Terms Of Service

Welcome to www.homeplan.design, which is owned and operated by Homeplan Private Limited (referred to as “Homeplan,” “we,” “us,” or “our”), a company registered under the Companies Act, 2013, with its registered address at WJ88+69V BMTC Complex, Old Madiwala, Kuvempu Nagar, Stage 2, BTM Layout, Bengaluru, Karnataka 560068.

These Terms of Use (“T&Cs” or “Terms of Use” or “Terms”) constitute an electronic contract formed under the Information Technology Act, 2000, and the Indian Contract Act, 1872. They do not require any physical, electronic, or digital signature. By continuing to use the platform, you signify your
acceptance of these Terms and any subsequent changes to them.

The Terms of Use set forth herein, along with the Privacy Policy, constitute an agreement that governs our relationship regarding the use of Homeplan services by you, the user (referred to as “you,” “your,” or “user”), of the website www.homeplan.design (“Website”) and the Homeplan mobile application (“App”), as well as any other electronic device through which you can access the Website or App, including any sub-domains, top-level domains, mobile sites, apps, and widgets (collectively referred to as the “Platform”).

We strongly advise you to carefully read these Terms. If you do not agree to any of the terms or the Privacy Policy, you should refrain from using this Platform and its associated services. You may only use Homeplan services if you fully agree to all the terms outlined in this document. By
accepting these Terms of Use, a legally binding agreement is formed between you and Homeplan.

The term “User” refers to any individual who visits, uses, browses, becomes a buyer on the Platform, avails any service through the Platform, or engages in any form of transaction with the Platform.

By visiting, using, browsing, accessing, dealing with, or transacting with us, you acknowledge and agree to be bound by these Terms. You understand that we provide access to and use of our Platform to you, subject to these Terms. You confirm that you have thoroughly read and
comprehend these Terms and the Privacy Policy, which are incorporated herein by reference and may be amended from time to time.

We reserve the right to modify any of the terms outlined in these Terms of Use for using our Platforms at any time. Any changes will be published as a new version of the “Terms of Use” on the Platform. Your continued use of our Platform constitutes your acceptance of the updated
Terms of Use. If you do not agree to any of our terms of use or other notices on our Platform, your only option is to immediately discontinue your use of our Platform and the services we provide.

Eligibility

The use of the Platform is restricted to individuals who can enter into legally binding contracts under applicable law. Individuals who are considered “incompetent to contract” as defined by the Indian Contract Act, 1872, including undischarged insolvents, are not eligible to use the
Platform. If you are a minor, meaning under the age of 18 but at least 13 years old, you may only use this Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. 

Homeplan reserves the right to terminate your use and deny you access to the Platform if we discover that you are under the age of 18. The Platform is not available to individuals whose membership has been suspended or terminated by Homeplan for any reason. 

If you are registering on behalf of a business entity, you represent that you have the authority to bind the entity to these Terms. Unless otherwise stated, the products/services offered on this Platform are intended for use by individuals within India. Homeplan makes no representation that the products or services mentioned on this Platform are suitable for use or available outside of India. 

Those who choose to access this Platform from outside India are responsible for complying with applicable local and international laws. Homeplan will only deliver products within India and will not be liable for any claims related to products ordered from outside India.

When using the Platform, you are solely responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your account. If you provide any untrue, inaccurate, outdated, or incomplete information, we reserve the right to indefinitely suspend, terminate, or block your access to the Platform and its services. You agree to promptly notify us of any unauthorized use or breach of your password or account and ensure the security of your user account. 

Your mobile phone number and/or email address serve as your primary identifiers on the Platform. It is your responsibility to keep your mobile phone number and email address up to date on the Platform at all times. If there are any changes to your mobile phone number or email address, you agree to promptly update the information on the Platform through a one-time password verification process. You acknowledge that Homeplan shall not be liable for any activities or consequences resulting from the use or misuse of information under your account, including cases where you have failed to update your revised mobile phone number and/or email address on the Platform.

