Terms and conditions
General
The terms and conditions set out in this Terms of Use, including Customer Dos and Don’ts, Winice Quality Promise, Cancellation Policy, Return, Exchange & Refund Policy, Payment Policy and Privacy Policy (collectively, the “Terms”) govern the access to and use of this website www.Winice.com (“Site”) and any associated software or mobile (collectively, the “Platform”) and services provided by Winice India Private Limited, formerly known as Home Interior Designs E-Commerce Private Limited, (“Winice”, “we”, “us”, “our”) via the Platform (collectively “Services”).
The Terms govern all users of the Platform and/or Services (collectively “Users” and each a “User”, “you”, “your” and “yours”) and constitute legally binding contract between each User and Winice. Please read these Terms carefully before registering with Winice or accessing any materials, information, purchasing products or availing services on the Platform. If you are not agreeable to any terms or Privacy Policy, you should not proceed to use this Platform and underlined services. You signify your acceptance to the Terms by clicking on the “I Accept” button provided on the Platform. By registering on the Platform, you confirm that you are legally competent to contract and transact on the Platform.
The access to or use of certain areas or features of the Platform and/or Services may be subject to separate policies, standards or guidelines, or may require Users to accept additional terms and conditions as published on the Platform or via a separate written agreement.
Winice reserves the right, in its sole discretion, to vary any parts of the Terms any time. Users should periodically visit the relevant page containing the terms and conditions of the Platform or Services to review the current prevailing terms and conditions so that they are aware of any revision by which they are bound. In the event of any changes to the Terms, we will either notify Users via e-mail to their email address registered with Winice or post the changes on the relevant page of the Platform and update the “Last Updated” date at the top of that page as the effective date of change. However, any changes will not apply retrospectively. Users’ continued use of Platform and/or Services after any such changes constitutes acceptance of the latest Terms.
Definitions and interpretation
The following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available on through the Platform.
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Platform, Services and/or Content.
“Winice Technology” means Winice’s proprietary technology underlying the Platform and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Winice or its licensors) in connection with the Platform and/or Services, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by Winice from time to time that are not uniquely applicable to Users or that have general applicability in the art.
“Livpreneuer(s)” shall mean and include freelance designers, design studios, contracting firms, or design & build studios which are associated with Winice as third party independent service providers.
“Parties” means collectively Winice and a User, and a “Party” means any of them.
“Third Party Vendor(s) and Service Provider(s)” means independent vendor(s) and/or service provider(s) offering, providing or supplying products or services via the Platform who are independent third party operators, including Livpreneurs.
“User(s)” refer to person or individuals who visits, uses, browses, or otherwise becomes a buyer on the Platform and avails any service through the Platform and/or deals with or transacts with the Platform in any manner , which may include Third Party Vendors and Service Providers and are the end-customers of products or services provided by Third Party Vendors and Service Providers, as the case may be.
“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks and copyrighted materials displayed, published or made available on or through the Platform by any User.
References to Clauses are to the clauses herein.
The headings are for convenience only and shall not affect the interpretation of the Terms.
Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; and words denoting any gender shall include all genders.
The expression “person” means any individual, corporation, partnership, association, limited liability company, trust, governmental or quasi-governmental authority or body or other entity or organisation.
Eligibility To Use
Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Services and/or register an account with Winice to use the Services. By accessing or using the Platform and/or Services, Users represent and warrant that they are 18 or older and have the legal capacity and authority to enter into a contract. If you represent any other person, natural or artificial, you confirm that you have the requisite authority and power to bind such person to these Terms.
For transparency and fraud prevention purposes, and to the extent permitted by law, we reserve the right, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.
Account Registration
In order to avail services from Winice Platform, and/or purchase products from Third Party Vendors and Service Providers, you will have to register on the Platform and create an account (“Account”) by providing details about yourself, including name, address, contact details and such other details as may be required. You shall ensure and confirm that the information provided by you is complete, accurate and up-to-date. If there are any changes you shall promptly update such information on the Platform via your Account. You will be responsible for maintaining the confidentiality of your Account and its information, and are fully responsible for all activities that occur therein. Winice will not be liable for any loss or damage arising from your failure to comply with this provision and you may be held liable for any losses incurred by Winice and/or its Third Party Vendors and Service Providers as a consequence. In any event, we reserve the right, in our sole discretion, to approve or refuse registration of an Account by any person.
You hereby authorise Winice to collect, store, retain, process and use personal data, including your contact information provided to the Company in accordance with our Privacy Policy. You hereby permit the Company to contact you through phone/SMS/whatsapp/e-mail, provided all such communication shall be undertaken solely in relation to the Service and your personal data, including contact information shall be kept confidential in accordance with the Privacy Policy.
