These terms and conditions are the “Terms and Conditions” that apply to the Makemycasa Website. Please carefully read these Terms and Conditions, before using the Makemycasa Website.
This Agreement is between you, the person or company using Our Services (“You”, “Your”), and Casa International Private Limited. (“Makemycasa”, “Us”, “We”, “Our”) governing your use of the Makemycasa Website (the Service). References in this Agreement to “You” or “Your” are references to You in the capacity of either a Designer or Client, or both (as relevant).
1. Definitions and interpretation
Definitions In this Agreement, unless the context otherwise requires:
“Agreement” has the meaning given in clause 2 of this Agreement;
“Client” means a person or entity that registers with Us as a “Client” in accordance with Our registration procedure;
“Confidential Information” means the confidential information of a party which relates to the subject matter of this Agreement which is not already in the public domain through no breach by the recipient of its obligations of confidentiality owed to the discloser; “Designer” means a person or entity that registers with Us as a “Designer” in accordance with Our registration procedure;
“Fees” means the fees payable for using Our Services, as set out on Makemycasa Website, as amended from time to time;
“GST” means applicable goods and services tax or any similar tax;
“Intellectual Property Rights” means all industrial and intellectual property rights including, but not limited to, copyright, trademarks, patents, circuit layouts, designs and confidential information and know how;
“Our Intellectual Property Rights” has the meaning given in clause 8 of this Agreement;
“Our Services” means the service provided by Us pursuant to this Agreement, and through “Term” means the duration of this Agreement, as specified in clause 3 of this Agreement;
and
“Your Content” means all content and materials uploaded, provided or submitted by You or on Your behalf to the Makemycasa Website or otherwise in connection with Our Services, including any logos, designs, images, documentation, written and/or audio-visual content, music, recordings, photographs, illustrations, information or specifications.
Interpretation
The following rules of interpretation apply to this Agreement unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and conversely;
(c) a gender includes all genders;
(d) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(e) the words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not used as nor are intended to be interpreted as words of limitation;
(f) a reference to a person includes a body corporate, an unincorporated body or other entity and conversely;
(g) a reference to a clause or schedule is to a clause or schedule to this Agreement;
(h) a reference to any party to this Agreement or any other agreement or document includes the party’s successors and assigns;
(i) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, where applicable, in accordance with this Agreement or that other agreement or document;
(j) a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;
(k) a reference to conduct includes, without limitation, any omissions, statement or undertaking, whether or not in writing.
2. Terms of Use
Your use of Makemycasa Services is subject to Your agreement to and compliance with the terms of this Agreement.
2.1 By registering on any of the Makemycasa Website and using any of Our Services You indicate Your acceptance of the terms of this Agreement, and represent and warrant that;
(a) You are at least eighteen (18) years old and capable of entering into a legally binding contracts under applicable law.
(b) You are solely liable and responsible for Your Content;
(c) You have the right, power and authority to enter into this Agreement and grant the rights granted in this Agreement (as applicable);
(d) If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then You represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such Subscribing Entity to this Agreement and (ii) agree to be bound by this Agreement on behalf of such Subscribing Entity ;
(e)You shall comply with all applicable laws in Your performance of Your rights and obligations under this Agreement;
(f) none of Your Content infringes the Intellectual Property Rights or any other rights of any person;
(g) Your Content is not the subject of any claim, demand, action or legal proceeding or to Your knowledge any potential or pending claim, demand, action or proceeding;
(h) You have used your full and correct name in creating Your profile and when using the Makemycasa Website (for example, when submitting brief(s), quotes and work(s));
(i) Your Content does not contain material that is obscene, illegal, offensive, upsetting, hurts religious sentiments, defamatory or in any way unsuitable for people under the age of eighteen (18) years old; and
(j) You are solely responsible for any third party payments or royalties payable in respect of Your Content.
(k)Designer acknowledges that Your Content on Makemycasa Website, belongs solely and exclusively to You and You have the right to sell or display the same on Makemycasa Website
2.2 We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change the eligibility criteria at any time.
2.3 We may amend this Agreement (including Our Services) at any time, and will update the applicable part of the Agreement on the Makemycasa Website in respect of such amendments. All such amendments will be effective as of the date of publication of the updated applicable part of the Agreement on the Makemycasa Website. Your continued use of Our Services, after such amendments are made, shall be deemed to be acceptance of the amended terms.
3. Term
The Term of this Agreement commences on the date on which You register with Makemycasa on the Makemycasa Website and continues until it is terminated by You or Makemycasa in accordance with this Agreement.
