Before using the features and services of MyDesignKart Platform (“MyDesignKart Platform”) provided by MyDesignKart Inc. and its affiliates (collectively “we”, “us” or “MyDesignKart Group”), please carefully read and fully understand this User Agreement (“Agreement”), especially the terms of exemption or restriction of the responsibility of MyDesignKart Group, the terms of exclusion or restriction of user rights, and the terms of jurisdiction, etc. These terms are usually capitalized to remind you.
If you have any concerns about the terms of this Agreement, please send emails to MyDesignKart Group support team via_____________. If you disagree with any of the following terms in this Agreement, please stop using MyDesignKart Platform, as your using will be deemed as approval and full acceptance of the entire content in this Agreement.
1. Application and Acceptance of this Agreement
1.1 This Agreement is an agreement signed between users (or “you”) and
MyDesignKart Group regarding the use of MyDesignKart Platform related services and has a contractual effect.
1.2 If MyDesignKart Group has posted or provided a translation of this Agreement, you agree that the translation is provided for convenience only and that this English version will govern your access to and use of MyDesignKart Platform.
1.3 Please read the Terms of Service and the Privacy Policy before using our Site and Service. This Agreement is legally binding and governs your use of our App, Site and Service. By using or accessing any part of our Site or Service you agree to be bound by these Terms of Service and the Privacy Policy. 1.4 We may amend our Terms of Service or Privacy Policy from time to time and we ask you to check this page as this Agreement or our Privacy Policy may have changed. Your continued use of our App, Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy and Terms of Service.
1.5 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe
that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
1.6 You agree, understand and acknowledge that the website is an online platform that enables you to purchase / use products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that MyDesignKart is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on MyDesignKart.in.
1.7 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
2. Services We Provide
2.1 MyDesignKart is a revolutionary platform that redefines the landscape of architectural and design innovation .Our website boasts an extensive repository> featuring a diverse array of architectural concepts, mood boards, 3D designs, working AutoCAD drawings, Sketchup Models, and Photoshop files. From intricate details like railings to comprehensive project sets for institutions like hospitals, MyDesignKart is a treasure trove of inspiration and practical solutions, catering to both architects and non architects. MyDesignKart sparks architecture and design with innovation, efficiency and community.
2.2 MyDesignKart is a platform which provides for magnificent results for both architects and non-architects and for both the buyer and seller as it provides efficiency through ready designs, it provides enhance options for client Showcase. It provides cost efficiency, streamlined operations and also provides for monetization opportunities along with support for emerging talents for architecture and for non-architect users and for buyers MyDesignKart offers idea for exploration and inspiration, provides with enormous amount of DIY Projects, has a very cost saving approach and has helps to establish and maintain good connectivity and accord to customers.
3.Who May Use the Services
3.1 You may use MyDesignKart Platform only if you agree to form Agreement with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must reach the age of majority under applicable jurisdiction.
3.2 If you are accepting this Agreement and using MyDesignKart Platform on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity.
3.3 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not MyDesignKart.in, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
3.4 You must not use the website for any of the following: for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that does not belong to you; or is illegal, is offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;.
to deceive or mislead the addressee about the origin of messages.
4. Architect’s Obligations
4.1 provide the Services and perform its obligations using reasonable care and skill in accordance with the normal standards of the architect profession;
4.2 keep the Client informed of progress in the performance of the Services and of any issue that may affect the programme, cost or quality of the Project;
5. Client’s obligations
5.1 ensure that the data is complete and accurate and meet its requirements for the Project;
6. Your Privacy
6.1 Your privacy is of great importance to us. Please read the MyDesignKart ("Privacy Policy") as it describes the types of personal data we collect from you and your devices, how we use your personal data, and the legal basis we have to process your personal data. In some cases, we will provide separate notices and request your consent.
7. Your Account
7.1 You can sign in to MyDesignKart Platform through MyDesignKart user account and third-party website account, including Facebook, Google, Twitter, or you can enjoy limited services such as browsing and information review as an anonymous user.
7.2 You can create a MyDesignKart user account by signing up online. You are responsible for all activities that occur under your MyDesignKart user account. Please notice that registering a MyDesginKart user account does not mean that you can use all the services provided by MyDesignKart Platform.
7.3 You reserve the right to terminate your MyDesignKart user account. When you decide not to use your MyDesignKart user account, you shall first confirm that there are no unexpired tasks under your MyDesignKart user account. At the same time, you may withdraw all available funds (if any) from your MyDesignKart user account or issue other legal payment orders, and apply to cancel your MyDesignKart user account to MyDesignKart Group after paying off all the service fees. After the manual approval of MyDesignKart Group, your user account will be officially cancelled.
