Welcome to Asher Spaces.

These Terms & Conditions (“Terms”) of use of our website  www.asherspaces.com (“Website”), our application (“Application”) or any of our services in connection with the Application and/or Website (“Services”) are between Asher Spaces (“Firm/We/Us/Our”) and its users (“User/You/Your”).

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read the Terms and the privacy policy of the Firm (“Privacy Policy”) with respect to registration with us, the use of the Application, Website, Services carefully before using the Application, Website, or Services. In the event of any discrepancy between the Terms and any other policies with respect to the Application, Website or Services, the provisions of the Terms shall prevail.

Your use/access/browsing of the Application or Website or the Services or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

If You do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services.

1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script, and audio, contained in the Application, Website, Services are proprietary property of the Firm (“Proprietary Information”).  No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from the Firm and nothing on this Application or Website or Services shall be or deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Firm, to the User. You may own the medium on which the information, content, or materials resides, but the Firm shall at all times retain full and complete title to the information, content or materials, and all intellectual property rights inserted by the Firm on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from the said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks, and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
2. Your use of our designs, Website, Application, and Services is solely for Your personal and/or strictly professional use (which shall not include any commercial exploitation), as the case may be. Any use of the designs, Application, Website, or Services other than for personal and/or professional purposes is prohibited. Your personal and/or professional use of this Application, Website, our Services shall be subjected to the following restrictions:

• You may not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website and/or Services or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or our Website and/or Services.
• You will not (a) advertise or sell the Application or any Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (b) use the Application, Website and/or Services in any unlawful way, or harms the Firm or any other person or entity as determined by the Firm.
• No User shall be permitted to perform any of the following prohibited activities while availing our Services:
• Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Stalking, intimidating and/or harassing another and/or inciting others to commit violence;
• Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice;
• Interfering with any other person’s use or enjoyment of the Application/Website/Services;

1. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

• Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship unless You own or control the rights thereto or have received all necessary consents for such use of the content;

1. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

1. Post, transmit, or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or such other programs that may harm the Application/services, interests, or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

1. Access or use the designs/Application/Website/Services in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;

1. Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Application/Website/Services, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services, or engage in any activity prohibited by these Terms;

1. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Application/Website/Services or any affiliated or linked sites;

1. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services;

1. Use deep-links, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services, to access, acquire, copy or monitor any portion of the Application /Website/Services, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services;

1. Alter or modify any part of the Services;

1. Use the Services for purposes that are not permitted by (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

1. Violate any of the terms specified under the Terms for the use of the Application /Website/Services.

3. By submitting details including but not limited to floor plans on the Website “Material”), you grant us the right to use and publish the Material. If you delete your user account your Material and name may remain available through the Services.

4. In the preparation of the Application/Website/Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Firm disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error-free and user-friendly. The Firm also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Firm nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on Application/Website/Services/ for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5. Our Website provides Users with access to compiled information and related sources. Such information is provided on an As-Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third-party sources, or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Firm’s prior written consent.

6. Certain contents in the Application/Services/Website/ (in particular relating to assistance in preparations for administrative services) may contain opinions and views. The Firm shall not be responsible for such opinions or any claims resulting from them. Further, the Firm makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

7. Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Firm accepts no responsibility or liability for any material communicated by third parties in this way. The Firm reserves the right at its sole discretion to remove, review, edit, or delete any content.

8. The Firm may based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about its services as well as notifications on various important updates and/or to seek permission for demonstration of its services. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail irrespective of whether the User has registered his/her number on the Do Not Call (DNC) registry and holds the Firm indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, You agree to make your contact details available to Our employees, associates, and partners so that You may be contacted for information and promotions through telephone, SMS, email, etc.

9. While the Firm may, based on the User’s confirmation, conduct and facilitate an on-site visit, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the Services and that User has relied solely on the investigations, examinations, and inspections as the User has chosen to make and that the Firm has afforded the User the opportunity for full and complete investigations, examinations and inspections.

10. Upon registration through any means whatsoever, the Firm may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Firm to contact him/her utilizing the Services, through the above-mentioned means at any time post registration with Us. Further, the Firm shall have the right to monitor the download and usage of the Application and the contents thereof by the User, to analyse such usage, and discuss the same with the User to enable effective and efficient usage of the Services.

11. The Firm reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/ Services or registrations do not automatically entitle the User to any and all elements of Services provided by the Firm and the Firm shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw, or modify any of Our Services at Our discretion.

12. The Firm’s Services, including the designs as well as the Application and Website are compatible only with Mobiles/Laptops/Tablets/Instruments/Hardware suggested by the Firm if required and no other instrument. The Firm shall not be obligated to provide workable services for any instruments that are not recognized by the Firm or those instruments which are not compatible with the Firm’s Services.

