By agreeing to either subscribe or by choosing to become a member of Design Vegha (defined below), you agree and confirm that such subscription (“subscription”) and/or membership (“membership”) will be subject to the terms and conditions as set out here and that these terms and conditions are legally binding and create an agreement between you Design Vegha private limited., a company incorporated under the companies act, 2013 (18 of 2013) and rule 18 of the companies (incorporation) rules, 2014 (“Design Vegha”) (the “agreement”), company registered at No.33/24, Madhuram,, 4th street, Zackaria colony, Chennai, India, 600094
Pursuant to this agreement, Design Vegha’s software(s) and any third party software, documentation, interface, fonts and any data accompanying this agreement whether in read only memory, or any other media or in any other form on Design Vegha’s website or otherwise are licensed and not sold to you by Design Vegha for use only under the terms and conditions of this agreement. Design Vegha retains ownership of all such services, programs, software and intellectual property itself and reserves all rights not expressly granted to you.
2. Intellectual property rights
2.1. You agree that the subscription and/or membership including but not limited to editorial content, graphics, user interface, the scripts and software used to implement the subscription and/or membership contains proprietary information that belongs to Design Veghaand is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the subscription and/or membership in compliance with the terms and conditions of this agreement.
2.2. All copyrights in and to the subscription and/or membership, including the compilation of content, postings, links to other internet resources, descriptions of those resources and associated software are owned by Design Vegha and/or its licensors, who reserve all their rights in law and equity. The use of Design Vegha’s software or any part of the subscription and/or membership, except for use of the Subscription and/or membership as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal liabilities including damages for copyright infringement.
2.3. The Design Vegha trademark, graphics and/or logos used in connection with the subscription and/or membership are protected by intellectual property laws. Other trademarks, service marks, graphics and logos used in connection with the subscription and/or membership may be trademarks of their respective owners. You are not granted any right or license with respect to any of these intellectual property rights.
2.4. No part of the subscription and/or membership may be reproduced in any form or by any means except as expressly permitted under the terms and conditions of this agreement. You agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the subscription and/or membership in any manner, and you shall not exploit the subscription and/or membership in any unauthorised manner whatsoever, including but not limited to, by trespass or burdening network capacity.
3. Your account ( My Account)
3.1. As a registered user of the subscriptions and/or membership, you may create an account in accordance with the usage rules detailed below (“account”). You are solely responsible for maintaining the confidentiality and security of your account.
3.2. You agree to provide accurate and complete information when you register with Design Vegha and as you use the subscription and/or membership. You agree to update your registration data as appropriate and to keep it accurate and complete at all times.
3.3. You agree to notify Design Vegha in writing to Design Vegha’s support email within twenty four (24) hours of becoming aware of any security breach of your account. Design Vegha shall not be responsible for any losses arising out of the unauthorised use of your account.
3.4. You agree that Design Vegha may store and use your personal and/or registration data for maintaining and billing fees to your account.
3.5. You agree not to create an account for any other legal entity without their prior written consent.
4. Subscription and/or membership term, payments and refund policy
4.1. You may choose to subscribe for either a monthly or a twelve-month term to use
The subscription and/or membership. The prices for the different types of
subscription and membership are available. These prices are subject to change without notice. Design Vegha is not responsible to notify you of any such changes.
4.2. Payment can be made by using one of the following credit or debit cards or online banking facility
4.3. Payments can be made in used or converted to choose local currency.
4.4. You are responsible for any tax obligations in the country you are purchasing the subscription and/or membership from. Any payments due to Design Vegha are net of any applicable taxes.
4.5. If a credit or debit card is being used for a transaction, Design Vegha may obtain pre- approval for an amount up to the full amount of the transaction. Billing occurs at the time of or shortly after your transaction, unless stated otherwise. That may be accrued by or in connection with your account.
4.6. Every month or twelve-month subscription and/or membership fee is non-refundable, except as required by applicable law and as expressly set out below. You can use your account to update your preferred payment method for the subscription and/or membership.
If all credit/debit cards Design Veghahas on file for you are declined for payment of your subscription and/or membership fee, you have thirty (30) calendar days to provide Design Vegha new credit/debit card or your subscription and/or membership will be cancelled. If you provide Design Vegha with new card/debit card details and are successfully charged within thirty (30) calendar days, your new subscription and/or membership period will be based on the original renewal date and not the date your credit/debit card was successfully charged.
4.7. You are responsible for the timely payment of all fees and for providing Design Veghawith a valid payment method for all fees. If your payment information is inaccurate and/or incomplete at any time including at the time of renewal of the subscription and/or membership this may result in non-renewal, temporary suspension or termination of your account.
5. Free trial
Design Vegha offers a free subscription. There will not be any online assistance during the free trial period. You can use of F&Q section and get oriented about the system.
