Effective date: November 29, 2021
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing our “Website” (“www.descign.com”) you agree to comply with and be bound by these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and “Descign” (the contracting entity being Descign AI LLP primarily having its office at (3F, Lake View Apts., Road No.11, Banjara Hills, Hyderabad, Telangana, India – 500034), which governs your/User’s use and access of the Website, which is being accessed via mobile, tablet and other smart devices (as and when optimized for its use) and all associated services any updates and up gradation of the same (collectively, “Services”). The subscription services, wherein a User shall pay to use “app.descign.com”, shall be referred to as the “Platform”. In addition to these Terms of Services, certain Services on the Website, and the Subscription Services shall be governed by the Subscription Terms and Conditions. You will be privy to the Subscription Terms and Conditions, only if you register as a User, and/or purchase from the suite of Services and/or products that are offered to the unregistered Users of the Website.
1 The Website/Platform makes available information with respect our business which inter-alia includes cloud-based eco-system to facilitate and enable the community of scientists, researchers in various aspects of lab operations management, by providing (i) Subscription Services to various modules of the Platform; (ii) providing a marketplace (B2B and B2C) to offer and avail/ purchase research related product and services. These Terms of Service govern the use and access of the Website and/or, where applicable the services and/or the Platform.
2 The Website/Platform also provides the facility to make payment towards the services that are being provided via the Website/Platform.
3 To promote the Website/Platform, other member content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. The Website may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Website/Platform/Descign are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Website of such Third-Party Services.
4 Due to the nature of the Internet, the Website/Platform cannot guarantee the continuous and uninterrupted availability and accessibility of the Website and to the Platform. Descign may restrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Website and the Platform. The Website and the Platform may be improved, enhanced and modified to introduce new services from time to time.
5 Descign may make access to and use of the Website/Platform, or certain areas or features of the Website/Platform, subject to certain conditions or requirements, such as completing verification processes.
6 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of a user’s identity.
7 Subscription services shall only be accessible to registered and paid users. The access to or use of the subscription Services shall be subject to Subscription Terms and Condition, which are in addition these Terms of Services. If there is a conflict between these Terms and the Subscription Terms and Conditions, then the Subscription Terms and Conditions shall supersede the Terms and Conditions stated herein so far as the subscribed/paid Services on the Platform are concerned, for all other use and access related to the Website/Platform/Services, these terms shall govern.
8 Descign reserves the right to modify these Terms at any time in accordance with the provision of applicable laws and regulations. If we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. You understand and agree that your continued access to or use of the Website/Platform/Services will constitute acceptance of the revised Terms.
9 You are required to create a “User Account” to access the Platform and if required the Website by using an email address and creating a password. You must provide accurate, current and complete information during the registration process. In the event, a company/any other entity is being registered on the Website/Platform then the registration must be done by using the verified official e-mail ids.
10 You are responsible for maintaining the confidentiality and security of your User Account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your User Account. All payments received pursuant to the use of the User Account shall be deemed to have been paid by you, it shall be considered as a genuine consideration and Descign shall not be responsible or liable for any refunds due to any fraudulent charges.
11 You acknowledge and agree that the Website and the content available on the Website (“Website Content”), including all associated intellectual property rights, are the exclusive property of the Website and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website. All trademarks, service marks, logos, trade names, and any other source identifiers of Website used on or in connection with the Website and Website Content are trademarks or registered trademarks of Descign. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Website are used for identification purposes only and may be the property of their respective owners.
12 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Website or its licensors, except for the licenses and rights expressly granted in these Terms.
13 The Website has tied up with “Razorpay” for facilitating the online payment facility available on the Website. Upon making payment on the Website, you shall be bound by the terms and conditions of the payment gateway in addition to the terms stated herein. The payment gateway shall be used to facilitate the payment from a purchaser to a seller, and further, for the seller to receive the payment from such payment gateway. Both, purchaser and seller shall be bound by the terms of the payment gateway.
14 Refund and Cancellation:
You may cancel your subscription to the Platform at any time. As a general rule, Descign is not bound to make any refunds for the amount of consideration already paid by you, unless otherwise stated/ agreed upon between the Parties hereto, under the Services as described in the Subscription Terms and Conditions.
