PURPOSE

The website www.designgaatha.com is intended only to serve as a preliminary medium of contact and exchange of information for its users/members/visitors who have a bona fide intention to contact and/or be contacted for the purposes related to products &services provided by it.

COMPANY

Design Gaatha Home & Living LLP is a company which owns the registered brand name Design Gaatha Home & Living. Design Gaatha is in the business of selling luxury lifestyle retail products such as home, décor, soft furnishings, artwork and other similar goods and services.

Designgaatha.com (and related products) or service or product that is subscribe to or used (whether the same is paid for by you or not) is meant for the Purpose and only the exclusive use of the subscriber/registered user. Copying or downloading or recreating or sharing passwords or sublicensing or sharing in any manner which is not in accordance with these terms, is a misuse of the platform or services or products.Design Gaatha reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping your service or access and reporting to relevant authorities. In the event you are found to be copying or misusing or transmitting or crawling any data or photographs or graphics or any information available on designgaatha.com for any purpose other than that being a bonafide Purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.

ACCEPTANCE OF TERMS

The Terms & Conditions of Service (the "Terms") defined herein are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Design Gaatha website at www.designgaatha.com (the "Site") and any related mobile or software applications ("Design Gaatha Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future Design Gaatha users.

Please read these Terms carefully. By accessing or using the Design Gaatha Platform, you are agreeing to these Terms and concluding a legally binding contract with Design Gaatha Home & Living LLP and/or its affiliates (hereinafter collectively referred to as "Design Gaatha"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Design Gaatha Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

• Clicking to accept or agree to the Terms, where it is made available to you by Design Gaatha in the user interface for any particular Service; or
• Actually using the Services. In this case, you understand and agree that Design Gaatha will treat your use of the Services as acceptance of the Terms from that point onwards.

DEFINITIONS

User

"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services.

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data.

Your Content

"Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services.

Design Gaatha Content

"Design Gaatha Content" means content that Design Gaatha creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content.

Third Party Content

"Third Party Content" means content that comes from parties other than Design Gaatha or its users and is available on the Services.

ELIGIBILITY TO USE THE SERVICES

a) You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
b) You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

c) You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

d) You agree to use the data owned by Design Gaatha (as available on the Services) only for personal use/purposes and not for any commercial use unless agreed to by/with Design Gaatha in writing.

e) You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Design Gaatha, unless you have been specifically allowed to do so, by way of a separate agreement with Design Gaatha. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in the Services.

f) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

PROVISION OF THE SERVICES BEING OFFERED BY DESIGN GAATHA

1. Design Gaatha is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Products/Services which Design Gaatha provides, may require effecting certain changes in it, therefore, Design Gaatha reserves the right to suspend/cancel, or discontinue any or all Products/Services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. You acknowledge and agree that if Design Gaatha disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

3. You acknowledge and agree that while Design Gaatha may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Design Gaatha may set such fixed upper limits at any time, at Design Gaatha's discretion.

4. By using Design Gaatha's Services you agree to the following disclaimers:

a) The Content on this website is for informational purposes only. Design Gaatha disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Design Gaatha reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Design Gaatha. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Design Gaatha. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Design Gaatha.

b) The platform may contain links to third party websites, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if You chose to access these websites you do so at your own risk.

c) Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the pages on the Platform is for informational purposes only. Such Certification is displayed by Design Gaatha on an 'as available' basis. Design Gaatha does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and Design Gaatha in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations.

RESTRICTIONS ON USE

I. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:

a. Violate our Guidelines and Polices;

b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;

c. Constitutes an inauthentic or knowingly erroneous view, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.

d. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

e. Accuses others of illegal activity, or describes physical confrontations;

f. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);

g. Attempts to impersonate another person or entity;

h. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;

i. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

j. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, or other advertising materials;

k. Asserts or implies that Your Content is in any way sponsored or endorsed by us;

l. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;

m. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

n. Accesses or uses the account of another user without permission;

o. Distributes viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any software or hardware or electronic communications equipment;

p. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

q. "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;

r. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);

s. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

t. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

u. Collects, accesses, or stores personal information about other users of the Services;

v. Harms minors in any way;

w. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, 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;

x. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or

y. Attempts to do any of the foregoing.

 

II. You acknowledge that Design Gaatha has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

III. You hereby agree and assure Design Gaatha that the Design Gaatha Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s).