4. Our Services and Our Website
4.1 The Service is a platform enabling people seeking interior design services (“Client”) to find and select architects / interior designers (“Designer”) (both Clients and Designers are “User”).
4.2 The Makemycasa Service is an online Service offering where Client(s) seeking a design or work can post Brief(s) in relation to a Project and seek to obtain Submission(s) from Designer(s) to such Brief(s), and third party manufactures can offer their products and services and this platform includes communication tools, including the use of an Makemycasa e-mail address (e.g. @makemycasa.com) in each case in accordance with this Agreement.
4.3 Anyone may browse the public-facing pages of the Service and take a style survey, However, when registering to use the Makemycasa Website and Our Services, You must register yourself as either a “Designer” or a “Client”, and create an account with Makemycasa Website.
Client To become a Client, you must provide your pin-code, phone number, email address, name and a username and password You may also register by connecting to your social network. You will also take a style survey (to help us determine your preferred design styles, color and taste) and select from a variety of design packages which will include a ‘Design Box’ consist of mood board, layout plan, elevation plan, costing sheet and instructions list from your selected Designer (as defined below) (such packages, “Design Packages”) based on your space and budget.
Designer To become a Designer, you must submit an application to Makemycasa for approval. Each application will consist of your resume and designs portfolio, Design applications must be submitted via the Website or by email when instructed by Makemycasa. Makemycasa will respond to all applications as soon as possible, typically within 7 business days. Makemycasa’s decision to accept or reject any application is within its sole and exclusive discretion and Makemycasa is under no obligation to accept any designer. If accepted, and on Designer accepting to adhere to the terms and conditions of this Agreement, Makemycasa will generate a profile for the Designer on the Service which will feature a picture and portfolio of the Designer, both subject to the license grants for your Content.
4.4 Consent to Use of Data.
You agree that Makemycasa may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy for more details regarding the information Makemycasa collects, and how it uses and discloses that information.
4.5 On registering with Makemycasa Website as either a “Designer” or a “Client” you shall be entitled to the Makemycasa Service
For a Designer, the Makemycasa Service includes the ability to:
(a) create, post, or share content, such as design submissions and pictures for Your Profile and modify Your Profile;
(b) submit Works through the Makemycasa Website; and
(c) submit Quote(s) and Works to Client(s) through the Makemycasa Website.
(d) notify Client that You wish to withdraw a Submission (and applicable Work(s)), provided that Client has not previously selected the same Work(s) as the Winning Work or approved Work and/or that Designer has not been paid for such Submission (and applicable Work(s)) in accordance with this Agreement. In the event paragraphs (a) or (b) above apply, Client must no longer view that Submission (and/or the applicable Work(s)) and it has no rights in respect of the Submission (and the applicable Work(s)) including any right to pay for or use the Work(s).
For a Client, the Makemycasa Service includes the ability to:
(a) post Brief(s) requesting architectural or interior designs through the Makemycasa Website; and/or
(b) purchase Works from Designers through the Makemycasa Website .
4.6 “Client Content” and “Designer Content”; hereinafter referred to as “Your Content”) Makemycasa claims no ownership or control over Your Content, You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service You are responsible for protecting those rights. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in this Agreement, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party (iv)You shall be responsible to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service, You also acknowledge and agree that Your Content is non-confidential. You further represent and warrant to abide by the requirements stipulated in the Quality Standard Requirements. Please see the Quality Standard Requirements for more details
4.7 Makemycasa reserve the right, at Our sole discretion, to deny a Brief from being posted on the Makemycasa Website and/or remove a Brief from the Makemycasa Website.
4.8 Makemycasa may, but is under no obligation to review any Brief for accuracy, completeness of information, quality and/or clarity.
4.9 Account Security Your account and Your Content is personal to you, and you may not share your account information with, or allow access to your account by, any third party As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Makemycasa by e-mail to info@makemycasa.com You will be solely responsible for the losses incurred by Makemycasa and others due to any unauthorized use of your account.
4.10 Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
5 Design Projects.
5.1 A Client wishing to engage a Designer and purchase a Design Package through the Service will initiate a request for proposals (a “Project”) for Designer(s). The Project will provide the Client with an opportunity to select from a variety of custom designs that will make up the interior design portion of the Design Package (design, the “Custom Design”).
