REVIEWS

terms and conditions, privacy policy & refund policy

Additional Information

PRIVACY POLICY FOR USERS

AKASTI DESIGNS is committed to respecting the privacy of every person who shares personal information with us, including their name, address, phone number, email address, date of birth, bank account information, company, designation and any other descriptive information that you may provide about yourself and/or that may be used to identify such individual ("Personal Information") through the akastidesigns.com website and / or mobile application (“Platform”) or through our authorized third party partners. Your privacy is important to us and we strive to take reasonable care in the protection of the information we receive from you.

By providing us your Personal Information, you hereby

(i) consent to the collection, storage, use, disclosure, processing and transfer of such information (whether in India or outside), and

(ii) represent that you have taken necessary consents from such persons on behalf of whom you have shared the information with us for the purposes as disclosed in this Policy. You are providing the information out of your free will. You have the option not to provide us the data or Personal Information sought to be collected if you do not agree with this Policy.

Further, you have the option to not provide your consent, or withdraw any consent given earlier, provided that the decision to not provide consent / withdrawal of the consent is communicated to us at info@akastidesigns.com. If you do not provide us Personal Information or withdraw the consent to provide us with any of your Personal Information at any point in time, we shall have the option not to provide the benefits for the purpose of which the said Personal Information was sought, including various functionalities of the Platform.

Personal Information and its Usage

We and/or our authorised Service Providers may collect, disclose, process and transfer your Personal Information:

Through the Platform either by us or our Service Providers. Such Service Providers are also bound by the privacy restrictions contained in the Policy;

To provide you with related benefits and services and to engage in / carry out the activities that would enable and assist in providing you the benefits and any services arising out of or by you accessing and using the Platform;

To understand your needs (how you use our Platform, Services you like, manner of use of Services) and to bring new and improved Services to you;
To contact you via SMS, email and other modes of communication in relation to Services availed by you, communicate offers, promotional events, updates and news on Services that may be of interest to you;
To transfer information about you if we are acquired by or merged with another company or in case of change of control;
TOU of the Platform; 
To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; and
 To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of / on the Platform or as otherwise required by law.

We may also remove all the personally identifiable information and use the rest of the anonymized data / information enlisted above for historical or statistical purposes.

We reserve the right to record the conversations between you and Service Providers or you and other Users facilitated by AKASTI DESIGNS through the Community feature on the Platform and the calls made by you or Service Providers to you through the AKASTI DESIGNS virtual phone number feature to safeguard the privacy of Users and Service Providers. The chat/messaging logs and/or call recordings may be used to ensure compliance with the Terms of Use and this Policy including to monitor and prohibit abuse, safeguard the rights of Users and Service Providers to resolve the disputes.

You hereby consent that the collection, disclosure, storage, processing and transfer of any Personal Information or any other information as disclosed under this Policy shall not cause any loss or wrongful gain to you if the same is used for the purposes stated in this Policy.

The Platform may contain links to websites maintained by third parties. AKASTI DESIGNS does not have any control over such third-party websites. You are advised to review the privacy policy and other terms of each website that you visit.

Collection of Automatic Information, Use of Cookies

We may collect and process information about your visit to the Platform, such as the pages you visit, some of the searches you perform, your browser type, IP address. Such information is used by us to help improve the contents offered through the Platform and to compile aggregate statistics for internal, market research purposes.

In doing this, we may install "cookies" that collect the domain name of the user, your internet service provider, your operating system, and the date and time of access. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide numerous features that require remembering who you are.

You can choose to accept or decline cookies. You can set your browser to notify you when you receive a "cookie," this will enable you to decide if you want to accept it or not. We would like to inform you, however, that if you do not accept you may not be able to use all functionality of your browser software. We may obtain the services of outside parties to assist us in collecting and processing the information described in this section.

Authorization

AKASTI DESIGNS may choose to host their data in servers located outside of India. You authorize us to store, transfer, share, part with your Personal Information, across borders and from your country and jurisdiction to any other countries and jurisdictions across the world (including India), with our affiliates / agents / third party service providers / partners and other agencies for purposes specified under this Policy or as may be required by law.

Retention of Personal Information

AKASTI DESIGNS shall not retain your Personal Information after the purposes for which it is sought (as detailed in this Policy) is served or as otherwise required under any other law for the time being in force. The Personal Information shared by you shall be used only for the purpose for which it is collected and in the manner agreed by you. Personal Information however may remain on the servers unless otherwise deleted or purged permanently.

Security

The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures compliant with SOC2 and ISO 27001, as further described on our akastidesigns.com Platform, to ensure that the Personal Information collected is secure. We also use encryption to help protect your Personal Information against unauthorized access and disclosure. You agree that such measures are secure and adequate.

While we will endeavor to take all reasonable and appropriate steps to keep secure any information which we hold about you and prevent unauthorized access, you acknowledge that no electronic medium / security measure is 100% secure and that we cannot provide any absolute assurance regarding the security of your Personal Information submitted to us. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by any unauthorized access in relation to your Personal Information.

Access

If you need to access to your Personal Information, update or correct your Personal Information for any reason, you may do so by writing to us at info@akastidesigns.com, and your Personal Information will accordingly be updated / corrected on a real-time basis.

We encourage that you to update your Personal Information as and when there are any changes. You are further responsible to ensure that the Personal Information provided by you is true and accurate. We shall not be responsible for the authenticity of the Personal Information supplied by you and you shall indemnify and hold us harmless for relying on the Personal Information provided by you in case of your breach of this Policy and in case of any loss and/or damage suffered by us arising out of our use or reliance on the Personal Information provided by you.

In the event you wish to know the names and addresses of the third parties to whom your Personal Information has been disclosed, you may request us for such information by communicating to us at info@akastidesigns.com. We will make all reasonable efforts to revert to you within a reasonable period of time, with the information that you require.

Grievance Officer

may be intimated to Mr. Mayank at mayank@akastidesigns.com.

We will endeavour to respond within an appropriate timeframe.

Contacting Us

We can address any questions, comments and concerns about our online privacy practices and policy. Please write to our Team at info@akastidesigns.com.

PRIVACY POLICY FOR SERVICE PROVIDERS

AKASTI DESIGNS is committed to respecting the privacy of its Service Providers (as defined in the Terms of Use), who share personal information with us, including their name, date of birth, address, phone number, email address, professional qualification and any other descriptive information that you may provide about yourself any other information and/or that may be used to identify such natural individuals ("Personal Information") through the akastidesigns.com website and / or AKASTI Partner mobile application (“Platform”). Your privacy is important to us and we strive to take reasonable care in the protection of the information we receive from you.

The purpose of this Privacy Policy ("Policy"), as amended from time to time, is to give you an understanding on how we intend to collect, store, transfer and use the Personal Information you provide to us via the Platform. The Policy may be subject to further changes. Upon updating the Policy, we may revise the "Updated" date at the bottom of this Policy. We suggest that you regularly check this Policy available on the Platform to apprise yourself of any updates. Your continued engagement with us will imply yoh updates to this Policy. 

This Policy is incorporated into and is subject to the Terms of Use, which can be accessed at Terms of Use. This Policy is applicable to all Service Providers who visit, access and / or avail of the Platform and our Services as defined in the Terms of Use.

By providing us your Personal Information, you hereby (i) consent to the collection, storage, use, disclosure, processing and transfer of such information (whether within India or outside), and (ii) represent that you have taken necessary consents from such persons on behalf of whom you have shared the information with us for the purposes as disclosed in this Policy. You are providing the information out of your free will. You have the option not to provide us the data or Personal Information sought to be collected if you do not agree with this Policy. If you are a company or another legal entity and are providing information including Personal Information of your representatives, you represent that you have authority to do so and have apprised such natural persons of this Policy and have obtained required consent to share their Personal Information on the Platform.