7.4 If your MyDesignKart user account is closed (whether by you or us), a few things will happen. First, your right to use the MyDesignKart user account will stop immediately. Second, we will delete all the data associated with your MyDesignKart user account or will otherwise disassociate it from you and your MyDesignKart user account, unless we are required by applicable laws to keep it, return it, or transfer it to you or a third party identified by you.
8. Account Security & Management
8.1 Please carefully keep your MyDesignKart user account information, including the account number, password, verification code and other information. Your MyDesignKart user account can only be used by you and is prohibited from being transferred, traded, donated, rented or borrowed. If MyDesignKart Group finds that your MyDesignKart user account has been transferred, traded, donated, rented or borrowed, we reserve the right to ban your account without any notification and not to bear the legal responsibility to you. The resulting losses, including but not limited to service interruption and the clearance of user data and content are borne by you.
8.2 In order to protect the transaction security, MyDesignKart Platform may require you to complete the real-name authentication and provide more identity materials and information for further identity authentication or qualification verification when you need to activate some features and services of MyDesignKart Platform. You must provide the true, latest, valid and complete information at the request of MyDesignKart Platform.
8.3 You agree to notify MyDesignKart Group immediately of any unauthorized< use of your user account or any other breach of account security. MyDesignKart Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your awareness.
9. Code of Conduct
9.1 You undertake not to use MyDesignKart Platform for any illegal purpose or in any illegal way, undertake to comply with all applicable laws, and comply with all separate agreements, rules and guides related to MyDesignKart Platform.
9.2 You agree and warrant that MyDesignKart Platform may not be used to facilitate or assist the following acts, nor may it be produced, uploaded, stored, distributed or disseminated in connection with the following acts: (1) Spreading obscenity, pornography, gambling, violence, murder, terrorism, or abetting crimes;
(2) Insulting, slandering others, or infringing on the lawful rights and interests of others.
9.3 You agree and warrant that the use of MyDesignKart Platform is subject to this Agreement and related business rules and controls, and may not be used to engage in, including but not limited to the following acts, or to facilitate the following acts:
(1) Providing information for real-name authentication without authenticity, completeness or accuracy;
(2) Transferring, selling, renting, lending or sharing your MyDesignKart user
account with others;
(3) Conducting any damage or attempt to damage the security of the network,
including but not limited to viruses, trojans, malicious code, phishing, malicious
scanning, illegal intrusion, unauthorized access, etc.;
(4) Conducting any change or attempt to change the system configuration
provided by MyDesignKart Platform or to compromise the security of
MyDesignKart Platform;
(5) Deleting all copyright information of MyDesignKart Platform, conducting
reverse engineering, reverse compiling, reverse compiling of MyDesignKart
Platform, or trying to find the software source code of MyDesignKart Platform
in other ways;
(6) Copying, changing, modifying, linking to MyDesignKart Platform
commercially, or creating any derivative works or products, or using plug-ins,
plug-ins or unauthorized tools to access, interfere with, or affect MyDesignKart
Platform;
(7) Accessing or trying to access our MyDesignKart Platform through web
crawlers or other automatic methods, or violate robots.txt or similar files in
MyDesignKart Platform;
(8) Using, leasing, lending, copying, modifying, linking, reprinting, compiling,
publishing, or establishing mirror sites of data related to MyDesignKart
Platform commercially;
(9) Conducting any operation done out of malice, or which may damage any
rating or comment on MyDesignKart Platform, and any act that may affect the
integrity or accuracy of MyDesignKart Platform;
(10) Using technology or other methods to destroy and disrupt the operation of
MyDesignKart Platform and the use of MyDesignKart Platform by other users;
(11) Circumventing any restrictions on access to or availability of
MyDesignKart Platform;
(12) Infringing upon the rights of others or engage in activities that violate the
privacy or data protection rights of others;
(13) Helping others break these rules.
9.4 If MyDesignKart Group finds that your behavior violates applicable laws
or this Agreement by its own or according to the information collected by other
entities or individuals, MyDesignKart Group may take one or more of the<
following measures based on its independent judgment:
(1) Requiring you to replacing and modifying the contents relating to Article 9.2
immediately;
(2) Deleting and blocking related contents relating to Article 9.2 or disconnect
links of these contents directly;
(3) Restricting and suspending your use of MyDesignKarts Group, including
but not limited to the direct downline of some of the services of MyDesignKart
Platform and restrictions on your operation of MyDesignKart Platform, etc.;
(4) Terminating of your use of MyDesignKart Platform, including but not
limited to the downline of all the services of MyDesignKart Platform and the
cancellation of your MyDesignKart user accounts, etc.
