- This website, www.designbarn.ooo, (hereinafter referred to as Designbarn) is owned and promoted by Spread design and innovations Pvt Ltd (hereinafter referred to as Spread), a company incorporated in Bengaluru, India under the Companies Act, 2013 and having its (Regd office)132/1 Athina Township, 3rd Stage, Billishivale Dodda Gubbi PO, Bengaluru, Karnataka 560077.
- Spread may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on Designbarn. We advise you to review the modified Terms and Conditions periodically to be aware of such modifications. Your continued access or use of Designbarn shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time.
- Spread may terminate your access, block your future access and/or seek such additional measures that may be deemed to be fit in case of any usage of Designbarn inconsistent with the Terms and Conditions provided below
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Use of the Website is available only to persons or business entities who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website.
- Business entity registration: If you are not registering as an Individual, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
E-Platform for Communication
- You agree, understand and acknowledge that the website is an online platform that enables you to read and know about design barn and its activities on the website at the price (if any) indicated therein at any time from any location. You further agree and acknowledge that Designbarn is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.
Access to Designbarn
- We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for website access
- Designbarn grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Designbarn and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.
- This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Designbarn and / or its affiliates, as may be applicable.
- You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Designbarn and its affiliates without express written consent. Any unauthorised use terminates the permission or license granted by Designbarn and / or its affiliates, as applicable.
Conditions of Service.
- Designbarn does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the services proposed to be required or provided. Designbarn does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Designbarn accepts no liability for any errors or omissions, whether on behalf of itself or third parties..
- You must not use the website in any way that causes, or is likely to cause, the website or access to it, to be interrupted, damaged or impaired in any way. You understand that you, and not Designbarn, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- To send, use or reuse any material that does not belong to you or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilia or menacing. ethnically objectionable, homophobic, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or is harmful to minors in any way or impersonates another person or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States or objectionable or otherwise unlawful in any manner whatsoever or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
- To cause annoyance, inconvenience or needless anxiety.
Reviews, comments, communications and other content
- Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Designbarn reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Designbarn. Violations of these Conditions of use and, or terminate your permission to access or use this website.
- If you do post content or submit material, and unless we indicate otherwise, you grant Designbarn and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- Designbarn and its affiliates and sub-licensees have the right to use the name that you submit in connection with such content, if they choose.
- You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Designbarn, including the execution of deeds and documents, at its request.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Designbarn:
(i) the content and material is accurate.
(ii) Use of the content and material you supply does not breach any applicable Designbarn policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
(iii) The content is lawful. You agree to indemnify Designbarn and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
Claims against Objectionable Content
- Because Designbarn processes Hundreds of transactions / information on daily basis on the website / social media and hosts many of comments, it is not possible for us to be aware of the contents of each posting, or each comment or review that is displayed. Accordingly, Designbarn operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, homophobic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, Designbarn will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
Copyright, authors’ rights and database rights
- All content included on the website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Designbarn, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Designbarn and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Designbarn, its affiliates or its software suppliers and is protected by India and international copyright and authors’ rights laws.
- You may not systematically extract and / or re-utilise parts of the contents of the website without Designbarn and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Designbarn and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg.: prices and postings) parts of this website without Designbarn’s express written consent.
- You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the user faced in this process, or any other party involved in the Transaction and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Transacting Party.
- We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Designbarn nor shall Designbarn have any obligations or liabilities in respect of any transactions on the website.
Indemnity and Release
- You shall indemnify and hold harmless Spread, Designbarn and its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- You hereby expressly release Spread, Designbarn and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- Parties other than Designbarn and its affiliates may operate stores, provide services, or sell product lines on Designbarn. For example, businesses and individuals offer products via Marketplace as directed by spread. In addition, if we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Designbarn does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
- When you visit Designbarn or send emails to us, you are communicating with us electronically. You will be required to provide a valid phone number, mobile number and email address while transacting on Designbarn. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, email or phone calls from us with respect to your transactions or accounts.
Events beyond our reasonable control
- We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) which do not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk.
Limitation of Liability
- TO THE FULLEST EXTENT POSSIBLE BY LAW, SPREAD’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH DESIGNBARN OR YOUR USE OF THE DESIGNBARN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED INR 1,000.