Further, you have the option to not provide your consent, or withdraw any consent given earlier, provided that the decision to not provide consent / withdrawal of the consent is communicated to us at info@akastidesigns.com . If you do not provide us Personal Information or withdraw the consent to provide us with any of your Personal Information at any point in time, we shall have the option not to provide the benefits for the purpose of which the said Personal Information was sought, including various functionalities of the Platform.

Personal Information and its Usage

Additionally, we and/or our other Service Providers may collect, disclose, process and transfer your Personal Information:

through the Platform either by us or other Service Providers. Such arty Service Providers are also bound by the privacy restrictions contained in the Policy;
To provide you with related benefits and services and to engage in / carry out the activities that would enable and assist in providing you the benefits and any services arising out or by you accessing and using the Platform;
To understand your needs (how you use our Platform, Services you like, manner of use of Services) and to bring new and improved Services to you;
To contact you via SMS, email and other modes of communication in relation to Services availed/offered by you, communicate offers, promotional events, updates and news related to the Platform that may be of interest to you;

To verify the information provided by you regarding your services and conduct related background checks;

To transfer information about you if we are acquired by or merged with another company or in case of change of control;

To administer or otherwise carry out our obligations, including our obligations under the Terms of Use of the Platform; 

To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; and 

To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of / on the Platform or as otherwise required by law.

We may also remove all the personally identifiable information and use the rest of the anonymized data / information enlisted above for historical or statistical purposes.

The Platform may contain links to websites maintained by third parties. AKASTI DESIGNS does not have any control over such third party websites. You are advised to review the privacy policy and other terms of each website that you visit.

Collection of Automatic Information, Use of Cookies

 Authorization

AKASTI DESIGNS may choose to host their data in servers located outside of India. You authorize us to store, transfer, share, part with your a

Retention of Personal Information

Security

Access

If you need to access to your Personal Information, update or correct your Personal Information for any reason, you may do so by writing to us at info@akastidesigns.com,and your Personal Information will accordingly be updated / corrected on a real-time basis.

In the event you wish to know the names and addresses of the third parties to whom your Personal Information has been disclosed, you may request us for such information by communicating to us at [Please provide the email ID]. We will make all reasonable efforts to revert to you within a reasonable period of time, with the information that you require.

Grievance Officer

If you find any discrepancies or have any grievances in relation to the processing of information under this Policy, please contact us at: mayank@akastidesigns.com

We will endeavour to respond within an appropriate timeframe.

any grievance or complaint or any discrepancies may be intimated to Mr. MayankChandel at mayank@akastidesigns.com.

AKASTI DESIGNS may choose to host their data in servers located outside of India. You authorize us to store, transfer, share, part with your

Cancellation and Refund Policy

This Cancellation and Refund Policy is an integral part of the AKASTI DESIGNS Terms of Use (the “Terms of Use”) and is incorporated therein by reference. Capitalised terms not defined in this Cancellation and Refund Policy shall have the meaning ascribed to them in the Terms of Use. This Cancellation and Refund Policy shall be read in conjunction with the Terms of Use. In the event of a conflict between the terms and conditions of the Cancellation and Refund Policy and those contained in the Terms of Use, the terms of the Terms of Use shall control, supersede and prevail and a breach of this Cancellation and Refund Policy shall be considered as a breach of the Terms of Use.

This Cancellation and Refund Policy provides information about cancellation and refund related terms and conditions applicable to the Services on the Platform.

AKASTI promises utmost customer satisfaction. However, in case of the expectations mismatch the User can request for cancellation or refund as follows:

Cancellation Policy:

All Service requests raised on the Platform will be reviewed for further processing (to assess whether AKASTI DESIGNS will be able to deliver such request or not). The status of the Service request will change to ‘Accepted’ when the Service request is deliverable by AKASTIDESIGNS.

It is hereby clarified that all amounts paid by the User for any Service will be made towards AKASTI DESIGNS and not any Service Provider.

A User can request for cancellation of the Service either

(i) till the time the status of the Service request changes to ‘Accepted’ on the Platform, or (ii) after the status of such Service request has changed to ‘Accepted’ subject to the conditions set out below. The User will be eligible to receive a refund of up to 100% of the amount paid towards such Service by the User in such cases.

(ii) Further, a User may cancel any Service requested by him/her when the Service request raised by the User is not ‘Accepted’ within 7 working days from the date of raising the Service request.

A User can make a request for cancellation of the Service, free of cost, after it has been ‘Accepted’, within a period of 24 hours from the time of ‘Acceptance’ of the Service request. The User will be eligible to receive a refund of up to 100% of the amount paid towards such Service by the User in such cases.

If a User wishes to cancel the Service after expiry of [24 hours] from the time of ‘Acceptance’ of the Service request, the User will be eligible to receive, as a refund, only a part of the amount paid towards such Service by the User, as set out in the table below.

Time of Request for Cancellation from the time of ‘Acceptance’

% of amount paid towards the Service eligible for refund

24 hours to 48 hours

70%

48 hours to 72 hours

50%

After 72 hours

For all Service requests raised on the Platform (on AKASTI DESIGNS), an estimated delivery time (“Estimated Delivery Date”) is intimated to the User for rendering such Service requests. However, if the Service is not rendered/delivered within 3 days of expiry of the intimated Estimated Delivery Date, the User can request for cancellation of the Service requested. The User will be eligible to receive a refund of up to 100% of the amount paid towards such Service by the User in such cases.

All cancellation requests can be made by the User by

(i) writing/sending an email to info@akastidesigns.com,

(ii) contacting/calling the AKASTI DESIGNS call center at 9340168376, or

(iii) choosing the cancellation option available in the AKASTI DESIGNS mobile application.

You cannot request for cancellation of a Service which has been rendered and delivered to You by AKASTI DESIGNS.

In the event, the Platform incurs any charges (including chargebacks and reversals) as a result of cancellation of any Service requested by a User, the Platform shall be entitled to charge a cancellation fee on the User and recover such sum either by way of deducting the sum from the refund amount payable to the User or separately charge the User the cancellation fees which shall be payable to the User within 7 days from the date of intimation of such cancellation fee.

AKASTI DESIGNS will stop all work on the Service request as soon as the User makes a cancellation request on such Service.

Refund Policy:

This refund policy is applicable only when the Service requested by the User is ‘accepted’ and is under process OR when the Service request has been rendered/delivered by AKASTI DESIGNS within the stipulated timeline and there is any deficiency in the Service rendered by AKASTI DESIGNS from the agreed Service request placed on the Platform by the User.

Please note that this refund policy is not applicable to Estimation Services. The Platform will not entertain any refund requests for Estimation Services.

Design Services

In relation to the Design Services offered by the Platform, if a User is not satisfied with the output / delivery of requested Design Service, the User can request for a change of the design or request for a modified iteration of the design. The Platform offers 3 (three) free iterations for delivered Get Layout Service, 1 iteration for Get 3D Service

(i) User can request for change of the design or request for a modified iteration of the 1st delivered Design Services. A request for a change or modified iteration of the Design Service can be made by the User through the

a. AKASTI DESIGNS mobile application,

b. contacting/calling the AKASTI DESIGNS call center at 9340168376,

c. writing/emailing to info@akastidesigns.com, or

d. via AKASTI DESIGNS Whatsapp account.

(ii) A User can make the first change request up to 10 days from the 1st delivery date of the Design Service. User must provide adequate information (including information in relation to the desired changes) within 7 days from the change request date.

