Terms and Conditions
The website located at www.petalsartdecor.com (the “Site”) is a copyrighted work belonging to Petals Art Decor, GST No. 07ESKPS6194F1Z3.“Petals Art Decor“, “us“, and “we“). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent, such terms, guidelines, and rules conflict with these terms of use, these terms of use shall govern.
THESE TERMS OF USE (“AGREEMENT“) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Service
1.1. General
Petals Art Decor provides an online platform that helps connect customers who wish to purchase online interior design services and interior design advice (“Designer Recommendations “) by submitting information about their design projects, including photos and answers to questions (“Customers”) and designers who wish to provide such services (“Designers”), including, for example, responding to projects with Design Concept Preview Proposals (“Design Proposals”) and providing online interior design services including 3D room rendering, shopping list with links, paint colour palettes, mood boards, tips and implementation guide, floor plan, and to-do list (“E-Decor Package”). “User” means any user of the Site or Service, and maybe a Designer or a Customer. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are a Designer, the provisions in this Agreement regarding Designers apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you. “Winning Designer” means a Designer whose Design Proposal is selected by the customer in an E-Decor Project. “Buying Customer” means the applicable customer. “Sold E-Decor Package” means the applicable winning Design Proposal and contents of the E-Décor Package and online décor services. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents, and other intellectual property rights recognized by the laws of any country.
1.2. E-decor Project.
Customers may create an E-decor Project (“E-decor Project”) by creating a Decor Brief (“Decor Brief”), paying the Customer Payment, and following the other instructions on the site. There are currently two types of E-decor Projects: (1) the default Pre-Paid Project and (2) the Private Project. Designers invited by Petals Art Decor (in Petals Art Decor’s sole discretion) to enter an E-decor Project may submit Design Proposals (“Design Proposals”) in the format specified by Petals Art Decor by following the instructions on the site. Design Proposals must comply with the Petals Art Decor Quality Standards and Decor Brief. For Private Projects, the customer must select one winning Design Proposal or request more Design Proposals by a certain time specified by Petals Art Decor. If no proposal is selected for a Private Project, Petals Art Decor will retain the Customer Payment, Petals Art Decor will retain 50% of the Customer Payment and distribute the remaining 50% to the Designer who participated in the Private Project, and the customer will have no right to a refund or to use the Design Proposals. For Pre-Paid Projects, the customer must select one winning Design Proposal or ask for more Design Proposals by the time specified by Petals Art Decor. If no proposal is selected for a Pre-Paid Project, Petals Art Decor will retain the customer’s payment, and the customer will have no right to a refund. The customer has sixty (60) days after choosing their Winning Designer to work with that Designer unless otherwise specified by the Designer or Petals Art Decor before the project commencement. Customer may not: (a) Run an E-decor Project if Customer is tendering the creation of the same design through a service other than the site; (b) allow or request Designers to submit Design Proposals or online design services to the customer via any means other than via the site, and (c) colluded about the awarding of a winner in an E-decor Project or awarding a separate account held by the customer as the successful Designer in an E-decor Project. Customers and Designers must deal on an arm’s length basis. The customer may not contact a Designer that the customer meets through the site separately for any purpose, which results in the customer avoiding paying through Petals Art Decor for future projects with that Designer. Designers may not sell furniture or services to Customers other than through the Site. Refunds will be paid to Buying Customer using the same payment methods Buying Customer used to remit the Customer Payment to Petals Art Décor or via any other method specified by Petals Art Decor from time to time. If a refund is paid to Buying customer or a credit card chargeback occurs, then: (a) The telling Designer must reimburse Petals Art Decor for the applicable Designer Fee, and (b) Buying Customer will initially receive the amount of the Customer Payment, less the Designer Fee and will receive the Designer Fee only once the Designer Fee is reimbursed by Selling Designer to Petals Art Decor. Petals Art Décor may refund Buying Customer if the order placed (or request made) by the customer is found to be fraudulent; the customer placed a duplicate order (or request) in error. Furniture and decor refunds follow the refund policy of each specific vendor that each item was purchased from and cannot be adjusted by Petals Art Decor. Petals Art Décor cannot guarantee color accuracy as colors and textures may look different on each Customer’s and Designer’s monitors. Customers are responsible for verifying item sizes before ordering shopping list items as sizes may appear different in renderings. Petals Art Decor is not responsible for verifying any Designer Recommendations. Customers are solely responsible for checking and verifying all Designer Recommendations before ordering shopping list items and/or implementing the Designer Recommendations.