Intellectual Property Rights
- Spread and Designbarn are trademarks owned by Spread design innovation pvt ltd and any unauthorized use may give rise to claim for damages.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- You may not create a link to this website from another website or document without Spread’s prior written consent.
Notice of Copyright Infringement
- If You believe that your copyrighted work has been uploaded, posted or copied to Designbarn and is accessible on Designbarn in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf.
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing.
III. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity.
- Your name, address, telephone number and, if you have one, your e-mail address.
- A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law.
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
- The Details can be mailed at SPREAD. (Regd office)132/1 Athina Township, 3rd Stage, Billishivale Dodda Gubbi PO, Bengaluru, Karnataka 560077
- Email: email@example.com
Restrictions and Prohibitions
- Users shall not use any Designbarn‘ s e-platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation to Designbarn content,
I. in violation of any applicable law or regulation,
II. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others.
III. That belongs to another person and to which the user does not have any right to.
IV. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous-, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
V. harm minors in any way.
VI. Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.
VII. Impersonate another person or entity.
VIII. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Spread’s computer systems or website or Spread’s visitors, customers computer systems or site.
IX. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- Visitors/Customers are also prohibited from violating or attempting to violate the security of Designbarn, including, without limitation the following activities. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
I. Access data not intended for you or log into a server or account that you are not authorized to access.
II. Attempt to probe, scan or test the vulnerability of a system or network.
III. Attempt or breach security or authentication measures without proper authorization.
IV. Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Designbarn, overloading, Flooding, mail bombing or crashing.
V. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
VI. Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Designbarn except as permitted.
VII. Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including posting to any other Website.
VIII. The Visitor shall not utilize the services offered in any manner so as to impair the interests and functioning of Spread or Designbarn.
- The Visitors undertake that the services offered by Designbarn shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk email or unsolicited commercial email.
- Use any data mining, robots or similar data gathering or extraction methods
Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tools, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Designbarn other than the search engine and search agents available from the Company on such Designbarn.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Designbarn.
XII. Use the Spread’s Services for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libellous-, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Spread’s discretion.
Customer/Visitor Obligations and Administration of Information in Your Account
- While using Designbarn, Customer / Visitor may have to provide necessary information to complete the transaction (collectively referred as “Transaction Information”).
- You agree not to submit any posting descriptions, photographs, financial, contact or other information contained in each Posting’s data to Designbarn unless you have acquired or received all necessary rights and authorizations from the owner, including from the photographer and/or copyright owner of any photographs, to publish on Designbarn. Spread may also require you to support your claims with respect to the Transaction Information as may be specified by it from time to time. You may further be required to substantiate your claims as to the nature and status of the Transaction Information by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Spread may, at its sole discretion but without any obligation to, search for such and remove postings that are alleged to have been submitted in violation of this provision.
- You agree to allow the Posting, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of your our website or at Designbarn. Spread shall have the sole authority to choose the manner in which any Posting will be searched, displayed, accessed, downloaded, copied, and otherwise used on Designbarn and Spread shall have the right to modify the posting in the exercise of its rights under this Agreement.
- You agree to allow the Transaction Information, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the your website or Designbarn . Spread shall have the sole authority to choose the manner in which any Transaction Information will be searched, displayed, accessed, downloaded, copied, and shared with transacting parties otherwise used on Designbarn and Spread shall have the right to modify the Transaction Information in the exercise of its rights under this Agreement.
- You agree that all Transaction Information and associated information provided by you will be accurate to the best of your knowledge.
- Spread reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Transaction Information on the Designbarn without notice.
- The Visitor acknowledges and agrees that Spread has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of Spread, to comply with the prevailing legal framework and/or moral obligations as placed on Spread and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting on Designbarn and/or the internet.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
No Resale or Unauthorized Commercial Use
- You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of Designbarn.
Jurisdiction and Arbitration
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority in India only.
- Visitors and Spread hereby submit to the exclusive jurisdiction of the courts at Bengaluru, Karnataka India without regard to its conflict of law provisions. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE WRITE TO US.
- email at firstname.lastname@example.org