What WeDo at Homeplan

Homeplan is an IT-based architectural and interior design company that offers comprehensive solutions for your architectural, interior décor, and furnishing needs. Our Services cover a wide range of areas to provide an end-to-end solution for our clients. Whether you are engaging with
Homeplan in a contractual capacity or considering our services, it is important to note that our Terms and Conditions and other applicable agreements govern all project-related work and services provided by Homeplan. 

All the products, services, and information displayed on any Homeplan platform are presented as an “invitation to offer.” When you place an order for a purchase, it constitutes your “offer,” which is subject to the terms and conditions mentioned in the final Quotation approved and accepted by you, as well as the Works Contract (if applicable). Please be aware that Homeplan reserves the right to accept or reject your offer in accordance with our policies.

Use of Platform

Access to our Platform, homeplan.design, is provided free of charge, and it is your responsibility to ensure that your system is compatible with accessing and using the Platform. 

In order to avail certain services on the Platform, we may require you to provide us with specific information, including your name, date of birth, contact email, phone number, and any other information deemed necessary. By accessing and using the Platform, you represent and warrant the following to Homeplan:

  • You have the right, authority, and capacity to use the Platform, and you agree to comply with these Terms.
  • Your use and access of the Platform, as well as any content posted on the Platform, are solely for your personal use.
  • You will use the Platform and its services in accordance with the Terms of Use and applicable laws, regulations, and accepted practices.
  • You will not engage in reverse engineering, modification, copying, distribution, transmission, display, performance, reproduction, publication, licensing, creation of derivative works, transfer, or sale of any information obtained from us or through the use of the Platform.
  • Your use of the Platform will not violate any applicable laws or regulatory requirements.
  • You will not use the Platform to disseminate information or data that is not in compliance with the applicable laws and regulatory requirements.
  • You will not advertise, sell goods or services, or commercially benefit from the content on the Platform.
  • You agree not to publish any third-party information or personal data in the material you provide through the Platform.
  • You will refrain from making negative, denigrating, or defamatory statements or comments about Homeplan, its brand name, domain name, or engage in any conduct that may tarnish the image, reputation, or goodwill associated with Homeplan’s trade or service marks.

Prohibitions

The following acts are strictly prohibited for users of the Platform:

  •  Violating or attempting to violate the integrity or security of the Platform. 
  • Transmitting disruptive or competitive information through the Platform. 
  • Intentionally submitting incomplete, false, or inaccurate information on the Platform. 
  • Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Platform. 
  • Framing, hotlinking, or deep linking to any Content posted on our Platform. 
  • Copying or plagiarizing any Content or information available on the Platform. 
  • Transmitting or attempting to transmit computer viruses, worms, defects, Trojan horses, or any other destructive items.

Intellectual Property

This Platform, homeplan.design, is controlled and operated by Homeplan, and the products/services are sold by either Homeplan or other manufacturers, as applicable. All materials on this Platform, including images, logos, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. These materials are intended for your personal, non-commercial use only. You are strictly prohibited from copying, reproducing, republishing, uploading, posting, transmitting, or distributing such materials in any way, including
by email or other electronic means, directly or indirectly. You are also prohibited from assisting any other person in doing so. Modification of the materials, use of the materials on any other Platform or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use without the prior written consent of the owner is a violation of copyrights, trademarks, and other proprietary rights and is strictly prohibited. Any use of the materials for which you receive remuneration, whether in money or otherwise, is considered a commercial use under this clause.

The Platform, including its selection and arrangement, such as text, graphics, user interfaces, data, written posts, software, graphics, visual interfaces, sounds, music (if any), artwork, and computer code, is exclusively owned and controlled by us, our partners, or our licensors. The
design, structure, selection, coordination, expression, look and feel, and arrangement of such content are protected by copyright, patent, trademark laws, and various other intellectual property rights.