5.2 Entering the Project: At first Designer(s) to respond by agreeing to participate in this Project (the “Entrants”). Makemycasa will use matching technology to match three Entrants for the Client’s consideration. In case Client requests for change in the matched Entrants, Makemycasa will change Entrants maximum three times. Client will select two Designer(s) from the matched Entrants. The two selected Designer(s) will have to submit the First look (layout and two Mood board styles) within 6 days after being shortlisted by the client based on the design brief provided by the client.
5.3 The Winning Designer: The Client will review the First look and respond to any questions during the Project All questions asked and responses made during the Project will be viewable by Entrant. Client will select the winning Designer.
5.4 Design phase: The Client will work with Winning Designer. During this phase Client and Winning Designer will communicate / collaborate online on Makemycasa platform. The iteration/design period, will be of 15-20 days of the end of the Project Term
5.5 Design Box: The Winning Designer will promptly submit ‘Design Box’ to the Client consisting of floor plan, Mood board, elevation plan, costing sheet, instruction list and answers to any of the Client’s questions.
5.6 Additional Services from Makemycasa
Turnkey execution Service. Winning Designer(s) may offer to Client(s) with Turnkey execution service (“Turnkey”) for a fee, which will be set forth on the Service. If you request such Turnkey through the Service, you are consenting to Makemycasa providing Winning Designer(s) with your Personal Information, as specified in the Privacy Policy, as needed to perform the Turnkey.
Project Management Consultancy. Winning Designer(s) may offer to Client(s) with Project Management Consultancy (“PMC”) for a fee, which will be set forth on the Service. If you request such PMC through the Service, you are consenting to Makemycasa providing matched Designer(s) with your Personal Information, as specified in the Privacy Policy, as needed to perform the PMC.
6. Fees; Payments.
6.1 Clients.
6.1.1 Fees. The fee (the “Fee“) to be charged to the Client for each Design Package will be set forth on the Service. The Fee is due and payable in advance of Client’s initiation of a Project. Project will be initiated on receipt of payments in full. You acknowledge that payment of the amount of the Project to Makemycasa is not considered a payment to Makemycasa but is a payment to the successful Designer(s) in accordance with this Agreement, subject to Makemycasa commission (as set forth on the Service).
6.1.2 Payments. The Service currently uses third parties to process payments our third-party payment processors accept payments through various debit and credit cards, as detailed on the applicable payment screen all monetary transactions on the Service take place in Indian Rupees (INR).
Refund: The Service will offer any Client a full refund for a Design Package until the earlier of Client select the two Designer(s) from the Match Entrants. To obtain a refund, send an email to customercare@makemycasa.com.
6.2 Designers
6.2.1 Makemycasa will pay Winning Designer an amount equal to the Fee, less Makemycasa commission (as set forth on the Service).
6.2.2 Upon selection as a Winning Designer and on the Client acceptance of the Winning Designer’s Design Box, the Winning Designer will raise an invoice on Makemycasa for an amount equal to the Fee, less Makemycasa commission (as set forth on the Service).
6.2.3 Makemycasa shall make payments to the designated account of the Designer (Designer shall ensure that the bank account details provided to Makemycasa are accurate) within 15 days of receipt of invoice.
6.3 Designer(s) and Client(s) must pay to Makemycasa the Fee and any other charges as contemplated by this Agreement or on Makemycasa Website at the rates and/or in the manner specified and referred to in this Agreement or on Makemycasa Websites.
6.4 Designers and Clients must notify Makemycasa as soon as possible in respect of any changes to Your billing and account information.
6.5 Where Makemycasa is required to make a payment to You, either as a Designer or a Client, following the receipt by Makemycasa of fees received from another user of Our Services, You acknowledge that:
(a) Makemycasa may first seek to verify the legitimacy of any payments received from the other user;
(b) if, in Our reasonable opinion, We believe such payments are not legitimate (including, for example, payments made by the unauthorised use of a credit card), then We can retain and deal with such payments in our Own discretion; and
(c) the relevant transaction under which the illegitimate payment was received by Us will be deemed to be void, and We will not be required to make any payment to You as a result (but may, in Our discretion, make a payment to You equal to the whole or part of the amount which would have otherwise been due to You, depending on how we deal with the illegitimate payment).
