+91 7899-956600
Bengaluru
+91 7899-956600

These Terms of Use (“Terms of Use”) when accepted by You becomes an agreement between the Company and You regarding the use of the Online Platform and the Mobile Application. You agree to be bound these Terms of Use by continuing to access the Online Platform or obtaining the Services.

The Company reserves the right to modify these Terms of Use without Your consent. The Company may inform the Users regarding modifications to the Terms of Use by displaying a banner statement on the Website or including a statement regarding modifications on the page of the Terms of Use. If You continue to use the Terms of Use after information regarding the modifications is published, You shall be deemed to have accepted the revised Terms of Use.

1. DEFINITIONS

  • “Account” shall mean an account created by any Visitor with the Online Platform by providing certain personal information.
  • “Company” or “We” shall mean Homergize Technologies Private Limited, a private limited company incorporated under the (Indian) Companies Act, 2013.
  • “Content” shall mean information, data, photographic, audio, images, visual or audiovisual content, including videos that the Users publish, post or transmit on or through the Online Platform.
  • “End User” means the individual buyers and other commercial buyers in India who offer to purchase the Products through the Online Platform or Persons who obtain the services of the Service Providers.
  • “Laws” shall mean any central, state or local law, statute or ordinance, or any rule, regulation, or guidelines having the effect of law, promulgated by any governmental or regulatory authority.
  • “Mobile Application” or “Mobile App” is a software application having the same content and functionalities of a web version of the Online Platform that is designed to run on mobile devices. Mobile Application may be downloaded from authorized locations or supplied otherwise by the Company.
  • “Online Platform” or “Website” shall mean the website “www.homergize.com”, and a Mobile Application.
  • “Person” means any natural person, sole proprietorship, partnership, company, governmental authority, joint venture, trust, association or other entity (whether or not having separate legal personality).
  • “Privacy Policy” shall mean the privacy policy available here, describing the way in which the Company collects, stores and uses any personal information provided by User as a natural person.
  • “Products” shall mean the products listed on the Online Platform for sale.
  • “Seller” shall mean any Person who has published Content relating to the Products on the Online Platform and has offered for sale to the End Users, the Products on the terms and conditions contained in these Terms of Use and other terms and conditions that the Seller and the End User may agree.
  • “Service Provider” shall mean the architects, carpenter, electricians, masons, metal fabricators, painters, plumbers, tile fitters and other service providers relating to the home furnishing and design industry who have published their details on the Online Platform and offered to provide their services to the End Users in accordance with these Terms of Use.
  • “Services” means, collectively, following services to be provided by the Company: (i) access to the Online Platform; (ii) hosting the Content of the Users including the User Content; (iii) Order processing and billing services in connection with the sale of the Products; (iv) providing access to interactive platform on the Online Platform for the purposes of discussion amongst the Users; and (v) such other services specified hereunder.
  • “User” shall mean any Visitor, End User, Seller or a Service Provider, as the case may be.
  • “Visitor” shall mean any Person who accesses the Online Platform and is not an End User, Seller or a Service Provider.
  • “You”, “Your” or “Yourself” shall mean the user of the Online Platform, and can be a Visitor, End User, Seller or Service Provider.

2. ONLINE PLATFORM

  • Online Platform is a technology services platform that allows the Users to publish, post or transmit Content, interact with other Users, and enter into transactions with the End Users who wish to purchase the Products or the services offered by the Service Providers, as the case may be.
  • The Company reserves the right, in its sole discretion, to change, add or remove any capabilities/features of the Online Platform and/or any Service without notice.

3. FEES

We do not charge any fees for Users (except Sellers), for enabling general access to our Website or using the Services, but We reserve the right to charge a license fee in the future for permitting access to the Website and use of Services.

4. REGISTRATION

  • You are authorized to access the Online Platform without registration, and also, if permitted, participate in any interactive activity, with other Users on any bulletin board, dash board or other communication platform made available by the Company. However, if You wish to avail the services of a Service Provider or purchase Products from any Seller, You will be required to register by providing certain basic details. We reserve the right but not obligated to verify such information in order to ascertain Your identity.
  • You will take sole responsibility for the confidential safekeeping of Your account information (“Account”) including the password You provide. You also agree to take responsibility for all activities done on the Online Platform through Your Account. If You believe or have reasons to believe that Your password is no longer confidential, You must immediately inform us through the account section provided on the Online Platform. You can update any information You provide us through the account section of the Online Platform. Subject to these Terms of Use, We reserve the right to suspend, terminate or block access to the Online Platform or to Your Account.