6. Requirements for use of the subscription and/or membership
6.1. Use of the subscription and/or membership requires compatible devices such as computers and/or laptops, and internet access
6.2. You agree that meeting these requirements and any associated fees, which may change from time to time, is your sole responsibility.
7. Usage rules
7.1. You agree to use the subscription and/or membership in compliance with these usage rules. Design Vegha reserves the right to modify the usage rules at any time.
7.2. You are authorsied to use the subscription and/or membership only in accordance with the terms and conditions of this agreement either for personal or commercial use as the case may be.
7.3. Design Vegha grants to you a personal, limited, nonexclusive, non-transferable right to use the subscription and/or membership as per the terms and conditions of this agreement.
7.4. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any part of the subscription and/or membership and associated software related to these usage rules for any reason or assist another person or legal entity to do so. You agree not to access the subscription and/or membership by any means other than through the software that is provided by Design Vegha for accessing the subscription and/or membership. You shall not access or attempt to access an account that you are not authorised to access. You agree not to modify the subscription and/or membership and/or associated software in any manner or form, or to use modified versions of the subscription and/or membership and/or associated software for any purposes including obtaining unauthorised access to the subscription and/or membership.
7.5. You agree you will not nor permit any third party to use the subscription and/or membership to:
7.5.1. Upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive or otherwise objectionable;
7.5.2. Pretend to be someone else or a legal entity you are not. You may not impersonate or misrepresent yourself or your organisation as another person, entity, another Design Vegha user, an Design Vegha employee, or otherwise misrepresent your affiliation with a person or entity;
7.5.3. Engage in any copyright infringement or other intellectual property infringement, disclose any trade secret or confidential information in violation of a confidentiality, employment or non-disclosure agreement;
7.5.4. Except as permitted by Design Vegha in writing, post send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam or chain letters including without limitation bulk commercial advertising and informational announcements;
7.5.5. Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the subscription and/or membership (or any part thereof) or any other computer software or hardware.
8. Disclaimer of warranties
8.1. Design Vegha does not guarantee, represent or warrant that your use of the subscription and/or membership will be uninterrupted or error-free.
8.2. You expressly agree that your use of, or inability to use the subscription and/or membership and related software is entirely at your own risk. The subscription and/or membership are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of any 3rd party, that the subscription and/or membership are fit for a particular purpose, title, merchantability, data loss and non-interference.
8.3.Design Vegha does not represent or guarantee that the subscription and/or membership will be free from loss, bugs, corruption, attack, viruses, interference, hacking or other security intrusions and Design Vegha disclaims any liability relating thereto. There may be instances where the subscription and/or membership may be downloaded only once; after being downloaded they may not be replaced if lost for any reason. You shall be responsible for backing up your own system including any information and material uploaded, stored, processed or exchanged via the subscription and/or membership. Design Vegha, its affiliates and its third party providers, licensors, distributors or suppliers disclaim any representations or warranties that your use of the subscription and/or membership will satisfy or ensure compliance with any legal obligations, laws or regulations.
8.4. In no case shall Design Vegha, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the subscription and/or membership or for any other claim related in any way to your use of the subscription and/or membership including but not limited to any errors or omissions in any information or materials or any loss or damage of any kind incurred as a result of the use of any information or materials posted, transmitted, or otherwise made available via the subscription and/or membership even if advised of their possibility. As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such jurisdictions, Design Vegha’s liability shall be limited to the extent permitted by law.
8.5. Design Vegha shall use reasonable efforts to protect information submitted by you in connection with the subscription and/or membership but you agree that your submission of such information is at your sole risk and Design Vegha hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. You are solely responsible for ensuring that your use of the subscription and/or membership is in accordance with all applicable law. No provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of Indian Courts. Design Vegha does not exclude liability for (i) death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents; (ii) fraud or fraudulent misrepresentation; (iii) any other liability which cannot be lawfully excluded by contractual agreement between parties.
9. Limitation of liability and indemnity
9.1. By using Design Vegha’s subscriptions, you agree to the maximum extent permitted by law, to indemnify and hold Design Vegha, its directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the subscription and/or membership or any action taken by Design Vegha as part of its investigation of a suspected violation of this agreement or as a result of its findings or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Design Vegha, its directors, officers, employees, affiliates, agents, contractors and licensors as a result of its decision to remove or refuse to process any information or material, to warn you, to suspend or terminate your access to the subscription and/or membership or take any other action during the investigation of a suspected violation or as a result of Design Vegha’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
9.2. Subject to any applicable law, Design Vegha, its directors, officers, employees, affiliates, agents, contractors and licensors are not liable for any of the following (i) indirect, special, incidental, punitive or consequential damages; (ii) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Design Vegha systems requirements. The above limitations apply even if Design Vegha and its directors, officers, employees, affiliates, agents, contractors and licensors have been advised of the possibility of such damages. This agreement sets out the entire liability of Design Vegha, its directors, officers, employees, affiliates, agents, contractors and licensors and your exclusive remedy with respect to the subscription and/or membership and its use which shall be limited to the amount you paid for the subscription and/or service during the twelve (12) months prior to any such claim.