(iii) Similarly, a User can make the second or third change requests up to 10 days from the 2nd and 3rd delivery date, respectively, of the Design Service. User must provide adequate information (including information in relation to the desired changes) within 7 days from the respective change request date.

(iv) If a User does not make a change request within 10 days from the date of rendering/delivering the Design Service request (as set out above), such User shall not be eligible to request a refund for such Service post expiry of the 10 days period. No refund request will be entertained by the Platform if an User fails to provide adequate information within 7 days after making the respective change request for the Design Service.

Even after mentioned changes / iterations, if the user is still not satisfied with the delivery of the service, User can request for the refund for stated service request.

(i) In such case, the refund request will be escalated to concerned team and refund will be processed accordingly

(ii) Once the refund is processed, respective delivered service output will be retrieved from the user account

Modes of payment to User in case of cancellation / refund:

(i) Refund amounts for any cancellation / refund will be credited to the User’s account from which the payment was made while generating/making the Service request.

(ii) Refund amounts will be credited to the User’s account within 7-10 working days subject to the policies of the User’s bank and applicable guidelines issued by the Reserve Bank of India from time to time.

AKASTI DESIGNS shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s registered mobile number and email address. AKASTI DESIGNS disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund.

If the request for refund is undisputed by AKASTI DESIGNS, the refund should reflect in the User’s bank account within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which AKASTI DESIGNS initiates the refund.

AKASTI DESIGNS solely reserves the right to temporarily or permanently restrict/suspend a User’s Account in the event a User has made multiple cancellation/refund requests on the Platform.

AKASTI DESIGNS will process approved refund requests back to the User’s account subject to a review of the refund reason and circumstances to ensure compliance with the Terms of Use, and that the purpose of the refund is not to avoid any of the User’s obligations under Terms of Use. If AKASTI DESIGNS reasonably believes that the User has not complied with these terms and conditions or is seeking to avoid any such obligations, AKASTI DESIGNS shall not be obliged to make the refund.

Amendments

AKASTI DESIGNS reserves the right to change its Cancellation and Refund Policy from time to time without any notice to You and You undertake to keep Yourself updated of all the policies uploaded and updated by AKASTI DESIGNS on the Platform from time to time. In particular, AKASTI DESIGNS may, at its sole discretion, introduce new Services and modify some or all of the existing Services offered on the Platform.

In such an event, AKASTI DESIGNS reserves the right to introduce new cancellation/refund charges for the cancellation/refund of Services requested. Changes to the cancellation/refund charges structure shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform.

Currency Limitations

Unless otherwise stated, all refunds shall be quoted in Indian Rupees (INR) and all transactions shall be carried out between Indian bank accounts solely in Indian Rupees (INR), the legal tender of the Republic of India..

Fraudulent Transactions; Erroneous or Duplicate Transactions.

AKASTI DESIGNS reserves the right to stop any refund to You, if AKASTI DESIGNS discovers a fraudulent transaction, erroneous or duplicate transaction. You agree to and acknowledge AKASTI DESIGNS’s right to investigate any and all transactions for fraud. Further, You agree to cooperate with any reasonable requests made by AKASTI DESIGNS in an effort to investigate fraud. You agree that AKASTI DESIGNS has the right to initiate/undertake appropriate legal actions or withhold/stop such refund till the completion of such investigation. Fraudulent transaction is cause for termination of Your Account on the Platform and AKASTI DESIGNS, at its sole discretion, may block any further payments due to You. It is clarified that these remedies are in addition to all remedies available to AKASTI DESIGNS under the Terms of Use and/or at applicable law.

Grievance Redressal

Any grievances relating to the Cancellation and Refund Policy may be directed by You to the grievance officer of AKASTI DESIGNS who can be contacted at mayank@akastidesigns.com.

Terms of Use

Please read these terms of use for the Platform (“Terms of Use”) which, together with the Privacy Policy, Cancellations and Refunds Policy and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively “Terms”). The Terms govern your use of the AKASTI platform www.akastidesigns.com and/or the AKASTI DESIGNS mobile application (“Platform”), and the services offered therein.

These Terms are a legally binding contract between us, AKASTI DESIGNS of Nagpur, Maharashtra – 440 009, India (“AKASTI DESIGNS / We / Us”) and the Users of the Platform.

Unless the context otherwise requires, “Users / You” means persons who have registered themselves on the Platform for availing the Services (as defined below) and all persons who use, access, browse and/or order the Services made available on the Platform in any manner and Service Provider/s means and includes retailers, architects, engineers, contractors, dealers and any such authorised third parties listed on the Platform for providing/availing Services and such other ancillary services.

AKASTI DESIGNS may, at any time: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of the Terms in substance, or as to procedure or otherwise; in each case which will then be applicable to all Users. Such changes shall be made applicable when they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Terms by AKASTI DESIGNS shall be binding on You. AKASTI DESIGNS may also alter or remove any content from the Platform without notice. We will notify You through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact Your use of the Platform. Your continued use of the Platform following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by it. These Terms apply in addition to any other terms and conditions that AKASTI DESIGNS or its affiliated organizations may ask You to accept in relation to different activities or Services (defined below) offered to You through the Platform. It is Your responsibility to review the Terms frequently for any updates / modifications to the Terms.

By creating an account on the Platform and /or making use of the feature of the Platform or the Services available therein, You agree and acknowledge that

(i) You are a User ;

(ii) You have the authority to enter into these Terms;

(iii) You have read all the Terms; and

(iv) You agree to be bound by all the Terms.

If You do not agree to be bound by the Terms, You are advised not to proceed to access, browse, order and/or use the Services made available on the Platform. The terms and conditions contained in this Terms shall be accepted without modification. The continued access, browsing and use of the Platform and/or the Services would constitute acceptance of the terms and conditions of this Terms.

YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE CONDITIONS CONTAINED IN THIS TERMS, AND USE AND ACCESS OF THE PLATFORM AND AVAILING SERVICES SHALL BE SUBJECT TO THE TERMS.

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT 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 to or usage of the Platform

Terms for Users

1. Eligibility

a. The Platform and/or the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform By using the Platform or the Services, You represent and warrant that:

(i) You are at least eighteen (18) years of age and are not disqualified from contracting by law;

(ii) You are entering into these Terms out of Your own free will and consent;

(iii) You are an Indian citizen and a legal resident of India; Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India .

If a User is below, 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or such person who is legal guardian under the applicable laws of India (“Eligible Person”) and that such Eligible Person has read and agrees to the terms of this Terms on behalf of the User. Should AKASTI DESIGNS be made aware that a User is not of the legal age and is accessing, browsing and/or using the Platform without the supervision of an Eligible Person, AKASTI DESIGNS reserves the right to deactivate such User’s account without further notice.

If you register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws.

2. Services

The Platform is an initiative to facilitate home building solutions to the Users. To make home building easy, accessible and user friendly, the Platform provides Users with access to a rich collection of resources including curated content relating to the home building eco-system, a marketplace for Users to connect with one another and with the Service Providers and various communications tools to get advice for all Your home building worries (collectively the "Service" or "Services"). All the Services are available on the Platform as well as AKASTI DESIGNS authorised stores (“Stores”). When You avail a Service through the Platform and/or Stores, You consent to be contacted by our authorised representatives and/or Service Providers in relation to the Service including by our customer support representatives.

Some specific features of the Platform and details of Services include:

a. Service Providers

(i) AKASTI DESIGNS connects You to a wide range of Service Providers including but not limited to architects, engineers, contractors, any such third parties to provide assistance with home building.