Users are responsible for designating any other individuals who have the right or authority to access, use or administer their Accounts for and on their behalf (“Authorised Users”). Whilst Users may permit such Authorised Users to access and use their Accounts (e.g. to perform transactions under their Accounts, update Users’ details, etc), Users registered with Winice shall remain fully liable under the Terms for all acts and omissions of their Authorised Users, whether or not such Authorised Users have acted in accordance with Users’ instructions. Users are solely responsible for maintaining the confidentiality of their password and other information relating to their Accounts, and any and all activities that occur under their Accounts. Users agree to (i) immediately notify Winice of any unauthorised use of their Accounts, password, or any other breach of security, and (ii) ensure that Users or Authorised Users exit from their Accounts at the end of each session. Winice will not be liable for any loss or damage arising from Users’ failure to comply with this provision.
You acknowledge that we may establish general practices and limits concerning use of the Platform, including without limitation to the maximum period of time that data or other content will be retained by the Platform and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Platform. You acknowledge that we reserve the right to terminate any Account that is inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
You may not assign or otherwise transfer your Account to any person without the prior written authorisation by Winice.
By registering for an Account, you hereby expressly agree to receive communications by way of SMS and/or e-mails from Winice and other third parties relating to the products and/or services provided through the Platform. You can unsubscribe or opt-out from receiving communications through SMS and e-mail anytime by using the opt-out option provided in such communications or sending us an e-mail to opt-out at grievanceofficer@Winice.com/legal@Winice.com.
Our Service
We provide one stop Platform for home interior design services and shall provide services in relation to the execution of the finalised design on a turn-key basis and in relation to purchase of products and services from Third Party Service Providers. The Customer shall pay the Company immediately upon any payments becoming due in accordance with the Payment Terms. The Company shall provide and shall ensure that all Third Party Vendors or Service Providers (if any) also provide warranty/defect liability period on the civil work and woodwork related items. To the extent where the products or services are provided by Third Party Vendors and Service Providers, Winice is not responsible for setting or controlling the prices displayed on the Platform or offered by such Third Party Vendors and Service Providers.
Third Party Vendors and Service Providers are responsible for their products or services offered or supplied to Users, and Winice shall not be responsible for and does not provide any warranty or guarantee whatsoever with respect to (i) the quality, safety, suitability, or legality of any product or service of Third Party Vendors and Service Providers, (ii) the truth or accuracy of any product or service descriptions of Third Party Vendors and Service Providers, or (iii) the performance or conduct of Third Party Vendors and Service Providers. Winice shall only be responsible to ensure that Users and Third Party Vendors and Service Providers deal with each other in accordance with and within the parameters of the Terms.
By accepting these terms and conditions you acknowledge and agree that Winice shall not and is not required to mediate or resolve any dispute or disagreement between Users and Third Party Vendors and Service Providers. All products and services on the Platform may be subject to additional terms and conditions imposed by the Third Party Vendors and Service Providers, which Users are obligated to have read and accepted at the time of placing the order or before engaging the relevant Third Party Vendors and Service Providers.
Winice reserves the right to amend/revise the product/service offerings of styles and construction options within the Winice product/service line and professional services, from time to time, as its sole discretion.
The Terms of use shall be subject to our payment, cancellation, refund & returns and warranty policies. Please read them carefully before availing any services on the Platform.
General Obligations and Restrictions
You shall solely be responsible for maintaining the necessary computer equipment, internet connections and telecommunication charges that may be required to access, use and transact on the Platform.
Subject to full compliance with the Terms, Winice grants you a non-exclusive, limited privilege to access and use the Platform or Services (including purchasing products and availing services). You agree to use the Platform for legitimate purposes, in accordance with the Terms and any applicable law, regulation or generally accepted practices or guidelines regarding the use of the Platform and/or Services, including your online conduct.
In using the Platform and/or Services, you agree to not engage in activities that may adversely affect the use of the Platform by the Winice and/or other Users. Further, you agree not to host, display, upload, modify, publish, send, share or update any information (i) which does not belong to you or you do not have the right to host, display, upload, modify, publish, send, share or update, (ii) that is offensive, obscene, disparaging, defamatory, abusive, harassing, threatening, harms minors in any way, infringes the intellectual property rights or otherwise in violation of any law, the legal rights of others or is otherwise unlawful or objectionable in any manner, (iii) deceives or misleads the addressee regarding origin of such message, (iv) impersonates anyone, (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, or (vi) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
To the extent where the Platform allows you to post, upload, transmit or make available any User’s Content, you shall be responsible for such User’s Content and agree that (i) you will ensure that such User’s Content is not offensive and is in accordance with applicable laws, (ii) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Winice and its subsidiaries and affiliates a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing the Platform or Services, and (iii) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User’s Content if necessary.
We cannot guarantee the identity of any other Users with whom you may interact with in the course of using the Platform. We also cannot guarantee the authenticity and accuracy of any User’s Consent which other Users or Third Party Vendors and Service Providers may provide. All User’s Content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You provide absolute and unqualified consent to Winice and/or its representatives to photograph the site property before, during, and/ or upon completion of the Project. You agree and acknowledge that Winice shall be entitled to use photographs for its business or publicity purposes, including but not limited to sharing the photographs online, on social media, or for marketing and advertising, but shall not disclose the Customer's name without the prior consent.