5. ELIGIBILITY TO USE ONLINE PLATFORM

In order to access or use Online Platform, You need to be competent to contract under the Indian Contract Act, 1872. By accessing the Online Platform, You represent and warrant that You are eligible to contract under the Indian Contract Act, 1872. We may suspend or terminate Your access to the Online Platform, without any prior notice to You, upon receipt of any notice or communication from any User or any governmental authority, self-regulatory agency or any other Person that You have violated these Terms of Use or any other provision of applicable Laws or regulations and standards prescribed by the self-regulatory agency in connection with the use of the Online Platform.

6. ADDITIONAL TERMS AND CONDITIONS

  • Any Visitor who consumes the services offered by the Service Provider or purchases any Product is referred to as the End User.
  • End Users shall also be governed by the separate terms and conditions applicable to the sale and purchase of the Products or the use of services provided by the Service Providers, agreed on with the Sellers and the Service Providers, as the case may be.
  • The Company shall provide billing services and other services, as may be agreed with the Seller, acting on behalf of the Sellers. If You are the buyer of the Products, You acknowledge and confirm that the Company shall not be treated as the seller of Products on account of such collection of the payments or for provision of billing services, or for any reason whatsoever.

7. INTERACTIVE SERVICES

The Company may provide bulletin board or dash board or other platforms that allow the Users to provide feedback or reviews on the Online Platform regarding the Products, delivery, service levels of the Seller or its authorized service agent, or the services provided by the Service Providers and any other information relating to the sale and purchase of the Products or the services rendered by the Service Providers. Based on the feedback received from the Users, Online Platform may provide ‘customer satisfaction rating’ of the Seller and the Service Providers, determined through an automated process without any intervention of the Company (including its employees, agents and officers). The Seller and the Service Provider agree to the Online Platform publishing ‘customer satisfaction ratings’ and also allowing the Users to publish their feedback and reviews.

8. CONTENT

You shall be responsible for reviewing and obtaining any necessary licenses, waivers or permissions with respect to any third-party rights to Content uploaded, posted, transmitted or otherwise communicated on to the Online Platform.

You shall not upload, post or otherwise transmit any Content, that is obscene, unlawful, derogatory or defamatory of any racial, religious or ethnic groups, or material that misappropriates or infringes Intellectual Property Rights of others, on or through the Online Platform or to End Users.

You undertake that You will not host, display, modify, publish, transmit, update or share any Content including data, text, message, review, comments, description, image, sound, and video that:

  • belongs to another Person and to which the You do not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes Intellectual Property Rights of others;
  • violates any Laws for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another Person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer network data, computer data base or software;
  • 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.

In the event the Company (i) receives a written notice from a third party alleging that the Content infringes its Intellectual Property Rights; or (ii) receives a written notice from a self-regulatory organization that any User is in violation of the regulations or standards prescribed by it; or (iii) becomes subject to any inquiry or claim or governmental investigation; or (iii)

determines, in its sole discretion, that the Content violates any applicable Laws, regulation or rights of any third party, or the terms of these Terms of Use. the Company shall have the right to remove any Content pertaining to such claim from the Online Platform immediately upon receipt of any notice or claim.

9. ROLE OF THE COMPANY

You agree, understand and acknowledge that:

  • The function of the Company is limited to providing a platform for hosting and publishing Content and enabling the Users to transact with other Users;
  • The Company does not control in any manner any transaction done through the Online Platform;
  • The Company has no control over the Content and the Company does not have an obligation to review or modify the Content made available to You through the Online Platform.

Please note that: (i) the Company does not recommend or endorse any Seller or the Service Provider mentioned on the Online Platform; (ii) the Company does not make any representations or warranties with respect to the Products, or the services provided by the Service Providers or the quality of the services they may provide, and (iii) does not grade or rate the Sellers or the Service Providers.

You may be provided with links on the Website that direct You to third party websites or applications or content, including advertisers (collectively “Third Party Links”). We do not endorse any Third Party Links that You may be directed to from the Website. Your access to such Third Party Links shall be subject to the terms of use of such Third Party Links, and You shall access such Third Party Links at Your sole discretion and by accessing You assume sole responsibility for any and all losses and liabilities arising from such access. The Company shall not be responsible for any loss, damage, liabilities or claims resulting from Your access to or the use of the services provided by the Third Party Links.

You acknowledge and agree that the Company may carry out marketing programs. Such promotions shall be carried on by the Company and You (if You are a Service Provider or a Seller) hereby authorize the Company to run marketing programs in relation to the Products and services offered by the Service Providers on the Online Platform.