1.3. Representations and Warranties.
Designer hereby represents and warrants to Petals Art Décor that the execution and delivery of this Agreement by the Designer, all media provided by the Designer for promotional use by Petals Art Decor, and the performance of the Designer’s obligations under this Agreement will not conflict with or breach any agreement, order, will not contain any IPR licensed from a third party, or decree to which the Designer is a part of or which he is bound. The Designer will indemnify and hold Petals Art Decor and Buying customer harmless, including costs and attorney’s fees, from any third party claim arising out of a breach by the design of the foregoing warranty or any third party claim that the Designer infringes/misappropriates. If the Designer maintains a website advertising interior design services or products, if requested by Petals Art Decor, such online material must incorporate a Petals Art Décor badge and link to Petals Art Decor’s website in a form determined by Petals Art Décor (including, but not limited to, blog posts related to Petals Art Decor design projects). All publicly shared photos of Petals Art Décor client designs shall include a watermark of Petals Art Decor’s name and logo and a link to Petals Art Decor’s website. If any public media references or displays work is undertaken for Petals Art Décor (including, but not limited to, press releases and blog posts), such media shall include a link and reference to Petals Art Decor, to the extent Designer has sufficient control over such media.
1.4. Project Implementation, Furniture Purchases & Returns
At Petals Art Decor, we take pride in a well-designed space and can’t wait to see your project come together. We encourage you to inspect all items upon receipt, and if there is any issue, please contact our ordering team at info@petalsartdecor.com right away. Tips to help you reduce returns: Request paint and color swatches before purchasing. Please double-check on the finishes and colors as some may vary in the photos and on screens. Additional item photos can be requested from vendors. Test paint on your walls to view at different times of the day in different lights before painting or tape paint samples to the walls. Ensure the items will fit into the room of choice by measuring entryways, hallways, and doorways. Window measurements by a professional are always recommended. Some of our vendors offer this as a complimentary service. Please feel free to ask the ordering team about this. Tips for a smooth return process: Inspect all items upon delivery and contact our team of any issues immediately. Refuse the delivery if the damage is noticed while the delivery team is still in your home Send at least 3 photos and a short description of any issues so we can resolve them ASAP. Keep all original packaging because it is often required to process the return. Return Policy Furniture purchased through a third-party vendor is subject to third-party terms such as each vendor’s return policies and warranties. Certain rules and fees apply, such as return timelines, shipping, and pick-up fees. Our team will advocate on your behalf with each vendor to make the process as easy as possible. Petals Art Décor uses reasonable efforts to display the current and accurate price for furniture and decor items, the item price is dynamic, and the price displayed for any particular item (including shipping, white glove delivery, and assembly charge) is subject to change as vendors change their prices from time to time. Custom Order and Final Sale items are not eligible for cancellation, return, or exchange. Petals Art Decor is not responsible for miss measurements of suggested furnishings, for item colors, and is not responsible for confirming that suggested merchandise will fit through doorways, hallways, stairways, or elevators. All measurements and coolers should be verified by the customer in their space before purchasing a product. Petals Art Décor strongly recommends consulting with a licensed professional before undertaking any construction activity and will not be held responsible for any consequential or punitive damages arising from such activity. Petals Art Decor will not be responsible for any consequential or punitive damages concerning furniture and decor deliveries, and no action for breach of these Terms and Conditions may be brought more than one year after completion of services by Petals Art Decor. Refund Processing Refunds are processed back to your original form of payment once Petals Art Decor has received them from the vendor. Timelines may vary depending on the vendor, and our team will continue to watch over this until your refund is processed.
