioned. Design UPSPACES disclaims all liability regarding the suitability or availability of any goods or services mentioned in the content on this platform for use outside of India. If and to the extent that local laws apply, those who choose to access our Platform from outside of India are in charge of adhering to local and international laws. Design UPSPACES will only deliver the goods inside of India; it will not be responsible for any claims about orders placed for goods that are shipped outside of the country.
  4. If you use the Platform, you will bear full responsibility for protecting the privacy of your User Name and Password as well as for any actions taken using those credentials. You acknowledge that we have the right to permanently suspend, cancel, or prevent access to the Platform and/or any Services in the event that you submit any information that is false, inaccurate, out-of-date, or incomplete. You promise to safeguard your user account and to promptly notify us of any unauthorized use or breach of your password.
  5. This Platform uses your email address and/or cellphone number as your primary means of identification. You have to make sure that your email address and mobile number are current on the Platform at all times. You also agree to update your email address and mobile number on the Platform through a one-time password verification and quickly tell us of any changes. You acknowledge and accept that Design UPSPACES will not be held accountable or liable for any actions taken under your account or for the results of any information misused, including but not limited to situations in which you have neglected to update your updated cellphone number and/or email address on the platform.

How do we proceed?

Design UPSPACES is an interior design firm founded on information technology that offers comprehensive solutions for all of your furniture and home décor needs (“Services”). These Terms of Use, along with any other applicable covenants that apply to all project-related work and services with Design UPSPACES at applicable stages, are fully understood and accepted by all users/customers who engage with Design UPSPACES in a contractual capacity or customers who wish to engage with Design UPSPACES for the purpose of using its services.

Any information and/or products/services offered on any Design UPSPACES Platform are considered a “invitation to offer”. Your order is your “offer” to purchase, subject to the terms and conditions outlined in the final quotation that you have authorized and accepted as well as the appropriate Works Contract. Design UPSPACES is free to accept or reject your offer at any time.

Utilizing the Platform:

  1. There is no cost to utilize our platform, but you must make sure your system is capable of using it.
  2. To get services from you on the Platform, we may need you to give us certain information, such as your name, date of birth, phone number, and email address.
  3. By accessing and using the Platform, you affirm and guarantee to us that: 
  4. You can use the Platform and you agree to be bound by these Terms; you also have the authority and capacity to do so.
  5. You may only use the Platform and the services it provides for purposes allowed by (a) the Terms of Use; and (b) any applicable law, regulation, generally accepted practices, or guideline in the relevant jurisdictions. You may only use the Platform and all content posted on it for your personal use.
  6. Any information you obtain from us or through using the Platform will not be subject to reverse engineering, modification, copying, distribution, transmission, display, performance, reproduction, publishing, licensing, creation of derivative works from, transfer, or sale in any way; 
  7. Your use of the Platform will not contravene any applicable laws and regulatory requirements currently in effect regarding your use of this Platform;
  8. You shall not, under any circumstances, use this Platform to distribute any information or data that violates the laws and regulations that are currently in effect; 
  9. You shall not, under any circumstances, advertise to other users of this Platform sell any goods or services, or profit commercially from any content on this Platform.
  10. You consent to keep any information or personally identifiable data about a third party private in any material you submit over the Platform;

You are prohibited from making any disparaging, vilifying, or defamatory remarks about us, our brand, or the domain name we use. You are also prohibited from engaging in any behavior that could harm Design UPSPACES’ reputation or image, or that could damage or dilute any trade names, service marks, or other trademarks that Design UPSPACES may

Proscription:

The following actions by Platform users are strictly forbidden:

  1. Violating or attempting to violate the Platform’s integrity or security; 
  2. Sending any information through the Platform that is disruptive or competitive to the Platform’s use provisions; 
  3. Intentionally submitting any false, inaccurate, or incomplete information on the Platform; 
  4. Trying to decode, decompile, disassemble, or reverse engineer any portion of the Platform;
  5. Copying or plagiarizing in any way any information or content available on the Platform; 
  6. Sending or attempting to send any computer viruses, worms, flaws, Trojan horses, or other destructive items. 
  7. Framing, hotlinking, or deep linking any of the content posted on our platform.

