TERMS OF USE

These Terms of Use (“Terms”) are between Infurnia Technologies Private Limited (“Infurnia” / “Company” / “We” / “Our” / “Us”), that owns and controls the platform known as, ‘Infurnia’ and its users (“User” / “You” / “Your”).

These Terms govern Your use of our: (i) website domain www.infurnia.com (“Website”); and (ii) design application / virtual reality application (“Application”) or other technology platforms offered by Infurnia (the Website, the Application and other technology platforms being collectively referred to as the “Platform”) for availing technology and software products for architectural designing, interior designing, kitchen designing so on and so forth (“Services”); (iii) Services along with any other products and services offered thereon; (iv) all features, content, widgets, tools, data, software, source code, object code, algorithm, application program interface (APIs) so on and so forth, in connection with the Platform, the Services and any other products and services offered by Infurnia; and (v) any other modes of usage of the Services or other products and services, including through electronic devices such as computers, mobiles, tablets, virtual reality headsets or devices, storage devices, transmitting devices so on and so forth.

Infurnia offers its Platform and Services to You conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein. By accepting these Terms and Our privacy policy (“Privacy Policy”) available, You are electing to join the Platform, to access and use the Platform over the internet, including the Services.

These Terms, together with the Privacy Policy and any other terms and conditions that may be notified to you from time to time, constitute a legally binding agreement (“Agreement”) between You and Infurnia. Your use / access / browsing of the Website and / or the Services, whether with or without any payment of service fee or subscription fee or other payments, by any and all means signifies Your acceptance of the Terms and Our Privacy Policy and willingness to be bound by the Agreement. If You do not accept and agree to any of the terms and conditions set out herein, You shall not, and shall not be entitled or authorized to, use / access / browse the Website, or avail the Service thereon.

These Terms are deemed to be an electronic record in terms of Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Website.

1. ACCEPTANCE OF TERMS
   

Please read these Terms and Privacy Policy very carefully. By accessing, browsing, registering for or using the Platform and / or making an account and / or by viewing and / or accessing any Services offered on the Platform, You represent that You have read the Terms and the Privacy Policy, and agree to be bound by the Terms and the Privacy Policy. If You do not agree with all of the usage requirements and restrictions described herein, You shall not be entitled to use and / or access the Platform or any of Our Services.

By agreeing to these Terms, You also agree to Our Privacy Policy and / or such other policies as may be established or introduced by Infurnia, from time to time.

2. APPLICABLITY OF TERMS
   

Your access to, and use of, the Platform and the Services offered thereon is conditioned on Your compliance with these Terms. By becoming a registered user and / or accessing and / or using the Platform and the Services, or any portion of the Platform or Services, You agree to be bound by these Terms and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose or in any manner. Additional terms and conditions applicable to specific areas of the Platform or to particular transactions are also posted in particular areas of the Platform and, together with these Terms, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use the Platform and / or the Services.

3. YOUR LICENSE TO USE THE SERVICES
   

When You use the Platform or Our Services, You may access Our Intellectual Property and rights thereto that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms, Infurnia grants You a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Platform and / or the Services. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, sub-license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, the Services or any features or content, except as expressly permitted in these Terms, without Infurnia’s express prior written consent. No ownership, rights or titles are granted to You in any Intellectual Property of Infurnia or Infurnia’s licensors, by implication or otherwise, under any intellectual property laws.

4. PAYMENT TERMS & REFUND POLICY
   

Infurnia shall charge such price / fees for licensing the Platform or the Services to You, as it may deem fit, in its sole discretion. The details of the price / fees payable for the Services will be provided at the time the User purchases or subscribes to the Services. All such prices are exclusive of the applicable taxes which a User shall be required to additionally. Infurnia may raise an invoice for advance payments before provision of Services or raise an invoice after provision of Services, depending on the type of Service and as Infurnia may deem fit. In case of advance payments, the Services will not be made available to the User until such advance payments have been paid by You to Infurnia. 

