Privacy Policy
IONS Design & Interiors Pvt Ltd takes your privacy very seriously. This privacy policy (“Privacy Policy”) is intended to inform you about the information that is collected from you when you visit website and applications owned and operated by IONS Design & Interiors Pvt Ltd (the “Platform”); how this information may be used and disclosed; and how your information is protected.
Acceptance of terms:
PLEASE READ THE PRIVACY POLICY THOROUGHLY AND CAREFULLY. The terms and conditions set forth below through the Privacy Policy constitute a legally binding agreement between IONS Design & Interiors Pvt Ltd and you. This policy contains provisions that define your limits, legal rights and obligations with respect to your use of and participation on the Platform, including the classified advertisements, forums, various email functions and Internet links, and all content and IONS Design & Interiors Pvt Ltd services available on the Platform. The Privacy Policy is applicable to all users of the Platform, including users who have access and/or register on the Platform, and users who are also contributors of content, information, private and public messages, advertisements, and other materials or services on the Platform.
What is covered in this Policy?
This Policy covers how IONS Design & Interiors Pvt Ltd treats personal information that IONS Design & Interiors Pvt Ltd collects and receives, including information related to your past use of the Website products and services.
When you register for our service, we would require your personal information that is personally identifiable like your name, address, email address, or phone number, and other information that is not otherwise publicly available and is essentially required for registering and receiving services from us.
IONS Design & Interiors Pvt Ltd is not responsible for any acts, deeds or things done or committed by any person not being directly employed by IONS Design & Interiors Pvt Ltd. In addition, certain IONS Design & Interiors Pvt Ltd associated/partner companies have their own privacy statements which can be viewed by clicking on their respective links.
Privacy – Our Commitment
At IONS Design & Interiors Pvt Ltd, we are extremely committed to protect your privacy. We would like you to feel confident about us, use our services freely and recommend our services to your friends and family.
We guarantee that we will not rent and sell your personal information to third parties (except as stated in this Policy) without your consent. In the day-to-day operations, we will provide your information to our partners who will assist in providing our services. Your comfort, trust and confidence are of paramount importance to us.
Who collects the information?
We collect personal information about you as part of the registration process, which is voluntary. Other means of collecting personal information is through some contests, online events, surveys etc.
IONS Design & Interiors Pvt Ltd understands the importance of protecting children’s privacy, especially in an online environment. Our sites are not intentionally designed for or directed at children 18 years of age or younger. It is our policy never to knowingly collect or maintain information about anyone under the age of 18.
Information Usage
We use your personal information to allow it to process your registration, to process any orders that you may make for any products or services displayed on the Website, provide you with improved services, contact you when it is needed by telephone, facsimile and e-mail, and to advise you of products and services which may be of interest to you, inviting you to be a participant or a respondent to an online event that is hosted on www.ionsinteriors.com Further, the relevant information is used by IONS Design & Interiors Pvt Ltd to (i) provide you with statements of your account; (ii) to communicate with you on any matter relating to the conduct of your account; and (iii) to communicate the details of any orders / processing of any orders placed by you relating to products displayed on the Website.
IONS Design & Interiors Pvt Ltd may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the Website, our products and services and may provide such Aggregate information to third parties on an aggregate basis. These statistics will not include information that can be used to identify any individual customer.
IONS Design & Interiors Pvt Ltd may organize contests and surveys and the information collected during these events may be used by IONS Design & Interiors Pvt Ltd to improve your overall customer experience. The information will only be shared with third parties on an aggregate basis.
[For the purposes of this Policy, “Aggregate information” shall mean and include information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user. Such information does not identify you individually.]
Personal data collected by the Website may be transferred to other sites of IONS Design & Interiors Pvt Ltd where it is necessary to meet the purpose for which you have submitted the information. By submitting data on this Website, you are providing explicit consent to transmission of data collected on the Website.
We use anonymous information like traffic and other data to provide us with information to recognize the access privileges to our Site, track your participation in any of the events, providing you with better content and advertisements, help diagnose the problems with our Site and for the purposes detailed in the Policy.
