TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology 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 of the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.Houzome.com website.

The domain name www.Houzome.com (herein after referred to as “Website”) is owned by Houzome Decor Private Limited, a company incorporated under the Companies Act 2013, with its registered head-office at B1-504, Golden Palms Apartment, K Narayanapura, Kothnur Post, Bengaluru - 560077 (herein after referred to as “Houzome”).

Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction, by mere use of the Website you shall be contracting with Houzome and these terms and conditions including the policies constitute your binding obligations, with Houzome.

Your use of www.Houzome.com and all the web pages, hyperlinks, tools and services provided under (herein after referred to as “Website” ) which expression shall include any successor or replacement website ) is governed by the following terms and conditions as applicable to the Website (“Terms and Conditions”). These Terms and Conditions shall come into effect upon each visit or usage of the Website or upon your registration or upon you providing any information on the Website. As per these Terms and Conditions, you are contracting with Houzome, hereinafter referred to as “the Platform” which, unless the context otherwise shall mean, include its successors, liquidators and assigns.

For the purpose of these Terms and Conditions, a “Registered User/Visitor” and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the website by providing registration data while registering on the Website as a Registered User using the computer systems of the Website or who has used and visited the Website without becoming a Registered User, and in both the cases, accepted this electronic version/electronic record of the Terms and Conditions (“Use”). A Registered User has allocated himself a unique identification user name (“User Id” and “Password”) to become a Registered User. The term and expression ‘You’ shall, unless the context otherwise requires, include your legal heirs, receivers, successors, liquidators and permitted assigns.

For the purpose of these Terms and Conditions, and wherever the context so requires “We” or “we” “Houzome” or “Us” or “Our” shall be understood to mean Houzome, its legal heirs, receivers, successors, liquidators and permitted assigns.

As a Registered User, these Terms and Conditions shall be effective and binding upon your &lsquoAcceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and /or on the ‘continue button’ and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using or visiting the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by these Terms and Conditions, please do not sign-up and do not seek to obtain access to or otherwise use the Website.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this ‘Terms and Conditions’ and shall be considered as part and parcel of this ‘Terms and Conditions’. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you. It is your responsibility to review the terms periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and Conditions, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THIS TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the terms to this Terms and Conditions, You also accept and agree to be bound by Houzome Policies (including but not limited to Privacy Policy available on privacy policy) as amended from time to time.

Membership and User Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Houzome website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Houzome reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Houzome’s notice or if it is discovered that you are under the age of 18 years or incompetent to contract.

Your Account and Registration Obligations

If you use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Houzome is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Henceforward:

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Houzome does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  2. Houzome does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Houzome does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Houzome accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. Houzome is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Houzome cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Houzome shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  4. Houzome does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
  5. Houzome does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  6. At no time shall Houzome hold any right, title or interest over the products nor shall Houzome have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Houzome is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services and hire professionals to design/ renovate. Houzome is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Houzome hold any right, title or interest over the products nor shall Houzome have any obligations or liabilities in respect of such contract.
  8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

Important Disclaimers:

The following disclaimers by the Platform are the key to determine any relationship between you and the Platform for Your use of the Website and for Platform providing any Services on the Website:
Platform and its suppliers, affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.

The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. Platform neither recommends you to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behavior of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled “Disclaimer Of Warranties of Liability”, Your sole and exclusive remedy and Platform’s sole and exclusive responsibility and liability is to provide You necessary information (subject to Privacy Policy and applicable laws) for You to deal with other users of the Website with respect to any dispute.

The Platform provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled “Disclaimer of Warranties and Liability”.

You understand, agree and acknowledge that Platform uses third party services providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this Terms and Conditions.

Charges/Fee Policy

Membership on the Website is free for buyers. Houzome does not charge any fee for browsing and buying on the Website. Houzome reserves the right to change its Fee Policy from time to time. In particular, Houzome may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Houzome reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Houzome.

Use of the Website

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

    (a) belongs to another person and to which You do not have any right to;

    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    (c) is misleading in any way;

    (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

    (e) harasses or advocates harassment of another person;

    (f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

    (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

    (h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

    (i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

    (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

    (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

    (m) contains video, photographs, or images of another person (with a minor or an adult).

    (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

    (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms and Conditions, Houzome’s prior written consent means a communication coming from Houzome’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

    (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

    (q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

    (r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of this Terms and Conditions.

    (s) harm minors in any way;

    (t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

    (u) violates any law for the time being in force;

    (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    (w) impersonate another person;

    (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

    (y) 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.

    (z) shall not be false, inaccurate or misleading;

    (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

    (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

    (ac) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Terms and Conditions or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.

    Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Terms and Conditions and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this Terms and Conditions or any policy contained herein, in any applicable law or under torts.

  2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Houzome, Houzome.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Houzome or sellers on platform or otherwise tarnish or dilute any Houzome’s trade or servicemarks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Houzome’s systems or networks, or any systems or networks connected to Houzome.
  6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  8. You may not use the Website or any content for any purpose that is unlawful or prohibited by the terms of this Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Houzome and / or others.
  9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable(through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use your information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Website.
  11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk mail to other Users via the Website. It shall be a violation of the terms of this Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which we deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    We reserve the right, but have no obligation, to monitor the materials posted on the Website. Houzome shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Houzome views. In no event shall Houzome assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  12. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  13. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
  14. Houzome shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS(Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content“), is a third party user generated content and Houzome has no control over such third party user generated content as Houzome is merely an intermediary for the purposes of the terms of the Use.

Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Houzome’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Disclaimer

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

You release and indemnify Houzome and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Houzome cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Selling

Houzome is governed by an agreement executed with all the sellers/vendors registered on www.Houzome.com that enables the sellers to be legally able to sell the item(s) listed for sale on our Website. However, Houzome shall not be held responsible to ensure that all listed items must be kept in stock for successful fulfillment of sales.

Payment Facility

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between”Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

  1. Transactions, and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Houzome liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Houzome Website.
  2. You have specifically authorized Houzome or its service providers to collect, process, facilitate and remit payments and / or the price of products electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility. Your relationship with Houzome is on a principal to principal basis and by accepting these Terms and Conditions you agree that Houzome is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Houzome’s Website that are paid for by using the payment facility. Houzome does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
  3. You understand, accept and agree that the payment facility provided by Houzome is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Houzome Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Houzome is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction.
  4. Houzome reserves the right to impose limits on the number of Transactions or amount spent which Houzome may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  5. You understand and agree that the personal information including address provided by you shall be used for delivery of products purchased by you on www.Houzome.com. As such any delays in dispatch or delivery of the same shall not be the responsibility of Houzome.
  6. Houzome reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Houzome or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  7. Houzome may do such checks as it deems fit before approving the receipt of Buyers commitment to pay [for Cash-On-Delivery (COD) transactions] for the product/services. As a result of such check if Houzome is not satisfied with the credibility of the Buyer or genuineness of the Transaction / price of product, it will have the right to reject the receipt of / Buyers commitment to pay price of product (cash on delivery).
  8. Houzome may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Houzome deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction. In addition, Houzome may hold the Transaction and may not inform the Seller to dispatch or remit the price paid for the product. Further, Houzome may choose to inform the law enforcement officials in the event of the Buyer being engaged in any form of illegal activity.
  9. The Buyer and Seller acknowledge that Houzome will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction or any delay in processing a Transaction which is beyond the control of Houzome or in the nature of any of the above mentioned cases.

Payment Facility for Buyers:

  1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Price through Your Issuing Bank to the Seller using Payment Facility.
  2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility.
  3. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Houzome Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that In case of Cash-On-Delivery (COD) transactions, Buyer is not required to confirm the receipt of products or services.
  4. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, except as otherwise mentioned in these Terms and Conditions whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time then this would make you ineligible for a refund.
  5. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
  6. Except for Cash-On-Delivery (COD) transactions, refunds, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
  7. For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer).
  8. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  9. For electronics payments, refund shall be made through payment facilities using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  10. Refund shall be subject to Buyer complying with Policies.

Buyer’s arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Product Description:

Houzome does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Delivery of the Product

Your shipping address, pin code will be verified with the database of Houzome before you proceed to pay for your purchase. If your order is not serviceable by delivery partners or the Vendor or the area is not covered, we will request you to provide us with an alternate shipping address which we expect to have on delivery partner’s/Vendor’s delivery list. If there is any dispute regarding the shipment of the product or services for the area not covered by Houzome, Houzome will not be responsible for the non-delivery of the product. Houzome doesn’t deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.

Privacy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

Disclaimer of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

You agree to indemnify, defend and hold harmless Houzome from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Houzome that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of the Terms and Conditions or any Additional Terms applicable to the purchase of Products.

In no event shall Houzome, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Houzome has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Houzome’s entire liability to you under this Terms and Conditions or otherwise shall be the refund of the money charged from you, under which the unlikely liability arises.

HOUZOME WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOUZOME ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT HOUZOME DOES NOT PROVIDE ANY WARRANTIES RELATING TO THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. HOUZOME SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, HOUZOME SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. HOUZOME IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. HOUZOME ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.

HOUZOME SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

NOTWITHSTANDING ANYTHING TO CONTRARY, HOUZOME’S ENTIRE LIABILITY TO YOU SHALL BE THE REFUND OF THE MONEY CHARGED TO YOU FOR ANY PRODUCT OR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.