Further, Infurnia may also provide certain Services free of charge for a limited time, or as a bundle package or any discounts or promotional offers, as it may deem fit. From time to time, Infurnia may change the price / fees of any Services or charge for use of Services that are available free of charge. 

Once a subscription is purchased or payment is made for any services offered by Infurnia, it is non-refundable. By agreeing to this policy, the customer acknowledges and accepts that Infurnia does not provide refunds under any circumstances, including but not limited to dissatisfaction with the service, changes in business needs, or account cancellations. It is the customer's responsibility to carefully evaluate and determine the suitability of our services before making a purchase

5. ELIGIBILITY
   

A User shall be eligible to use the Platform and Services only by clicking the “I Agree” button. In the event that a User refrains from clicking the “I Agree” button, the User will not be able to access, browse, register on or use the Platform or the Services provided thereon. 

Person who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Platform to avail the Services. In the event that, as a minor You wish to use the Platform and / or Services, such use shall be made available to You upon the review of these Terms by Your legal guardian or parent(s) and upon them consenting to be bound by the Terms contained herein. Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by Your legal guardian or parent(s), or if the details provided by You are false or inaccurate, Infurnia shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.

6. USER ACCOUNT
   

In order to use certain features of the Platform, You must register on the Platform by creating an online account (“Account”). In the event that You want to register on the Platform and wish to create an Account. You must be of legal age to form a binding contract. If You are not of legal age to form a binding contract or are otherwise incompetent to contract as per the Indian Contract Act, 1872, You shall not be entitled to register or use Our Platform and / or the Services thereon. While creating an Account, You will be required to provide Your personal details such as Your name, contact number, e-mail and other details for successfully registering Your Account on the Platform. 

It is hereby clarified that You will be required to provide a password for Your account and that You shall solely be responsible for maintaining the confidentiality of Your Account and password.

It is further clarified that You shall solely be responsible for all the activities in relation to Your Account. You also agree that, at the time of creating Your Account and at any other time, You shall provide true, correct and accurate information and ensure that all such information is up-to-date and accurate at all times.

7. YOUR ROLES AND RESPONSIBILITIES
   

During Your use of the Platform and Services, You hereby agree and acknowledge that You shall not:

1. post, publish, upload or distribute any defamatory, libellous or inaccurate content or other information;
   

2. post, publish, upload or distribute any unlawful, objectionable, offensive, indecent, pornographic, threatening, racially offensive, or otherwise inappropriate content or other information;
   

3. provide misleading or false personal details, impersonate any person or entity, or indulge in any other fraudulent activity;
   

4. access or use the Platform and / or Services through the Account of other users;
   

5. defame, harass, abuse or threaten other users of the Platform and / or Services, including Our officers, directors, employees, agents, representatives and any other persons involved in the provision of Services;
   

6. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof;
   

7. damage the operation of the Platform or otherwise interfere with any other user’s or person’s enjoyment of the Platform;
   

8. alter or modify any part of the Platform, Services or any features, tools or content; and
   

9. violate any terms and conditions specified in these Terms .

8. PRIVACY
   

When You use the Services via the Platform, Infurnia will collect certain personally identifiable information from You as set forth in more detail in Our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at the top of this page.

9. SUSPENSION AND TERMINATION
   

In the event that You breach these Terms stipulated herein, Infurnia reserves the right to to suspend and/or terminate Your Account and / or Your access to the Platform with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform. Upon suspension or termination, Your right to access, procure or use the Services on the Platform shall immediately cease and We reserve the right to remove or delete Your information that is available with Infurnia, including but not limited to Your login and Account information.

Any suspension, termination, or cancellation will not affect Your obligations to Infurnia under these Terms which by their nature are intended to survive such suspension or termination. Upon any such suspension or termination, the provisions of Clause 10 (Ownership of Intellectual Property), Clause 13 (Disclaimer of Warranties), Clause 14 (Limitation of Liability), Clause 15 (Non-Disparagement), Clause 16 (Indemnification) Clause 17 (Governing Law and Jurisdiction) and Clause 20 (No Waiver) shall survive and remain in full force and effect. However, notwithstanding anything contained herein or in our Privacy Policy, the provisions of Clause 11 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

Further, notwithstanding any such termination, suspension, or cancellation, Infurnia may, in its sole discretion and in accordance with its Privacy Policy, retain such information collected from You through the Platform and / or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and / or applicable laws.