(ii) Each Service Provider has a profile page on the Platform (“Service Provider Profile”) which lists the Services offered. Given the general and “as-is” nature of the Platform, it is expressly agreed and acknowledged by the Users and the Service Providers that the Platform, as a marketplace, has not undertaken any check or verification of the Service Providers or the Users, their credentials or their profiles and that they are not specifically relying on any statements, or materials contained on Platform to make any business decisions. It is entirely the responsibility of the Users to conduct their own due diligence in relation to the Services being procured by them and verify all details of the Service Providers that they are transacting and/or interacting with, to their satisfaction. Users must however understand that any background check undertaken by AKASTI DESIGNS is not exhaustive and conclusive. AKASTI DESIGNS is not responsible for any representations, warranties, guarantee, misrepresentation made by the Service Providers as to the accuracy, suitability, timeliness, or quality of their services or information shared by Service Providers on their respective Service Provider Profile. Users should conduct necessary checks to verify if the Service Provider is suitable for You and the services/goods offered by such Service Providers meet Your requirements.

(iii) Listing of the Service Providers on the Platform is merely an invitation to offer. The User may choose a Service Provider from the listing and request for a desired Service which will constitute an offer. The Platform facilitates the User and the Service Provider to negotiate and finalise on the Service on their own terms. The Service Providers or Users whose proposal for Services are rejected agree that they will have no claim whatsoever against AKASTI DESIGNS.

b. Find Service Providers and Materials

(i) When in need of quality home building solutions, Users can conduct a search for material and/or Service Providers such as architects, engineers, contractors. Users can contact the Service Provider of their choice or request a call back from the Service Provider based on their own assessment of the services listed on the Service Provider’s Profile.

(ii) If You request a call back, You consent to being contacted by phone/message/email by us and/or such Service Provider or their agent, authorised person, representative or employee. AKASTI DESIGNS does not disclose Your phone number to Service Providers and vice-versa. All calls are made through AKASTI DESIGNS’s virtual phone number feature. However, if You on Your own share Your information with any person / Service Provider directly then AKASTI DESIGNS shall not be liable or responsible for the same for whatsoever reason.

(iii) AKASTI DESIGNS does not make any representation as to the suitability and reliability of the search results to the specific needs of the User and is not responsible for the quality/reliability of the Services offered by the Service Provider.

c. Financial Services

(i) AKASTI DESIGNS provides a lead generation platform for Users interested in availing various financial services such as loan for the purpose of constructing home etc from lending and financial services entities that are registered and regulated by the Reserve Bank of India (“Financial Services”).

(ii) If You choose to avail the Financial Services feature, the information provided by You to avail the Service, will be shared with our financial partners, to assist You to avail the best of offers and services. You authorise us to share such information with our financial partners. You agree to be bound by the terms and conditions and privacy policy of our financial partners and authorise our financial partners to deal with Your information in accordance with such terms and conditions and privacy policy.

(iii) You agree and acknowledge that providing financial assistance shall be at the sole discretion of our financial partners. AKASTI DESIGNS shall not be held liable for any delay, rejection or approval of any application made through the Platform as we only forward Your request to our financial partners.

(iv) AKASTI DESIGNS shall not, directly or indirectly, be responsible for any obligations relating to the Financial Services.

d. Design Services

(i) AKASTI DESIGNS offers certain design related services to Users through the Platform including providing a collection of pre-built 2D and 3D designs, provisions for conversion of plans to 2D and 3D designs, virtual reality services and the like (“Design Services”). AKASTI DESIGNS makes no representation in relation to the utility, suitability, practicability of the designs provided through its Design Services. The designs/drawings provided through the Design Services are merely concept designs/drawings and are not good for construction designs/drawings. Users are advised to seek professional advice when using/relying upon designs/drawings shared through the Design Services. AKASTI DESIGNS makes no representation that the designs suggested/provided through the Design Services conform with the local laws applicable in the location where the User wishes to build a home. Users are responsible to ensure that the designs/drawings conform to the local, state and national laws. Further, when building a home, Users may be required to obtain approvals and permissions from the relevant authorities and conduct feasibility checks, assessments, etc. Users should seek independent professional advice in relation to these aspects of home building. Users are responsible to obtain approval from local authorities with respect to the various aspects of construction and building. Any ambiguities/discrepancies in the designs/drawings provided by AKASTI DESIGNS must be brought to the notice of AKASTI DESIGNS as per the Cancellations and Refunds of Your receipt of the designs/drawings.

(ii) You can avail certain Design Services, more specifically through the virtual-reality feature of the Design Services through which Users can view house designs on AKASTI DESIGNS’s virtual reality system at Your residence. You agree to act responsibly and lawfully when availing the virtual reality services at residence. User warrants that they are the owner of, or a tenant in, or has a right to use, access and allow access to, the address provided for availing the Service. As responsible members of the AKASTI DESIGNS family, you agree to handle all property used by AKASTI DESIGNS’s representatives to provide the virtual reality Services carefully and prudently. You agree that You will not cause nuisance, annoyance, inconvenience, or damage property when an AKASTI DESIGNS representative visits Your residence. The right to take any action against You, in case of any nuisance, annoyance, inconvenience, or damage caused by You is expressly reserved by AKASTI DESIGNS. Further, we also reserve the right to suspend/ terminate Your account with us in such case without any notice / intimation to You.

e. Budgeting

(i) For making quick budgeting decisions, Users can use the Budgeting feature on the Platform and authorised Stores of AKASTI DESIGNS. Based on the specifications and details provided by Users, Users may be provided with an approximate budget instantly with standard break up of materials. User agrees that the approximate budget provided is based purely on the algorithms adopted by AKASTI DESIGNS and are merely suggestive of the actual budget, time and costs involved in building a home. Users agree that AKASTI DESIGNS takes no responsibility for the accuracy of the suggestions made. AKASTI DESIGNS disclaims all liability (including escalation) in relation to the budgeting services offered by the Platform.

f. Estimation Services

(i) Apart from the Budgeting Service listed above, AKASTI DESIGNS also provides detailed Estimation Services for Users who may need assistance in understanding the costs and time associated with house building in detail. For such Users, AKASTI DESIGNS will provide detailed costs, quantity of material required and time estimation. Once a User makes a request, the estimate will be provided to the User making a request.

(ii) User agrees that the estimations provided are merely suggestive of the actual budget, time and costs involved in building a home. Users agree that AKASTI DESIGNS takes no responsibility for the accuracy of the suggestions made. AKASTI DESIGNS disclaims all liability in relation to the estimation services offered by the Platform.

g.Consultancy Services

(i) Users may connect with representatives appointed by AKASTI DESIGNS (“Executives”) for seeking assistance on various aspects of home building, including best practices on home building. Users agree that any information provided on the Platform by the Executives are only suggestions and such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. Information provided by the Executives and otherwise on the Platform should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Users that AKASTI DESIGNS, directly or indirectly, (under law, contract, tort or equity) has no liability or responsibility in relation to the consulting services offered by the Platform.

h. Learn Module

(i) AKASTI DESIGNS aims to provide its Users with knowledge content on essentials of home building. For this purpose, Users have access to a wide range of educational videos and articles on the Platform. Users agree that any information provided on the Platform is only a guide and such information does not constitute the rendering of technical, legal, accounting, tax, career or other professional advice or services. Information shared through the Platform should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Users that AKASTI DESIGNS, directly or indirectly, (under law, contract, tort or equity) have no liability or responsibility in relation to the content services offered by the Platform.

i. Community

(i) AKASTI DESIGNS may offer open chat feature/ chat functionality/ a community forum page/ space on the Platform to enable communication between Users or/and Users and Service Providers on the Platform. AKASTI DESIGNS’s role is limited to providing the Platform and the Services. With respect to User Content (as defined below), AKASTI DESIGNS’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, AKASTI DESIGNS has no responsibility and / or liability in respect of any User Content (as defined below) on the Platform.