6.6 The Fee charged to the Client and amounts paid to the Designer are exclusive of GST, VAT, Service Tax and other similar taxes (where applicable). Without limiting the foregoing, Designer and Client shall be liable for any taxes, duties or charges imposed in respect of Our Services (other than taxes imposed on Our income). For the avoidance of doubt, if the effect of any tax, duty or charge applied to the Fee is to reduce the Our revenue under this Agreement, the Fee will be grossed up such that Our revenue under this Agreement is not reduced. Makemycasa is not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
7 Scope of License to Users.
7.1 License Grant to You. The Service is licensed, not sold, to you for use only under the terms of this Agreement, subject to your complete and ongoing compliance with the terms and conditions of the this Agreement, Makemycasa hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website, solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
7.3 Your Use of the Service and Service Content:
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Makemycasa and its licensors Except for the limited licenses expressly granted to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Agreement, either expressly, or by implication, estoppel or otherwise. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this Agreement and shall at all times abide by the terms set forth herein.
You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Makemycasa’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Makemycasa’s express written consent:
(i) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
(ii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Makemycasa or obtained from the Service.
7.4 Applicability to Updates The terms of this Agreement will govern any updates provided to you by Makemycasa that replace and/or supplement the website, unless such upgrade is accompanied by a separate license or revised agreement, in which case the terms of that license or revised agreement will govern.
8 Intellectual Property Rights And Submissions
8.1 By submitting Your Content to the Makemycasa Website or in connection with the Makemycasa Service, You grant Makemycasa a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, alter, amend, publish, and display the submission (including without limitation the Briefs, Submissions and Works and any part thereof) on and in connection with the Makemycasa Website.
8.2 You must immediately advise Makemycasa of any infringement or threatened infringement, unauthorised use, or attack or threatened attack on the validity of any Intellectual Property Rights in connection with Your Content which may come to Your attention and provide to Us at Your cost such assistance as We may reasonably require in relation thereto.
8.3 You will indemnify, defend and hold harmless the Makemycasa, its affiliates and their respective officers, owners, directors, shareholders, partners and employees from and against any costs, damages, expenses, including, without limitation, attorney fees and costs, and any claims, suits or proceedings made or brought against the Makemycasa resulting from or arising out of (i) the breach by You of the terms of Service OR any employee or agent acting on behalf of You, hereunder; and (ii) any negligent or willful action by You OR any employee or agent acting on behalf of You, hereunder; and (iii) copyright, trademark or patent infringement; and (iv) Makemycasa agrees to give the You prompt notice of any such claim to which the indemnity set forth herein applies. You agree to defend all actions to which this indemnity applies and to conduct the defense thereof at Your expense and by qualified counsel, which counsel shall be reasonably satisfactory to Makemycasa.
8.4 Abuse of Copyright. You agree that You will report all intellectual property problems, offensive material or property violations to Us. If You believe Your rights have been infringed, You agree to email Us (with details of the same) at support@makemycasa.com.
9 Sending Messages Through the Service and Feedback
9.1 Users may message each other through the Service You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Makemycasa will utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at Support@Makemycasa.com. If We issue You, as either a Designer or a Client, with a password You must not reveal it to anyone else. You must not use anyone else’s password.
9.2 Designer must not contact any Client other than via the Makemycasa Website for a period of 90 days from the end of each applicable Project unless Designer is invited to by the applicable Client through the Makemycasa Website.
9.3 You acknowledge the other party’s rights to privacy and agree not to disclose the details of any Designer Content and/or Client Content to any third party (including without limitation to any other designer or client within the Makemycasa Website).
9.4 For the avoidance of doubt You must not use or attempt to use any third party’s confidential and/or personal information without the express consent from that person in respect of all such proposed uses.
9.5 Feedback: We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
10 Third Party Materials; Makemycasa Content.
10.1 You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials“), and data, information, applications, materials and other content from Makemycasa (collectively, “Makemycasa Content” and, together with Third Party Materials, but excluding Your Content, “Service Content“), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that Makemycasa shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
10.2 In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries Makemycasa makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
11 We warrant and represent that:
(a) We have the right, power and authority to enter into this Agreement; and
(b) We shall comply with all applicable laws in Our performance of Our rights and obligations under this Agreement.