Homeplan may also display third-party trademarks, logos, and content (“Third Party Marks”) under a valid license or in accordance with applicable law. The intellectual rights to such Third Party Marks belong to their respective owners, and you are not permitted to use our marks or any such Third Party Marks. Please note that the trademark, copyright, and other intellectual property rights in the products available on the Platform belong to third parties. We are authorized by these third parties to list the products on the Platform for the purpose of licensing them to end customers. For the purposes of these Terms, Intellectual Property Rights include copyrights (registered or unregistered), patents (including rights to file patents), trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them, industrial and layout designs, geographical indicators, moral rights, broadcasting rights, display rights, distribution rights, selling rights, abridged rights, translation rights, reproduction rights, performance rights, communication rights, adaptation rights, circulation rights, protected rights, joint rights, reciprocating rights, infringement rights. The Parties acknowledge and confirm that no part of any Intellectual Property rights mentioned above is
transferred in the name of the user, and any intellectual property rights arising as a result of these Terms shall also be in our absolute ownership, possession, control, or the control of our licensors, as the case may be.

Unless otherwise indicated, we own all intellectual property rights, including the trademark “Homeplan” or any other intellectual property registered by us, and the Platform. This includes, without limitation, all rights, title, and interest in and to copyrights, trademarks, patents, utility
models, designs, know-how, trade secrets, inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You acknowledge and agree that you are not allowed to copy, republish, post, display, translate, transmit, reproduce, or distribute any content through any medium without obtaining the necessary authorization from us or the third-party owners of such content. We respect the intellectual property rights of others. If you believe that any content or material on our Platform infringes upon your intellectual property rights, please contact us at legal@homeplan.design

Third-Party Links and Content

The Platform, homeplan.design, may contain links to third-party websites or resources, where said third party may include individuals and entities affiliated with us. You acknowledge and agree that Homeplan is not responsible or liable for the accuracy of any content posted on such third-party websites or resources, products, services, and other information available on the third-party website. Links to such websites or resources do not imply any endorsement by Homeplan of such websites or resources or the content, products, services, and other information available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

You also understand and agree that our Platform may have third-party links, and these Terms of Use do not apply to other websites that might be linked on our Platform. These third-party sites have separate and independent policies, and therefore, we have no responsibility or liability for
the content and activities of these linked sites. It is recommended and advised that you review the respective policies of these third-party sites for more detailed information to become aware of their practices and instructions for using their websites.

Disclaimer of Warranties

This Platform, all products (including but not limited to software) and services, included on or otherwise made available to you through this site, are provided on an “as is” and “as available” basis without any representation or warranties, express or implied, except as otherwise
specified in writing. Without prejudice to the foregoing paragraph, Homeplan does not warrant that:

  • This Platform will be constantly available, or available at all.
  • The information on this Platform is complete, true, accurate, or not misleading.
  • Homeplan will be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the Platform. We do not warrant that this site; information, content, materials, products, or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.
  • We provide no express or implied representation or warranty (whether statutory or otherwise) in respect of this Platform or its content thereof, including, without limitation, as to their condition, reasonable quality, performance, fitness, accuracy for purpose, or that it is up to date. All such
    representations and warranties are excluded, except to the extent that such exclusion would be prohibited by law.
  • All the products on the Platform and services rendered are governed by central and state laws, as applicable. You will be required to enter a valid email and/or phone number while placing an order on the Website. By registering your email/phone number with us, you consent to be
    contacted by us via mail/phone calls and/or SMS notifications in case of any order, delivery, or installation related updates.

Privacy Policy

We view the protection of your privacy as a very important principle. We understand clearly that you and your Personal Information are one of our most important assets. We store and process your information, including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000 and Rules thereunder. Our current Privacy Policy is available
at https://homeplan.design/privacypolicy.

Breach of Terms

If we suspect or have reason to believe that you have breached any provisions under these Terms, or if requested by any legal enforcement, we will take whatever steps we and/or they deem necessary. These steps may include, but are not limited to, stopping your use of our
Platform and/or Service, removing your credentials from the Platform, sending you a warning, Indemnity.

