Terms and Conditions
The Terms and Conditions (“Terms”) shall govern the access or use by any entity (“You” or “Your”) of the applications, websites, contents or any other services (“Services”) made available by Livspace. Livspace is a brand name owned by Home Interior Designs E-Commerce Pvt. Ltd., having its registered office at 3rd Floor, Aurbis Business Park, Outer Ring Road, Bellandur, Bengaluru – 560 103 (“Livspace”) (which expression shall, unless repugnant to the context or meaning thereof, shall also include its successors and permitted assigns). It is strongly advised that you read these Terms carefully before accessing our Services on any of our platforms. Your access or use of our Services constitutes a valid acceptance to these Terms laid down hereunder and thereby forms a binding contractual relationship between You and Livspace. Thus, Livspace strongly advise and urges you to refrain from accessing or using any of our Services in case, You do not agree to any of the Terms.
There might be additional or supplemental terms applicable to certain class of Services or users such as policies for particular event, service, activity or occurring, and such additional or supplemental terms shall form integral part of this Terms for the purposes of the Services, as applicable, offered to You. The additional or supplemental Terms shall be duly disclosed to You, in case such Services are availed, on which the Terms may apply.
Livspace may restrict Your access or use to any or all of its Services, at any time, without assigning any reasons for the same, at its own sole discretion in case Livspace reasonably believes or suspects that You have or are likely to breach the Terms or You do not qualify under applicable laws or applicable standards as per these Terms or any of our Policies of Livspace or its affiliates. Livspace may also refuse or restrict Your access or use to any or all of its Services if it believes that Your access or use in any way, may bring disrepute to Livspace or any of its affiliates.
Without limiting its right, reserves the exclusive right to refuse, restrain, deactivate, delete Your access or use to any of its Services in part or whole, with or without reason, and at its sole discretion. You may also terminate this agreement at any time without any notice by not accessing or using any of our Services.
Amendments to the Terms or Policy
Livspace reserves the sole and exclusive right to amend any part of these Terms along with any Policy as applicable at any time, and may intimate You about such amendments to the Terms or any Policy by updating the time of amendment on the platform wherein these Terms and Policies are published. However, Your continued access or use of any of our Services would amount to your consent to bound by these Terms mentioned herein. It is strongly advised that You at all times keep checking for such amendments or any modifications in the Terms or Policies and in case You do not agree with any amendments or modifications made in the Terms or Policies, You must immediately stop using or accessing any or all of our Services, in whole or in part. Livspace shall not be liable for any damages or losses caused to You due to not having the knowledge of any amendments or modifications to the Terms or any Policies.
Livspace may provide various Services to You under this agreement including but, not limited to access to technology platforms such as websites or mobile applications (“Applications”), access to a market place to third party service providers in agreement with Livspace, to provide or offer various home managed or related services on the Applications to various consumers and to receive and facilitate payment against such services offered to consumers, or to facilitate settlement of defects or disputes raised by any consumers, if applicable. Subject to these Terms and other applicable Policies, Livspace shall only be liable or responsible for the Services it makes available to you in way of the Applications or content contained therein but, accepts or shall not accept any liability on behalf of the third party service providers listed on our Applications, providing various services to consumers. The third party service providers shall be solely responsible and liable for the service offerings made available to any consumers. However, the Services are made available solely for Your own personal and non-commercial use, unless specifically agreed otherwise, by Livspace. Livspace grants you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use or access any or all of its Services, in whole or in part to access and use any or all of the Services on Your personal device. Livspace shall not be liable for any damages or losses caused to any entity due to the unauthorized access or use of any of the Services. Livspace reserves all the rights related to its Services which are specifically not assigned herein or any other agreement in force at the time.
