THIS DOCUMENT ("TERMS AND CONDITIONS") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS AND CONDITIONS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
The Terms and conditions of this website located at the URL www.FindMeDecor.com under the name and style "FINDMEDECOR.COM" (the Website) is between Prima Terra Infotech Pvt. Ltd. (hereinafter referred to as " Prima Terra Infotech Pvt. Ltd." or "FindMeDecor" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which we offer You access to the Website and such other services as are incidental and ancillary thereto ("Services").
1.1 Prima Terra Infotech Pvt. Ltd.is a company incorporated under the Companies Act, 2013, with its registered office at JJT House, A 44-45, Road no 2, MIDC, Andheri East, Mumbai 400093, India and having CIN U74999MH2016PTC279934 Prima Terra Infotech Pvt. Ltd. is an intermediary in the form of an online marketplace and is only limited to the managing of this Website to enable the vendors to exhibit, advertise, display, make available and offer to sell their services and to enable the buyer/s to purchase the services so offered ("Services"), and other incidental Services thereto ("Services") including use of the Website by any User.
1.2 These Terms and Conditions are subject to revision by FindMeDecor at any time and hence the Users are requested to be aware of the amendments in these Terms and conditions from time to time before using the Website. If the website is used even without acknowledgement, mere usage of the website for any purpose shall be construed as acceptance for the amended Terms and Conditions and any other legal agreements thereof. The amended Terms and Conditions shall be available for your perusal on the website on the same link. You can determine when FINDMEDECOR last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. FINDMEDECOR may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services.
1.3 In case of any conflict, in the following:
(ii) If at any given point of time the website adds an additional term and/ or a condition as an addendum to this document then the former document shall take precedence, but only to the extent of the clauses mentioned in such addendum.
(iii) between the Vendor Agreement and any other part of these Terms and conditions, the Vendor Agreement shall take precedence but only to the extent of the conflict;
(iv) between these Terms and conditions and any other notices, disclaimers or guidelines appearing on the Website, these Terms and conditions shall take precedence but only to the extent of the conflict.
2.1 This Website is a marketplace available online or electronically for the benefit of the vendor and you, the user. The website is an intermediary that
(a) provides a platform for Users (who are vendors) to advertise, exhibit, make available and offer to sell various Services to other Users (who are buyers / customers), and
(b) a medium for the Users to accept the offer to sell of the Services made by the vendors on the Website and to make payments to the vendors for purchase of the Services being provided by them on the website, and
(c) services to facilitate the engagement of buyers and vendors, and
(d) such other services as are incidental and ancillary thereto.
3.1 The services are only available for those users who are competent to contract by the laws of India. The Services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the website system by the company for any reason whatsoever. By continuing using the website you represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding with the terms as mentioned above, if You are below the legal contractual age i.e. eighteen (18) years, please read through these Terms and conditions with your parent or legal guardian, and in such a case these Terms and conditions shall be deemed to be a contract between FINDMEDECOR and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2 We at all times reserve the right to refuse access to use the Services offered at the Website to new Users or existing users without providing any explanations for our act or omission thereof.
3.3 You, as a user of this website are only permitted to have one active account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
4.1 You may access the Website as either a registered user or as a guest user and avail the Services as a registered user only.
4.2 Registered Users: We make certain sections of the Services specially available to You through the Website only if You have provided us with the certain required information and have created an account with us through certain log-in id and password ("Account"). (required information to create a login as provided above are individually and collectively referred to the "Account Information").
Once you have created an account as a User of the website it is your sole responsibility for maintain its confidentiality and security and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify us in case of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You sign out from Your Account at the end of each session. We cannot be held and will not be liable for any consequential or other loss or damage what so ever arising from Your failure to comply with this section. However, on the contrary You may be held liable for any losses incurred by us or any other third party user or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or FINDMEDECOR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FINDMEDECOR has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
4.3 Guest users: FindMeDecor allows its visitors to have a limited access to the Services so that such users can get a gist of the services made availbe to them by the vendors on the website (also called as 'guest users').
5.1 Today, We do not levy any charge for browsing the Website or buying the Services on the Website. However, for any service purchased through a vendor shall be on a chargeable basis for which you shall be liable to pay.
5.3 For the making of payments for buying the Services on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Services on Website and we do not control the same and shall be liable for the same.
5.4 Payment gateway providers at FindMeDecor: We may from time to time contract with third party payment service providers to facilitate the payment between Users i.e. buyers and vendors and for collection of our fees and other charges.
6.1 Subject to the terms of this Agreement(s), we grant You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
6.2 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Service catalogues, images, etc.) that Your access on the Website in accordance with clause 7.
6.3 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including but not limited to these Terms and conditions); and (b) any applicable law.