15 Marketing and related services: In addition to the subscription services on the Platform, and other Services as mentioned in the Subscription Terms and Conditions, Descign, also provides services pertaining to advertisement, marketing and lead generation for Website and/or Platform User. These services are provided on separate terms and conditions. If you are interested in these services please reach out [firstname.lastname@example.org]
16 As a user, you can leave a public review (“Review
”) and submit a star rating (“Rating
”) about your experience of the Website/ and or the Services and/or the Platform and/or the service providers. Ratings and Reviews are not verified by Descign for accuracy and may be incorrect or misleading. Ratings and Reviews however must be as accurate and may not contain any offensive or defamatory language.
17 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website/Platform. In connection with your use of the Website (and where applicable, the Platform), you will not assist or enable others to:
b. use, display, mirror or frame the Website or any individual element within the Website, Website’s name, any Website trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Website, without Website ‘s express written consent;
c. dilute, tarnish or otherwise harm the Website brand in any way, including through unauthorized use, registering and/or using Website or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Website’s domains, trademarks, taglines, or promotional campaigns;
d. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
e. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by the Website or any of Website’s providers or any other third party to protect the Website;
f. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website;
g. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
18 Descign may immediately, without notice, terminate this Agreement and/or stop providing access to the Website/Platform if (i) you have materially breached your obligations under these Terms, the payments terms, the Subscription Terms and Conditions as applicable to you, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Descign believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Website/Platform and its visitors, its other users and clients.
19 If you choose to use the Website/Platform/Services, you do so voluntarily and at your sole risk. The Website is provided “as is”, without warranty of any kind, either express or implied.
20 As a User, who is registering on the Website (and where applicable, the Platform), you shall always input true and correct information about yourself.
21 If we choose to conduct identity verification or background checks on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, with respect to the same.
22 You assume full responsibility for the choices you make before, during and after your use of the Website/Platform.
23 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
24 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, and/or use of Services via the Website or the Platform or any other interaction you have with Descign personnel whether in person or online remains with you. Neither Descign nor any other party involved in creating, producing, or delivering the Website will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, and (ii) from the use of or inability to use the Website. In no event will Descign’s aggregate liability arising out of or in connection with these Terms and your use of the Website/Platform including, but not limited to, payment of the charges for the services provided and/or any other applicable charges via the Website/Platform, or from the use of or inability to use the Website/Platform, exceed the amounts you have paid via the Website/Platform.
25 You agree to release, defend (at the Descign’s option), indemnify, and hold Descign and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Website, or (iii) your breach of any laws, regulations or third party rights.
26 Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Website/Platform, (collectively, “Disputes”) will be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996 (as applicable in India and as amended from time to time), the seat of the same shall be Hyderabad and be presided over by a Sole Arbitrator appointed by Descign.
28 The following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of Website’s copyrights, trademarks, trade secrets,
patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).These terms shall be governed by the laws of India, and the courts in Hyderabad shall have the exclusive jurisdiction over the matters pertaining to these Terms.
29 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website (“Feedback
“). You may submit Feedback by emailing us, through the “Contact
” section of the Website, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
30 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Descign and you pertaining to use and access of the Website/Services/ Platform, and supersede any and all prior oral or written understandings or agreements between Descign and you.
31 No joint venture, partnership, employment, or agency relationship exists between you and Descign as a result of these terms and conditions or your use of the Website.
32 These Terms do not and are not intended to confer any rights or remedies upon any person other than Descign and the User.
33 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck down and will not affect the validity and enforceability of the remaining provisions.
34 Descign’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
35 Descign makes no representation that the Website/Platform operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or services or the Platform are appropriate or available for use in other locations. Accessing the Website/Platform from territories where the Website/Platform or any Information or functionality of the Website/Platform or portion thereof is illegal is expressly prohibited. Any access of the Website/Platform and the Information thereof by the User from any prohibited jurisdiction is at the entire risk and cost of the User and Descign shall not be responsible for such access. The User shall always be responsible for his own compliance of the applicable laws.
36 This Website, Platform and its Services are being hosted from its servers available in India, United States of America and Europe. But for all intents and purposes, the Website and the Platform shall be considered to be published from India.
37 If you have any questions about these terms, please email us at email@example.com