1.1. We thank the user for visitingwww.designmee.in. By accessing or using www.designmee.in website or the mobile application or any other media ("Website"), whether automated or otherwise, user, a registered or a guest user, in terms of the eligibility criteria, set out herein, user (“User”) agrees to be bound by these Terms and Conditions (“Terms”)
1.2. In these Terms, references to "user", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. and references to the “Website”, "Designmee.in", “Designmee.”, “Naveli” "we", "us" and "our" shall mean the Website and/or Naveli Collections Private Limited, its affiliates and partners (as applicable).
1.5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by user contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.6. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
1.7. The Website ‘DesignMee.in’ is operated by Naveli Collections Private Limited. A company incorporated under the laws of India having its registered office at D-86 100 foot road Chatarpur Enclave, New Delhi - 110074. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.8. Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to third party/ partner’s terms and conditions. In addition to the above, some areas of the Website may contain content provided by our third party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third party partners.
1.10. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, user accept the Terms as modified.
1.11. These Terms will continue to apply until terminated by either User or
‘Designmee.in’ in accordance with the terms set out below:
1.11.1. The agreement with Designmee can be terminated by (i) not accessing the Website; or (ii) closing User Account, if such option has been made available to User.
1.11.2. The above clause shall also apply to any additional Terms applicable to the use of the Website and Designmee reserves the right to terminate access to the Website (including any services offered as part thereof);
1.12. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
2.1. Use of the Website is available only to such persons who are legally competent to enter into a contract as per law of the land.
2.2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain services/benefits, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If user wishes to register self with the Website, user shall be required to create an account by registering through Facebook, Gmail or by filling in the details prescribed in the Website registration form. User will then receive a password and account designation upon completing the Website's registration process. User is responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under user password or account. User agrees to (a) immediately notify the Website of any unauthorized use of user password or account or any other breach of security, and (b) ensure that user exit from user account at the end of each session. Designmee.in cannot and will not be liable for any loss or damage arising from user failure to comply with this Section or for any losses occurring thereto. User, as the User, waive any claims against the Website for any loss and damage suffered by user on account of user’s failure to comply with the Terms and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Designmee be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Designmee in this regard.
4.1. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
4.2. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
6.1. The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in the currency of the Country where the User resides. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
6.2 No delivery shall be made effective, in case of Cash on Delivery, unless payment has been made fully by the User to the person Authorized to deliver the product and collect the payments made thereon.
6.3. Designmee.in may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.
6.4. While availing any of the payment method/s available on the Website, the Website
will not be responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to the User due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
3. Any payment issues arising out of the transaction, or
4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
5. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
6.6. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products. Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
6.7. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
7.1. All Products purchased from the Website shall be delivered to the User by standard courier services by Designmee.in through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. A nominal fee, i.e., fixed charges to be charged upon delivery on COD, may be charged on cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
7.2. The logistics partner supported by Designmee.in will make a maximum of three attempts to deliver user’s order. In case the User is not reachable or does not accept delivery of products in these attempts Designmee.in reserves the right to cancel the order(s) at its discretion.
7.3. An estimated delivery time shall be displayed on the order summary page. On placing user order, user will receive an email containing a summary of the order and also the estimated delivery time to user location.
7.4. Sometimes, delivery may take longer due to inter alia:
1. bad weather
2. flight delays
3. political disruptions
4. other unforeseen circumstances
7.5. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
7.6. However, in case where a damage has been caused to the Products ordered, Designmee shall replace the products as per the replacement policy as may be indicated on the Website along with the Product.
7.7. The deliveries of the Products shall be made effective without any territorial limitations.
7.8. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
7.9. Designmee.in shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by user, as soon as the order is successfully cancelled.
8.1. However, no Products will be accepted if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if the product returned is not the Product that was delivered (d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time. However, it Is pertinent to note that any replacement has to be notified to the Website within 14 days from the time of the delivery to the User.
8.2 We offer no refunds in any case of a custom-made products as we cannot re-use or re-sale for the individual according to their custom design), there is no resale value, and thus we are not required to accept returns, unless there is any deviation from the specifications provided by the Customer in the product delivered by the Website.
8.3. In case of returns:
1. Return/size exchange should be initiated within 14 days of order delivery.
2. The tags on the product should be intact.
3. The product should be unwashed, unused and in an undamaged condition.
4. The item needs to be returned along with the original packaging.
8.4. Refunds shall be against a valid RVP slip/written confirmation from the courier company that the RVP has been done for a particular shipment/order.
8.5. In case of any discrepancy in the status of reverse pick up of a Product, (where the Users claims the Product has been returned, while our system suggests otherwise) refund will be initiated only if the Users successfully furnishes the RVP slip given at the time of the pick-up.
8.6. Designmee.in will not be liable for the products returned by mistake. In circumstances where a product not belonging to Designmee.in is returned by mistake, Designmee.in is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
8.7. Size exchange can be availed and if there is a price differential, the same will have to be paid by the customer. Please take note that this is applicable only on Products that are exchangeable, as mentioned on the product page.
8.8. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
8.9. All Products ordered by the User shall be eligible to be replaced in accordance with the Designmee replacement policy as indicated herein above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website. Designmee.in will accept return or size exchange of a Product only in accordance with the returns policy of the respective product/ section.
8.10. Where the Product replaced is of a higher value than the Product returned, the User shall be liable to pay the differential charges by way of any of the payment method mentioned herein
8.11. Where the Product replaced is of a lower value, the Website may at its discretion issue a voucher or credit note for the differential value and the User that may use such voucher, subject to terms and conditions stated therein, for another transaction on the Website.