2. Payment Terms.
2.1. Payment and Delivery.
Upon a Sale, Buying Customer will pay the Customer Payment, and Petals Art Decor will pay Selling Designer the Designer Fee (subject to first receiving payment from the Buying Customer), and (b) Selling Designer will upload the Sold E-Decor Package and Petals Art Decor will deliver the Sold E-Decor Package to the Buying Customer, in a format specified by Petals Art Decor. The “Customer Payment” means (i) the price selected by the customer when the customer created an E-decor Project as set forth at https://petalsartdecor.com/best-interior-decor-company-in-delhi ; (ii) the customized prize amount which included the incentive amount entered by the Buying Customer. The “Designer Fee” means the Customer Payment, minus the fees imposed by Petals Art Decor and minus any applicable Taxes. Buying customers will not pay Selling Designer any amount over Payment for the Sold E-Decor Package or to pay Selling Designer separately outside the site in relatable out reply of an E-Decor Package, or of an online design service.
2.2. Petals Art Décor Credits.
a. The Designer Fee will be paid to the Selling Designer in US Dollars after and if the buying customer approves the E-Decor Package. The balance of any Petals Art Décor Credits held by you may be reduced at any time by Petals Art Decor for chargebacks or refunds or for any amount owing by you to Petals Art Decor to compensate Petals Art Decor for any loss that it determines (in its sole discretion) it has suffered as a result of any breach of this Agreement by you. The only rights that you have to receive payment of any amounts held by Petals Art Décor are as set out in this Agreement.
2.3. General Payment Terms.
All payments will be in US dollars. Each User is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and uses tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by designers from and by independent contractors. You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold E-Decor Packages via the site or your provision of design services that are the subject of an invoice issued through the site. Petals Art Decor is not responsible for collecting, reporting, paying, or remitting any such Taxes to you. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement. Any amount that is not paid when due will accrue interest at eighteen per cent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. You acknowledge that Petals Art Decor will not issue 1099 tax forms and further agree that if you are a U.S. buyer purchasing services from U.S. designers, you are solely responsible for issuing 1099 tax forms to those designers.
3. IMPORTANT DISCLAIMERS AND RELEASES.
3.1. DISCLAIMER.
WE MAKE NO WARRANTIES REGARDING THE E-DECOR PROJECT, DESIGN PROPOSALS, E-DÉCOR PACKAGE, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY DESIGNERS, CUSTOMERS, OR OTHER USERS AND EACH OF THE FOREGOING ARE PROVIDED BY US. “AS IS”. SELLING DESIGNERS SELL AND BUYING CUSTOMERS BUY SOLD E-DECOR PACKAGES AT THEIR OWN RISK. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OTHER USER. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND Petals Art Décor WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. NOTWITHSTANDING THE FOREGOING, Petals Art Décor WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 12 AND 13.
3.2. RELEASE
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to any interactions or transactions with, or act or omission of, other Users, including Customers and Designers and Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
4. Accounts.
In order to use the Service, you must register for an account with Petals Art Decor(“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your account at any time, for any reason, by e-mailing customer support at the contact number below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Petals Art Décor of any unauthorized use or suspected unauthorized use of your account or any other breach of security. Petals Art Décor cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Designers may not have more than one account.