10. OWNERSHIP OF INTELLECTUAL PROPERTY
    

“Intellectual Property” shall mean all of the following and all legal rights or interest in, under or in respect of the following arising under law, whether or not filed, perfected, registered or recorded and whether now or later existing, filed, issued or acquired by the Company or owned by the Company: (a) all copyrights, copyrightable works and all other corresponding rights; (b) patents; (c) all trademarks, logos, designs, marks, service marks, so on and so forth; (d) the Platform, the Services including know-how, technical know-how, process know-how, technical data / information, technology, source code, object code, programming code, algorithm, software, software development process, programs, interface, application programming interface (APIs) internet domain names, internet and world wide web URLs or addresses, any other features or content available on the Platform or through the Services or any improvements, enhancements, customizations or updates thereof; (e) products, services, processes, techniques, trade secrets, confidential business information, pricing and cost information, business plans, business strategies, employee /  customer / vendor / third party supplier lists and information, records, and other proprietary documentation and information; (f) any documents, notes, reports, files, training material or modules, learning videos, power point presentations, manuals, guides, technical specifications and other printed, recorded, electronic materials and/or other information or material whether or not made available to the Consultant; (g); any data and any other databases or compilations of the any of the foregoing hereof; (h) marketing / promotional  / advertising strategies or materials; (i) all other proprietary rights; (j) all copies and tangible embodiments of any of the foregoing (in whatever form or medium); and (k) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained

The Platform, Services and all information and / or feature or content that You see, hear, or otherwise experience on the Platform or through the Services (are protected by the Indian and international intellectual property laws. We own or have the license to use all of the Intellectual Property. 

The User hereby agrees and acknowledges that its use of the Intellectual Property shall in no way mean or be construed as an assignment by Infurnia to the User, of any ownership, rights, title or interests of Infurnia in such Intellectual Property. All Intellectual Property and other related items, products, materials or services provided or made available to the User by Infurnia or its, employees, consultants, representatives, affiliates or suppliers is and remains, at all times, the sole and exclusive property of Infurnia.

The User hereby agrees and acknowledges that infringement of any Intellectual Property for any purpose, whether commercial or otherwise, shall be a violation of Infurnia’s intellectual property rights and Infurnia reserves all its rights and remedies in law in relation to such violation. Further, any breach by the User of any provision or obligation under this Clause will cause to Infurnia immediate, material and irreparable injury, and there is no adequate remedy at law for such breach. In such event, Infurnia shall be entitled to seek injunctive relief to enforce this Agreement in a court of competent jurisdiction. This provision shall not be a waiver of any other rights which Infurnia may have under this Agreement, including the right to receive monetary damages.

11. USER GENERATED CONTENT, OWNERSHIP AND LICENSE

The Platform also enables a User to upload to the Platform, any designs, patterns, works, products or other materials created by the User along with any data or information related to the User including technical and financial information pertaining to such designs, patterns, works, products or other materials provided by the user to Infurnia for uploading to, processing by, transmission by or storage on the Platform (“User Generated Content”).

The User shall, at all times, retain all ownership rights of such User Generated Content.

Further, a User shall also have the option to use the Infurnia Sales Network (ISN) Channel (“Sales Network”) for uploading and sharing the User Generated Content with other users of the Platform. However, the distribution rights through the Sales Network shall remain with Infurnia, at all times. Further, Infurnia shall have the right to decide whether such User Generated Content on the Sales Network is made available to all the users or certain specific users only, whether the User Generated Content is made available as a whole or only certain parts thereof or any other matters relating to the Sales Networks, in its absolute sole discretion.