9.5 When MyDesignKart Group take measures under Article 7.4,
MyDesignKart Group will provide you with a complaint channel, which will be
notified by email, message, SMS or your phone.
9.6 If you violate applicable laws or terms of this Agreement in the process of
using MyDesignkart Platform, resulting in the loss of MyDesignKart group
other users or any third party, you shall bear all the responsibilities, and
MyDesignKart Group shall not bear any responsibility for this
10. Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any
products with the Sellers ("We" or "Our" or "Us", wherever applicable)
on the MyDesignKraft.in (the website). These conditions signify your
agreement to be bound by these conditions.
We and you are independent contractors, and this Agreement will not be
construed to create a partnership, joint venture, agency, or employment
relationship. Neither party, nor any of their respective affiliates, is an agent of
the other for any purpose or has the authority to bind the other. Both parties
reserve the right (a) to develop or have developed for it products, services,
concepts, systems, or techniques that are similar to or compete with the
products, services, concepts, systems, or techniques developed or contemplated
by the other party, and (b) to assist third party developers or systems integrators
who may offer products or services which compete with the other party’s
products or services.
11. Language
All communications and notices made or given pursuant to this Agreement
must be in the English language. If we provide a translation of the English
language version of this Agreement, the English language version of the
Agreement will control if there is any conflict.
12. Pricing and Availability
We list availability information for products sold by us on the website,
including on each product information page. Beyond what we say on that page
or otherwise on the website, we cannot be more specific about availability.
Please note that dispatch estimates are just that. They are not guaranteed
dispatch times and should not be relied upon as such. As we process your order,
you will be informed by e-mail if any products you order turn out to be
unavailable. All prices are inclusive of VAT/CST, service tax, Goods and
Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
13. Intellectual Property
13.1 MyDesignKart gives you a personal, royalty-free, non-assignable and non-
exclusive license to use MyDesignKart Platform. This license has the sole
purpose of enabling you to use and enjoy the benefit of the services of
MyDesignKart Platform as provided by MyDesignKart Group, in the manner
permitted by this Agreement.
13.2 The intellectual property rights, including but not limited to trademark
rights, patents, copyrights and trade secrets of all contents on MyDesignKart
Platform, including but not limited to projects, images, files, information,
documentations, platform architecture, platform screen arrangement and web
design belong to MyDesignKart Group or other right holders. Without the
specific written agreement of MyDesignKart Group or other right holders, no
one shall use, modify, reproduce, publicly display, alter, distribute or publicly
publish programs or contents of MyDesignKart Platform. Without the specific
written agreement of MyDesignKart Group, no one shall reproduce, copy,
forge, sell, resell or access MyDesignKart Group or any part thereof for any
commercial purposes.
13.3 MyDesignKart respects and protects intellectual property rights and has
specifically formulated the Intellectual Property Terms as an integral part of this
Agreement and has the same legal effect as this Agreement. Please be sure to
carefully read and understand the relevant terms of the Intellectual Property
Terms. Where the terms of this Agreement differ from the Intellectual Property
Terms and are not expressly agreed, the contents of the Intellectual Property
Terms shall prevail.
14. Disclaimer
You acknowledge and undertake that you are accessing the services on the
website and transacting at your own risk and are using your best and prudent
judgment before entering into any transactions through the website. You further
acknowledge and undertake that you will use the website to order products only
for your personal use and not for business purposes. We shall neither be liable
nor responsible for any actions or inactions of sellers nor any breach of
conditions, representations or warranties by the sellers or manufacturers of the
products and hereby expressly disclaim and any all responsibility and liability in
that regard. We shall not mediate or resolve any dispute or disagreement
between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability, completeness,
timeliness, performance, safety, merchantability, fitness for a particular
purpose, or legality of the products listed or displayed or transacted or the
content (including product or pricing information and/or specifications) on the
website. While we have taken precautions to avoid inaccuracies in content, this
website, all content, information (including the price of products), software,
products, services and related graphics are provided as is, without warranty of
any kind. We do not implicitly or explicitly support or endorse the sale or
purchase of any products on the website. At no time shall any right, title or
interest in the products sold through or displayed on the website vest with
MyDesignKart nor shall MyDesignKart have any obligations or liabilities in
respect of any transactions on the website.