IN NO EVENT SHALL HOUZOME, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEABLE AND WHETHER OR NOT HOUZOME HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Protection provided to Buyer

  1. In case of a dispute where the Seller is unable to provide a refund or are placement, Houzome will actively work towards reaching a resolution.
  2. The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
  3. The Buyer can write to Admin@Houzome.com with Order ID/Invoice number / date if the issue with the Seller is not resolved. Houzome’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
  4. In due course of resolution, Houzome’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.
  5. When a dispute has been raised, Houzome may provide both the Parties access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Houzome for settling the dispute.

Eligibility and Restrictions of Buyer

  1. Only the Buyers who have purchased the product on Houzome are eligible for the Buyer Protection Program.
  2. Buyers can file a dispute within 45 days from the date of delivery of the product
  3. Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
  4. To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Houzome by writing an email to Admin@Houzome.com with Order ID and Invoice number.
  5. Fraudulent charges and claims are not covered under Buyer Protection Program
  6. If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
  7. Blacklisted and Blocked Buyers are not covered by the Buyer Protection
  8. Buyers who have reached their maximum lifetime limit for claims are also not Buyers can make a maximum of 5 claims per year on Houzome. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs. 50,000 (Rupees Fifty thousand).
  9. Through the Buyer Protection program, Houzome does not provide any guarantee/ warranty to Buyers for products sold on Houzome against technical/ manufacturing defects.
  10. Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Houzome shall verify the disputes so raised and may process only such claims that are valid and genuine.
  11. Houzome shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
  12. Houzome reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Houzome may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
  13. Decisions made by Houzome under the Buyer Protection Program shall be final and binding on its Users.
  14. Houzome reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
  15. Through this program, Houzome shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
  16. Houzome Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

  1. Item not received CB: – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies.
  2. Unauthorized CB: – Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.

Email Abuse & Threat Policy

  1. Private communication, including email correspondence, is not regulated by Houzome encourages its Users to be professional, courteous and respectful when communicating by email.
  2. However, Houzome will investigate and can take action on certain types of unwanted emails that violate Houzome policies.
  3. Such instances:
  4. Threats of Bodily Harm – Houzome does not permit Users to send explicit threats of bodily harm.
  5. Misuse of Houzome System – Houzome allows Users to facilitate transactions through the Houzome system, but will investigate any misuse of this service.
  6. Spoof (Fake) email – Houzome will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through ‘Contact Us’ tab.
  7. Spam (Unsolicited Commercial email) – Houzome’s spam policy applies only to unsolicited commercial messages sent by Houzome Users. Houzome Users are not allowed to send spam messages to other Users.
  8. Offers to Buy or Sell Outside of Houzome – Houzome prohibits email offers to buy or sell listed products outside of the Houzome Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
  9. Houzome policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.
  10. Violations of this policy may result in a range of actions, including:

    a) Limits on account privileges

    b) Account suspension

    c) Cancellation of listings

    d) Loss of special status

Other Businesses/ Third Party Links:

Houzome does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Houzome assumes no responsibility for examining or evaluating the products and services offered by them. Houzome do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Houzome does not endorse, in any way, any third party website(s) or content thereof.

Violation of the Terms and Conditions

Houzome may, in its sole discretion and without prior notice, terminate your access to the Website if Houzome determines that you have violated the Terms or or any other duty owed to Houzome. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Houzome, for which monetary damages is likely to be inadequate, and You consent to Houzome obtaining any injunctive or equitable relief that Houzome deems necessary or appropriate. These remedies are in addition to any other remedies Houzome may have at law or in equity.

You agree to indemnify, defend and hold harmless Houzome, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Houzome that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold Houzome harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. Houzome will also be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Houzome.

Termination

The Terms will continue to apply until terminated by either you or Houzome as set forth below. If you want to terminate your agreement with Houzome, You may do so by (i) not accessing the Website; or (ii) closing your accounts (if any).

Houzome may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you;

Houzome is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);

The provision of the Services to You by Houzome is, in Houzome’s opinion, no longer commercially viable;

Houzome has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to you; or

For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. Houzome may also delete any content or other materials relating to your use of the Website.

Houzome shall not be liable to you or any third party for any such termination.

Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension

Governing Law

The Terms and all transactions entered and the relationship between you and Houzome and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and You hereby accede to and accept the jurisdiction of such courts.

Report Abuse

In the event You come across any abuse or violation of the Terms of or if You become aware of any objectionable content on the Website, please report to Admin@Houzome.com.

Contact Us

Couldn’t find the information you need? Please mail us at Admin@Houzome.com.

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