Information Sharing and Disclosures
Profile Information
We do not rent, sell or share your personal information to third parties –
v Unless we have permission from you,
v Unless we must provide products and services that are requested by you,
v Unless we must help investigate, prevent or act regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person or organization or property or asset or rights of the Website from unauthorized use or misuse of the Website, violations hcinterior.in terms and conditions or to defend against legal claims/proceedings
v Unless upon occurrence of special circumstances detailed hereunder –
v to respond to subpoenas, court orders, judicial proceedings, or other legal processes.
v to enforce the terms of the Website User Terms and Conditions or the terms of this Policy.
v to respond to claims that any photo, text, or other material violates the rights of third parties; or
v to protect the rights, property, or personal safety of HC Interior its users, or the general public.
We provide certain required personal and contact information to our subsidiaries, affiliated companies or other trusted business partners for the purpose of providing the required service on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
If IONS Design & Interiors Pvt Ltd becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will inform you through e-mail before personal information is transferred and that may become subject to a different privacy policy.
INTERIOR DESIGN AND DECORATION
Rates:
PAYMENTS
20% of Project Value at the time of conformation/LOI. Rest will be as per Quotation.
THE SERVICES
a. The quality, quantity and description of the Services are as stated in the Quotation submitted to Client.
b. The Designer shall perform and complete the Services in accordance with the Design Contract.
c. If the Designer performed any services for the Client prior to the operative date of the Design Contract, those services shall be incorporated in the Services and are governed by the terms of the Design Contract.
PAYMENT FOR THE SERVICES
a. The Client shall pay the Designer the Fee in consideration of the performance of the Services in accordance with the Design Contract/Quotation.
b. The Designer shall be entitled to payment for the disbursements set out in the Schedule 1 at cost and such other disbursements as are approved by the Client (such approval not to be unreasonably withheld or delayed).
c. The Designer shall claim payment of the Fee and/or disbursements by rendering invoices to the Client. Each invoice shall be given in writing and shall:
i. set out the amount of the Fee claimed;
ii. separately identify each disbursement claimed; and
iii. separately identify any other claim for payment under the Design Contract/Quotation.
d. The Client shall pay the full amount of all invoices within seven (7) Business Days of receipt.
e. If any payment by the Client to the Designer is overdue, then the Client must pay interest at a rate of 12% per month (or part thereof), until the overdue amount is paid in full. Interest is payable on demand. Any payments made by the Client will first be applied to any outstanding interest.
f. The Client indemnifies the Designer for breaches of clause 2d above.
g. If any money is owed by the Client to the Designer under the Design Contract, the Designer may withhold performance of any Services (including the supply of Documents and/or Goods) until arrangements for payment have been agreed by the Designer with the Client.
TIME FOR PERFORMANCE OF SERVICES
a. The Designer will use commercially reasonable endeavors to perform the Services within the time(s) specified in the Interior Design Agreemen/Quotation/Purchase Order (if any).
b. If no time(s) for performance are specified in the Interior Design Agreement, the Designer will perform the Services within a reasonable time.
CLIENT RESPONSIBILITIES AND ACKNOWLEDGEMENT
a. Without limiting the provisions of the Scope of Services, the Client’s responsibilities and obligations under the Design Contract include:
i. providing materials and written approvals and/or instructions in accordance with the Design Contract;
ii. coordination of any decision making with parties other than the Designer;
iii. provision of the builder’s working drawings, and schedule of works in a form suitable for use by the Designer; and
iv. providing information from third parties required for the Designer to perform the Services.
b. The Client acknowledges and agrees that:
i. it shall be responsible for performing all its obligations under the Design Contract in a reasonable and timely manner and that the Designer’s ability to perform the Services in accordance with the Design Contract is contingent upon the Client’s prompt performance of its obligations under the Design Contract; and
ii. any delays in the Client’s performance of its obligations, or variations to the Services caused by the Client, may delay performance of the Services and that any such delay caused by the Client shall not constitute a breach of any of the Designer’s obligations under the Design Contract.