The User hereby grants a free of charge, non-exclusive, non-revocable, royalty free, worldwide license to access and distribute the User Generated Content for the purposes of the Sales Network.

12. ERRORS, INACCURACIES AND OMISSIONS
    

Occasionally there may be information on the Platform or in the Services that contains typographical errors, inaccuracies or omissions including the pricing / subscription charges of the Platform and / or the Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform and / or in the Services or on any related website is inaccurate at any time without prior notice.

We reserve the right to update the content and other information available on the Platform and / or in the Services and are in no manner obligated to update such content and other information on a regular basis. Further, We undertake no obligation to update, amend or clarify information available on the Platform or in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated. 

It is further clarified that, We reserve the right to correct any errors, inaccuracies or omissions, and to change any updated information if any such updated information on the Platform and / or in the Services or on any related website is inaccurate at any time without prior notice.

13. DISCLAIMER OF WARRANTIES
    

You expressly agree that use of the Platform and the Services thereon is at Your sole risk. Both the Platform and Services are provided on an “as is” and “as available” basis. Infurnia expressly disclaims any and all warranties and liabilities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of content and other data and system integration.

Infurnia and / or its affiliates disclaim any liabilities and warranties regarding the accuracy, reliability, authenticity and security of the Platform and the Services or that the Services will be free from errors or that any errors will be corrected. No content, or other information provided to You, as being a part of the Services or otherwise, will create any liability or warranty that is not expressly stated in these Terms.

We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to Your individual circumstances.      Our Platform and the Services are developed for use globally and Infurnia and / or its officers, directors, employees, consultants, agents, representatives or affiliates make no representation or warranty concerning the Services or Platform or any features or content thereon or fitness for a particular use or purpose in relation to the use of Our Platform or Services in any specific country or territory.

14. LIMITATION OF LIABILITY
    

The Platform and the Services thereon are provided digitally and virtually. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE SERVICES, THE FEATURES OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND / OR WHETHER OR NOT INFURNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES OR OUR RELATIONSHIP WITH YOU, MUST BE BROUGHT WITHIN 30 (THIRTY) DAYS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR THE SAME WILL BE DEEMED TO BE FOREVER BARRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO THE AMOUNTS PAID BY THE USER FOR THE SERVICES SO AVAILED.

WE AND / OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR REPRESENTATIVES SHALL, UNDER NO CIRCUMSTANCE WHATSOEVER, BE LIABLE FOR ANY DELAY OR DEFAULT IN THE PROVISION OF THE PLATFORM SERVICES UNDER THIS AGREEMENT CAUSED BY AN EVENT BEYOUND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITIED TO ANY FORCE MAJEURE EVENTS, ACT OF GOD, EPIDEMICS, PANDEMICS, WAR, CYBER TERRORISM, SECURITY BREACHES Or HACKING, GOVERNMENT ACTIONS, DELAY IN PROVISION OF SERVICES, FAILURE OR DEFAULT BY YOU, YOUR WIRLESS CARRIER / NETWORK PROVIDER, OR ANY OTHER SUPPLIER OF GOODS OR SERVICES TO YOU OR TO US.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAY PROVIDE AND / OR MAKE AVAILABLE AND / OR OTHERWISE REPRODUCE THIRD PARTY PRODUTCS, SERVICES OR CONTENT INCLUDING USER GENRATED CONTENT AND / OR ANY PART THEREOF ON THE PLATFORM AND / OR MAY PROVIDE LINKS TO WEB PAGES, PRODUCTS, SERVICES AND CONTENT INCLUDING USER GENERATED OF THIRD PARTIES (COLLECTIVELY, “THIRD PARTY CONTENT”) AS PART OF THE SERVICES TO THOSE INTERESTED IN THIS INFORMATION. WE DO NOT MONITOR OR HAVE ANY CONTROL OVER ANY THIRD PARTY CONTENT OR THIRD PARTY WEB SITES. WE DO NOT ENDORSE OR ADOPT ANY THIRD PARTY CONTENT AND CAN MAKE NO GUARANTEE WHATSOEVER AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED THEREIN, AND WE UNDERTAKE NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD PARTY CONTENT. YOUR USE OF SUCH THIRD PARTY CONTENT CONTAINED THEREIN IS SOLELY AND ENTIRELY AT YOUR OWN RISK.