Indemnity

You agree to defend, indemnify and hold harmless us, including independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective partners, officers, and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to:

  • Your access to or use of the Platform or Services.
  • Your breach of these Terms of Use or Quotation/Works Contract (as may be applicable).
  • Your violation of any applicable law(s), rules or regulations or the rights (including infringement
    of intellectual property rights) of a third party.
  • Your conduct in connection with the Platform.

Complaints and Feedback

We use reasonable endeavors to ensure that our Services are trouble-free and operate with transparency and integrity. We welcome feedback from our Users and, while we always use all reasonable endeavors to ensure that your experience as a User of our Platform is a positive one, we nevertheless want to hear from you if you have any cause for complaint. We shall take reasonable actions to remedy problems with our services as quickly as is reasonably possible, within the legal and technical boundaries.

If you wish to contact us with general questions, feedback, or to complain about any aspect of your dealings or transactions with us or our services, please contact us at hello@homeplan.design, setting out your complaint/feedback in sufficient detail (if applicable). We take all complaints/feedback very seriously and always endeavor to deal with them in a fair, expedite, and transparent manner.

Miscellaneous

Electronic Contracting: Your affirmative act of using and accessing the Platform constitutes your electronic signature to the Terms, making the terms of this document binding upon you. Force Majeure: We shall not be liable to the User or be deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control on account of Force Majeure Events where Force Majeure Events include fire, earthquake, flood, tsunami, epidemic, pandemic, strike, lockout, lockdowns, labor controversy, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or any other furnisher of essential supplies, equipment, or other facilities’ omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government or other regulatory authority acts which are beyond the control of either Party, or any other reasons which cannot be reasonably forecasted or provided against and which cannot be predicted by men of ordinary prudence.

Breach(es) of these Terms of Use: If you breach any of these Terms in any way, we may take such action as deemed appropriate to deal with the breach, including seeking legal remedy, suspending your use/account, access to the Platform, prohibiting you from accessing the Platform, blocking electronic devices using your IP address from accessing, using and testing the Platform, and/or contacting your internet service provider to request that they block your access to the Platform and such other action(s).

Severability: If any provision of the Terms is held to be unenforceable, then this document will be deemed amended to the extent necessary to render the otherwise unenforceable provision valid and enforceable, and the rest of the document valid and enforceable.

Amendments, Modifications: We reserve the right, at our sole discretion, to modify or replace any part of the Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Platform and/or services following the posting of any changes to this document constitutes acceptance of those changes.

Remedies: If either party to the Terms breaches any provision of these Terms relating to Confidential Information or intellectual property rights, there may not be an adequate remedy available solely at law; therefore, the injured party may seek an injunction, specific performance, or other forms of equitable relief or monetary damages or any combination thereof.

Waiver: No failure or delay by the injured party to the Terms in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder at law or equity.

Relationship between the Parties: Nothing in the Terms shall deem to constitute a partnership between Homeplan and you. It is hereby understood that the parties shall be related on a principal-to-principal basis only and not as legal representatives, partners, or agents of each other. Neither Party shall have any right, power, or authority, whether express or implied, to create any obligation on behalf of the other Party.

Governing Law

Any dispute or claim between you and Homeplan arising out of or in connection with this Platform or its subject matter (whether allegedly contractual or non-contractual disputes and claims) shall be governed by and construed in accordance with Indian law. You hereby submit to the
exclusive jurisdiction of the civil courts at Bengaluru.

Contact Us

If you have additional questions or require more information about our Terms of Use or this Platform and services, do not hesitate to contact us through email at hello@homeplan.design

Grievance Officer

In the event that you have a grievance regarding our Privacy Policy, you may reach out to our Grievance Redressal Officer at the details below:

Name: Arun Gautham
Email: arung@homeplan.design
Address: WJ88+69V BMTC Complex, Old Madiwala, Kuvempu Nagar, Stage 2, BTM Layout, Bengaluru, Karnataka 560068