Terms of Use
These terms and conditions of use (“Terms of Use”) have been drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of website ‘www.roydesignstudiopvt.com’.
(I) About Us
The website ‘www.roydesignstudiopvt.com’ (hereinafter referred to as the “Website”) is developed, owned and operated by Roy Design Studio Private Limited, a private limited company, incorporated and existing under the laws of Republic of India and having its registered office at 26K, Durgaprasanna Paramhansa Road, Naktala, Kolkata – 700047, West Bengal, INDIA (hereinafter referred to as “Company”).
(II) Terms of Use
Your use of the Website and Services (as defined below) is governed by the following terms and conditions as set out in this Terms of Use and as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By using the Website or availing the Services, You indicate Your consent to the Terms of Use. You shall be contracting with Company and these Terms of Use including the incorporated policies, constitute Your binding obligations, with the Company. If You disagree with any part contained the Terms and Use, please do not use the Website.
For the purpose of these Terms of Use, wherever the context so requires "You" “Your” or "User" shall mean any natural or legal person who has agreed to become a user of the Website by accessing, using or registering on the Website through their hand-held device and/or laptop device and/or desktop device. The term "We", "Us", "Our" shall mean Company.
(III) Eligibility to use
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. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website and in such a case, this Terms of Use shall be deemed to be a contract between Your legal guardian or parents and to the extent permissible under law enforceable against You.
You represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations. Company reserves the right to refuse access to use the Services offered through the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
(IV) Registration for Availing Services
You may access and avail the Website and the Services by registering on the Website. You may use the registration to avail Services offered by the Company through the Website. You may also use the Website to provide information required to avail the Services and to update your profile, contact details and any other relevant information provided by You.
You shall ensure that the registration information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services and the App (or any portion thereof).
(V) Services
The Website is developed to facilitate the use of services provided by the Company. The “Services” include without limitation shall allow the User to register their data on the Website in order to avail the Services.
User acknowledges and agree that the form and nature of the Services which the Company provides, may require changes in it, therefore, the Company reserves the right to modify, amend, alter, suspend or discontinue the Website or the Services at any time without prior notice to the User.
(VI) Terms of Service
While availing the Services provided by the Company,
(a)User shall use the Website and its content with reasonable care and diligence and ensure that there is no misuse of the Charging Infrastructure;
(b)User shall ensure that the use of Website does not lead to any damage to the Website;
(c)User agrees to comply with the policies of the Company related to use of the Website;
(d)User hereby acknowledges and agrees that for any enquires or complaints related to the Website, the User will reach out to the Grievance Officer provided by the Company through the Website or any other customer care number provided on the Website.
Users shall further exercise reasonable efforts to report any issue to the Company related the use of Website, including any damage to the Website, any damage or any technical bug in the Website or any other issue faced by the User while availing the Services. Users further acknowledges and agrees that they shall use the Website responsibly.
User acknowledges and agrees that use of Website shall be the sole responsibility of the User and User shall be responsible for all risk to the User while using the Website. The Company shall in no event be liable for any damages or default in the Website irrespective of whether such damage is caused due to User’s use of Website or not.
(VII) Your Conduct
You understand that You, and not the Company, are responsible for all electronic communications and content sent from Your device to Us and you must use the App for lawful purposes only. You must not use the App for any of the following:
(a)in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
(b)for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
(c)to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm);
(d)to cause annoyance, inconvenience or needless anxiety;
(e)to try to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(f)to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website;
(g)to 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;
(h)to refer 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 these Terms of Use;
(i)To 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;
(j)to 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; and
(k)to 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 term Roy Design Studio(s).
Company reserves the right to terminate your access to the Website if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.
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 do 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, if applicable.
(VIII)Third Party Services
You acknowledge that certain third-party services (“Third Party Services”) are available on the Website. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to You. However, You acknowledge and agree that at no time are We making any representation or warranty regarding any Third Party Services nor will We be liable to You or any third party for any consequences or claims arising from or in connection with such Third Party Services including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by You or any third party. Such Third Party Services shall be governed by the terms of use of the applicable third party service provider. You hereby disclaim and waive any rights and claims You may have against Us with respect to Third Party Services.
Company accepts no responsibility for advertisements contained within the Website. Company has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Website exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Company does not provide any endorsement or recommendation of any third party website or mobile application to which the Website provides a link.
(IX) Privacy and Information Protection
All information shared by You through the Website, or in connection with the Services, including information required to create the Account shall be used by Us in accordance with Our Privacy Policy. Please review Our Privacy Policy available at www.roydesignstudiopvt.com/privacypolicy to understand our internal policies and practices with respect to Your Information. The personal information / data provided to Us by You during the course of usage of the Website or the Services will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used, please do not use the Website and the Services.
(X) User Generated Content
You shall be responsible for any comments, notes, messages, emails to the Company, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted by You on the Website (collectively, "User Content"). You hereby agree to grant Us worldwide, perpetual and transferable rights in such User Content. We shall be entitled, in accordance with Our Privacy Policy, to use the User 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 User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.
(XI) Monitoring of the Website and the Information
Company has the right and liberty to monitor the content of the Website at all times which shall include information provided by You. The monitoring of the Website is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use, Company shall also have the liberty to remove any objectionable content, which is in contravention of the Terms of Use or share such information with any governmental authority as per procedures laid down by the law for the time being in force in the Republic of India.
(XII) Disclaimer of Warranties and Liabilities
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services or the Website. While we have taken precautions to avoid inaccuracies or deficiency in the Services or the Website, the Services are being provided on an ‘as is’ basis without any warranty whether express or implied.
(XIII) Indemnity and Release
You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party, including any intellectual property rights. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms of Use.
(X1V) Communications
When You use the Website, You are communicating with Us electronically. We may communicate with You by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, You hereby expressly consent to receive communications including SMS, e-mail or phone calls from Us.
(XV) Losses
We will not be liable to You or any third party for any indirect, incidental, special or consequential (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) losses in connection with the Website or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and hold harmless the Company of action arising out of Your use of the Website.
(XVI) Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to the Website, Services, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that You use the Website, unless any change to those policies or these conditions is required to be made by law or government authority.
(XVII) Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.
(XVIII) Severability
If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
(XIX) Waiver
If You breach this Terms of Use and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms of Use.
(XX) Governing Law and Jurisdiction
This Terms of Use are governed by and construed in accordance with the laws of Republic of India. In case of any dispute arising out of or in connection with the use of the Website or the Services, You agree, as We do, to submit to the exclusive jurisdiction of the courts at Kolkata, West Bengal, INDIA.
(XXI) Grievances
Users have complete authority to file a complaint/ share feedback if they are disappointed by content of the Website or any Service offered on the Website. They can give their complaint/ feedback in writing or by way of an email to the customer support as mentioned below:
Name: Mr Sanjib Samaddar
Email ID: rdsprojects01@gmail.com