13. The Firm shall have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our Services.
14. In order to access the Services and to avail the use of the Website/Application/ Services, You shall be required to register yourself with the Website/Application/Services/, and maintain an account with the Website/Application/Services. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-

• It is Your sole responsibility to ensure that the account information provided by You is accurate, complete, and latest.
• You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session, and (b) immediately notify the Firm of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Firm, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
• You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Firm cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Firm shall not be liable to You for any damages arising from Your inability to log in to Your account and access the services of the Application at any time.

15. You shall pay all agreed charges as per agreed timelines (Communicated via email or website or application) and in the event, you do not do so, the Firm shall withhold the designs and all Services until the amount is remitted. You understand and acknowledge that the Firm has a strict ‘no refunds’ policy.

16. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our Services. Persons who are minors, un-discharged insolvents, etc. are not eligible to register for Our Services. As a minor, if You wish to use Our Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Firm will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our or Services that may occur by virtue of any person including a minor registering for the Services/ provided. By using the Application or Services You warrant that all the data provided by You is accurate and complete and that the user using the Application has obtained the consent of a parent/legal guardian (in case of minors). The Firm reserves the right to terminate Your subscription and/or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the  Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Firm does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.

17. You agree to defend, indemnify and hold harmless the Firm, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Firm; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

18. In no event shall the Firm, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

19. In the event of Your breach of these Terms, You agree that the Firm will be irreparably harmed and may not have an adequate remedy in money or damages. The Firm, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Firm’s right to obtain such relief shall not limit its right to obtain other remedies.

20. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Firm can avail. In such instances, the Firm may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

21. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore and You hereby accede to and accept the jurisdiction of such courts.

22. The Firm has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Website, Application, or the Services as it deems fit at any time without notice. Further, the Firm has the right to amend these Terms from time to time without prior notice to you. The Firm makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Firm shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Application/Services. All prices are subject to change without notice.

23. DISCLAIMER: THIS WEBSITE, THE APPLICATION, AND THE SERVICES INCLUDING BUT NOT LIMITED TO THE DESIGNS ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE Firm HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/ AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY, AND NON-INFRINGEMENT. ADDITIONALLY, THE Firm SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/ IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

As a convenience and free service, the Firm on request from the User can suggest design implementation contractors. It is expressly clarified that such contractors are merely suggestive in nature and are not on the rolls of the Firm nor is there any monetary transaction between the contractors and the Firm, and the Firm is not liable for any acts or omissions of these contractors or for defaults in implementation. The User shall avail any services from these contractors at their own risk. Further, all electrical, plumbing, ducting, points shall be carefully approved by the User.

The Firm cannot be held liable for delays due to reasons beyond the control of the Firm (including but not limited to pandemics, acts of God, government orders, etc.);

The Firm provides virtual designs and the end result might vary slightly in terms of colour schemes, finishes, measurements, etc. Designs provided by the Firm are based on the floor plans, dimensions, and other specifications provided by the User as there is no physical inspection by the Firm, therefore, Firm is not liable for any inaccuracy by the User. Further, the Firm cannot be held responsible for any changes to these designs carried out by the User without consulting the Firm;

Upon request from the User, the Firm can arrange for a physical site measurement using third-party vendors. Once approved by the clients the third-party drawings and measurements are considered to be true/correct and the same shall be used for creating the designs. The correctness of the measurements and designs shall be approved by the User.

The layout, designs, materials, colours, brands, etc. are all suggestive in nature. Acceptance the same is at the User’s sole discretion

The Services will be provided as per the requirements document and in accordance with the package opted by the User. A maximum of 5 (five) amendment requests to the design will be provided according to the selected package and terms. By merely subscribing to a package the User is not entitled to unlimited design amendments.

The Firm is merely into the business of designing as explained on the Website/Applicable. It does not take any execution responsibilities or coordination with vendors.

Upon the completion of work and with the permission of the User, the Firm can take videos and photos of the work and post it on their online or offline platforms.

24. General Provisions:

• Notice: All notices served by the Firm shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Firm should be sent to info@asherspaces.com

• Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Firm and You with respect to Your access to or use of the Application, Website, and the Services thereof.

• Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Firm’s rights under the Terms are freely transferable by the Firm to any third parties without the requirement of seeking Your consent.

• Severability: If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

• Waiver: Any failure by the Firm to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Firm of that provision or right.

• Relationship: You acknowledge that Your participation in the Application does not make You an employee or agency or partnership or joint venture or franchise of the Firm.

• The Firm provides these Terms so that You are aware of the terms that apply to your use of the Designs/Website/Application and Services. You acknowledge that the Firm has given You a reasonable opportunity to review these Terms and that You have agreed to them.

25. Feedback:

• Any feedback You provide with respect to the Web Application/Interior Designs shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Firm is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Firm for the feedback under any circumstances unless specified.

• Under no circumstances shall the Firm be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.

26. Customer Care:

We make the best endeavour to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at:

Asher Spaces,

Phone: +91-87460-12356, Email: info@asherspaces.com

No.121/24, 3rd Floor, 7th B Main Road, 30th Cross Rd, 4th Block,

Jayanagar, Bengaluru, Karnataka 560011

Asher Spaces. All rights reserved.