You shall not engage in infringement or removal of our Intellectual Property Rights including but, not limited to copyright, trademarks, patents, trade-secret from any of the Applications, Services or content published therein. You shall not engage in infringing any of our Intellectual proprietary rights by creating derivative works, reverse engineering, changing source codes, or translating codes into reading formats or to distribute, sell, lease, assign, resell, transfer, bequeath, publicly display, stream, transmit, perform, broadcast or otherwise in order to exploit the Services unless specifically agreed to, by Livspace. Any unauthorized access or use shall be restricted to the Services and shall be responsible or liable for any damages or losses caused to any of our Intellectual proprietary rights, in any manner, due to such unauthorized access or use.
You agree and acknowledge that the Services, in part or in whole, may be made available to You by any other affiliate or brand name associated with Livspace or any of the third parties registered on the market place to offer service offerings to the consumers. However, Livspace shall only be responsible and liable towards its Services and shall not be held responsible for any of the services provided by third party service providers to various consumers, who availed such services from the market place maintained by Livspace. The Services may be made available through any third party services, content or advertising that Livspace have no control upon. It is stated that it may be possible that such services provided by third parties listed on the platform are governed by different Terms and Policies as applicable to them and Livspace shall bear no responsibility or liability upon or of such services offered by third parties.
Livspace reserves the exclusive rights and ownership regarding all of the Services and the rights present therein the Services and these Terms or Your access or use of our Services shall grant you any right except what is specifically granted to you vide these Terms or to use or exploit any of our Intellectual Property rights including our brand name, trade name, logos, trademarks, copyright, patents etc.
Use of the Services
In order to use or access our Services on any of our platforms, You may be required to create a user account (“Account”) which is only permitted for adults and individuals below the age of 18 years shall not be allowed to open a service account for availing our Services. You agree and acknowledge that Livspace requires You to provide certain personal information such as name, gender, age, phone number, email, address etc. Any failure in providing correct information, updating the information or expired or invalid payment method, handling more than one user account for one individual may result in suspension or restriction on using or accessing any of our Services, in whole or in part.
You represent and warrant that any individual below the age of 18 years shall not be given access or use to any or all of our Services either in part or in whole, directly or indirectly. Any claims, issues, disputes arising out of any such unauthorized access shall not make Livspace responsible in any manner. Livspace reiterates that the access or use of any of the Services offered are for individual above the age of 18 years and, in case any child accesses or uses any of our Services it shall mandatorily be done in total parental guidance. You also represent and warrant that the access and use of the Services are only for the legal means and purposes and that any engagement in any kind of illegal or not permitted activities shall immediately result in deletion or suspension of Your use or access to any of our Services. Livspace may require certain personal information in order to get Your user account registered on our Platform for better and effective use of the same, in doing so, it may also require relevant governmental issued identity proofs to ascertain such identities provided at the time of registering one’s user account. In case any of the governmental identities are not aligned with the details provided for any refusal in providing such governmental identities may result in suspension or deletion of Your user account on our platform either temporarily or permanently. You agree and hereby acknowledge that whilst accessing or using our Services, You shall not be rude, cause inconvenience, nuisance or damage any property including reputation of any of our employee, agents or third party service provides duly registered with us to provide such services. Livspace shall not be responsible or liable for any such claims or disputes raised by any third party service providers but, reserves its every right in law or in equity to take actions against you in case such activities are committed against our employee.
Livspace does not and prohibits any discrimination based on race, religion, creed, class, ethnicity, nationality, sex, gender, sexual orientation, colour, disability, religion, faith, marital status etc; that may be barred under applicable laws. In case it is found that You have discriminated against any of our employee or any third party service providers based on any of these identities or characteristics such as refusing service offerings from them or to make such comments the, Livspace may at its sole discretion can suspend, terminate Your user account and if applicable, may also proceed for legal sanctions. However, the discrimination policies shall largely depend upon the applicable laws of the jurisdiction we currently operate under and in some countries, such preferences may be allotted to a certain class of individuals.
You agree and hereby acknowledge that Your access or use of the Services may result in You receiving text messages containing information regarding our applicable offers and discounts to your phone number. In case you require Livspace to stop sending such messages, You may ask us to remove from message receiving consumers but, the same may affect Your use or access to any or all of our Services.