15. Indemnity and Release
You shall indemnify and hold harmless MyDesignKart Limited, its subsidiaries,
affiliates and their respective officers, directors, agents and employees, from
any claim or demand, or actions including reasonable attorney's fees, made by
any third party or penalty imposed due to or arising out of your breach of these
Conditions of Use or any document incorporated by reference, or your violation
of any law, rules, regulations or the rights of a third party.
You hereby expressly release MyDesignKart Limited and/or its affiliates and/or
any of its officers and representatives from any cost, damage, liability or other
consequence of any of the actions/inactions of the vendors and specifically
waiver any claims or demands that you may have in this behalf under any
statute, contract or otherwise.
16. Complaints
If any issues arise concerning the provision of the Services that the Client is not
able to resolve with their day-to-day contact at Architect(s), the Client should
refer the matter in writing to MyDesignKart Limited at _______________. A
copy of Architect(s) complaints procedure is available on request.
17. Photography and publicity
MyDesignKart Limited shall have the right to publish photographs and images
relating to the Client’s project on our website, social media platforms and in any
other marketing publications or magazines. The Client shall give us reasonable
access for this purpose for two years after practical completion of the Project.
18. Communications
When you visit MyDesignKart.in, you are communicating with us
electronically. You will be required to provide a valid phone number while
placing an order with us. We may communicate with you by e-mail, SMS,
phone call or by posting notices on the website or by any other mode of
communication. For contractual purposes, you consent to receive
communications (including transactional, promotional and/or commercial
messages), from us with respect to your use of the website and/or your order
placed on the website.
18. Losses
We will not be responsible for any business loss (including loss of profits,
revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or
any other indirect or consequential loss that is not reasonably foreseeable to
both you and us when you commenced using the website.
19. Changes
We reserve the right to modify or replace these Terms at any time. If a revision
is a material we will try to provide at least 30 days notice prior to any new terms
taking effect. What constitute right to modify or replace these Terms at any
time. If a revision is a material we will try to provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will be
determined at our sole discretion.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to the
new terms, please stop using the Service, a material change will be determined
at our sole discretion. By continuing to access or use our Service after those
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, please stop using the Service.
20. Legal Application & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws
of India. All disputes in connection with this Agreement or the execution
thereof shall be settled through friendly negation. In case, no settlement can be
reached through consultation, you agree to refer the dispute to arbitration by
Delhi International Arbitration Centre (DIAC”) pursuant to the DIAC’s
arbitration rules effective at the time of application. The seat of arbitration shall
be Delhi. The arbitral award shall be final and binding on the parties.
20. Waiver
If you breach these conditions and we take no action, we will still be entitled to
use our rights and remedies in any other situation where you breach these
conditions.
21. General
21.1 Force majeure. Neither party shall be in breach of the Contract nor liable
for delay in performing, or failure to perform, any of its obligations under the
Contract if such delay or failure result from events, circumstances or causes
beyond its reasonable control.
21.2 Assignment. Neither Architect(s) nor the Client shall assign, transfer,
mortgage, charge, subcontract, delegate, declare a trust over or deal in any other
manner with any of its rights and obligations under the Contract without the
prior written consent of other, which consent shall not be unreasonably withheld
or delayed.
21.3 Confidentiality.
21.3.1 Each party undertakes that it shall not at any time disclose to any person
any confidential information concerning the Project and the business, affairs
and commercial contacts of the other party, except as permitted by clause
21.3.2.
21.3.2 Either party may disclose the other’s confidential information: a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out its obligations under the Contract;
b) to take professional advice in relation to the Contract or Services, or in order
to obtain/maintain insurance cover; and
c) as may be required by law, a court of competent jurisdiction or any
governmental or regulatory authority.
21.3.3 Neither party shall use the other party’s confidential information for any
purpose other than to perform its obligations under the Contract.
21.4 Entire agreement. If the Client is a business client, the Contract
constitutes the entire agreement between the Client and Architect(s) and
supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between them, whether written
or oral, relating to its subject matter. The Client acknowledges and agrees that it
has not relied on any undertaking, promise, assurance, statement, representation,
warranty or understanding (whether in writing or not) of any person (whether
party to the Contract or not) relating to the subject matter of the Contract, other
than as expressly set out in the Contract.
21.5 Severance. If any provision or part-provision of the Contract is or
becomes invalid, illegal or unenforceable, it shall be deemed modified to the
minimum extent necessary to make it valid, legal and enforceable. If such
modification is not possible, the relevant provision or part-provision shall be
deemed deleted. Any modification to or deletion of a provision or part-provision
under this clause shall not affect the validity and enforceability of the rest of the
Contract.
22. Contact Us
If you have any questions about these Terms, please contact us at