9.3. As part of your subscription and/or membership you may have access to products and/or services offered by other subscribers and/or members of Design Vegha or any other third party. Design Vegha disclaims any liability or responsibility for any products and/or services including but not limited to software and/or service, delivery of any products and/or services, quality of any such products and/or services including but not limited to medication prescribed and/or provided; data, information which includes but is not limited to personal information such as subscriber history; and/or payment information and/or the unauthorised disclosure of any such information and/or recommendations provided by any such third party in any form whatsoever.
9.4. Design Vegha disclaims any liability in respect of the qualifications, competence and credibility of any third partys’ (which includes other members and/or subscribers of Design Vegha) employees and members and/or any negligence caused by any such employee and member.
9.6. Design Vegha shall not be responsible in any manner whatsoever for any loss, cost, damage, claims (in contract, tort or otherwise), liability or expense for (i) any personal injury or death to persons including a subscriber and/or member or any other third party (ii) any damage to property and (iii) any other losses of any kind or nature, howsoever caused, arising out of or in connection with this agreement.
9.7. You agree that you will (i) comply with all applicable laws, regulations and ordinances; (ii) not use any other Design Vegha’s subscriber and/or members or any third party materials in any manner that would infringe or violate the rights of any other party. Design Vegha is not responsible for any such unauthorised use by any subscriber and/or member or any third party and (iii) not use any member and/or subscribers or third party products and/or services in any way in furtherance of criminal, fraudulent or other unlawful activity.
10. Submissions via the subscription and/or membership
10.1. The subscription and/or membership may contain features or allow access that enable you to upload, store and/or submit information (including links to third party content) on Design Vegha’s website and/or the subscription which may be accessible and viewable by the public. You agree to provide accurate and complete information in connection with your use of the subscription and/or membership.
10.2. You agree that any material submitted by you in this manner and your use of such features shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be objectionable or in poor taste.
10.3. You grant Design Vegha a worldwide, royalty-free, non-exclusive right to host and use such materials as part of the subscription and/or membership without any compensation or obligation to you. Design Vegha reserves the right to not post or publish, remove and/or edit any materials, at any time in its sole discretion without notice or liability.
10.4. Design Vegha has the right but not the obligation to monitor any information and/or materials submitted by you or otherwise available via the subscription and/or membership. Design Vegha may disclose any information and/or materials necessary to investigate any reported or suspected violation of these terms and conditions and to take any action that Design Vegha in its sole discretion deems appropriate including but not limited to termination of this agreement as per these terms and conditions.
11.1. From time to time, Design Vegha may, at its sole discretion, without notice or liability include new and/or updated features which shall enable subscribers and/or members to test new features on Design Vegha’s website and software including the subscription and/or membership before they are released (“ trial features”). The trial features may enable you to provide feedback, comments and/or suggestions for which fees may apply.
11.2. You understand and agree that your use of the trial features is voluntary and Design Vegha is not obliged to provide you with any trial features. You understand that once you use the trial features, you may be unable to revert to the earlier version of the same or similar feature. If such reversion is possible, you may not be able to return and/or restore data created within the trial features back to the earlier version. The trial features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data, materials and/or information from any connected device. You acknowledge and agree that all use of any trial features is at your sole risk.
Any feedback, comments, suggestions and/or opinions you provide Design Vegha shall be deemed to be non-confidential. Design Vegha shall be free to use such information on an unrestricted basis.
13. Professional advice
Unless expressly stated in the subscription and/or membership, Design Vegha does not provide legal, financial, accounting, tax, healthcare, real estate or any other professional advice, other Interior Décor or Interior Design.
14. Promotional material
14.1. Design Vegha may offer you other products or services including promotions from time to time. Additional terms, conditions and fees may apply.
14.2. With some of these products, services and/or promotions you may need to upload or submit data from your account(s) which may include personal and confidential data. You agree and permit Design Vegha to use any such information submitted about you or your business to help Design Vegha improve its products, services and/or promotions. You grant Design Vegha permission to share or publish summary results relating to research data or any such related data and to distribute or license such data to third parties without notice or liability.
Design Vegha may be required by law to send you written communications about the subscription and/or membership or third party products. You agree that Design Vegha may send these communications to you via email or by posting it on Design Vegha’s website.
16. Automatic delivery of updates
You agree that Design Vegha may automatically download and install updates for the subscription and/or membership on to your device(s) such as mobile telephones, computers and/or laptops. The updates may contain tools, utilities, improvements, third party applications, and/or general updates to improve the subscription and/or membership.