Livspace may require You to provide certain information, feedbacks, comments or other things regarding Services or the service offerings made available to You by third party service providers in way of text, audio or video. You hereby agree and acknowledge that Your continued access or use of our Services grants us an irrevocable, perpetual, transferable, royalty-free license to copy, modify, create any derivate works and to distribute, make copies, make publicly available in any manner the user content that may be necessary as per the Livspace’s sole discretion, without giving You any further notice and taking Your consent for the same.
You represent and warrant that the content uploaded or made available on the platform does not infringe any party’s intellectual proprietary rights including but not limited to copyright, trademarks, brand-names, logos etc. Any claim or dispute arising out of any user content that may infringe someone’s or some entity’s intellectual proprietary rights then, You shall be solely responsible and liable for uploading such content on our platform. You also represent and warrant that any content that may be defamatory, disparaging, rude, vulgar, obscene, pornographic, encroaches one’s privacy shall not be uploaded or made available on our platform or in connection with our Services. Livspace bears no responsibility or liability for any such acts committed by any of its users and it may facilitate the deletion or removal of such contents from or website but, does not take any responsibility to review and monitor each and every content uploaded on any of the Applications. Any claims, actions, disputes arising out of such content shall not make Livspace liable or responsible for such acts and Livspace shall take every reasonable and best endeavors to provide the details of such users uploading content to take necessary actions to investigating agencies, if applicable. Livspace may also suspend or remove or delete the user account or block the access or use of any of its Services upon material breach in these Terms including uploading any such content that may be illegal or bring disrepute to the brand name Livspace and all of its affiliates.
You agree and acknowledge that use or access to any or all of our Services may result in certain fee to You in consideration to the Services provided. It is agreed that certain fee may be payable by You to Livspace at the time of booking or upon completion of the services provided by third party service providers, if applicable. However, You also agree and acknowledge to pay to Livspace for the services received by any third party service providers vailed or booked through the market place provided by Livspace by way of its Services. Any payable amount against third party service provider shall create a charge upon You to pay for the services availed along with the fee being charged for the Services provided by Livspace.
All such charges and fees shall be inclusive of all applicable taxes and duties and the same shall be final, non-refundable unless otherwise agreed by Livspace or required under applicable relevant laws. Livspace shall consider all requests made by You or third party service providers for reconsideration of charges, if applicable.
All payment or charges shall become due and payable at the time of booking any services on our platform and such payment shall be facilitated by Livspace from Your first preferred payment method but, in case the first preferred payment method is not working, after sending an email regarding the same, Livspace may proceed to appropriate or use the monies present in Your secondary payment method, if available with Livspace. Livspace shall issue a receipt for every payment made by users to Livspace for the Services or on behalf of third party service providers.
Livspace reserves the sole and exclusive rights to revise, remove, modify any or all of the fees for the use of its Services at any time on the Applications. You agree and acknowledge that any charge or fee regarding Services or any third party service offerings listed on the Applications may vary from time to time based on various factors such as demands, availability, time, exclusivity, professional standards etc. and the same shall not make Livspace liable or responsible for offering Services or any other services of similar kind at different prices.
Livspace shall not appropriates any part of Your payment, either in whole or in part, to the third party service providers for offering such services to You in form of tips or gratuity. However, You may be able to do so through our Applications for the services provided to you by any third party service providers after completion of such services at your own volition and the same, shall not be mandated at any point by Livspace. You shall be responsible for paying for the charge or fee as applicable, respectively, to the services availed by the third party service providers and for the Services offered by Livspace and the same cannot be cancelled without charging of any cancellation fee.
Livspace also reserves the right to make available certain subscription offers, discounts, promotion to any class of users at its own discretion or upon in exchange for a consideration wherein the users shall be given a premium subscription of the user account bearing such benefits. You agree and acknowledges that there may be various instances of the same services being sold or offered at various users for the reasons mentioned hereinabove and the same shall not create an exclusive right upon every user to claim such rebates as may be applicable unless specifically provided for by Livspace in any manner as suggested hereinabove.