(ii) You agree that all User Content created/shared/submitted by You on the Platform is on a non-proprietary and non-confidential basis.

(iii) AKASTI DESIGNS does not pre-screen user content posted by Users or communications between Users or/and Users and Service Providers (“User Content”). AKASTI DESIGNS has no obligation to monitor any User Content. However, AKASTI DESIGNS at its discretion and in accordance with applicable law may monitor any User Content and may remove any User Content from the Platform if AKASTI DESIGNS determines in its sole discretion that such User Content is in violation of the Terms or any applicable law. AKASTI DESIGNS may remove any communications from the Platform if AKASTI DESIGNS determines in its sole discretion that such communications are in violation of the Terms or any applicable law. Where AKASTI DESIGNS removes any User Content from the Platform, AKASTI DESIGNS will make reasonable efforts to inform the User who had posted such User Content about such removal. Such actions do not in any manner negate or dilute AKASTI DESIGNS’s position as an intermediary or impose any liability on AKASTI DESIGNS with respect to User Content.

(iv) AKASTI DESIGNS will consider all communications, requests and suggestions sent by Users and other members of the public regarding take down/disabling/removal/deletion any User Content provided that such communications are sent in a bona fide manner in good faith in the interest of the Platform and public good. However, AKASTI DESIGNS is not under any obligation to act on any such communications, requests and suggestions or respond to any one. AKASTI DESIGNS’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any User Content, Platform content, or User communication, AKASTI DESIGNS is under no legal obligation to respond to or act on such requests. AKASTI DESIGNS will take such action as AKASTI DESIGNS is required to take under applicable law. If there is any valid court order or administrative order issued requiring AKASTI DESIGNS to take any action, then AKASTI DESIGNS shall comply with such court order or administrative order.

j. My Teams

(i) AKASTI DESIGNS may offer private chat feature/ chat functionality space (“My Teams”) on the Platform to enable communication, messaging between Users or/and any other Users and/or Service Providers on the Platform where Users and Service Providers can share/exchanges messages, videos, images etc. AKASTI DESIGNS’s role is limited only to providing private chat feature on the Platform, however, if a User tags AKASTI DESIGNS in the private chat for any assistance/queries then AKASTI DESIGNS shall respond to the User. AKASTI DESIGNS does not have any control, responsibility or liability in respect of any communication being exchanged on My Teams.

(ii) Through My Teams, a User can invite any other registered User and/or Service Provider for joining My Teams.

(iii) Through My Teams, Users must not promote products, services, schemes or offers using deceptive or misleading business practices, including those intended to scam people out of money or personal information.

(iv) Through My Teams, Users must not facilitate or promote online gambling, online real money, games of skill or online lotteries.

(v) Through My Teams, Users must not incentivise other Users to misuse the MyTeams feature or functionality or the Platform.

(vi) Through My Teams, Users must not undertake, display, promote or advertise any illegal content or activities, including hate speech, offensive, inappropriate, obscene, unlawful and other objectionable content.

k. Permissions

(i) Through the Platform, AKASTI DESIGNS assists its Users with all aspects of home building. Users can obtain information on the legal landscape in a particular region/locality including information on the relevant administrative offices, approvals for checklists and process documents. Any information contained on the Platform or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. Users understand that they should not act or refrain from acting on the basis of any information included in, or accessible through, the Service without verification and seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a legal practitioner in the appropriate jurisdiction.

(ii) While AKASTI DESIGNS endeavors to provide accurate and complete information, AKASTI DESIGNS does not warrant that the information is complete or accurate. Further, Users understand that the information provided is subject to change based on events not within the control of AKASTI DESIGNS including a change in the regulatory landscape and amendments/modifications in the law, in such case AKASTI DESIGNS endavors to update the information as soon as possible. AKASTI DESIGNS disclaims all liability to any person for any loss caused by errors, omissions, incomplete nature of the collection of information provided as part of this Service.

l. Progress Tracker

(i) Through the Platform, AKASTI DESIGNS assists Users in tracking their house building progress. Progress tracked through the Progress Tracker is solely an estimated guide prepared on the basis of the information shared by Users. Users agree that the timelines indicated through the Progress Tracker are only an indication of the actual time that may be required for the purpose of building/designing a home.

(ii) Users agree to not rely solely on the information provided through the Progress Tracker and conduct their own due diligence to estimate the progress of their house. Users agree that AKASTI DESIGNS takes no responsibility for the accuracy of the suggestions made. AKASTI DESIGNS disclaims all liability in relation to the suggestions provided.

The list of Services listed above is not comprehensive but merely indicative in nature. As the Platform deepens its reach, AKASTI DESIGNS may provide additional services from time to time, as may be relevant to the home building purpose.

3. Advertisements

AKASTI DESIGNS reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.

4. User Account, Password and Security

(i) To avail any of the Services, You are required to register for an account on the Platform.

(ii) If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (a) provide true, accurate, correct and complete information about Yourself as prompted by the Platform, and (b) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to AKASTI DESIGNS that is false, misleading, inaccurate, outdated or incomplete, or AKASTI DESIGNS has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, AKASTI DESIGNS reserves right to suspend or terminate Your account and/or prohibit any and all present or future use of the Services (or any portion thereof) by You, without any notice/intimation to You.

(iii) When You register an account on the Platform:

a. You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification;

b. Upon completing the registration and verification process through OTP, an account will be designated to You.

c. You are responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the OTP received on Your phone number, with any other person for their use of the Platform. You agree to immediately notify AKASTI DESIGNS of any unauthorized use of Your account or any other breach of security and AKASTI DESIGNS will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account.

d. You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from AKASTI DESIGNS in relation to the following:

A. Update, amendment, change in the Terms;

B. Specific Services availed through the Platform;

C. Promotional messages including offers, updates on new services and promotions;

D. Payment information.

e. AKASTI DESIGNS recommends that You exit or log out from Your account at the end of each session if using a public computer. AKASTI DESIGNS cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure (including negligence, act of omission and commission) to comply with the requirements under this section.

(iv) The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, any access or payment has been made for any Services. It is specifically clarified that payments of monies towards any Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.

(v) If You have any security related concerns, please contact Support at 9340168376

(vi) We reserve the right to:

a. Make all decisions in relation to, inter alia, Your registration with AKASTI DESIGNS; and

b. Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform.

(vii) For the purposes of registration and identifying a User on the Platform, AKASTI DESIGNS may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Platform, it is deemed that the User has given express and specific consent for such collection and processing of data for the purpose of use of the Platform. Registration on the Platform is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where you have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Platform. User must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and AKASTI DESIGNS shall bear no responsibility for any loss arising out of such disclosure.

(viii) You understand that on Your registration on the Platform or on Your use of any Service or payment for performance and delivery of any Service on the Platform, You may receive text messages (including through internet-based mobile messaging) and/or emails from AKASTI DESIGNS on Your registered mobile number and/or email address. You shall be solely responsible to update Your registered mobile number and/or email address on the Platform in the event there is a change. These messages and/or emails could relate inter alia to Your registration, status of or update in relation to Your order placed for Your desired Service, payment information, information pertaining to Services and other activities You carry out on the Platform and information pertaining to the promotions that are undertaken by AKASTI DESIGNS (or third parties in connection with the Platform) from time to time. Further, AKASTI DESIGNS may also send You notifications and reminders with respect to the due dates in relation to the performance of the agreed Services. While AKASTI DESIGNS shall make every endeavour to share prompt reminders and notifications in relation to the performance of Services with You, AKASTI DESIGNS shall not be held liable for any failure to send such notifications or reminders to You.