Proprietary Rights:

  1. Design UPSPACES is in charge of running this platform and selling goods and services, with other producers selling them as needed. All content on this platform is covered by trademarks, copyrights, and other intellectual property rights, including photos, logos, drawings, audio clips, and video clips. You may only use the content on the platform for personal, non-commercial purposes. You agree not to directly or indirectly copy, reproduce, republish, upload, post, transmit, or distribute such material in any form or by any means, including email or other electronic methods. You also agree not to help anyone else do the same. Copyrights, trademarks, and other proprietary rights are violated when materials are modified, used on another platform or in a networked computer environment, or used for any purpose other than personal, non-commercial use without the owner’s prior written consent. For the purposes of this provision, a use is considered commercial if you obtain payment for it, either in kind or in kind.
  2. The Platform, everything on it, everything that is chosen and arranged, everything that is written, text, graphics, user interfaces, data, software, visual interfaces, sounds and music (if any), artwork, and computer code, are all owned and controlled by us, our partners, or our licensors alone. Copyright, patent and trademark laws, as well as a number of other intellectual property rights, protect the composition, organization, coordination, expression, appearance and feel, and arrangement of such content.
  3. Design UPSPACES may also, in compliance with applicable law or a valid license, contain and display third-party trademarks, logos, and material (collectively, “Third Party Marks”). The owners of such Third-Party Marks shall be the proprietors of their intellectual property. Neither our marks nor any other similar Third-Party Marks may be used by you. This document explicitly states that third parties own all trademarks, copyrights, and other intellectual property included in the products made available on the Platform. These third parties have given us permission to list the products on the Platform and grant end users’ licenses to utilize them. Abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights, and trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them are all considered intellectual property rights for this agreement. Additionally included are industrial and layout designs, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, and rights to abridged. The parties hereto acknowledge and agree that none of the intellectual property rights stated above is transferred in the User’s name, and that any such rights resulting from these presents will remain entirely under our ownership, control, and possession—or that of our licensors, as the case may be.
  4. Unless otherwise stated, we are the owners of all intellectual property rights pertaining to and into the Platform, the trademark “Design UPSPACES,” and any other intellectual property that we may register. This includes, without limitation, all rights, title, and interest in and to copyright, trademarks, patents, utility models, designs, know-how, trade secrets, and inventions, goodwill, source code, meta tags, databases, text, content, graphics, and hyperlinks.
  5. You understand and agree that you will not reproduce, transmit, republish, post, display, translate, copy, or distribute any Content in any way without first receiving permission from us or the thirty-party owners of the content in question.
  6. Since we respect the intellectual property rights of others, you can write to legal@designupspaces.comto let us know if you think that any content or material on our platform violates your rights.

Content and Links from Third Parties:

  1. The Platform might contain links to other people’s websites or resources; these people or organizations could be connected to us. You understand and accept that we cannot be held accountable or liable for the truthfulness of any material posted on these third-party websites or for any resources, goods, services, or other data that may be found there. The inclusion of links to such websites or resources does not indicate our approval of those websites or resources, their contents, goods, services, or other information. By using any such websites or resources, you accept full responsibility for them and any associated risks.
  2. You further acknowledge and agree that these Terms of Use do not extend to other websites that may have connections on our Platform, and that our Platform may contain links to third parties. We disclaim all accountability and responsibility for the content and operations of these linked third-party websites since they have their own, independent standards of use. For more comprehensive information that will help you understand their policies and usage guidelines for their websites, it is therefore suggested and urged that you review the individual policies of these third-party websites.

Disclaimer of Warranties:

  1. This Platform, together with all goods (software included) and services that are included on or otherwise made available to you via this website, are supplied “as is” and “as available” without any explicit or implied warranties of any kind, unless otherwise noted in writing. Without affecting the previous sentence, Design UPSPACES does not guarantee that:
  2. This platform will always be accessible, or accessible at all;
  3. All information on this platform is true, accurate, complete, and not misleading;
  4. Design UPSPACES will not be accountable to you in any manner for the Platform’s contents, use, or other related matters. We make no warranties on the virus-free status of this website, their servers, the information, materials, products, or services that are included on or otherwise made available to you through the Platform, or electronic correspondence that is transmitted from us.
  5. About this Platform and its content, we make no express or implied representations or warranties (statutory or otherwise), including without limitation as to their condition, reasonable quality, performance, fitness for a particular purpose, accuracy, or timeliness. All such representations and warranties are excluded, except for any circumstances in which their exclusion would be illegal.
  6. State and federal laws, where appropriate, govern all of the goods on the platform and the services provided. When completing an order on the website, you will need to provide a working phone number and/or valid email address. By providing your phone number or email address, you agree to receive emails, calls, and/or SMS notifications from us in the event that there are any updates pertaining to your order, delivery, or installation.