6.4 You also agree to not use the website in any other form other than provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 If you believe at any given point of time that any content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) as contained in this website or any other applicable law of India. You may report such content in the manner prescribed under clause 14 herein.
6.6 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Services, vendor, post your comments, and reviews in relation to Services availed by you on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Us using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that we do not endorse any User Content on the Website and are not responsible or liable for any User Content. We reserve the right to disable access to the User Content on the Website at any given point of time. We also reserve the right to cancel a User account if it is suspected that the reviews being posted are to establish or destroy the image of a Vendor.
6.7 You hereby grant FINDMEDECOR a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms and conditions; and (iii) that such User Content is lawful.
6.8 When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
(a) belongs to a third party and to which the user may not have a right to;
(b) is harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) harms a minor as defined by the rules and regulations of the country, you are a resident of ;
(d) impersonates any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(e) threatens or attempts to threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with any foreign state, or public order or causes incitement to the commission of any cognizable or non cognizable offence or prevents investigation of any offence or is demeaning any other nation;
(f) infringes any registered, non registered, applied for patent, trademark, copyright or other proprietary rights;
(g) contain any kind of viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource present at the registered or non registered offices of FindMeDecor;
(h) engage in any activity that interferes with or disrupts the access to the Website or to any of the services as offered on our website (or the servers and networks which are connected to the Website);
(i) ) attempt to gain unauthorized access to the website, any other systems or networks connected to the Website. Also attempt to gain unauthorized access to any of our servers, or to any of the Services offered on or through the Website, by hacking, using brute force or any other kind of hacking method to break into an account not owned by you or any other illegitimate means;
(j) ) You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of FINDMEDECOR, including any FINDMEDECOR Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
(k) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any other affiliated or linked sites;
(l) use the Website or Content for any purpose that is unlawful or prohibited by the Agreement contained herein, or to solicit the performance of any illegal activity or other activity which infringes the rights of FINDMEDECOR or other third parties;
(m) falsify or attempt to falsify or delete or attempt to delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to the website for the purposes of providing services to its users;
(n) violate any applicable laws or regulations for the time being in force within or outside India;
6.9 You hereby agree and indemnify that You are solely responsible to FINDMEDECOR and any third party for a breach of Your obligations under these Terms and conditions or other Agreements provided on this website and for any consequences (including any loss or damage which FINDMEDECOR or its affiliates or its vendors may suffer) for any such breach.
6.10 You shall use this Website for personal, commercial and non-commercial use. However, such your use shall only be for the purpose of buying the Services for your own personal or non personal requirements and shall not be for re-selling the same to any third party.
6.11 Any purchase of the Services from the Website will be strictly for the personal or non personal use of the User. The User hereby expressly agrees that any Services purchased by the User will not be sold or re-sold in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services purchased are not transferrable to any third party for profit.
6.12 In case buyer purchases multiple Services in one transaction, the Vendor(s) may or may not try to deliver all such Services together. Buyer agrees that the delivery of the Services shall be made through the online login account only.
7.1 You unless expressly indicate to the contrary in any of the legal agreements as mentioned on this website we hereby grant You a revocable, non transferable and non exclusive right to view download and print the catalogues, images, reviews ,designs, other related content (“catalogues “) as available on the website and on an as - is basis . However, the same may be restricted and may be subject to certain following conditions.
(a) Your access to the catalogues is solely for personal, informational, and internal purposes, in accordance with these Terms and conditions;
(b) You may not at any given point of time modify or alter of try to modify or try to alter product catalogues available on the Website;
(c) You may not do or attempt to distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
(d) You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
7.2 All such rights as above granted to You regarding the catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
8.1 All contents available on the Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Prima Terra Infotech Pvt. Ltd. or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. FINDMEDECOR reserves the right to change or modify the Content from time to time at its sole discretion.
8.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Prima Terra Infotech Pvt. Ltd.. The logos and services as provided by the vendors/vendor as displayed on the website have intellectual property rights attached to them and are owned by the respective Vendor/s. You are not permitted to use the Marks without the prior consent of FINDMEDECOR, the vendor/vendor or the third party that may own the Marks.
8.3 Unless as stated on the website as otherwise, indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, FINDMEDECOR owns all intellectual property rights to and into the trademark "FINDMEDECOR", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4 You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from FINDMEDECOR or thirty party owner of such Content.
9.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY FINDMEDECOR ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FINDMEDECOR MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINDMEDECOR OR THROUGH THE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINDMEDECOR WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. FINDMEDECOR ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
9.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINDMEDECOR SHALL NOT BE LIABLE FOR ANY KIND OF LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FINDMEDECOR HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT FINDMEDECOR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE.