(ix) It is expressly acknowledged by the User and the Service Providers that the Platform, as a marketplace, or AKASTI DESIGNS has not undertaken any check or verification of the Users or the Service Providers, their credentials or their profiles. It is entirely the responsibility of the Users and the Service Providers to verify all details of the Service Providers and Users that they are transacting and/or interacting with, to their satisfaction. AKASTI DESIGNS shall not be liable in any manner for credentials, representations acts or omissions of any User or Service Provider.

(x) THE USER AND THE SERVICE PROVIDER DISCLAIM ANY AND ALL CLAIMS, ACTIONS, SUITS AGAINST AKASTI DESIGNS ARISING OUT OF THE SERVICES PROVIDED OR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER, BY EXECUTING THIS TERMS, AKASTI DESIGNS DOES NOT, NOR SHOULD IT BE CONSTRUED TO, EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM USERS. NOTHING IN THIS TERMS SHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A PARTY TO THIS TERMS.

(xi) You agree not to enter into any contractual provisions in conflict with this Terms. Service Provider is solely responsible for the performance and quality of the Services availed by the User through the Platform in a timely manner. User and Service Provider each, covenant and agree to act with good faith and fair dealing in performance of the Services.

(xii) AKASTI DESIGNS is not a party to the dealing, contracting and fulfillment of any Services between a User and a Service Provider. AKASTI DESIGNS only acts as an intermediary and has no control over and does not guarantee the quality, safety or legality of any Services performed or created, advertised, the truth or accuracy of Services listings, the qualifications, background, or abilities of Service Provider, the ability of Service Provider to perform Services, the ability of User to pay for Services, or that a User or Service Provider can or will actually complete a Service.

(xiii) AKASTI DESIGNS is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of Services are solely between a User and a Service Provider. User and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations in relation to the Services, as may be agreed between the User and the Service Provider, and any other terms, conditions, representations, or warranties associated with such Services. AKASTI DESIGNS is not and cannot be a party to any dispute arising or in connection with the Service requested by a User and performed by a Service Provider on the Platform in its capacity as the host of the Platform.

(xiv) Once the Services are completed by the Service Provider, it is the decision of the User to accept or reject such Services.

(xv) You agree and understand that in relation to Services listed on the Platform which are provided/rendered by Service Providers and the contents therein advertised by them, AKASTI DESIGNS is merely providing intermediary hosting services to its Users through the Platform. AKASTI DESIGNS shall bear no responsibility or liability in relation to or arising out of such third-party generated content. AKASTI DESIGNS neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission of such third-party generated content. In relation to Services rendered by the Service Providers, AKASTI DESIGNS is merely an intermediary and does not interfere in the transaction between User and Service Providers.

(xvi) While AKASTI DESIGNS shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, AKASTI DESIGNS shall not be liable for any interruption that may be caused to Your access or use of the Services.

(xvii) AKASTI DESIGNS does not covenant or warrant that:

a. the Services will be made available at all times;

b. any content displayed or available on the Platform is complete, true, accurate or non-misleading;

c. the Services listed on the Platform are of specified standards and quality;

d. the skill and quality of performance of Services by Service Providers will be to the expectation of the User; and

e. AKASTI DESIGNS has undertaken any verification of the Users or Service Providers or their credentials.

5. Fees

a. AKASTI DESIGNS may charge fees from Users ("Fees") in consideration for the use of the Platform and Services.

b. Any applicable Fees (including any applicable taxes) will be displayed to You prior to Your use of the relevant paid Service. We reserve the right to vary the Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any transactions between You and AKASTI DESIGNS made prior to the effective date of the fee change.

c. You are responsible for paying any Fees that is due to AKASTI DESIGNS or its Service Providers associated with the use of the Platform and/or Services including all taxes, charges etc. as applicable and levied. Users agree to provide true and accurate information when making payments. All payment of Fees is in Indian rupees. The applicable Fees (including any applicable taxes) are collected through commonly used banking channels. You may use any of the payment method available on the Platform. AKASTI DESIGNS may enter into agreements with third party payment gateway aggregators and financial institutions authorized for collection, refund and remittance and to facilitate payment of Fees to AKASTI DESIGNS.

d. All fees charged by Service Providers shall be as mutually agreed between the User and the Service Provider. AKASTI DESIGNS shall not, directly, or indirectly, have any liability or responsibility for commercial terms agreed between the User and the Service Provider including the fees to be paid to the Service Provider.

e. All cancellations and refunds of any Service by a User shall be undertaken in accordance with the Cancellation and Refund Policy (insert hyperlink here).

f. AKASTI DESIGNS shall not be responsible if a payment made by a User is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s) or for loss or misuse of any information such as Your account details, passwords etc. by third party payment gateway aggregators and financial institutions. Any dispute in connection to the same shall be settled between the User and the network operator.

g. The contact details of the payment services provider can be viewed at www.akastidesigns.com

6. User Conduct

a. All activities on Your account or an account managed in Your name are Your responsibility. As a responsible member of the AKASTI DESIGNS family, You should not use the Platform:

(i) for any purpose that is unlawful, illegal or forbidden by law;

(ii) to send communications containing unsolicited / unauthorized/misleading advertisements, promotions or marketing material;

(iii) that may result in harm to the reputation of or disparage AKASTI DESIGNS, the Platform and/or the Services provided in any manner;

(iv) in any manner other than as agreed in the Terms.

b. You warrant to AKASTI DESIGNS that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Platform, the Services and any other related activities.

c. You agree that you will only contact a Service Provider only through the Platform at all times when You need Services.

d. You are responsible for all the User Content (including messages, images, updates and files) that You post on the Platform (including with respect to its appropriateness, legitimacy and ownership). You must ensure that the User Content posted and the Feedback provided to AKASTI DESIGNS is in conformity with the Terms and applicable laws. When You use the Platform and/or contact AKASTI DESIGNS for any purpose including to provide Feedback, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any User Content, through the Platform and otherwise, that:

(i) belongs to another person and to which You have no right;

(ii) is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

(iii) harms minors in anyway;

(iv) infringes any patent, trademark, copyright, or other proprietary rights;

(v) violates any applicable laws;

(vi) deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;

(vii) impersonates another person;

(viii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

(ix) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

7. Intellectual Property

a. Rights of AKASTI DESIGNS

(i) You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services including AKASTI DESIGNS’s compilation of regulatory information, and all the intellectual property rights therein or related thereto are solely and absolutely owned by AKASTI DESIGNS or its licensor. All such rights, title and interests shall continue to vest with AKASTI DESIGNS or its licensor during and after the term of this Terms.

(ii) All intellectual property including in relation to the domain name www.akastidesigns.com, any trademarks, logos, images and other content available on the Platform belongs exclusively to AKASTI DESIGNS/ its Service Providers/ or its licensors. Through Your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by AKASTI DESIGNS to You. AKASTI DESIGNS reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of AKASTI DESIGNS or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform;

(iii) You hereby grant AKASTI DESIGNS a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the User Content posted/published by You on the Platform and further waive any rights that You may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law) as well moral rights.

b. Your Rights

(i) AKASTI DESIGNS grants Users a limited, royalty-free right to use the Platform only for non-commercial purposes.

(ii) Unless explicitly stated or otherwise authorised by AKASTI DESIGNS, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the domain name www.akastidesigns.com and the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

8. Confidential Information

a. “Confidential Information” shall mean all data, information and materials including, without limitation, computer software/program, documents, information, advice, manuals, databases, protocols, API, web tools, applications and interfaces and specifications provided by AKASTI DESIGNS etc., directly or indirectly, to You, under this Terms, whether written, oral or transmitted through the Platform or otherwise, and whether specifically marked as confidential or not.

b. During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from AKASTI DESIGNS, make any disclosures whatsoever of any Confidential Information to others. If You are not an individual, You may disclose the Confidential Information to Your officers, workforce, representative and employees (“Personnel”) only on “need to know basis” provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of Your Personnel. You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information.

