Terms & Conditions
OVERVIEW
This website is operated by Orange Gubbi. Throughout the site, the terms “we”, “us” and “our” refer to Orange Gubbi. Orange Gubbi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.Scope
1.1. www.orangegubbi.com, including all sub–domains and mobile apps thereof (collectively, hereinafter called the “Site”) is owned and operated by Orange Gubbi. The Site provides an online interior design solution which focuses on bringing the best of designs in the form of a customized solution for your home. In these Terms and Conditions, the words “you”, “your”, “Member” and “User” refers to any person accessing or using the Site, and the words “we”, “us”, and “our” refers to “Orange Gubbi”.
2. Modification of Terms and Conditions. Orange Gubbi may make changes to the Terms and Conditions at any time. The revised Terms and Conditions shall be made available on the Site. Your use of the Site is subject to the most current version of the Terms and Conditions made available on the Site at the time of such use. You are requested to regularly visit the home page www.orangegubbi.com to view the most current Terms and Conditions. Your continued use of the Site, following changes to the Terms and Conditions, will constitute your acceptance of those changes.
3. Under age user policy. In order to use Orange Gubbi, you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (herein after the “Minors”) are prohibited from registering for and/or posting queries on this Site. A legal guardian of a Minor may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian shall be solely responsible for everything done with that user account. You represent that the information you provide about yourself, as requested in any account registration form on Orange Gubbi, is accurate and complete.
4. Reserved Rights. Without limitation to all other rights, we expressly reserve the right at any time to: 4.1. Modify these Terms and Conditions; 4.2. Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings; 4.3. Terminate the membership/user account of any Member that does not comply with these Terms and Conditions; 4.4. Modify fee structure or charges for using the Site or price of its goods and services offered through the Site.
5. Online Conduct. At all times when using or accessing this Site, you agree that:
5.1. You are solely responsible for the content or information you publish or display (hereinafter, the “Post”) on the Site or transmit to other Members.
5.2. Not to:
5.2.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
5.2.2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
5.2.3. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer.
5.2.4. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
5.3. You will not falsify your identity, misrepresent yourself or cause any misleading information to be entered in any way on the Site or on your User Profile.
5.4. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products and services through the Site.
5.5. You will not transmit any chain letters, spam or junk email to other Members or to us.
5.6. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
5.7. You will not harvest or collect personal information about other Members whether or not for commercial purposes, without our written consent.
5.8. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
5.9. You will not post, email or otherwise transmit any material that contains software viruses or malware.
5.10. You hereby grant Orange Gubbi permission to add content to your User profile at its sole discretion.
5.11. You will not modify, adapt, sub–license, translate, sell, reverse engineer, decipher, de–compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
5.12. You are solely responsible for your interactions with other Members, if any. Orange Gubbi reserves the right, but has no obligation to monitor disputes between you and other Members.
5.13. If the Site provides review options, you will not, for any reason, directly or indirectly submit reviews to a Profile with which you are affiliated. Reviews shall only be posted by actual clients who had availed the services or bought goods. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion.
5.14. You will not re–sell or re–offer any designs, services or goods you receive through Orange Gubbi to another User (as the case may be), nor will you re–offer or post to any website any lead, design, service you receive through your relationship with this Site. Failure to comply with these provisions outlined above may result in immediate suspension or termination of your right to use the Site, without prejudice to other remedies under law. We reserve the right, in our sole discretion and in all instances, to determine whether a Member/User has or has not complied with any provision contained in these Terms.
6. Registration and Membership of Users6.1. While you can without registering, visit and post requests on our Site, to obtain access to certain other materials or information from our Site, You may be required to become a registered user to access certain information. You agree to provide us with accurate, complete, and updated information required by the registration form (“Registration Data”). Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.
6.2. When you register at our Site, you will create a password and a user id, which will provide you access to certain services and materials available through the Site unless revoked by us for any reason. You agree not to disclose your user id and password to any third party. You agree to be responsible for and to indemnify, defend and hold Orange Gubbi, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password.
7. Links To Other Web Sites And Services. We do not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, we do not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our Members’ convenience. Access to such other sites is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Orange Gubbi is used as part of the link to this Site.
8. Our Services
8.1. We provide our services and work as follows:
8.1.1. We provide interior designing related services and relevant information including photos and videos of our products and services available through the site to the Users.
8.1.2. Upon receiving your request for a price quote for our products and services offered on the site, we shall provide you the estimated price quote for the same product and services or for the customized product and services, as may be applicable. We may inspect your premises, where the final and customized products are to be installed and services are to be provided, for obtaining correct measurements and other related purposes.
8.1.3. We shall coordinate with you for finalizing the terms for providing the requested goods and services for customized products in the form of a ‘work contract’. Such work-contract shall carry additional terms and conditions applicable specifically to your order, in addition to these Terms and Conditions.
