01. These Terms and Conditions (hereinafter also “the Terms” or “the Contract”) define and regulate legal relations, related to services provided by “ArtDesign” company (hereinafter also “the Company”, “We”, “ArtDesign”) through the Company’s web-site and/or mobile application (hereinafter also “the Web-site”).
02. By entering the Web-site, using any services of the Web-site or downloading any content in full or partially (hereinafter also “the Services”), You, as a user (hereinafter also “the User”, “You”, “Your”), confirm that You have fully read, acknowledged and unconditionally accepted these Terms and Conditions, whether You are the Company’s customer, registered user of the Web-site or visitor.
03. The Company has the right to unilaterally revise these Terms at any time without any prior notice. In case of revising the Terms the Company shall publish new Terms on the Web-site, stating date of the last revision. It is the User’s responsibility to regularly visit the Web-site and check the Terms for revisions. New Terms shall come into legal force and shall affect obligations, arisen after publication of the revised Terms on the Web-site.
04. If You disagree with current Terms, You must not use the Web-site. By visiting the Web-site, opening account, becoming the User and using the Services You unconditionally accept these Terms in full.
ABILITY TO ACCEPT THE CONTRACT
05. By Accepting the Terms, You confirm that, according to legislation of the country of Your current location, You have the legal capacity and right to use the Services. If You do not have full legal capacity, according to legislation of the country of Your current location, and cannot independently use the Service, You must obtain permission of Your parents or other authorized entities. If You represent legal entity, You hereby confirm that You have all necessary authorities, provided by that legal entity and legislation of the country of the legal entity’s location, to use the Services. By accepting these Terms, You acknowledge that We cannot verify the data, information and assertions You provide, thus You shall bear full responsibility for any violation of this provision.
USE OF SERVICES, COPYRIGHT
06. By accepting these Terms, You acknowledge that the Services include copyright and confidentiality elements, protected by the respective laws. By agreeing to these Terms You accept that the Company and its partners hold all rights on programs and applications on the Web-site, related to the Services, the Services, their results, as well as all their further revisions, upgrades and updates. Within the framework of these Terms “the rights” mean copyrights, licensing rights, rights on invention, production prototype and industrial model, trade secrecy, know-how, technical and aesthetic solutions, etc.
07. According to these Terms the Company authorizes the User to use the Services and their results solely for personal use (hereinafter also “the Authorization”). The Authorization includes non-exclusive right, which cannot be provided, rented or otherwise transferred to the third parties without written consent of the Company. Without the written consent of the Company, the User is prohibited to copy, change, publish, reproduce or use the Services, their results, the programs, solutions, trademarks, information, design solutions and any other information (hereinafter also “the Content”), accessible to him/her in the course of using the Services and the Web-site, in any way other than specified within the usage framework, defined by the Terms.
08. The User is obligated not to use any programs, automated or other means for obtaining information available on the Web-site and the Services in any way other than specified by these Terms. The User has no right to use the information and results of the Services, obtained by and/or accessible to him/her from the Web-site, for reproduction, republication, sharing on social networks, etc.
09. During or after provision of the Services, the User has no right to put advertising, any information on third parties, viruses, computer codes on results of the Services or the Content, which can harm regular operations of computers or software.
10. The User has no right to collect information on third parties and/or offer the Company’s Services to entities, he/she became aware of through the Web-site.
11. The User has no right to provide false or incomplete information, other parties’ information for using the Services. The User has no right to create fake account, hide his/her age, legal capability. The User confirms that any information he/she provides does not infringe third parties’ rights. The User has no right to perform such operations, which may cause harm to third parties or the Company. Without the User’s consent the Company has the right to extract such information or data from the Web-site, which in the Company’s opinion may violate the Company’s or third parties’ rights.
13. You can visit the Web-site without registration, however in order to use full services, provided by the Web-site and the Company You are obligated to register at the Web-site. Personal information are collected (received) only when provided by You. During registration You provide Your name, address, e-mail address and contact details. When You use the Web-site, We can obtain information in other ways as well. Our servers receive and store information about You, such as Your IP address, browser name, computer type, technical details about users and means of connecting to the Web-site, such as type of operational system, name of internet provider company and other similar technical details. This information helps us to be informed of and better understand users’ behavior and trends. We also receive information about Your activity on the Web-site. This information allows us to offer You more customized and preferable Services for You. Upon Your registration we receive information, provided by You, e.g. Your e-mail address, password, etc. The Company may receive other information about You from other customers’ complaints, our service center or other sources of information.
14. The Company takes proper electronic, physical and other security measures to ensure protection of Your personal data from illegal access, change or publication. All data, provided by You, is securely stored in server databases. All pages of the Company, containing Your personal information, are password-protected. The Company will never ask for Your password via phone call or e-mail. We will not provide Your personal data to third parties without Your consent, except for cases envisaged by the Legislation (authorized requests of legal and state bodies within their authorities, judicial requests, etc.). We can make Your data available only to Our affiliated entities in cases, when this information is necessary for providing You the Services or improving them. We cooperate with other companies and/or physical entities in order to provide You proper Services, e.g. orders collections, database analytics, marketing support, processing and clearing of payments with banking cards, customer service. Mentioned entities receive access to the information, necessary for performing their specified operations, and have no right to use this information for other purposes.
15. We can use the information, provided by You, in order to:
• Meet Your requests on the Services, products and warnings;
• Offer Services and products of Your interest;
• Support You in using the Web-site;
• Adjust Your account settings and revise our Services in accordance with Your preferences;
• Analyze use of the Web-site, improve the Web-site and the Services;
• Protect the Web-site and prevent its misuse;
• Other cases, defined by the Law.