10. PRIVACY POLICY

  • The Company may collect various personal information from You when You use the Website and or the features provided by the Website.
  • Company’s Privacy Policy is available here sets out Company’s policies regarding the collection, storage, use, transfer and protection of any such personal information.
  • When You complete the process of creating an Account or otherwise provide Your personal information, You specifically consent to Company’s Privacy Policy.
  • The Company may disclose Your personal information in accordance with applicable Law.

11. INTELLECTUAL PROPERTY RIGHTS

  • TAll rights, title, and interest in and to Content, created by the Seller or the Service Provider, as the case may be, and provided to the Company and all Intellectual Property Rights relating thereto will remain with the Seller or the Service Provider, as the case may be.
  • The Seller and the Service Provider hereby grant, and the Company hereby accepts, a non-exclusive, worldwide, royalty free, fully paid up, non-transferable license, to copy, reproduce, store, display, deliver and modify the Content on the Online Platform. Sellers and the Service Providers hereby grants to the Company a non-exclusive, worldwide, royalty-free, fully paid up, non-transferable right to use the trademarks and tradenames of the Seller, solely in connection with the performance of Services and in connection with its public relations, marketing and promotional events.
  • All rights, title, and interest in and to the Online Platform, including but not limited to software, text, data, images and graphics, all updates, modifications, enhancements, improvements, upgrades or corrections thereof, and all related Intellectual Property Rights will be exclusively held by the Company.
  • You agree that the Company or its licensors retain all right, title and interest in the Online Platform and no title to or ownership of intellectual property in the Online Platform, its features, functionalities, images, data, graphics or design is transferred pursuant to this Agreement.
  • You shall not reverse engineer or decompile the Online Platform.
  • The Company name and logo are trademarks of the Company. All other logos and marks of other organizations that appear on the Website are trademarks of their respective owners.

12. INDEMNITY

  • You agree to indemnify, defend and hold the Company, its affiliates and each of their officers, directors, employees and agents harmless from and against any and all damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses arising out of or resulting from any claims (i) relating to any Content provided, published or otherwise transmitted on the Online Platform including any violation or infringement of any third-party Intellectual Property Rights, claims of defamation, invasion of privacy, a) right to publicity or unfair competition; or (ii) that any Product offered for sale by You infringes any patent or trademark of any third party; or (iii) any allegation that any injury or damage to any End User was caused by the Products sold by You or the services provided by You or such injury or damage is related to the use of the Product sold by You or services provided by You; or (iv) any claims regarding quality, quantity and any claim in relation to any Product sold or services provided by You; (v) the breach of any of the warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under a separate agreement entered into with the End Users in relation to sale of Products or provision of Services or arising out of You infringing any applicable Laws; or (vi) breach of the terms of these Terms of Use.
  • The Company does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in operating conditions, Internet connectivity, third party software components and other reasons beyond the control of the Company that could result in the loss of Content or unavailability of Services or loss of any other information relating to transactions carried out through Online Platform.
  • To the extent permitted by applicable law, the Company disclaims any and all warranties not expressly stated in these Terms of Use including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • The Company (nor its employees, agents, suppliers or affiliates) shall not be liable to You (nor to Your employees, agents, suppliers or affiliates) for any lost profits, or any indirect, special, incidental, or consequential loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the provision of Services, even if the Company has been advised or should be aware of the possibility of such damages. In no event shall the Company be liable to You for any punitive damages.
  • You acknowledge and undertake that You are accessing this Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Online Platform. We shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of conditions, representations or warranties provided by any User in connection with the sale of Products or provision of services. We shall not mediate or resolve any dispute or disagreement between You and any other User.

13. SUSPENSION AND TERMINATION OF ACCOUNT

We may terminate, suspend or limit Your access to Your Account or block devices using Your IP address from accessing the Website:

  • if We determine, in our sole opinion, that You have breached Your undertaking regarding the Content set forth in Paragraph 8 (Content) of these Terms of Use;
  • if We determine, in our sole opinion, that You have misrepresented any information You provide us;
  • if You are in breach of any term of these Terms of Use;
  • If We are required to do so by the Law.

14. JURISDICTION

You agree that any dispute or claim related to Your use of the Website is subject to the exclusive jurisdiction of the courts of Bengaluru, India, and will be adjudicated as per the laws of India for the time being in force.

YOUR HOME – GET INSPIRED!
FIND PRO’S! SHOP!
Homergize © 2016-17. All Rights Reserved