REVIEW AND APPROVAL OF DOCUMENTS BY THE CLIENT
a. The Client must, promptly (and in any event, within any time identified in the Design Contract for such review), review any Document(s) provided by the Designer and:
i. if the Document(s) comply with the requirements of the Design Contract, approve the Document(s); or
ii. if the Document(s) do not comply with the Design Contract, reject the Document(s) and provide details of the non-compliance.
b. If the Client fails to respond to the Designer within the latter of 7 days of receipt of the Document(s) and any time specified in the Design Contract for its review, then the Document(s) are deemed to be approved and accepted by the Client.
c. If the Document(s) are rejected by the Client under clause 6aii above:
i. the Designer shall be entitled to request written clarification of any concern, objection or correction, which must be promptly confirmed by the Client; and
ii. subject to receipt of confirmation by the Client as applicable under clause 6cii above, amend the Document(s) as required to ensure compliance with the Design Contract and resubmit to the Client, in which case clause 6a will reapply in respect of the amended Document(s).
d. Notwithstanding that a Document complies with the requirements of the Design Contact, the Designer may agree with the Client to amend the Document in which case clause 9 will apply.
CONFIDENTIALITY
Each party shall keep all Confidential Information confidential, and shall not without the prior written consent of the other party:
a. make available, communicate or disclose the confidential information or any part of it to any person, firm or company other than those of its Personnel requiring the confidential information for the purpose of the Design Contract or for the purpose of complying with applicable laws; or
b. use or allow its personnel to use any confidential information for any purpose other than in relation to the provision of obligations under the Design Contract.
VARIATIONS
a. The Client may vary the Services to be performed by the Designer by giving written notice to the Designer.
b. The Designer will vary the Services as instructed by the Client to the extent it is reasonable and possible to do so.
c. The Designer shall be entitled to an increase in the Fee for additional works arising from a variation to the Services not caused by the Designer, calculated in accordance with Schedule 2 of the Interior Design Agreement/Quotation.
d. The Designer is entitled to an extension to any time(s) specified in the Design Contract for performance of the Services which is required by reason of a variation not caused by the Designer. The appropriate extension to be given is to be determined by the Designer (acting reasonably).
LIABILITY AND CONSEQUENTIAL LOSS
a. To the extent permitted by law, the liability of the Designer to the Client arising out of or in connection with the Design Contract is, to the extent permitted by law, limited in the aggregate to the amount of the Fee payable under the Design Contract.
b. Notwithstanding any other provision of the Design Contract, the Designer will not be liable to the Client for any loss of revenue, loss of profit or anticipated profit, loss of production, loss of use of any plant or facility, business interruption of any nature, loss of business opportunity, loss of business reputation, loss of contract, value of shares, wasted overheads, payment of liquidated sums, penalties or damages under any agreement or any other indirect, remote, consequential, punitive, exemplary or special loss or damage, but does not include damage or losses arising from claims by third parties in respect of property damage, personal injury, nervous shock or death.
DEFAULT AND TERMINATION
a. The Design Contract shall commence upon receipt by the Designer of a copy of the Design Contract signed by the Client and shall remain on foot until the completion of the Services or earlier termination of the Design Contract.
b. Either party may immediately terminate the Design Contract by written notice to the other if a party:
i. becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
ii. is in default of any of its material responsibilities or obligations under this Deign Contract, and such default is not remedied within ten (10) days of receipt of written notice from the other party requiring it to do so.
c.If the Design Contract is terminated for any reason, the Designer shall be entitled to payment of:
i. that part of the Fee for Services performed up to and including the through the date of termination; and
ii. the cost of any Goods ordered prior to termination which cannot be cancelled.