You acknowledge and undertake that you are accessing the services on Livspace platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through any of the platforms. Livspace expressly disclaims 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 listed or displayed or transacted or the content (including pricing information and/or specifications) on any of the Livspace platforms. While Livspace have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of services), software, and related graphics are provided as is, without warranty of any kind, and Livspace accepts no liability for any errors or omissions, whether on behalf of itself or third party service providers or vendor/partners. Livspace do not implicitly or explicitly support or endorse the sale or purchase of any services on the platform. At no time shall Livspace have any obligations or liabilities in respect of any transactions on any of the platform.
As stated in clause titled as “Services” herein, for all services as provided via Livspace’s websites/ applications, you shall enjoy any warranties (as applicable) on such services as provided by the original service providers or vendors/ partners (as the case may be) through Livspace, during the Warranty Period.
While Livspace shall endeavour to ensure that the original, third party service providers or vendor/partners warrants for the services and as such, all related requisite details and documents in relation to warranty/ guaranty are provided to you upon completion of any work/ project, Livspace shall neither be liable nor responsible for any actions or inactions of third party service providers or vendor/partners nor any breach of conditions, representations or warranties by the third party service providers or vendor/partners and hereby expressly disclaim and any all responsibility and liability in that regard. Further, Livspace shall not mediate or resolve any dispute or disagreement between you and the third party service providers or vendor/partners.
You understand that in all cases the original, third party service providers or vendors/ partners may determine whether you are eligible for any additional services or not depending on the terms and conditions (T&Cs) of such warranties provided by the respective original, third party service providers or vendors/partners, and Livspace shall have no responsibility or liability to you or any other person for any aspect of services, including but not limited to any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence, or for cost of recovery, recoupment of any investment made by you or your affiliates, or for any loss of profit, revenue, business, or data or punitive or consequential damages.
Livspace warrants that the company is an E-Commerce Entity in consonance with the Consumer Protection (E-Commerce) Rules, 2020 and therefore, the Company’s obligation is only limited to acting as a ‘facilitator’ between you and such original, third party service providers or vendors/ partners. You acknowledge that Livspace shall not provide any warranties/ guarantees of any nature whatsoever in its own capacity for any services to be provided/ provided by such original, third party service providers or vendors.
Livspace shall not be liable for any damages, liability or losses arising out of: (i) any transaction/ agreement (oral or otherwise); or (ii) due to relationship between you and any third party service providers or vendors/ partners, in spite of Livspace been advised of the possibility of such damages. Without limiting the disclaimer of warranties and limitation of liability, unless otherwise required by applicable law, in no event shall Livspace’s total liability to you in connection with any services for all damages, losses and causes of action exceed Rs. 10,000/- [Rupees Ten Thousand only].
Note: Except as required of Livspace under the aforementioned, the services are provided "as is" and “as available.” Livspace disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of fitness and non-infringement; and makes no representation that the services, and/or any services requested in connection therewith remains solely with you, to the maximum extent permitted under applicable law, including the relevant consumer law legislation. Furthermore, Limitation subject to the statues of India with respect to Consumer Protection, limitations and content as above mentioned in this section part do not purport to limit liability or alter your rights as a “consumer” that cannot be excluded under applicable law, including the relevant consumer law legislation.
Livspace disclaims that the Services or any other services listed on the platform shall be made available to the user on “as is” and “as available” basis and also all representations, warranties, either express or implied, not expressly stated under these Terms including the representations, warranties, guarantees regarding the quality, standards, timelines, reliability, fitness, merchantability of the Services or any other services availed using such Services. Livspace shall also not represents or warrants that the use or accessing any of its Services shall always be interruption free, error free at all times and shall also warrants and represents that it shall not be liable or responsible for any defects or disputes arising out of the services provided by various third party service providers.