12. Indemnity
You indemnify and hold Us (and Our directors and employees), harmless against all loss, damage, liability, costs and expenses (including legal costs) suffered or incurred by Us: (a) in respect of any claim or demand made by any person in connection with any of Your Content (as applicable) (including from a person’s use of Your Content); (b) in respect of any claim or demand made by any person in connection with Your use of any content obtained through Our Services; (c) in respect of any claim that any of Your Content (as applicable) infringes the Intellectual Property Rights of any person; and/or (d) in respect of Your (or any person claiming through You) use of the Our Services or Our Website or resulting from a breach of this Agreement by You and/or the violation by You of any law
13. Liability of Makemycasa
13.1 Changes to the Service Makemycasa Services and Makemycasa Website are provided “as is” and all guarantees, conditions and warranties expressed, implied or imposed by any legislation, law, or otherwise including, but not limited to, warranties as to products or services offered by businesses listed on the service, implied warranties of merchantability, fitness for a particular purpose, and non-infringement in relation to the supply of Our Services, Makemycasa Website or otherwise in connection with Our obligations under this Agreement are expressly excluded and disclaimed to the fullest extent permitted by law, except where such exclusion is prohibited by law. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
13.2 We make no warranty or representation that:
(a) Makemycasa Services, Makemycasa Website or any content made available on such will meet Your requirements or expectations;
(b) the use of Makemycasa Services, Makemycasa Website or any content made available on such will be uninterrupted, timely, secure, error free or virus free, or unable to be accessed by hackers, viruses or other harmful components;
(c) that results that may be obtained from the use of Makemycasa Services, Makemycasa Website or any content made available on such will be accurate or reliable;
(d) any errors in Makemycasa Services, Makemycasa Website or any content made as such will be corrected;
(e) the quality of any goods, data or service available on the service will meet your expectations; and
(f) any material obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
13.3 User Disputes We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service (including, without limitation, Designer and third party partners (including furniture or design item suppliers). However, to the extent disputes between users arise in connection with the use of the Service, Makemycasa reserves the right, in its sole and exclusive discretion, to mediate between the subject users to an effort to resolve the dispute. This includes disputes between Clients and Designers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Makemycasa of all claims, demands, and damages in disputes among users of the Service You also agree not to involve Us in such disputes Use caution and common sense when using the Service If you participate in an Installation, you are solely responsible for your interactions with other Users You understand that Makemycasa does not currently conduct background checks, including criminal background checks, on its Users Makemycasa makes no representations or warranties as to the conduct of Users IN NO EVENT WILL MAKEMYCASA (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Makemycasa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; (vi) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENT(S) OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENT(S) AND DESIGNER(S), HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO Makemycasa, (B) IF YOU ARE A DESIGNER, THE FEES PAID BY Makemycasa TO YOU, AND (C) Rs1000.
13.4 Content Accuracy We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.
13.5 Third-Party Websites The Service may include links to third party websites and applications You are responsible for evaluating whether you want to access or use them We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications You assume all risk and we disclaim all liability arising from your use of them.
13.6 We make no promises and disclaim all liability of specific results from the use of the Service.
13.7 No Employment Relationship Makemycasa is not an employment service and does not serve as an employer of any user. While certain Makemycasa employees may apply for and become Designers, any services or transactions engaged in by such Designers is solely in their independent capacity and not as an employee of Makemycasa.
13.8 No Agency Relationship: No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement or any terms herein. Without limiting the foregoing, except as expressly set forth herein, Makemycasa is not acting and does not act as an agent for any user (Designer or Client or otherwise) of the Service. No Designer or Client or any other user of the Service has any authority to bind or commit Makemycasa to any agreements or other obligations, absent Makemycasa’s prior written consent which may be granted or withheld at the sole discretion of Makemycasa.
13.9 Taxes You acknowledge and agree that you are solely responsible for complying with all applicable tax laws and regulations related to your use of the Service. Without limiting the foregoing, each Designer is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to any transactions made with any user of the Service. Makemycasa is not responsible for any taxes related to your use of the Service. The Designer represents that he/she has not registered under section 69 Finance Act 1994 for discharge of service tax as my aggregate value of taxable services provided for the previous financial year does not exceed Rupees Ten Lakh Only per annum as per notification no 33/2012 dated 20.06.2012. In case my aggregate value of taxable services in the current financial year exceeds Rupees Ten Lakh Only per annum, then I shall forthwith register under section 69 Finance Act 1994 for discharge of service tax and shall pay service tax as may be applicable. The Designer hereby irrevocably assures and undertakes to indemnify and save harmless Makemycasa from all actions, costs, damages, interest, penalties and presecutions arising from non-payment of service tax, as maybe due and payable in accordance with the provisions of the Finance Act 1994 (as amended from time to time)
14. Suspension or termination
14.1 Without limiting any other rights of termination under this Agreement and subject to clauses 14.5 and 14.6, You may close Your account with Us and terminate this Agreement at any time and for any reason on written notice to Us.
14.2 Without limiting any other rights of termination under this Agreement and subject to clauses 14.5 and 14.6, We may close Your account with Us and terminate this Agreement at any time and for any reason on written notice to You.