Design Vegha reserves the right to modify this agreement at any time, and to impose new or additional terms or conditions on your use of the subscription and/or service. Your continued use of the subscription and/or service will be deemed acceptance of any such changes.
18.1. If you choose to cancel your subscription and/or membership during your subscription term, you will continue to have access to the subscription and/or membership until the end of your subscription term. Once the subscription term ends, you will cease to have access to the subscription and/or membership.
18.2 No refund will be provided upon cancellation.
19.1. If you fail or Design Vegha suspects that you have failed to comply with any of the terms and conditions of this agreement, Design Vegha may immediately, in its sole discretion and without notice to you: (i) terminate this agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) suspend and/or terminate your right to use the subscription and/or membership; and/or (iii) preclude access to the subscription and/or membership (or any part thereof).
19.2. Upon termination of your account and/or the subscription and/or membership you must immediately cease using your account and/or the subscription and/or membership.
19.3. Any outstanding payments will become due immediately. Termination of this agreement shall not affect Design Vegha’s rights to any outstanding payments due to it.
19.4. Design Vegha reserves the right to modify, suspend, or discontinue the subscription and/or membership (or any part thereof) at any time with or without notice to you and Design Vegha will not be liable to you or to any third party should it exercise such rights.
19.5. Sections 2 to and including section 19 shall survive and remain in effect even if this agreement has been terminated.
20. Third party software and service terms and conditions
If you download any software from any third party including but not limited to apple, by downloading and/or using the third party software you agree to be bound by their terms, conditions and policies. Design Vegha recommends that you familiarize yourself with those terms and conditions before downloading and/or using any software. Design Vegha disclaims any liability associated with your use of such software, or for your failure to view or comply with any third party’s terms, conditions and policies. Where there is a conflict between Design Vegha’s terms and conditions and the terms and conditions of the relevant third party software’s terms and conditions, the third party’s terms and conditions shall prevail.
21. Download policies
21.1. Design Vegha provides free stock images to its subscription and/or members a user license, and the license means you can do any and all of the following:
⦁ Download the image file
⦁ Publish, revise, copy, alter, and share that image
⦁ Use the image (as-is or as you’ve altered it), in both personal and commercial contexts
21.2. Subscription and/or members can put Design Vegha images to any of these usages without buying the right to do it, acquiring written permission from the image’s creator, or attributing the work to the image creator. In other words, there’s no fee to download or use these Design Vegha images in accordance with this user license and service provided under stock images. . They’re free to download, free to edit, and free to use – even for commercial project. However, we encourage our subscribers / members you to include an appropriate attribution to Design Vegha, but not necessary.
21.3. The subscription and/or members cannot use these downloaded images to imply any kind of endorsement on the part of the image creator or any person or product depicted in the image. So, the subscription and/or members can’t imply or state that the very attractive person depicted in your image thinks your brand is the best thing ever. The subscription and/or members can’t pass the image or the photographer as a direct stamp of approval for the subscriber, your company, or your products or services.
21.4. The subscription and/or members cannot sue or claim any kind of liability against the person, affiliate, employees of Design Vegha who created the image on any kind of theory of warranty or guarantee in the image. All such warranties and liabilities are explicitly disclaimed to the fullest extent allowed by any applicable laws.
The governing language of these terms and conditions shall be the english language. In the event of a dispute between the English and any non-English version of these terms and conditions, the English version shall prevail.
24. Entire agreement
24.1. This agreement constitutes the entire agreement between you and Design Vegha and governs your use of the subscription and/or membership and any related software, superseding any and all prior communications and agreements, oral or written, between you and Design Vegha.
24.2. If any part of this agreement is held invalid or unenforceable, that section of the agreement will be construed in a manner consistent with applicable law to reflect as closely as possible, the original intentions of the parties and the remaining sections shall remain in full force and effect. Design Vegha’s failure to enforce any right or provisions in this agreement will not constitute a waiver of such or any other provisions. Design Vegha will not be responsible for failures to fulfill any obligations due to causes beyond its control.
24.3. The united nations convention on contracts for the international sale of goods does not apply to this agreement.
24.4. You cannot assign or transfer ownership of this agreement to any person or legal entity without written approval of Design Vegha. Design Vegha may assign or transfer ownership of this agreement without notice to you or without obtaining your consent to (i) an affiliate, (ii) a company through a sale of assets by Design Veghaor (ii) a successor via a merger. Any assignment in violation of this section shall be null and void.
25. Governing law and jurisdiction
25.1. This agreement and all transactions contemplated by it, shall be governed by, construed and enforced in accordance with the laws of the India.
25.2. Any dispute arising out of or in connection with this agreement and its associated terms and conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the arbitration rules of the Indian courts, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be madras high court . The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of India.
26. Request for further information
If you require further information please contact Design Vegha by email to: firstname.lastname@example.org.