1. GENERAL

a) This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b) This document is published by the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of desertoverseas.com

c) The domain name desertoverseas.com (the “Website“), is owned and operated by palangwala, the “Company”.

d) For these Terms of Use (“Terms”), wherever the context so requires,

i) The term ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;

ii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

iii) The term ‘Service‘ shall mean the platform provided by the Company through the Website whereby the User can purchase world-class furniture and home decor products and have the same delivered to his/her doorstep

e) The headings of each section in these Terms are only to organize the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

f) The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available at www.palangwala.pkxel.com/content/privacy-policy), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or availing of the Service provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder, and in such an event, the User shall not be permitted to use the Website or avail of the Services provided therein.

g) The User unequivocally agrees and acknowledges that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User further acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Website or availing of any of the Services provided therein constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User alone shall have a duty to periodically check the Terms and stay updated on its requirements, and the Company shall not be required to notify the User of any changes/modifications/amendments to the same. If the User continues to use the Website following such a change, the User will be deemed to have consented to any amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website, and avail of the Services provided therein.

2. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872, and in the case of a legal entity, that he/she is the authorized representative of a such legal entity, and has the requisite authority to bind the said legal entity to the contents of these Terms. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, or regulation currently in force.

3. TERM

These Terms will remain in full force and effect while the User continues to access the Website and avail of the Services and/or has an active account. The User is aware that the Company may terminate or suspend the User’s account at any time, without cause or notice, if the Company believes that the User has breached the Terms, or for any other reason, in its sole discretion. The User is further aware and expressly agrees that even after the User’s account is terminated for any reason, these Terms and the Policy shall survive such termination, and shall continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.

4. TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.

5. ACCOUNT SECURITY

The User is responsible for maintaining the confidentiality of his/her username and password, assigned to the User during the registration process, and the User is solely responsible for all activities that occur under the User’s username and password, including without limitation any orders placed by the User for products/services listed on the Website and any instructions made, and the User expressly agrees to be unconditionally bound by any such orders/instructions originating from the User’s account. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security concerning the User’s account, and also ensure that he/she logs out from his/her account at the end of each session.

6. COMMUNICATION

By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receive calls, autodialed and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect of care@desertoverseas.com with the subject “Privacy Policy – Unsubscribe”. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates/partners relating to any Service availed of / product purchased by the User on the Website, or anything pursuant thereto, including without limitation calls from the Website’s delivery partner at the time of delivery, verification calls from the Company at the time of placing an order on the Website, etc.

It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

7. PROPRIETARY RIGHTS

The User is aware that the Company owns and retains all proprietary rights in the Website, and in all content, copyrights, trademarks, trade names, designs, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary property of the Company and its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website, without first obtaining the prior written consent of the Company, or if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.

8. CHARGES

The use of this Website by the User, including browsing the Website and availing of any of the Services offered therein is free of cost. The User is only required to pay for the products ordered / services requested by the User through the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all Services offered/rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.