14.3 In addition to any other rights of suspension or termination under this Agreement, from time to time during the Term We may, without notice to You, suspend, disconnect or deny You access to any of Our Services if You fail to comply with any of Your obligations under this Agreement until the breach (if capable of remedy) is cured to Our satisfaction. If You breach the terms of this Agreement, We reserve the right not to make any payment to You, which you may otherwise be entitled to under this Agreement.
14.4 Any amounts paid to Us up to and including the date of termination will not be refundable.
14.5 If this Agreement is terminated You must immediately pay to Us all outstanding amounts owing to Us under this Agreement as at the date of termination. You must immediately cease all use of the Service. If you are a Winning Designer and terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.
14.6 Termination of this Agreement will not extinguish or otherwise affect any accrued rights or remedies of either party. The following clauses continue to apply after termination: Clauses Scope of License to Users (clause 7) Intellectual Property Rights And Submissions (clause 8), Indemnity (clause 12), Liability of Makemycasa (clause 13), Disclaimer (clause 15), Third Party Disputes (clause 16), Arbitration (clause17), Confidentiality(clause18)(inclusive).
15. Disclaimer.
Please be advised: Although Makemycasa administers the Design process (as described in greater detail below) and establishes certain terms for certain packages offered through the Service (including package features, pricing and options), Makemycasa is not otherwise a party to the design services and any other off-line transactions that may take place between Client and Designer. Makemycasa has no control over any claims made by Designers about the products or services they may offer or the truth or accuracy of the listings created by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers. Makemycasa does not conduct background checks regarding any Users (including any Designers) of the Service.
All Users acknowledge and understand that Makemycasa is not an employer, broker, agent or insurer for any Users of the Service, whether they be Designers or Clients. Makemycasa’s acceptance of a Designer to the Service should not be construed or otherwise deemed an endorsement or promotion of such Designer and its acceptance relied upon the Designer’s representation and warranty to Makemycasa of the accuracy of information submitted about such Designer. As the Service solely provided a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User’s own risk. Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available at link and is hereby incorporated by reference into this Agreement By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
16 Third Party Disputes.
Makemycasa IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
17. Dispute Resolution.
17.1 This Agreement shall be governed and construed in accordance with the laws of India.
17.2 It is hereby agreed by and between the parties hereto that in case any claim, dispute or difference arises between the parties in connection with this Agreement and/or in relation to the interpretation thereof, whether during the subsistence of this Agreement and/or at anytime thereafter, shall be first attempted to be resolved by negotiations between the Parties. In the event the Parties are unable to resolve the dispute by negotiations within a period of 30 working days of commencement of such negotiations or by any other date(s) as may be agreed mutually upon by and between the Parties hereto, the same shall be referred to a mutually appointed sole arbitrator and such arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be held in Mumbai and the proceedings shall be conducted in the English language. The parties agree that the arbitration award shall be final and may be enforced as a decree.
17.3 The Courts at Mumbai shall have exclusive jurisdiction for all disputes arising between the Parties herein.
18 Confidentiality
18.1 A party shall not, without the prior written approval of the other party, disclose the other party’s Confidential Information. A party shall not be in breach of this Agreement in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
18.2 Each party shall take all reasonable steps to ensure that its employees and agents do not disclose the other party’s Confidential Information.
18.3 The parties may disclose the other party’s Confidential Information:
(a) to its related companies, solicitors, auditors, insurers and accountants who require information for the purpose of this Agreement; or
(b) if required to disclose the information by law.
19. Miscellaneous.
19.1 Assignment You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Makemycasa Makemycasa may assign this Agreement, including all its rights hereunder, without restriction.
19.2 Consent to Electronic Communications By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
19.3 This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Makemycasa regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself .
19.4 All notices must be in writing and addressed to the relevant party at the address as provided pursuant to this Agreement.
19.5 Each party must take all steps as may be reasonably required by the other party to give effect to the terms of this Agreement and transactions contemplated by this Agreement.
19.6 This Agreement contains the entire agreement between the parties with respect to its subject matter.
19.7 Each party acknowledges that in entering into this Agreement it has not relied on any representation or warranties about its subject matter except as provided in this Agreement.
19.8 In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect You agree that no joint venture, partnership, employment, or agency relationship exists between you and Makemycasa as a result of this Agreement or use of the Service.
If you have any questions about the terms of this Agreement or any other matters, you can contact Casa International Private Limited by e-mail at support@Makemycasa.com, or by Post at Address.
The terms of this Agreement were prepared and posted on 23 Oct 2015.