9. Orange Gubbi’s Fee and Prices
9.1. All commercial / contractual terms are offered by us upon receiving a request from you to avail / buy our products and services and shall be deemed to be accepted and agreed by you upon you signing our work-contract. The commercial / contractual terms include without limitation estimated price of goods and services, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Without prejudice to the foregoing, you agree that we may provide certain additional support services to you which may be additionally chargeable.
9.2. You understand and agree that our products and services shall be customized according to your requirements and therefore the price quote provided to you for our products and services shall only be an estimate and the final cost of the products and services may vary. 9.3. All payments made to us post confirmation of the order and signing of the work contract shall be inclusive of all applicable taxes unless otherwise agreed in writing.
10. Licenses and Statutory Compliances
10.1. You agree that you shall be responsible for obtaining all licenses, permits, consents and approvals required for installation of products & availing our services and shall also be responsible for all statutory compliances related to the installation at your cost. If due to any circumstance, we are compelled or obliged to bear any statutory, regulatory, industry-association, residents’ welfare association, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and indemnified by you on our demand.
10.2. Users agree that we provide interior decoration and designing solutions to Users and are not involved with obtaining required permits, consents and approvals for installation of products / services offered on the Site, which is the sole responsibility of the User. We shall not be liable for any defaults for non-compliance with statutory rules and regulations applicable on the installation.
11. Cancellation Policy
11.1. Unless otherwise agreed with the User in writing, upon cancellation of an order by using the site or otherwise, Members / Users agree to the following terms:
11.1.1. Users understand and agree that the payments made by them to Orange Gubbi are against certain standard / customized products and services agreed to be purchased / availed by them from the site and that such products and services may have been customized by us specially for them upon receiving their request.
11.1.2. Orders/works-contracts once signed are expected to be non-cancellable by User/You.
11.1.3. However, if the User cancels his order for any reason whatsoever once the work has commenced, then the monies already paid by the User shall stand forfeited and will not be refunded, and User shall be additionally liable to pay for Orange Gubbi’s service charges (as determined by it), and for all costs borne for materials ordered under the relevant work-contract.
11.1.4. If we cancel your order unilaterally without any reason, then our liability shall be limited up to the refund of your entire amount paid to us.
Information on the website
12. Disclaimer
12.1. The contents of our site, and the site as a whole, is intended strictly for the purposes of: (i) showcasing various customizable interior and furniture design offerings to the Users, and (ii) posting of queries by Users for requesting certain information from us like price quote, size of various furniture products etc. (collectively, “Permitted Uses”). We do not guarantee the availability / feasibility of any interior design / furniture available on the site.
12.2. Some products and services available / offered on the site to you may be subject to additional terms and conditions. Such additional terms and conditions shall be specific to some products and services and the same shall be available for you alongside the products and services on the site as well as in the work contract agreed and signed between you and us. By accepting these Terms, you agree to abide by and adhere to those terms and conditions as well.
12.3. We do not represent or guarantee that this site or our services will fully customize the interior designs or furniture offerings as per your requirements. Failure to receive the outcome you expected does not warrant a refund of payment.
12.4. We do not endorse, sanction, or verify Members on this site. Contacting other Members, whether through our site or separately is at your own risk, and we disclaim all liability with regard to your dealings with any Member registered on this site.
13. Intellectual Property Rights
13.1. Site Content Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties vested in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by us. The site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by us. Unless otherwise noted, by using a third party’s trademark or trade name on this site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site.
13.2. License to Submissions. With respect to any photographs, designs, images, video clips, sound clips, or other media files that you may provide to us with regard to your queries (collectively, “Submissions”), such Submissions shall remain your property. You hereby unconditionally grant us a non–exclusive, irrevocable and royalty–free license to use, reproduce, publicly perform and publicly display, the Submissions solely in connection with the site. We do not endorse, sanction or verify, and specifically disclaim responsibility or liability for any User profiles. You represent, warrant and agree (i) that you are authorized to submit the Submissions you provided to us and to license the same to us as set forth above; and (ii) that all Submissions submitted by you to the site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as we shall have no obligation to return any content to you should it become damaged or lost.
13.3. License related to Performance. Users agree that we shall have a non–exclusive, irrevocable and royalty–free license and right to use, reproduce, display, exhibit or otherwise utilize imagery, photographs and limited portions of video recordings / photo shoots of the interior designing or its execution at the your requested location. This license to such materials shall be used by us for limited and reasonable purposes of promotional and advertorial activities, and may also be displayed through our archives, brochures, digital properties and site.
14. Jurisdiction. These Terms and Conditions shall be governed by the laws of India, and courts at Bengaluru, Karnataka, shall have exclusive jurisdiction to adjudicate upon any dispute under, or interpretation of this, electronic contract. --x--
