Refund Policy
No refunds are applicable to any User that purchases the services of the Company.
FORCE MAJEURE
The Platform is not liable for failure to perform any of its obligations if such failure is as a result of act of God (including fire, flood, earthquake, storm, hurricane, pandemic or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, epidemic, pandemic, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in usage of the terms “M/s Narangi”, “Hire Designers”, “https://hiredesigners.in” including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us. Use of the Platform and the services offered on or through the Platform, are only for your personal, non-commercial use. Under no circumstances may you change or delete any copyright, trademark, or other proprietary notices. Any modification of the materials on the Platform or use of them for any other purpose will violate our intellectual property rights.
The Platform and all of its content are copyrighted materials, protected by Indian and international copyright laws. All content contained on the Platform are the exclusive intellectual property of their respective owners, licensors and/or the Company. Any attempt to make copies in any National, Regional and / or International language for any other uses by any party, any attempt to publish the same elsewhere or disseminate the same by any person or any organisation without the specific and written permission of the copyright holder will amount to a violation under Indian copyright laws and legal proceedings against the person(s) will be initiated in the Indian courts of law. Therefore, the content may not be used for any purpose other than browsing and using the services and information provided for your own private use. Your use of the Platform does not grant you ownership of any content, code, data or materials you may access on or through the Platform.
Additionally, the names and logos of the Company are trademarks and/or service marks of Hire Designers, a registered brand of M/s Narangi. The Company’s trademarks and service marks may not be used by any other party without the Company’s express written permission.
[The Website may from time to time contain intellectual property of the Company’s clients which have been published with proper consent. You are not allowed to use or reproduce such intellectual property in any manner or for any purpose. Any such use shall be considered as a breach of the terms herein and the intellectual property rights of such persons adequate steps to remedy this breach or enforce their/ our rights may be undertaken against you.] [Note: Please confirm.]
By accepting the use of terms hereunder you agree that the Company does not transfer/assign the title to the Platform to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by the Company, we retain the full and complete right, title and interest to the Platform, and all intellectual property, title and interest to the Platform, and all intellectual rights therein.
DISPUTE RESOLUTION AND GOVERNING LAW
We will not be obliged to participate in any way in any dispute between you and any party other than us regarding the services availed through the Platform. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.
As a User, you can raise the dispute with our Grievance Officer who will coordinate and will strive to find an amicable solution for resolving the dispute. In order to raise the Grievance Officer, You are required to reach out to the Grievance Officer on the below details:
The Outcome of the dispute will be informed to you as early as possible. Ideally it can take about 7 (seven) business days to resolve a dispute.
The Platform is intended for use by Users located in India. We in no way imply that the materials on our Platform are appropriate or available for use outside of India. If you use our Platform from locations outside of India, you are responsible for compliance with any applicable local laws. The Terms and Conditions shall be governed by the laws of India without regard to its conflict of law principles.
The User agrees to submit to the personal and exclusive jurisdiction of the courts of [Delhi], India for the purpose of litigating all such claims or disputes. [TL Note: Please confirm.]
SEVERABILITY
If any covenant, obligation, agreement, term or condition of these Terms and Conditions or the Platform thereof to any person or circumstances shall, to any extent, be invalid or unenforceable the remainder of these Terms and Conditions, or the application of such covenant, obligation, agreement, term or condition to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each covenant, obligation, agreement, term and condition of these Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law and the invalid or unenforceable covenant, obligation, agreement, term or condition (as the case may be) shall be modified so as to be enforced to the fullest extent permitted at law.
CHANGES TO THE TERMS
The Company reserves for any reason and at any time, in its sole discretion, the right to modify, terminate, change, amend, or suspend an account or any of the services and the Terms and Conditions. The Company may impose limits on all or certain features of the services or restrict your access to part or all of the services or the account without notice or liability.
The modified Terms and Conditions will be uploaded on the Platform and shall be enforceable from the time of its upload on the Platform.
Your access to the Platform, an account and/or the services is completely at the discretion of the Company, and the Company reserves the right to block, suspend or terminate your access to the Platform, any account and/or the services at any time for any reason including (i) non-compliance with these Terms and Conditions (ii) actions that may lead to liability for the Company or its staff, consultants and associated persons and organizations including affiliates, suppliers or service providers, (iii) disruption of access to other Users, and/or (iv) violation of applicable laws or regulations.