FINDMEDECOR SHALL NOT BE HELD RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SERVICES, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, FINDMEDECOR SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND FINDMEDECOR 'S CONTROL. THE USER ALSO UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. FINDMEDECOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID OFFER OR A COUPON THAT MAY BE OFFERED. FINDMEDECOR ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.1 You as a user of this website agree to indemnify, defend and hold harmless FindMeDecor, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with
(i) your breach of this Agreement(s) or any other Agreement(s) provided on the website; or
(ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or
(iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or
(iv) Your violation of any rights of another, including any intellectual property rights.
10.2 You shall be notified by us or through any person directed by us to notify you regarding any claims which you shall be liable to make good and indemnify FindMeDecor. You shall be notified regarding the cause of action that caused such claim and the course of action to be taken after seeking the advise of an in house or outside, general or specific attorney practicing in India or abroad as deemed fit for the purpose. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of FindMeDecor without the express prior written consent of FindMeDecor which can be withheld or denied or conditioned by FindMeDecor in its sole discretion.
10.3 Notwithstanding anything to contrary in the Agreement(s), FindMeDecor ‘s entire and aggregate liability to You under and in relation to these Terms and conditions or otherwise shall not exceed the amount of money if any, paid by You to us under the relevant order to which the cause of action for the liability relates.
10.3 Notwithstanding anything to contrary in the Agreement(s), in no event shall FindMeDecor, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not FindMeDecor has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
11.1 This agreement is legally binding until terminated by either You or FindMeDecor as set forth below. If You want to terminate Your agreement with FindMeDecor, You may do so by (i) not registering or purchasing or using the website in anyway; or (ii) closing Your Account for all of the Services that You use, where FindMeDecor has made this option available to You.
11.2 You also agree that FindMeDecor may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if We determine that You have violated the terms of these Terms and conditions or any other Agreement(s). You also agree that any violation on your part of the Agreement(s) might cause harm that may be reparable or irreparable, for which monetary damages may be inadequate, and You consent to us for obtaining any injunctive or equitable relief that FindMeDecor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
11.3 In addition to Clause 11.2 above, FindMeDecor may, at any time, with or without notice, terminate these Terms and conditions (or portion thereof, such as any individual Additional Terms) with You if:
(a) FindMeDecor is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
(b) The provision of the Services to You by FindMeDecor is, in FindMeDecor ‘s opinion, no longer commercially viable;
(c) FindMeDecor has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
(d) In the event FindMeDecor faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
11.4 You agree that all terminations shall be made at our sole discretion and that we shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
11.5 Notwithstanding the above, the terms and conditions of this Agreement are meant to survive termination / expiry of this Agreement. The same shall survive indefinitely unless and until we choose to terminate them as well. FindMeDecor may inform the vendors who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information vendors may cancel the purchase order. We may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
12.1 These Terms and conditions and all transactions entered into on or through the Website and the relationship between You and Us shall be governed in accordance with the laws of India without reference to conflict of laws principles.
12.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms and conditions, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and FindMeDecor shall be subject to the exclusive jurisdiction of the courts at Mumbai, India. All matters shall be subject to arbitration if possible.
When You use the Website or send emails or other data, information or communication to FindMeDecor, You agree and understand that You are communicating with FindMeDecor through electronic records only and You consent to receive communications via electronic records from Us, periodically and as and when required. We shall communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
14.1 Notice: All notices with respect to these Terms and conditions from Us will be served to You by email or by general notification on the Website. Any notice provided to FindMeDecor in pursuance to these Terms and conditions should be sent to Grievance Officer at JJT House, A 44-45, Road No 2, MIDC, Andheri East, Mumbai 400093, India.
14.2 Assignment: You do not have any right to assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. However, FindMeDecor's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by FindMeDecor to any third parties without the requirement of seeking Your prior consent. FindMeDecor may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. FindMeDecor shall have right to transfer Your Account and Account Information to a third party who purchases FindMeDecor ‘s business as conducted under the Website.
14.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. FindMeDecor may amend in a reasonable manner, any such provision which may come unenforceable, to make it enforceable and such amendment will be given effect in accordance with the amended terms of these Terms and conditions.
14.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms and conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
14.5 Force Majeure: if performance of services by either party cannot be effected due to unforeseen act, that cannot be prevented, delayed , interfered with due to labour disputes, acts of God, including but not limited floods, like lighting, severe weather, earthquake, tsunami, tornado, communication failures, shortage of material, acts of terrorism, embargo, war or any other act what so ever, then since such situation are beyond reasonable control of FindMeDecor or its third parties performing such parties, then FindMeDecor shall be excused from such performance to the extent of and during the period of such force majeure event.
Any feedback is important to us and the same is provided by You. You may send your feedback at email@example.com.
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