15. NON-DISPARAGEMENT
    

The User hereby agrees, undertakes and covenants not to make any disparaging public statements with respect to: (i) Infurnia, its employees, consultants, agents, representatives, affiliates or subsidiaries; (ii) the business of Infurnia; (iii) the Platform, the Services or any other products or services offered by Infurnia; or (iv) the terms of this Agreement and the arrangements made pursuant hereto, at any time during the subsistence or the termination of this Agreement hereof.

16. INDEMNIFICATION
    

The User hereby agrees, acknowledges and undertakes to indemnify and hold harmless Infurnia, its officers, directors, employees, consultants, agents, representatives, affiliates, vendors and suppliers from and against any losses, damages, actions, fines and expenses (including reasonable attorney’s fees and costs) arising out of: (i) any breach of this Agreement; (ii) Your use of the Platform and / or the Services in violation of these Terms or any other user’s or third party’s rights; (iii) Your use of the Platform and / or the Services in violation of any applicable laws; or (iv) or any other claims or actions related to Your use of the Platform and / or the Services.

17. GOVERNING LAW AND DISPUTE RESOLUTION
    

1. Governing Law:
   

This Agreement shall be governed by and construed in accordance with the laws of India and subject to Clause 17 (b) (Dispute Resolution) below, the courts at Bengaluru, India, shall have exclusive jurisdiction on all the matters, claims, actions or disputes arising from this Agreement, without regard to the principles of conflicts of laws.

2. Dispute Resolution:
   

1. In the event that any dispute arises amongst the Parties during the subsistence of this Agreement or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement or regarding a question, including the question as to whether the termination of this Agreement by a Party has been legitimate or not, the Parties shall endeavour to settle such dispute amicably.
   

2. In the case of failure to resolve the dispute in the manner set out above within 30 (Thirty) days from the date when the dispute arose, the dispute shall be settled in accordance with the Indian Arbitration and Conciliation Act, 1996 (and the rules framed thereunder) by an arbitral panel composed of a single arbitrator appointed jointly by both Parties. In the event that the Parties are unable to agree on the sole arbitrator, 1 (One) arbitrator shall be appointed by each Party, and the arbitrators so appointed shall nominate a third arbitrator, who shall be the chairperson of the arbitration panel.
   

3. The venue and seat of arbitration proceedings shall be at Bengaluru, India. All proceedings in any such arbitration shall be conducted in the English language.
   

4. The decision of the arbitration panel shall be final and binding upon the Parties which shall be substantiated in writing and which shall be enforceable in any court of competent jurisdiction. The arbitration panel shall be free to award costs as it deems appropriate.

18. CHANGES TO THESE TERMS
    

You are encouraged to periodically visit this page to review these Terms and any amendments or changes thereto.

Infurnia reserves, in its absolute sole discretion, the right to amend or change these Terms at any time, as it may deem fit, without notice. Any such amendments or changes will be effective immediately and will be deemed to be a part Our Agreement. Your continued use of the Platform or the Services after any such amendment or change signifies Your acceptance and consent to such amendment or change. Discontinuing Your use of the Platform or the Services will not affect the applicability of these Terms to Your prior uses of the Platform and the Services, in any manner.

19. SEVERABILITY
    

In the event that one or more provisions of the Agreement are be found to be or become unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and / or enforceability of the remaining provisions of the Agreement which will continue to remain in full force and effect.

20. NO WAIVER
    

Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect Our right to later enforce or exercise it. If We do waive a failure or breach by You, We will only do so in writing and that will not mean that we automatically waive any future failure of breach by You.

21. CONTACT
    

If You have any queries regarding these Terms or Our Services, please contact Us at business@infurnia.com or call Us on the numbers provided on the Our Platform.