CONTENT

I. Ownership of Design Gaatha Content and Proprietary Rights:

a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Design Gaatha Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Design Gaatha and that you shall not disclose such information without Design Gaatha's prior written consent.

b. You agree to protect Design Gaatha's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Design Gaatha (or Design Gaatha's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Design Gaatha and that you shall not disclose such information without Design Gaatha's prior written consent. Unless you have agreed otherwise in writing with Design Gaatha, nothing in the Terms gives you a right to use any of Design Gaatha's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Design Gaatha; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Design Gaatha's Content in whole or in part except as expressly authorized by Design Gaatha.

d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

II. Your License to Design Gaatha Content

a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Design Gaatha Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Design Gaatha Content or our IP Rights.

b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

III. Design Gaatha License to Your or User Content

By submitting Your Content you hereby irrevocably grant Design Gaatha a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Design Gaatha or its Users, any third party services and their users.

IV. Representations Regarding Your or User Content

a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws

b. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Design Gaatha.

V. Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.

VI. Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.

a. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.

b. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Design Gaatha is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

c. Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.

d. You further acknowledge and agree that Design Gaatha is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

CHANGES TO THE TERMS

Design Gaatha may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Design Gaatha Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

TRANSLATION OF THE TERMS

Design Gaatha may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Design Gaatha. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

BILLING PROCESS

The price of our products as mentioned on Designgaatha.com is the Maximum Retail Price (MRP) for the mentioned product. All Products'MRP shall be inclusive of local taxes as are applicable in India. We charge GST on our products as required by Government of India. This is included in the price shown on the website. We may charge shipping cost as and when required. Also we might charge additional nominal charge for Cash on Delivery orders.

INABILITY TO PROCESS ORDERS

Design Gaatha reserves the exclusive right to refuse or cancel any order for any reason as and when they deem fit. Mostly this happens in the case of unavailability of stock or quality issues. The buyer shall be informed about the order cancellation and the payment made, if any, shall be refunded within 12 working days. We might contact you for verification of your orders and ensure prompt and accurate delivery.

PAYMENT & DELIVERY

Design Gaatha may employ Atom, Paytm and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cas0h on delivery transactions, as may be permitted by Design Gaatha which shall be at its sole discretion. Use of such third party services will be governed by third party policies. Design Gaathaattempts but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be disclaimed if Design Gaathafails to deliver any one or more products in the stipulated time frame.

FORCE MAJEURE

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

PRIVACY

Design Gaatha promises you that you and your personal information is utmost importance for us. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public

If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

TRADEMARKS & OTHER IP'S

Sole owner/Proprietor of all the designs, Copyrights & other IP's if any vest in the owners and proprietors of Design Gaatha& any violation/infringement/dilution & passing off shall attract serious legal consequences as all the IPR's related to the products as well as trade marks & look & appearance of website of Design Gaatha are legally protected.

PRODUCT DESCRIPTIONSS & SOURCING

We attempt to be as accurate as possible with our product description on designgaatha.com. However, Design Gaatha does not warrant that product descriptions or other content is accurate, correct, reliable, complete or error-free. Color of the product may be different from the image shown on designgaatha.com. If a product offered by Design Gaatha is not as described, your sole remedy is to contact Design Gaatha within 48 hours of receipt and Design Gaathareserves the right to provide a solution as per its discretion. Design Gaatha is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

Products displayed/ sold on the Design Gaathawebsite are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

DISCLAIMERS

The prices displayed on our website may differ from prices that are available in exhibitions or offline. Further the prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the website are subject to change without prior notice. From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Design Gaatha reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

WARRANTIES & LIABILITY

1. Disclaimer of Warranties

You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, Design Gaatha, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("Design Gaatha Parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the Design Gaatha Parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The Design Gaatha Parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from Design Gaatha or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by Design Gaatha, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

2. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Design Gaatha Parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, and/or (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or (iv) any interruption or cessation of transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (vi) any loss of your data or content from the services, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Design Gaatha parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, and/or (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services, and/or delay or failure in performance resulting from causes beyond Design Gaatha's reasonable control. in no event shall the Design Gaatha parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

3. Indemnity

You agree to indemnify, defend, and hold harmless the Design Gaatha Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You agree to indemnify and shall not hold Design Gaatha (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

BREACH

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.For any further clarification on any of the terms you are free to contact us by means of telephone and/or email as provided on this website.

ENTIRE AGREEMENT AND WAIVER

The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

GOVERNING LAW & JURISDICTION

The Terms and conditions mentioned above regulate the usage of designgaatha.com. Any person using designgaatha.com in violation of the stipulations contained in the Terms and Conditions of designgaatha.com shall render himself/herself liable to appropriate action in a court of law both civil and criminal.

The User/Visitor to our Website and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder. The said User/visitor to Designgaatha.com and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

If any dispute arises between a user/users and Design Gaatha arising out of use of Designgaatha.com or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

These Terms and Conditions shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in New Delhi, India.

GRIEVANCES & COMPLAINTS

Grievances can be addressed to us by emailing on designgaathagmail.com or calling on the customer care number as provided on this website (any working Monday to Friday 11AM-5PM).