Terms of Use

By downloading, browsing, accessing or using Design Club mobile application (“Design Club App”), you agree to be bound by these following Terms of Use. If you disagree with any of these Terms of Use, you must immediately discontinue your access to Design Club App and your use of the services offered on Design Club App. Continued use of Design Club App will constitute acceptance of this Terms of Use, as may be amended from time to time.


USE OF DESIGN CLUB APP

You may use Design Club App provided you are of legal age to form a binding contract and are not barred under the Indian laws. You agree to use Design Club App for personal, informational and non-commercial purposes only. You agree not to access the service by any means other than through the interface provided by us.


RIGHT TO CHANGE DESIGN CLUB APP

Your use of the software provided by Design Club App will be governed by its terms and any additional terms and conditions of the end user license agreement accompanying it. We may, at any time, upgrade Design Club App to enhance and further develop the service. We reserve the right to modify or discontinue service of Design Club App, temporarily or permanently, and cannot be held liable for this.


PRIVACY POLICY

For a detailed account of what information we collect and share, please read our Privacy Policy.


LOCATION ALERTS AND NOTIFICATIONS

You agree to receive pre-programmed notifications (“Location Alerts”) on Design Club App from us if you have turned on location services on your mobile phone.


INTELLECTUAL PROPERTY RIGHTS

Rights to Intellectual Property

  • You accept that Design Club’s software is proprietary and protected by applicable intellectual property laws. Misuse of any trademarks or any other content displayed on Design Club App is prohibited. You agree not to use, copy, imitate, or incorporate Design Club’s name, trademarks, service marks, logo or any other distinctive brand feature in a way that could cause confusion among consumers. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works of this software.
  • We will not hesitate to take any legal action against any unauthorised usage of our copyrights and /or trademarks to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.


Intellectual Property Policy: Your Copyrights and Trademarks

Design Club App is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Use by installing, accessing, or using our apps, services, features, software, or website (collectively refer as "Services"). Our Terms of Use do not allow our users to violate someone else's intellectual property rights when using our Services.


Copyright and/or Trademark Infringement

We at Design Club, respect the intellectual property rights of others. To report copyright and/or trademark infringement and request that Design Club remove any infringing content it is hosting (such as a DESIGN CLUB), please email a completed copyright and/or trademark infringement claim to data@whiteflag.co.in (including all of the information listed below). Before you report a claim of copyright and/or trademark infringement, you may want to send a message to the relevant Design Club’s user you believe may be infringing your copyright/trademark. You may be able to resolve the issue without contacting us.


Information to be included in your copyright or trademark infringement claim to Design Club

Please include all of the following information when reporting a copyright or trademark infringement claim to us:

  • Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached;
  • Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached;
  • A description of the content hosted on our Services that you claim infringes your copyright or trademark;
  • Information reasonably sufficient to permit us to locate the material on our Services;
  • A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the complaint is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;  AND
  • Your signature.


USER’S RESPONIBILITIES

You are required to comply with applicable law and have certain obligations with respect to the use of Design Club App. You are also required to cooperate with us and utilize hardware and software that is compatible with the Services.  In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account. In using Design Club App, there is certain code of conduct required to be followed by every user. Further, you agree that you will not -

  • engage in any activity that interferes with or disrupts our Services;
  • act in a deceptive manner by, among other things, impersonating any person;
  • harass or stalk any other person;
  • distribute "spam"; and
  • collect information about others

In any case, Design Club has the right, but not the obligation, to monitor all conduct on and content submitted to Design Club App.

To report any above such activity, please send us an email on data@whiteflag.co.in.


WARRANTIES AND DISCLAIMERS

You understand and accept that:

  • We make no warranties or representations about Design Club App and any content available on Design Club App, including but not limited, to the accuracy, reliability, completeness, appropriateness, timelines or reliability thereof. We will not be subject to liability for the truth, accuracy or completeness of any content on Design Club App or any other information conveyed to any user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a user, you agree that you use Design Club App and any content thereon at your own risk. You are solely responsible for all the content you upload to Design Club App.
  • We do not warrant that Design Club App will operate error free, or that the service and any content thereon are free of computer viruses or similar contamination or destructive features. If your use Design Club App or any content thereon results in the need for servicing or replacing equipment or data, we will not be responsible for those costs.
  • Design Club App and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, we disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for particular purpose.


LIMITATION OF LIABILITY

  • We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with Design Club App and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
  • We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with Design Club App and this Terms of Use. For the purposes of this Terms of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
  • The above exclusions and limitations apply only to the extent permitted by law.


TERMINATION FOR BREACH

  • This Terms of Use begins on the date you first use Design Club App and continues as long as you have an account with us.
  • Design Club App may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if we determine that you have violated any provision of this Terms of Use or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for Design Club App. We may block your email address and Internet protocol address to prevent further registration.
  • In the event of account deletion for any reason, content that you submitted may no longer be available. Design Club App shall not be responsible for the loss of such content.


INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against all third party actions that: (i) arise from your activities on Design Club App; (ii) assert a violation by you of any term of this Terms of Use; or (iii) assert that any content you submitted to Design Club App violates any law or infringes any third party right, including any intellectual property or privacy right.


APPLICABLE LAW AND JURISDICTION:

  • Design Club App is permitted to be accessed from anywhere in India. As different places have differing laws, by accessing Design Club App both you and we agree that the laws of India, for the time being force and as amended from time to time, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of Design Club App.
  • You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts at Mumbai in respect of any dispute arising out of and/or in connection with this Terms of Use.