REGISTERED USERS AND CONTENT OF SERVICES
16. In order to use full Services, provided by the Company, You must register on the Web-site and open a User account (hereinafter “User account” or “Account”). Each User can have one Account. The User has no right to use other User’s account. Upon opening the Account the User must provide true information as requested. The Users are responsible for preserving login information of their Account and they are responsible for operations/activities, performed with their Account. If the User is sure of unauthorized access to his/her Account, he/she must immediately inform the Company accordingly. In such case the Company has the right to immediately block the Account until full clarification of the circumstances. In any case the Company bears no responsibility for actions, performed by other entities with the User’s account. The User is responsible for losses caused to the Company or third parties by such actions.
17. Services, provided by the Company, include, but are not limited to the following:
• Design for interior (hereinafter also “the Interior design”) of apartments, houses, industrial areas, offices and other real estate (hereinafter also “the Property”);
• Online consulting, related to Interior design;
• Sale of interior design supplies, related consulting, etc. The Company does not guarantee minimal market price for offered products.
18. The User acknowledges and accepts that the Services do not include capital renovation and constructive changes to the Property. The Company will never project, initiate and advise making such operations with the Property, which may reduce or change the Property’s firmness, affect its security or seismic resistance and/or change technical state of the Property.
19. The User acknowledges and accepts that the Company’s Services are aimed at only proposing visual solution to interior design of the Property, while execution of these solutions, including, but not limited to products quality, durability, color match, light solutions, evenness of illumination, product installation firmness and quality, etc. is not associated with the Company and is implemented by the User or third parties, involved by that latter.
20. Within 7 working days after receipt of necessary information and payment, the Company prepares Interior design according to images, floorplans, other technical data, conditions and assignments (hereinafter also “the Materials”), uploaded by the User. In cases, when the Materials are deficient or provide incomplete information for ensuring the expected result, the Company has the right to request additional Materials. In such case calculation of the Service period starts from the moment of receiving payment and all Materials, necessary for complete provision of the Service.
21. Finalized Interior Design is provided to the User via sending it to the e-mail address, specified by the latter, or inputting it to the User’s Account. The Service is considered provided on the moment of sending the Interior Design to the User’s e- mail address or inputting it to the Account.
22. Upon the User’s will, the Interior Design may be amended for the relevant additional payment. Interior Design is amended within 48 hours after receipt of the relevant application and payment.
23. The User is informed about prices for the Services and payment methods, published on the Company’s Web-site, and unconditionally accepts them.
24. The User acknowledges that the Service price can be unilaterally changed by the Company and accepts such changes.
THIRD PARTY WEB-SITES AND ADVERTISING
25. The Company’s Web-site may contain references or hyperlinks to other Web-sites (hereinafter also “Other Web-sites”), articles, photos, images, graphic images, audio and video materials, information, programs, etc., which are placed by or belong to third parties (hereinafter also “Third parties’ materials”). The Company neither represents these Third parties, nor has verified their materials’ integrity, truthfulness and accuracy and is not responsible for Third parties’ materials and Other Web-sites.
26. The Company is not responsible for services, products and works, offered by third parties through Our Web-site.
WARRANTEES AND LIMITATION OF LIABILITY
27. The User acknowledges and agrees, that the Services are provided without warranty and the User uses the Service at his/her own risk.
28. The Company does not warrant, that the Services will comply with Your demands and expectations, that results of the Services will be free of faults, that the Services will be provided within timeframe, specified by the Terms, that any computer or device will open Interior Design file and that all faults will be eliminated by the Company.
29. Any material, received through the Web-site, is downloaded by the User at his/herown risk and the latter is responsible for risk of damaging his/her computer or other devices by these programs or materials.
30. The User acknowledges and accepts that the Company is not responsible for losses, incurred by the User or third parties, as a result of using Interior Design.
31. The User acknowledges that the Services are provided only virtually and the Company cannot be held liable for their preparation, installation and configuration at the User’s Property. The Company does not warrant the result of Interior Design and its real application.
32. The User acknowledges that the Company’s obligations towards him/her terminate upon sending Interior Design to the e-mail address, as specified by the User, or inputting it to the User’s Account.
33. The User clearly acknowledges and agrees that the Company is not liable for any losses, incurred by the User as a result of providing the Services or using the Web-site, including, but not limiting to real losses, lost profit, goodwill, data loss, property damage, etc.
CONTRACT AMENDMENTS AND TERMINATION
35. The Company has the right to unilaterally amend, suspend, terminate provision of Services, membership of the User or terminate the Contract at any time without reason and prior notice.
CERTAIN CLAUSES REMAINING INTO FORCE UPON CONTRACT TERMINATION
36. Upon cancellation, suspension or termination of the Contract, Clauses I, III, IV, VII and X of the Contract shall remain in force.
DISPUTES RESOLUTION AND LEGISLATION APPLIED
37. Disputes related to this Contract are resolved according to legislation in force and through courts of the relevant jurisdiction in location of the Company’s head office.
38. By concluding this Contract all previous arrangements and agreements between the parties shall terminate.
39. Revocation of any of this Contract’s provision does not lead to revocation of the whole Contract. The Contract remains in force, taking into consideration its meaning and purpose.
40. The Contract is subject to interpretation, taking into consideration its whole meaning and purposes of the parties.