8.12. Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund of the product value, without any interest or damage, in any bank account via NEFT (for which the User shall have to share the bank details).
8.13. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
8.14. The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
8.15. All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
a) To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Designmee.in reserves the absolute right to cancel all past, pending and future orders without any liability. Further, in case of suspicious transactions, Designmee.in reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity
b) Designmee.in also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order.
c)We may contact user if all or any portion of user’s order is cancelled or if additional information is required to accept user’s order.
d)If user’s order is cancelled after user’s card has been charged, the said amount will be reversed to user’s account. Any promotional voucher used for the cancelled orders may not be refunded.
9.2. The User may be considered fraudulent if inter alia any of the following scenarios
1. Misuse of another User’s phone/email
2. User uses invalid email and phone no.
3. Overuse of a voucher code
4. Use of a special voucher not tagged to the email ID used.
5. User returns the wrong product
6. Users refuses to pay for an order
7. Users is involved in the snatch and run for any order
9.3. The User may be considered loss to business if any of the following scenarios are
1. User with a very high return rate
2. Invalid/Incomplete address cases
3. Repeated request for monetary compensation for petty issues
Account for the Users falling in fraudulent or loss to business category may be blocked. Such an act of blocking the accounts shall not spare the User falling in such categories, from any liability, if any, as per law of the land. Any credits earned through loyalty or referral program will be forfeited in such case.
9.4. Designmee.in may cancel any orders that classify as 'Bulk Order' under certain
criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if
it meets with the below mentioned criteria, and any additional criteria as defined by
1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address, depending on the product category
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order Any promotional voucher used for placing the 'Bulk Order' may not be refunded
9.5. If a User raises a complaint for partial item/partial order:
1. The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
2. An Email will be sent seeking/providing following information:
o Short description of the case (A few questions will be asked to help us understand the scenario).
o The snapshots of the packet and other box (If any)(Try to cover the sides which look tampered/damaged as per the Users)
o The refund for prepaid orders will be done after investigation
3. The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
o Users fails to provide adequate information about the case
o Users fails to provide snapshots of the packet and box (if any)
o If an opened delivery was received, pilferage claims must be made the same day
o Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up user packaging for investigation at our end.
10.1. User agrees and undertakes to use the Website only to post and upload
messages and material that are proper. By way of example, and not as a limitation, user
agree and undertake that when on the Website, user will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless user own or control the rights thereto or have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that user know, or reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
11. exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.
12. User shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.
11.1. Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and domestic geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
11.2. All IPR on the Website exclusively belong to Designmee. Under no circumstance shall any User infringe in any way such IPR of the Website, or pursuant to its use of the Website for any purposes whatsoever.
11.3. All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Naveli Collections Private Limited and/or its affiliates as the owner of such domain name.
11.4. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
11.5. Every User hereby grants Designmee.in a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Designmee shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
11.6. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the third-party owner of such Intellectual Property Right.
12.1. The User hereby indemnifies, defends and holds harmless the entity owning and
operating the Website, its subsidiaries, affiliates, vendors, agents and their respective
directors, officers, employees, contractors and agents (herein after individually and
collectively referred to as "indemnified parties") from and against any and all losses,
liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and
expenses (including legal and other statutory fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by the
indemnified parties that arise out of, result from, or in connection with :
1. The User’s breach of these Terms; or
2. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
4. Violation of any rights of any third party by the User, including any IPR. Each an “Indemnity Event”
12.2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
12.3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
12.4. Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/Seller to the Website under the relevant order to which the cause of action for the liability relates.
12.5. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
13.1. While using the Website, the User specifically undertakes not to host, display,
upload, modify, publish, transmit, update or share any information or content that:
1. belongs to another person and to which the User does not have any right to;
2. 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 whatsoever;
3. harms minors in any way;
4. impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
5. threatens the unity, integrity, defense, 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 of any other nation;
6. infringes any patent, trademark, copyright or other IPR;
7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
13. use the Website or content therein for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. violate any applicable laws or regulations for the time being in force within or outside India; and
17. violate the terms of these Terms.
13.2. In certain cases, where the User requires certain services in relation to the Products, the User shall directly contact the customer care desk at DesignMee and the team shall in turn resolve the concern.
13.4. The User acknowledges that there may be certain orders that the Website is unable to process or or which the Website must cancel owing to various reasons such as non- availability of the Website service, force majeure, credit limitations or suspected fraud etc.
13.5. The User shall use the Website and purchase any Products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.
13.6. The User may need to install updates that the Website or any third party may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
13.7. The User agrees that it shall solely be responsible towards the Website and to any third party for any breach of its obligations under these Terms and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
14.1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
14.2. For any reporting in respect of the aforesaid, the User should contact the Website at email@example.com
15.1. User feedbacks or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
15.2. The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
15.3. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
15.4. In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
15.5. By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising herefrom.
For the purpose of delivery of the products/items listed on the Website, the jurisdiction shall vest with the place where the parties to the Agreement resides or works for gain.
18.1. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
18.2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website, as defined in Clause 1.3. (The list of the Arbitrators should be provided by the Website). The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
Designmee does not promise that the site or any content, service or feature of the site will be error- free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. We cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Designmee disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Designmee disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of our services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Designmee for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
Designmee reserves the right to do any of the following, at any time, without notice:
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail to contact@Designmee.in.(Or through a written notice by Registered Courier, Fax, etc on the mailing address where the Company actually is in existence).
Assignment: This Terms shall not be assigned or otherwise transferred by the User. However, the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void or is voidable, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.