INDEPENDENT CONTRACTOR AND SUBCONTRACTING
a. The parties acknowledge and agree that the Designer is an independent contractor, not an employee of the Client or any company affiliated with the Client and their contract with a builder. The Designer shall provide the Services under the general direction of the Client, but the Designer shall determine, in the Designer’s sole discretion, the manner and means by which the Services are to be performed.
b. The Design Contract does not create a partnership or joint venture and neither party is authorized to act as an agent or bind the other party except as expressly stated in the Design Contract.
c. The Designer shall be permitted to engage and/or use a third party designer or other service provider as independent contractors in connection with the Services. Notwithstanding the above, Designer shall remain fully responsible for such design agents’ compliance with the various terms and conditions of the Design Contract.
GOODS
a. To the maximum extent permitted by law, the Designer gives no warranties whatsoever in relation to any Goods.
b. The parties acknowledge and agree that the Designer may by agreement purchase Goods on behalf of the Client for the purposes of the Services. In the event the Designer does so:
i. the Client must pay the full amount of the Goods upfront prior to the Designer ordering the Goods; and
ii. the Designer accepts no liability in respect of those Goods (including for payment of cancellation fees in the event that the order is cancelled upon request of the Client) other than as expressly provided in the Design Contract.
GENERAL
a. Waiver
i. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
ii. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
iii. A waiver by a party is not effective unless it is in writing, signed by that party.
iv. The waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
b. Amendment – no amendment or variation of the Design Contract is valid or binding on the Designer, unless made in writing and signed by the Client and the Designer.
c. Notices – All notices to be given hereunder shall be transmitted in writing either by registered mail or electronic mail with return confirmation of receipt and shall be sent to the addresses identified in the Design Agreement, unless notification of change of address is given in writing. Notice shall be effective upon receipt.
d. No Assignment – Neither party may assign, wither in writing or orally, or encumber its rights or obligations under the Design Contract or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party.
e. Force Majeure – the Designer shall not be deemed in breach of the Design Contract if the Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of god or public enemy, death, illness or incapacity of the Designer or any local, state, federal, national or international law, governmental order or regulation or event.
DEFINITIONS
In these Terms and Conditions:
Business Days means a day except Saturdays, Sundays and public holidays in India.
Client means the party named as such in the Interior Design Agreement/Quotation.
Client’s Background IP means the Client’s Intellectual Property Rights that are in existence at the date of the Design Contract or come into existence after the date of the Design Contract, otherwise than in connection with the Design Contract.
Designer means the party named as such in the Interior Design Agreement/Quotation.
Designer’s Background IP means the Designer’s Intellectual Property Rights that are in existence at the date of the Design Contract or come into existence after the date of the Design Contract, otherwise than in connection with the Design Contract.
Developed IP means all Intellectual Property Rights (present or future) created, discovered or coming into existence in connection with the Design Contract including all Intellectual Property Rights developed by the Designer in performing the Services but excluding any modifications, improvements or alterations to the Designer’s Background IP developed by the Designer in performing the Services.
Documents means any design documents to be supplied by the Designer as part of the Services.
Fee means the remuneration payable by the Client to the Designer as outlined in Schedule 2 of the Interior Design Agreement and as adjusted from time to time in accordance with the Design Contract.
Goods means any goods specified in the Documents or the Interior Design Agreement, including those to be supplied as part of the Services, but excludes the Documents.
Intellectual Property Rights means all industrial and intellectual property rights whether protectable by statute, at common law or in equity, including all copyright and other similar rights that may subsist or may hereafter subsist in works or any subject matter, rights in relation to inventions (including all patents and patent applications), trade secrets and know-how, rights in relation to designs (whether or not registrable), rights in relation to registered or unregistered trademarks, circuit layout designs and rights in relation to circuit layouts.
Interior Design Agreement/Quotation means the written agreement between the Client and the Designer for performance of the Services.
Services means:
(a) the work, services and activities to be performed by the Designer stated in the Scope of Services (including, to the extent applicable, supply of the Goods); and
(b) all other work, services and activities that the Designer may be required to perform under the Design Agreement