LIMITATION OF LIABILITY
LIVSPACE SHALL NOT BE LIABLE FOR ANY INCDENTAL, ANCILIARY, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES INCLDING LOSS OF PROFITS, LOST DATA, DAMAGE TO ANY PROPERTY RELATING TO OR IN CONNECTION WITH THE USE OF SERVICES PROVIDED BY LIVSPACE TO ANY USERS. LIVSPACESHALL HAVE NO RESPONSIBILITY OR LIAILITY TOWARDS ANY OF THE SERVICES AS AVAILED BY THIRD PARTY SERVICE PROVIDERS LISTED ON THE APPLICAIONS. LIVSPACE’S SOLE AND EXCLUSIVE LIABILITY SHALL ONLY ARISE IN CASES WHEREIN THE DEFECTS, DISPUTES OR CLAIMS AS RAISED BY USERS TILL THE EXTENT THE SAME ARE REASONABLY UNDER CONTROL OF LIVSPACE. LIVSPACE SHALL MAINTAIN A DATABASE IN WHICH ALL OF THE CONSUMERS DEFECTS, DISPUTES AND CLAIMS SHALL BE TRACKED AND IN CASE THERE IS ANY INORDINATE DELAYS IN REDRESSING THE ISSUES OR SETTLING SUCH CLAIMS BY THE THIRD PARTY SERVICE PROVIDERS, LIVSPACE RESERVES THE SOLE AND EXCLUSIVE RIGHT TO REFRAIN OR REFUSE USE OR ACCESS TO ALL R ANY OF ITS SERVICES TO EITHER USERS OR THIRD PARTY SERVICE PROVIDERS, AS APPLICABLE.
You agree and hereby acknowledge that, You shall indemnify and hold Livspace and its affiliates, directors, officers, employees, agents harmless against any or all claims, demands, losses, liabilities and expenses arising out of or in connection with the services provided on the platform by such third party service providers or Your use of any or all of our Services or in case You breach or violate any of these Terms. The liability shall only delve to Livspace in case such losses or damages caused directly or indirectly by the actions or inactions of Livspace or any of its affiliates.
Livspace may disclose any or all of such personal information to third party for any reasons whatsoever and Your continued access or use of our Services shall mean an express consent for processing such personal data. Livspace may provide such other agencies including any banking companies, insurance companies or law enforcement agencies, access to Your personal information in case any claims or disputes are raised or as required.
Governing law and Dispute Resolution
Any kind of disputes, claims or controversy in connection with or in relation to the Services as provided by Livspace or services provided by any third parties on the Applications or interpretation, validity of any part or in whole of the Terms, construction or enforceability of Terms (“Dispute”). Livspace also maintains complaints redressal mechanism to resolve or to facilitate to resolve such Disputes subject the user shall report any defect or deformities in Services or services provided by third party service providers. Within 48 hours of its first occurring or coming to knowledge. Any delay in the timeframe as stipulated by Livspace, shall not bring any responsibility or liability upon Livspace, to resolve or to facilitate to resolve any of such disputes. However, the users shall have all the rights in law or in equity to redress any disputes against Livspace or otherwise. In case any claims or disputes arises, the same shall be resolved amicably by both of the parties. However, the parties are at liberty to take recourse to legal procedures or any alternate dispute resolution including but, not limited to Arbitration and Mediation. The Terms shall be governed by the applicable laws of India at all times.
In case there are complaints or any grievances related to or in connection with these Terms, Services or services provided by third party service providers, users may contact these personnel as appointed by Livspace to redress such claims or grievances.
For intellectual property claims:
Name of the personnel: Chandan Kulkarni
Email Id: firstname.lastname@example.org
For consumer complaints or disputes regarding consumer protection claims:
Name of the personnel: Chandan Kulkarni
Email Id: email@example.com
Address: 3rd Floor, Aurbis Business Park, Outer Ring Road, Bellandur, Bengaluru – 560 103
Timings: 10 am to 7 pm
Livspace may issue notices relating to or in connection with the Services or Terms or services provided by third parties at your registered email address and mailing address as shared with us whilst creating user account and You can also share any notices or written communication to us on our email id: firstname.lastname@example.org or at our mailing address: 3rd Floor, Aurbis Business Park, Outer Ring Road, Bellandur, Bengaluru – 560 103.