5. User Content.
5.1. Your User Content.
“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Decor Briefs, E-Decor Projects, Design Proposals, E-Décor Packages, Designer Portfolio Items provided by Designers to display in their accounts (“Portfolio Items”), and reviews and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Petals Art Decor. Because you alone are responsible for your User Content (and not Petals Art Decor), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Petals Art Decor is not obligated to remove any E-Decor Projects, Decor Briefs, Designer Portfolio Items, Design Proposals, E-Decor Packages or Reviews from the Site unless required by applicable law. Petals Art Decor is not obligated to backup any User Content, and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
5.2. User Content.
You hereby grant, and you represent and warrant that you grant, to Petals Art Décor an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site and Services; provided that Petals Art Decor will only use your Decor Brief, Décor Project, Design Proposals, Designer Portfolio Items, and E-Decor Packages to run applicable projects and promotions. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
6. Acceptable Use Policy. The following sets forth Petals Art Decor’s “Acceptable Use Policy”:
6.1. Privacy.
You agree that you will only use the personal information of other Customers or Designers made available to you only for the purposes of interacting with them in relation to the Services. You must not use their personal information for any other purpose, including for marketing purposes. You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of personal information.
6.2. User Content.
You agree not to use the Site or Services with any User Content or to provide any products or services that (a) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any Laws, or obligations or restrictions imposed by any third party.
6.3. Use Restrictions.
You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the site.
6.4. Other Guidelines/Policies.
Please see the following: https://petalsartdecor.com/best-interior-decor-company-in-delhi Designer Code of Conduct (as e-mailed to each approved Designer) We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
6.6. SMS Terms of Service
By opting into the Petals Art Décor SMS Program, you agree to receive Petals Art Décor SMS Program text messages to your mobile phone/device. Petals Art Décor may send you text messages regarding your design projects and orders you place with Petals Art Decor. Petals Art Decor does not require you to agree to receive text messages as a condition of making any purchase or using the Petals Art Décor Services. You understand and agree that text messages may be generated using automated technology. The frequency of text messages Petals Art Décor sends to you will vary and depends on your interaction with the Services. Standard messaging and data rates may apply to each text message received as provided by your carrier. All charges are billed by and payable to your mobile carrier. For questions about text messages, contact Petals Art Décor at info@petalsartdecor.com. You may opt-out of receiving Petals Art Décor text messages at any time. If you choose to opt-out, reply STOPS or Unsubscribe to the incoming SMS message. After you submit a request to opt-out, you will receive one final text message from Petals Art Décor confirming that you will no longer receive text messages and information on how to opt back in if you decide to do so. Texting STOP will only opt-out of text messages and will not affect other types of communications such as e-mail. Petals Art Decor may change or discontinue its SMS Program without notice or liability to you. Petals Art Decor’s SMS Program is offered on an “as is” basis. Petals Art Decor will not be liable for any delays in the receipt of any text messages. Data obtained from you in connection with Petals Art Decor’s SMS Program may include your mobile phone number, your mobile carrier’s name, the date, time, and content of your messages and other information you provide to us. We may use this information to contact you and to provide the services you request from us, subject to the terms and conditions of our Privacy Policy. When you are opt-in to the Petals Art Décor SMS Program, you understand and agree that the Site Terms of Service are incorporated into and become part of these SMS Program Terms of Service. THE SITE TERMS OF SERVICE CONTAIN ADDITIONAL LIMITATIONS ON Petals Art Décor’s LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.
