This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name livspacestore.com (“Website/Site”) is owned and managed by M/s Home Interior Designs E-Commerce Private Limited a company duly registered and incorporated under the Companies Act, 1956, having its registered office at 3rd Floor, Aurbis Business Parks, Survey No 58,7, Outer Ring Road, Bellandur, Bangalore, Karnataka – 560 103 (“Company” for reference hereinafter). For the purpose of the understated terms and conditions, wherever the context so requires "We/we" or "Our/our" or "Us/us" or “[livspacestore.com]” or “Service Provider” refers to Company and shall include its successors and assignees.
GENERAL USER ELIGIBILITY INFORMATION:
You/you" or “Your/your” or “Yourself/yourself or User” shall mean reference to the Prospect or Customer or his/her representative and any other natural or legal person who has agreed to become a subscriber on the Website by providing information on the Website or accessing the Website and who is competent to enter into a legally binding Contract under the “Indian Contract Act, 1872. Any person who is not competent to enter into a legally binding contract including minors, un- discharged insolvents, persons of unsound mind etc. are not eligible to use this App and website. This App and website are intended for individuals who are 18 years of age or above. By accessing or using this App and website or the services rendered by this App and website in any manner, the App User and the Website User warrants that he/ she is 18 years of age or above.
When you access the Website or register emails or other data, information or send communication to us, you expressly agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
If you do not agree to these terms, we kindly request you not use the Website or review information or subscribe or purchase any product offered by the Website.
AMENDMENTS TO THE USER AGREEMENT
EXTERNAL LINKS PRESENT ON THE WEBSITE:
At many places in this Website, you shall find links to other websites/portals. These links have been placed for your convenience. We are responsible for the contents and reliability of the linked websites and does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on this website should not be assumed as endorsement of any kind. We cannot guarantee that these links will work all the time and we have no control over availability of linked pages.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third-party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
Fees and Services
Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfilment, call centre, payment collection and other services.” Accordingly, the Platform through various third-party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
SERVICES AND USE OF WEBSITE
We are engaged in managing and operating the Website, which provides an online marketplace that merely facilitates purchase and sale of products including, but not limited to a variety of furniture and home décor products between buyers and sellers. We are merely an intermediary and do not offer for sale any product under our name and/ or under a brand name owned by us.
For further information, please refer to the About section on the Website.
Through this Website, any User can purchase furniture and home décor products and such other products as may be offered through our Website from time to time. All products listed or promoted on our Website and the description contents therein are advertised and listed by registered sellers and are third party user generated contents. livspacestore.com does not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. livspacestore.com neither develops/originates nor initiates the content nor selects the sender and receiver of the content, nor selects or modifies the information contained on the Website. We have no control over the third-party user generated contents and do not provide any guarantee with respect to any such contents and we shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content. The product pictures are indicative/illustrative purposes and may not exactly match the actual product including but not limited to colour, texture, pattern or design as the case may be. You shall access the Website and transact at your sole risk and shall use Your best and prudent judgment before entering into any transaction through this Website. livspacestore.com is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. The information from or through the website is provided ''as is,'' ''as available,'' and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third-party user generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Platform has no control over the third-party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- You are solely responsible for Your Information, and the Platform and the Website act only as a passive channel for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which You do not have any right to.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Harm minors in any way.
- Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
- Violates any law for the time being in force.
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonates another person.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Is false, inaccurate or misleading.
- You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
- You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India.
COMPLIANCE OF LAWS
Therefore, every User of this Website/App shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any product or service through the Website/App.
PERMITTED USE OF WEBSITE
You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if it is believed that customer conduct violates applicable law or is harmful to our interests.
Under no circumstances you must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website nor breach the security or authentication measures on the Website or any network connected to the Website.
You shall not make any defamatory statement(s), comment(s), negative or derogatory remarks about the Company or the brand name or domain name used by the Company, or otherwise involve yourself in any behaviour or action that might tarnish the image or reputation, of the Company and/or the goodwill associated with such trade or service marks, trade name as may be owned or used the Company.
USER ACCOUNT AND REGISTRATIONS
For accessing the Services of the Website including but not limited to purchase/sale of products, providing testimonials, reviews and ratings etc. you will be required to register yourself on this Website by creating an Account and providing us information including but not limited to name, contact number, email address, shipping address etc. This will enable the User to access their accounts through the “Your Account” part of the Website and manage their email address and shipping addresses and view their existing or past orders. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with livspacestore.com and (b) provide true, accurate, current and complete information about yourself when we request it. If upon confirmation your details are found to be wholly or partly untrue, we have the right and sole discretion to reject the registration and restrain you from using the Website without any prior intimation or notice. When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies.