You agree that we may without prior consent delete your data including Personal Data (as defined in our Privacy Policy), data, text, files, images and all other materials and that we may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
You agree that we shall not be liable for any loss or damages to you or any third party resulting from the deletion or loss of such information or resulting in any way and that you will keep us fully and effectively indemnified against all losses, liabilities, damages and costs (including legal costs on a full indemnity basis) suffered by us in connection with or arising from any changes to the services, any deletion or loss of your information, any of the website content, or any products or services.
FEEDBACK
Any comments, suggestions, proposals or other feedback provided to us in connection with the operation or content of this Platform shall be provided by the submitter and received by us on a non-confidential basis. You represent and warrant that you have all rights necessary to submit the comments, suggestions, proposals or other feedback. All such comments, suggestions, and other information shall become our exclusive property. By submitting any such information to us, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that we shall be free to use such information on an unrestricted basis.
LIMITATION OF LIABILITY
The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. The Company makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Platform.
Although the Company makes reasonable commercial efforts to ensure that the description and content in the Terms and Conditions and on the Platform is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, the Company may not be the originator of the job/ services described/ offered on the Platform and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the Company’s client.
In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of services or resulting from any information or products purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. Neither shall the Company nor our directors, officers, employees, agents or other representatives be responsible for the delay or inability to use the Platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.
The Company and its licensors, suppliers, or vendors, and their respective officers, directors, employees, agents, or other representatives shall not be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not the Company has been advised of the possibility of damage, arising out of or in connection with the use or performance of the Platform or of failure to provide products or services that you order/ avail from the Company or its affiliates, including without limitation, damages arising from error, omission, virus, delay, or interruption of service.
INDEMNIFICATION
You agree that you shall indemnify, defend and hold harmless the Company and all parties from whom the Company has licensed portions of content on the Platform, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to: (i) your breach of these Terms and Conditions; (ii) your use of, or inability to use, the Platform or the services; (iii) any action taken by the Company as part of its investigation of a suspected violation of these Terms and Conditions; (iv) your violation of any third party intellectual property or other rights in relation to your use of the Platform or the services; or (v) any suit, claim, or demand arising from or relating to your content/ use of the Platform.
The Company reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to the defence, indemnification and hold harmless obligations by you hereunder and you shall not in any event settle any matter without the prior written consent of the Company. You agree that the provisions in this section will survive any termination of your account, these Terms and Conditions or your access to the Platform and/or services.
DISCLAIMER
The Platform and the services are provided on an “as is” and “as available” basis without representation, warranty, or guarantee of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, or non-infringement to the maximum possible extent exclusion of such representation, warranty or guarantee is permitted under applicable law. All such warranties, conditions and promises (other than any specific guarantee if any provided) are excluded to the full extent permitted by law and without limitation to the foregoing:
- The Company does not guarantee, represent, or warrant that your use of the Platform and/or services will be uninterrupted or error-free, and you agree that from time to time the Company may take down or remove the Platform and/or services or any functionality thereof, for indefinite periods of time, or cancel the services at any time, without notice to you; and
- The Company does not guarantee, represent or warrant that the Platform and/or services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto.
NO AGENCY
No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Terms and Services, the provision of the account, or the provision of any of products or services.
NO WAIVER
Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights. No waiver or acquiescence by us related to any breach of these Terms and Conditions is valid except if given in writing. Any such waiver or acquiescence shall not constitute a consent to or waiver of or excuse for any other different or subsequent breach or act unless such waiver or consent is in writing signed by us.
REMEDIES
No remedy conferred upon or reserved in our favour under these Terms and Conditions will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Terms and Conditions or existing at law or in equity.
If we become aware of any possible violations by you of the Terms and Conditions, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform and the services, and any content, in the Company’s possession in connection with your use of the Platform and the services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms and Conditions, (3) respond to any claims that your content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
NOTICES
All notices shall be in writing and in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email to the following address at: info@hiredesigners.in.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
Legal notices from the Company will be served or to the email address you have provided while availing services or communicating with us. Notice will be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you while availing services or communicating with us. In such case, notice will be deemed given three days after the date of mailing.
CONTACTING US
To contact us about these Terms and Conditions, about our services, you may write to us to the notice details provided above or through email or phone.
