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.