All information may not be required if you are accessing the Website as a Guest User. But in such cases, you will not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, you will not be eligible for credits/points/promotional offers, coupons] and such other benefits that are not assignable to a non-registered user.
However, maintaining the confidentiality of your account details, user id and password shall be solely your responsibility. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. If there is any reason to believe that the security or privacy of your account has been breached, you should contact us immediately at the ‘Contact Us’ tab provided below. In the event of any breach or suspected breach of the security of your account is found at our end, we may require you to change your password, temporarily or permanently, block or suspend your account without any liability to the Company.
The Company in its sole discretion, reserves the right to terminate this agreement and/or access to the services of the Website for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through restriction of cash on delivery option, we will no liability to provide you with prior notice of our actions. Further, you acknowledge that our decision to take certain actions, including limiting access to your Account, placing holds or imposing restriction, may be based on confidential criteria that is essential to our management of risk. You agree that the Company is under no obligation to disclose the details of its risk management or its security procedures to you.
You may terminate this agreement with the Company at any time by deactivating your account through an email sent to us at firstname.lastname@example.org requesting the same.
LICENSE AND WEBSITE ACCESS (retained as in Client’s website)
The Company grants you a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by the Company.
Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner
All graphical, textual and any other content appearing on this Website, unless otherwise noted, are the property of the Company.
Trademark. All URLs, logos and trademarks related to the Website/App, the look, feel and design of the Website interfaces, etc., and the selection and arrangements thereof are either trademarks or registered trademarks of the Company or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company (“Trademarks” for reference hereinafter). The Company is the sole owner of the Trademarks and you may not copy, imitate, or use them without our prior written consent. Further you agree not to interfere with our rights in the Trademarks, including challenging our use, registration or application to register the Trademarks, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
You may view, copy, print and use content contained on this Website solely for your own personal use and provided that: (1) the content available from this Website is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Website is modified in any way; (3) no graphics available from this Website are used, copied or distributed separate from accompanying text; (4) no content available from this Website may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon the Company, its products, its employees or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
All third-party Trademarks advertised or displayed on the Website belong solely to the respective third party and we do not have any rights over such third-party trademarks. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.
We hold no liability for violation of any intellectual property rights by third party vendors or sellers or any content uploaded or published by any User on our Website.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Company has to the best of its ability taken reasonable efforts to safeguard the accuracy and integrity of information and related materials on this Website, but nonetheless, the Company cannot be under any circumstance be held responsible for typographical errors, out-of-date information, technical or pricing inaccuracies appearing, or for reliability, accuracy, completeness, timeliness, performance, fitness for a particular purpose, functionality, safety, merchantability, quality, suitability, legality of the products listed or transacted, or the content (including product, pricing and/or specifications) of the Website at any particular time or location. Information and related materials are subject to change without notice.
You understand and acknowledge that livspacestore.com is acting only as an intermediary (as per definition under the Information Technology Act, 2000 and rules framed thereunder), between you and the seller and will not be held liable for any act of seller or other third party service provider.
Without prejudice, it is agreed by You that livspacestore.com including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 5,000/- (Rupees Five Thousand) subject to applicable law in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.
You hereby expressly release the Company, its affiliates and/or any of its officers and representatives from any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions or inactions of the other Users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
In accordance with the provisions of the Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Shailesh Saraogi
Address: Home Interior Designs Ecommerce Private Limited,3rd Floor, Aurbis Business park, Survey No.58, &, Outer Ring Rd, Devarabisanahalli, Bellandur, Bengaluru, Karnataka 5600103
Phone Number: 8588849460
Email Address: email@example.com
In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at firstname.lastname@example.org
Once you raise an issue an Online Design Consultant gets notified. After analyzing it internally, our representative calls you within 48 hours, to either initiate a resolution or ask for more information. Internal teams would then be notified, who would deep dive into the same and come up with a resolution. Alongside, senior management would be intimated to ensure transparency and concurrency.
The use of our website and the product purchase contracts through the Website shall be governed by the laws applicable in India.
If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Bangalore. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings