spacemorphosis.com (the “spacemorphosis Website”) is owned and operated by Space Morphosis, a company incorporated under the Companies Act, 1956 (hereafter “Space Morphosis”, “we”, “our”, or “us”). “You” or “your” means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.
You understand that any items or content you import or create on the Website may be made available to the public in such manner as shall be determined by Space Morphosis in its sole discretion from time to time. Further, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and content you have created or procured using the Website. We do not guarantee confidentiality of items, comments or rooms/projects you create.
In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorised use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorised use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Website in a manner that sends more request messages to the Space Morphosis servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Space Morphosis grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Space Morphosis reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
The technology and the software underlying our sites and our Services is the property of Space Morphosis. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
When you visit our website, sign-up or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PROVISION OF THE SERVICES BY Space Morphosis. We may from time to time change or modify the Services. You agree that the form, nature and content of the Services may change from time to time without prior notice to you. Space Morphosis may at any time or from time to time stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally in Space Morphosis’s sole discretion, without prior notice to you. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website or close it indefinitely. You acknowledge and agree that if Space Morphosis. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Space Morphosis will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. You may stop using the Services at any time.
4.1 Space Morphosis does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Space Morphosis expressly disclaims any and all liability in connection with User Submissions. Space Morphosis does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Space Morphosis will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Space Morphosis reserves the right to remove Content and User Submissions without prior notice. Space Morphosis will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Space Morphosis also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Space Morphosis may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.It is our policy to respond to notices of alleged infringement that comply with the copyright Act, 1957 and the copyright Rules in India.
4.2 The images referenced, made accessible or made available to you on these pages or by means of the Space Morphosis Service are protected by the copyright and trademark laws of India and other countries. You may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the web. For authorisations to use an image, please contact the image owner as indicated on the source site, not Space Morphosis. Space Morphosis cannot give you authorisation to use the copyrighted images. We cannot guarantee that the Spacemorphosis Service will not locate unintended or objectionable content and Space Morphosis accepts no responsibility or liability for the content of any site included in any Space Morphosis item or set, or otherwise linked to by the Space Morphosis services, or for your use of such content. Space Morphosis reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
Claims can be emailed to email@example.com
You understand that when using the Space Morphosis Website, you will be exposed to User Submissions from a variety of sources, and that Space Morphosis is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Space Morphosis with respect thereto, and agree to indemnify and hold Space Morphosis, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Space Morphosis guarantees that each user will receive design recommendations based on the recorded feedback, pictures, or other material submitted by the user. Design is inherently subjective, however, and you agree that Space Morphosis cannot and does not warrant or guarantee your satisfaction with design services and/or ideas you receive on the Space Morphosis website. Notwithstanding the foregoing, Space Morphosis will take such reasonable steps, in Spacemorphosis’s sole discretion, to ensure your satisfaction, including but not limited to those measures set forth in our Refund Policy.
While Space Morphosis has made every effort to portray recommended products and their colors and materials in the most accurate way on the Website the displayed colors of the products will depend upon the monitor/handheld device of the user and cannot be guaranteed by Space Morphosis. as an accurate portrayal of the actual color or material of the product. We also make efforts to estimate scale of your space based on photos provided, but can’t guarantee that all recommended products will fit your space-customers are asked to measure their space to ensure that items fit prior to purchasing.
While Space Morphosis will attempt to ensure that all retail product links are current in order to assist users with purchasing design materials, there is no guarantee that the furniture or accessories recommended by Space Morphosis will be available for purchase at all or within a specific time frame defined by the customer. If prices are provided as part of the design service recommendation, there is no guarantee that the customer will find the article at the similar price when they order. For the goods purchased from partners/vendors websites, the terms and conditions and the returns policy of that particular vendor/s will apply and Space Morphosis will not be responsible in any manner, whatsoever.
No material from Space Morphosis.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on Spacemorphosis.com such as through links on Spacemorphosis.com to other websites or services. Spacemorphosis.com , including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, messages, graphics, software and the HTML used to generate the pages (“Materials and Content”), is property of Space Morphosis.
Space Morphosis grants you a personal, limited, non-exclusive, non-transferable license to access Spacemorphosis.com and to use the information and services contained here. Space Morphosis reserves the right, for any reason or for no reason, in its sole discretion and without notice to you, to revise the products and services described on Spacemorphosis.com to terminate, change, suspend or discontinue any aspect of the Web Site including, but not limited to, the Materials and Content on the Web Site as well as features and/or hours of availability of Space Morphosis, and Space Morphosis will not be liable to you or to any third party for doing so. Space Morphosis may also impose rules for and limits on use of the Web Site or restrict your access to part, or all, of the Web without notice or penalty. The content of the Web Site is for your general information and use only. Unauthorised use of this Web may give to a claim for damages and/or be a criminal offense. Your use of the Web Site and any dispute arising out of such use of the Web Site is subject to the laws of the State of Haryana, India.
For any dispute you have with Space Morphosis, you agree to first contact us (firstname.lastname@example.org) and attempt to resolve the dispute with us informally. If Space Morphosis has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Indian Council of Arbitration (“ICA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the ICA, except as provided herein. Unless you and Space Morphosis agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any ICA filing, administrative and arbitrator fees in accordance with ICA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorised access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SPACE MORPHOSIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Space Morphosis reserves the right, without prior notice, to make changes to any service and/or product offered on this Website or to the applicable prices for any such service or product at any time. Pricing for product and services listed on Spacemorphosis.com are quoted in the currency based on the country from where the Website is used from (provided by the user) and are valid in user’s respective country. All prices are subject to change. At times, simple assembly may be required for some furnishings on your price list. Refer to the manufacturer’s/vendor’s product manual for any questions you may have with the assembly of your furniture. Items in your shopping list are subject to availability per the vendor’s stock levels. Space Morphosis cannot guarantee availability or workmanship of product purchased from outside vendors.
For paid design service questions, if you are not satisfied with your experience with Space Morphosis services, then you may ask for specific remedies to fix the situation by emailing email@example.com. At Space Morphosis discretion, we will offer a refund in those situations only where we are unable to do the job and are unable to contact you for two weeks . You can request a refund by emailing firstname.lastname@example.org. The refund is limited to the amount paid for the design service and will be done in minimum 3 weeks time and maximum upto 5 weeks of decision taken.
Space Morphosis disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Space Morphosis service pages. Space Morphosis disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material and products. Space Morphosis disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SPACE MORPHOSIS SERVICE.
THE SPACE MORPHOSIS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SPACE MORPHOSIS SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SPACE MORPHOSIS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPACE MORPHOSIS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SPACE MORPHOSIS SERVICES. SPACE MORPHOSIS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SPACE MORPHOSIS SERVICES. SPACE MORPHOSIS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SPACE MORPHOSIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SPACE MORPHOSIS SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SPACE MORPHOSIS SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SPACE MORPHOSIS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL SPACE MORPHOSIS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SPACE MORPHOSIS SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN >IF SPACE MORPHOSIS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SPACE MORPHOSIS SERVICE, FROM INABILITY TO USE THE SPACE MORPHOSIS SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SPACE MORPHOSIS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SPACE MORPHOSIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SPACE MORPHOSIS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SPACE MORPHOSIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SPACE MORPHOSIS SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SPACE MORPHOSIS SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SPACE MORPHOSIS SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Space Morphosis or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Space Morphosis.