9. Third Party Sites / Content

a. The Platform may provide links or direct You to various third party websites, including those of Service Providers. If You use any of these links, You may be directed / redirected to such external websites.

b. If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability. AKASTI DESIGNS does not endorse any website linked to the Platform or the information appearing therein or any of the products or services described therein. You agree that AKASTI DESIGNS is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Platform and as may be amended from time to time. You are advised use Your own judgment when engaging with third parties or relying on third party information available on the Platform.

c. Any display of third party goods / services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of AKASTI DESIGNS by any such third parties.

d. Use of such third-party links shall be governed by a separate agreement between You and such third party. AKASTI DESIGNS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties.

10. User Account Suspension and Deactivation

a. Suspensions or termination of User accounts by AKASTI DESIGNS

There may be circumstances wherein AKASTI DESIGNS, at its sole discretion, will be required to suspend or terminate a User account which will prevent You from utilising certain/all/any features available on the Platform. Suspension or termination may occur in the event AKASTI DESIGNS has any reason to believe that:

(i) Your account may be used for fraud or attempt to defraud;

(ii) Your account may be used for money laundering;

(iii) You are involved in collusion, rigging or cheating of any kind and are using the account for this purpose;

(iv) You are violating any applicable laws;

(v) You do not meet the eligibility criteria to access the platform;

(vi) You are trying to access Platform from any other territory from where AKASTI DESIGNS does not accept Users;

(vii) You misrepresent or provide wrong or misleading information or commits any act leading AKASTI DESIGNS to believe that You have either flouted the standards of integrity or have failed to meet its commitment;

(viii) You are violating these Terms in any manner; or

(ix) AKASTI DESIGNS is unable to verify or authenticate any information You submit.

b. AKASTI DESIGNS may, at its sole discretion, partially or fully discontinue any or all Services or discontinue the operation of the Platform at any time, with two (2) months’ prior written notice, without any liability. AKASTI DESIGNS will publish a general notice to that effect on the Platform, which shall be applicable to all the Users. All the claims and liabilities arising before the date of discontinuation shall be valid and enforceable post discontinuation.

c. The User may terminate the Terms at any time, provided that the User discontinues any further use of the Platform or Services.

d. It is specifically clarified that any termination of the Terms by a User shall not cancel the User’s obligation to pay for any Services availed or initiated on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

e. Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms.

f. Without limiting AKASTI DESIGNS’s other remedies, AKASTI DESIGNS may issue a warning, or temporarily suspend, indefinitely suspend or terminate Your account or an agreed Service, and refuse to provide any or all Services to You if: (a) You breach the letter or spirit of any terms and conditions of the Terms; (b) AKASTI DESIGNS is unable to verify or authenticate any information You provide to us; or (c) AKASTI DESIGNS believes in its sole discretion that Your actions may cause legal liability for You, its Users, including Service Provider or for AKASTI DESIGNS or are contrary to the interests of the Platform. Once indefinitely suspended or terminated, You must not continue to use the Platform under the same Account, a different Account, or register under a new Account.

g. When Your account is terminated for any reason, You will no longer have access to data, messages, files and other material You keep on the Platform. The material may be deleted along with all Your previous posts and proposals.

h. In case of events falling under (i) to (iv), AKASTI DESIGNS may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then AKASTI DESIGNS will continue to suspend the user account. AKASTI DESIGNS also reserves the right to initiate appropriate civil or criminal action against You in the event of violation of these Terms or applicable laws. AKASTI DESIGNS will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

(i) In addition to the above, AKASTI DESIGNS reserves the right to suspend Your user account at any time without assigning any reason whatsoever.

j. Upon suspension of Your user account, regardless of the reason(s), all licenses granted to You hereunder will immediately cease and Your right to use the services reserved for registered Users on the Platform immediately ceases. AKASTI DESIGNS shall not be liable to You or any third party for any claims or damages arising out of any suspension of Your user account or any other actions taken in connection with such account suspension.

k. Deactivation of user account by You

You may also deactivate Your user account by writing to AKASTI DESIGNS at info@akastidesigns.com Should You wish to resume using the Platform, You will be required to reactivate the existing account at any time by writing to AKASTI DESIGNS at info@akastidesigns.com or raising request to our Call Centre at 9340168376

l. Upon deactivation, all licenses granted to You hereunder will immediately cease and Your right to use the Services reserved for registered Users on the Platform immediately ceases. AKASTI DESIGNS shall not be liable to You or any third party for any claims or damages arising out of any deactivation of Your user account or any other actions taken in connection with such account deactivation. Users must note that deactivation of account does not result in automatic termination of the agreement between the User and Service Provider.

11. Feedback

a. Your feedback is important to us. Users can provide feedback, suggestions, and ideas about our Services ("Feedback"). When providing Feedback, Users agree to adhere to the terms mentioned in Section 6(c) above. Users agree that AKASTI DESIGNS may, in its sole discretion, use the Feedback You provide to AKASTI DESIGNS in any way, including to make future enhancements and modifications to the Services. You hereby irrevocably, absolutely and perpetually assign to AKASTI DESIGNS and its assigns rights, title and interests in the Feedback in lieu of the Services provided in the worldwide territory. You waive any rights that You may have in such Feedback, including under the provisions of Section 19(4) of the Copyright Act, 1957 of India or any other similar provision under any law or any jurisdiction. To the extent any assignment of the Feedback and the rights therein cannot be made to AKASTI DESIGNS, You grant to AKASTI DESIGNS and its assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any mode or media of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to You or any third party. You waive any reversionary rights You may have under Section 30 A of the Copyright Act, 1957 or any other similar provision under any law in relation to the intellectual property rights in the Feedback so licensed.

12. Liability Disclaimer

a. We do not make any representations and warranties relating to the Platform including content therein, and the Services listed on the Platform. AKASTI DESIGNS disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Platform, content on the Platform and Services offered on the Platform; (ii) third party products or services advertised on or received through the Platform or any links or other sources provided on the Platform; (iii) any information, content or advice received through the sites or links provided on the Platform. AKASTI DESIGNS makes no warranty or representation that any errors in the Platform will be corrected.

b. You agree that use of the Platform and the Services on the Platform is at Your sole discretion. AKASTI DESIGNS is not responsible or liable for any consequences arising out Your use of the Platform.

c. The Platform is provided on a “AS IS” and “AS AVAILABLE” and "with all faults" basis with no representations or warranties whatsoever. AKASTI DESIGNS is not liable for any network, technical or other operational difficulties or problems which may result in loss of Your data, monetary loss, personalization settings or other interruptions in the features offered on the Platform. Neither AKASTI DESIGNS nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform or Services, content on the Platform or Your personalization and / or User account settings.

d. The Platform and/or any Services offered by us may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Website and/or the Services provided to You will be uninterrupted.

e. We shall have no responsibility for any damage to Your computer system(s), loss of data that results from the use of the Platform or its content.

f. During provision of the Services, AKASTI DESIGNS does not endorse any views expressed on the Platform and does not influence control over any particular theory, opinion, ideology, doctrine, viewpoint or position on any topic. Availing any Services and/or relying on any advice or suggestions given through the medium of the Platform is the discretion of the User and AKASTI DESIGNS disclaims all liabilities in this regard.

g. AKASTI DESIGNS is not a party to any agreements, contracts, arrangements entered into between Users and Service Providers and disclaims all liability in relation to such arrangements and for any act, action, omission or work of any of the Service Providers. AKASTI DESIGNS is and will not in any way be engaged in facilitating, negotiating or assisting in the arrangements between the User and Service Provider. The Users fully hereby waive and relinquish any and all claims that they may have against AKASTI DESIGNS in relation to services provided or proposed to be provided, by the Service Providers.

h. AKASTI DESIGNS is not liable for any loss suffered due to reasons beyond the control of AKASTI DESIGNS. AKASTI DESIGNS is not liable for any loss suffered as result of reliance on the advice of Executives or on the advice, promises, representation, assurances made by the Service Provider. AKASTI DESIGNS is also not responsible for any acts, representations and consequences of performance/inadequate performance/non-performance of any services by the Service Providers. Users agree that AKASTI DESIGNS will not be made a party to any dispute between them and Service Provider nor will AKASTI DESIGNS be liable in case of any such dispute.

13. Indemnity

a. You hereby agree to defend, hold harmless and indemnify AKASTI DESIGNS and its group companies, affiliates, associates, officers, directors, employees, consultants, licensors, subsidiaries, associates, affiliates and partners of AKASTI DESIGNS from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (i) Your use of the Platform, (ii) Your breach of any provision of the Terms, (iii) actual and/or alleged infringement, by any other User of Your account with AKASTI DESIGNS, (iv) action or inaction on behalf of the Service Provider in performing and delivering the agreed Services, (v) actual and/or alleged infringement of any intellectual property or other right of any person or entity, and (vi) any dispute between Service Provider and User to which AKASTI DESIGNS is made a party in relation to the Services sought/ provided through the Platform, and (vii) any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part,. AKASTI DESIGNS shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide AKASTI DESIGNS with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost.

b. If You are using this Platform on behalf of any legal entity, then You and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with Your use of the Platform, Services, or the content posted by You on the Platform; or Your breach of any provision of the Terms; or any negligent or intentional wrongdoing by You on the Platform.

c. You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. AKASTI DESIGNS shall be entitled to participate in such defence through our own counsel at Your cost and expense.

14.Limitation of Liability

(i) To the fullest extent permitted by law, AKASTI DESIGNS is not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or the Services, even if AKASTI DESIGNS has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to:

a. the use of or the inability to use the Platform or

b. conduct of any User on the Platform

c. unauthorized access to or alteration of transmissions or data,

d. malicious or criminal behaviour, or false or fraudulent transactions

e. technical or other operational lapses on the Platform

f. services provided by any Service Provider. In any event, the liability of AKASTI DESIGNS arising out of the Terms shall not exceed service fee, if any, paid to AKASTI DESIGNS.

15. Personal Information and Data Security

a. AKASTI DESIGNS may collect, store, use, process and transfer to Service Providers information provided by You at the time of registration of Your user account, or during the course of Your use of the Platform, including Your personal information that shall be governed by the applicable data protection laws and the Privacy Policy.

b. For more information on the security measures and systems that AKASTI DESIGNS has in place for the protection of personal Information collected from You on the Platform, kindly refer to our Privacy Policy. Acceptance of this Term shall deemed to be acceptance of Privacy Policy.

c. AKASTI DESIGNS is not responsible for and disclaims all liability in relation to personal information directly shared by Users to Service Providers via the Platform.

d. AKASTI DESIGNS shall not be liable or responsible for any information or data shared by the Users with the Service Providers.

16. Governing Law & Jurisdiction

a. The Terms is governed by the provisions of Indian law.

b. Either party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. Subject to Section 17 below, the courts at Nagpur, Maharashtra shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the Platform.

17. Dispute Resolution

a. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. For this purpose, You may reach out to customer support at 9340168376 or write an e-mail to us on info@akastidesigns.com

b. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

c. If Parties are unable to resolve the dispute within thirty (30) days through negotiation, AKASTI DESIGNS and the Users hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Nagpur. The arbitration shall be conducted by a sole arbitrator mutually appointed by AKASTI DESIGNS and the disputing User. Arbitration awards shall be reasoned awards and shall be final and binding on AKASTI DESIGNS and the disputing User/s and shall be enforceable in any court of competent jurisdiction.

18. Term

The Terms will remain in full force and effect while You are registered with the Platform or use any Services available on the Platform in any form or capacity.

19. Independent Contractor

a. These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Users and AKASTI DESIGNS, and in no circumstances, shall AKASTI DESIGNS be considered an agent of Users.

b. AKASTI DESIGNS does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms specifically, including in connection with provision of services by the Service Providers. You acknowledge and agree that You have complete discretion whether to use the Services, list as a Service Provider or otherwise engage in activities on the Platform.

20. General Provisions

a. Entire Terms: For Users, the Terms constitute an entire, valid and binding agreement between You and AKASTI DESIGNS and governs Your access and use of the Platform. For Service Providers, the Terms and agreements entered into between You and AKASTI DESIGNS, if any, constitute an entire, valid and binding agreement between You and AKASTI DESIGNS and governs Your access and use of the Platform. In the event, these Terms are available in multiple languages, the Terms written in the English language and the meaning and intent conveyed thereunder shall prevail over the Terms of other languages and the Terms in the English language will be final and binding on the Users and the Platform.

b. Binding Nature: These Terms shall be binding upon You and AKASTI DESIGNS and Your legal heir, administrator, executor, successors-in-interests and permitted assigns.

c. Severability: If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

d. Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.

e. Assignment: Your relationship with AKASTI DESIGNS is a personal arrangement. You may not assign or sub-license, without the prior written consent of AKASTI DESIGNS, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. AKASTI DESIGNS may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.

f. Force Majeure: Except for the payment of fees to AKASTI DESIGNS, neither of the parties to this Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyber-attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

g. Notices: All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

Postal Address:

AKASTI DESIGNS

Flat No. 202 Malti Palace Apartment Siraspeth,

Near Telangipura, Reshimbagh Rd, Nagpur,

Maharashtra 440009 INDIA

Email Address: info@akastidesigns.com

Legal notices will be served to the email address You provide to us while enrolling as a User on the Platform. Notice will be deemed given 24 hours after such email notice has been sent.

21. Contact Us

If You have any questions or concerns regarding the Terms of Use or for any technical support or use of Services, please contact us at 9340168376 Our authorised representatives may reach out to You to answer Your queries and/or address Your concerns.

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions: mayank@akastidesigns.com

Offers & Scheme

For availing latest offers & scheme, please refer to relevant Service section on the Platform. The detailed Terms & Conditions for offers & scheme are mentioned in the relevant Service section. You agree to abide by the Terms & Conditions of the said offer or scheme.

These Terms of Use were last updated on: 22nd June 2022

Terms & Condition for Modifying a Project

· Client can modify the selected Project only 2 times.

If the 2d plan has to modify in the design aspect, in such situation changes will be made in the plan first and after those changes will be made in the second design aspect. Any changes in floor plan or elevation if asked by client will be delivered within a week, and further changes also if needed will be provided within a time span of 1 week.

· If the area is increased by 10% after the modification in 2D PLAN and the same is finalized by the client, the client will have to pay a separate additional extra charge for the change of the that and other DESIGN ASPECTS as per the increased area. (The charges will be informed by our technical representative to the client).

The modification in the 2D plan will be done only with respect to door and window location and size of individual rooms, with no change in the location or architectural orientation of the rooms.
Modification of floor plan and elevation will be delivered within a week form date of purchase.

· Each Design Aspect will take one week extra from the previous revision for designing (Previous modification of Design Aspect).

· AKASTI DESIGNS Team works very Hard and Sincerely to give you a nice, beautiful and Strong DREAM HOME as soon as possible. We request you to kindly be patient and follow our instructions to get the best design.

THANKYOU

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dream home design

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