7. Confidentiality and non-compete
The term “Confidential Information” will mean any and all confidential and/or proprietary knowledge, data or information of the company, its affiliates, parents and subsidiaries. By way of illustration but not limitation, “Confidential Information” includes (a) trade secrets, inventions, mask works, ideas, processes, formulas, source and object codes, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques (collectively, “Inventions”); (b) information regarding research, development, new products, marketing and selling, business plans, budgets and unpublished financial statements, licenses, prices and costs, pricing and billing policies, quoting procedures, methods of obtaining business, forecasts, future plans and potential strategies, financial projections and business strategies, operational plans, financing and capital-raising plans, activities and agreements, internal services and operational manuals, methods of conducting Company business, suppliers and supplier information, and purchasing; (c) information regarding Customers and potential Customers, including names and their representatives, their needs or desires with respect to the types of products or services offered by the company, proposals, bids, contracts and their contents and parties, the type and quantity of products and services provided or sought to be provided to Customers and potential Customers, and other non-public information relating to Customers and potential Customers; (d) information regarding any of the company’s business partners and their services, including their names and their representatives, proposals, bids, contracts and their contents and parties, the type and quantity of products and services received by the company, and other non-public information relating to business partners; (e) information regarding contractors, consultants, personnel, employee lists, compensation, and employee skills; and (f) any non-public information which a competitor of the company could use to the competitive disadvantage of the company. Notwithstanding the foregoing, it is understood that, at all such times, Consultant is free to use information which is generally known in the trade or industry, which is not gained as a result of a breach of this Agreement, and Consultant’s own, skill, knowledge, know-how and experience to whatever extent and in whichever way Consultant wishes. The designer will hold in strict confidence and will not, either during the term of this Agreement or after the termination of the account, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of whether such person or entity is a competitor of the company or is engaged in a business similar to that of the Company, any trade secrets or other proprietary or Confidential Information of the Company obtained by the Designer from or through the services to be rendered under this Agreement. The Designer hereby acknowledges and agrees that all proprietary information referred to in this Section will be deemed trade secrets of the company and of its subsidiaries and that the Designer will take such steps, undertake such actions and refrain from taking such other actions as mandated by the provisions of this Agreement and by the provisions of the Uniform Trade Secret Act. The Designer further acknowledges that certain of the company’s products may consist of copyrighted material, and the Designer will exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has no prior.
8. Site.
8.1. License.
Subject to the terms of this Agreement, Petals Art Décor grants you a non-transferable, non-exclusive license to use the Site and Services for your internal business purposes (excluding Design Proposals).
8.2. Copyright and IPR
You also agree that our Designers may use their design ideas, including but not limited to their Design Proposals and E-Decor Packages, in more than one place. Customers do not own the Intellectual Property Rights to E-Decor Packages and Design Proposals produced by our designers but are instead purchasing their services.
8.3. Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customer, or otherwise commercially exploit the Site or Services; (b) you shall not modify, do derivative works of, disassemble, compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Petals Art Decor reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Petals Art Decor will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that Petals Art Decor will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
8.4. Feedback.
If you provide Petals Art Décor any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Petals Art Décor all rights in the feedback and agree that Petals Art Decors hall has the right to use such feedback and related information in any manner it deems appropriate. Petals Art Decor will treat any Feedback you provide to Petals Art Décor as non-confidential and non-proprietary. You agree that you will not submit to Petals Art Decor any information or ideas that you consider to be confidential or proprietary
8.5. Ownership.
Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by Petals Art Décor or Petals Art Decor’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. Petals Art Decor and its supplier’s reserve all rights not granted in this Agreement.
9. Indemnity.
You agree to indemnify and hold Petals Art Decor(and its officers, employees, and agents) harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your E-decor Project, Design Proposal, Décor Brief, E-Décor Packages, and Reviews), (iii) your interaction with any other User, (iv) your use of external software or products, or (v) your violation of this Agreement or any applicable laws. Petals Art Decor reserves 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 without the prior written consent of Petals Art Decor. Petals Art Decor will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. Third Party Sites & Ads.
The site might contain links to third-party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Petals Art Decor, and Petals Art Decor is not responsible for any Third Party Sites & Ads. Petals Art Decor provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
11. Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your account) or (b) terminate this Agreement at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated therewith from our live databases; however, we reserve the right to continue to use your User Content. Petals Art Decor will does not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, all applicable provisions of this Agreement will remain in effect.
12. Disclaimers.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Limitation on Liability.
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) Ten Thousand Rupee (B) AMOUNTS YOU HAVE PAID Petals Art Décor IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. General.
14.1. Changes to Terms of Use.
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
14.2. Governing Law.
This Agreement shall be governed by, and construed under, the laws of the India.
14.3. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Suppose any provision of this Agreement is, for any reason, held to be invalid or unenforceable. In that case, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with Petals Art Decor is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Petals Art Decor’s prior written consent and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
14.4. Copyright/Trademark Information.
Copyright © 2024, Petals Art Decor. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such a third party which may own the Marks.