Privacy Policy:

We consider the preservation of your privacy to be a fundamental value. We are well aware that one of our most valuable assets is you and your personal information. In compliance with the Information Technology Act, 2000 and its regulations, we store and handle your information, including any sensitive financial data that we may have collected (as that term is defined under the Act), on computers that may be secured by appropriate technological and physical security measures. You can access our most recent privacy statement at https://abodeminds.com/privacypolicy.

Violating the Agreement:

We and/or legal enforcement agencies may take whatever actions they deem necessary, including but not limited to terminating your use of our platform and/or service, removing your credentials from the platform, issuing you a warning, filing a lawsuit, and notifying the relevant authorities, if we suspect or are under the suspicion that you have violated any of the provisions under these Terms. By taking any action in response to a breach of these Terms, including but not limited to the ones listed above, we hereby disclaim any liability. Any clause in these terms that should, by definition, endure beyond termination will do so. This includes, but is not limited to, warranty disclaimers, indemnities, and liability restrictions.

Liability Limitation:

  1. You acknowledge and agree that Design UPSPACES will never be liable for any direct, indirect, ancillary, special, incidental, consequential, or exemplary damages under any circumstances, including but not limited to contract, negligence, or other tort. Injuries, claims, lost data, income, profit, or opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data, or other intangible losses resulting from or arising out of the use of the Platform or Services thereof are all included in this, but they are not the only ones. This is even the case if we have been informed of the possibility of such damages or loss or that such loss was foreseeable.
  2. Incomplete, illegible, misdirected, or stolen entries are not our responsibility. We further disclaim any legal liability for any losses you may incur from using our platform or service, including those caused by viruses, bugs, or other technical malfunctions; equipment failure that prevents our platform from operating or from charging entry fees; delays and disruptions on our platform; and suspensions or other actions related to your account, to the maximum extent allowed by the laws of the jurisdiction in which we operate additionally any loss of revenue, goodwill, and reputation; loss of projected savings; loss of use; loss of data; additional costs and expenses; wasted expenditure; and any indirect, special, and consequential damages resulting from your use of the Platform or its Services, whether or not such loss or damage is known, foreseeable, or foreseen.
  3. We take reasonable steps to guarantee that the goods, information, and other materials that appear on or are a part of our Platform and Service are accurate, current, and comprehensive. However, in this regard, we make no express or implied claims, warranties, or guarantees of any kind.
  4. Regarding the characteristics (quality, value, scalability, etc.) of the goods or services that are offered for sale or purchase on the Platform, Design UPSPACES makes no representations or warranties. Design UPSPACES disclaims all duty for any errors or omissions on the Platform and does not promote or advocate the sale or acquisition of any goods or services, either directly or implicitly.
  5. Design UPSPACES disclaims all liability for any failure to comply or violation of an agreement made between Users and Sellers. We are unable to ensure that the relevant Users, Buyers, and/or Sellers will complete any transaction that is completed on the Platform. Design UPSPACES is under no obligation to mediate or settle any conflict that may arise between buyers and sellers.
  6. Design UPSPACES does not guarantee or make any representations regarding the particulars of any of its Users’ items, including their legal title, creditworthiness, identity, etc. It is advisable that you exercise your best judgment and independently confirm the legitimacy of any specific User you choose to transact with on the Platform.
  7. Throughout any transaction between User/Buyer and Seller on the Platform, Seller does not give Design UPSPACES ownership of any of the goods or services that it offers, nor does it ever acquire any title or other rights over the goods or services that Seller offers to Buyer.
  8. Design UPSPACES shall never have any ownership, rights, or interests in the products, nor shall Design UPSPACES be subject to any duties or responsibilities arising from the agreement made between the buyers and sellers. In addition, Design UPSPACES disclaims all liability for damages or delays resulting from products that are back ordered, unavailable, or out of stock for reasons beyond the reasonable control of the company. 

EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, THE DESIGN UPSPACES SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE.

Authenticity:

You undertake to defend, indemnify, and hold harmless us, our partners, officers, employees, independent contractors, service providers, consultants, licensors, agents, and representatives, from and against any claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to that agreement;

  1. Your access to and use of the Platform and Services;
  2. Your violation of these Terms of Use or the Quotation/Works Contract (if applicable); 
  3. Your violation of any applicable laws, rules, or regulations;
  4. Your conduct on the Platform as it relates to third parties.

Grievances and Suggestions:

  1. We make a good faith effort to guarantee that our services run smoothly and with honesty and integrity. We value user feedback and would like to hear from you if you have any complaints, even though we always make every effort to ensure that using our platform is a great experience for you. Within the bounds of technology and law, we will respond appropriately to address issues with our services as soon as they arise.
  2. Please email hello@abodeminds.com with your general inquiries, comments, or complaints regarding any part of your interactions or transactions with us or our services. If appropriate, be sure to include enough details in your complaint or feedback.
  3. We always try to handle complaints and feedback fairly, quickly, and transparently. We take them very seriously.

Additional Terms:

  1. Electronic Contracting: By voluntarily using and accessing the Platform, you signify your agreement to the provisions electronically, tying you to the provisions stated in this document.
  2. Force Majeure: If we fail to fulfill any obligation or delay fulfilling any obligation due to circumstances beyond our reasonable control, such as fire, earthquake, flood, tsunami, epidemic, pandemic, strike, lockout, lockdowns, labor dispute, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or another facility that furnishes necessary supplies, equipment, or other facilities’ omissions or acts of public authorities that prevent or delay the performance of an obligation, we shall not be liable to the User or be deemed to be in breach of these Terms as a result obligation relating to the actions of public authorities, such as modifications to laws, rules, government policies, or other regulatory authority acts that are outside the control of either Party or any other causes that are not predictable or reasonably foreseen and that are not foreseeable by prudent men.
  3. Violation(s) of these Terms of Use: Should you violate any of these terms in any way, we reserve the right to take appropriate legal action, suspend your account and/or access to the Platform, forbid you from using it, block access to it for electronic devices using your IP address, contact your internet service provider to request that they block your access to the Platform, and take other appropriate action(s).
  4. Severability: In the event that any term of the Terms is found to be unenforceable, this agreement will be interpreted as having been modified to the degree required to make the other portions of the agreement legitimate and enforceable.
  5. Amendments, Modifications: We have the right to change any element of the Terms, at our sole discretion. You should review these Terms from time to time for updates. After any changes to this document are posted, you agree to those changes by continuing to use or access the Platform and/or services.
  6. Remedies: If any party breaches a provision of these Terms about Confidential Information or intellectual property rights, the injured party may seek an injunction, specific performance, or other equitable relief, monetary damages, or any combination of these remedies, as there may not be a sufficient remedy available only at law.
  7. Waiver: The injured party shall not, by any means, waive any right, power, or privilege under the Terms, nor shall any single or partial exercise of such rights, powers, or privileges preclude the exercise of any other or further rights, powers, or privileges under the Terms at law or in equity.
  8. Relationship between the Parties: It is recognized that the parties are related solely on a principal-to-principal basis and that neither party is the other’s agent, partner, or legal representative. Nothing in the Terms shall be interpreted to create a partnership between us and you. No party shall have the express or implied right, power, or authority to bind the other party to any obligation.

The general Law:

Indian law shall govern and be applied to the resolution of any disagreement or claim that arises between you and Design UPSPACES about this Platform or its contents, whether those disagreements and claims are purportedly contractual or not. By this, you agree to the Bengaluru civil courts’ exclusive jurisdiction.

Contact Us:

Please email us at queries@designupspaces.com if you have any further questions or need more information regarding our Terms of Use, this Platform, or our services.

Complaints Officer:

You can contact our Grievance Redressal Officer using the information provided below if you have any complaints about our privacy policy.

Mr. Nitesh, 
Position held as Head of Customer Experience
Contact email at nitesh.s@designupspaces.com.
Hours: 9.30 – 18.00, Monday through Saturday