DESIGNIFY MY HOME


TERMS OF SERVICE

Welcome to Designify My Home, where people from all over the world come to beautify and personify their living spaces, one room at a time.

The following terms of service (the “Terms”) create a binding agreement between you and DSGNFy Inc., a federally incorporated company in Canada (collectively referred as “DesignifyMyHome”, “we”, “us” or “our”). You are either a customer and/or designer (collectively referred as “Users”, “you”, or “your”). Users must register at DesginifyMyHome.com (the “Site”) to use our current and future products and Services (collectively referred as “Services”).

By accessing and using the Site you are agreeing to be bound by these Terms. If you do not agree with the Terms, please do not register or use the Services.

Using Our Services

Use of our Services begins when you visit our Site. Users who proceed to register with us agree that any information provided by them is provided voluntarily with informed consent and is accurate and up-to-date. Users agree to keep this information up to date at all times. User information will be treated and managed by us according to our Privacy Policy (referred as the “Privacy Policy”). For further information on our Privacy Policy, please visit here. By registering for our Services, Users also agree to the terms of the Privacy Policy.

As our registered Users, you are declaring that you are the age of majority defined by the authority in your jurisdiction of residence. Any use of our Services by the age of minority defined by User’s local authority is strictly forbidden.

Acceptable Use (User Guidelines)

As a User of our Services, you shall:

  • adhere to these Terms and the Privacy Policy;
  • adhere to any applicable law or regulation, which if violated could cause criminal offence or civil liability in local, national or international jurisdictions;
  • use our Services for their intended purposes only;
  • respect our Services and Users. Users will notify us any disrespectful behaviour exhibited by other Users;
  • provide true and accurate information to us;
  • protect and not infringe the trademarks, copyrights, patents, trade secrets and any other proprietary information (collectively referred as “intellectual properties” or “IPs”) that are properties of DesignifyMyHome, third-parties and other Users;
  • abide by the local, national and international laws governing anti-spam regulations such as CASL (Canada’s Anti-Spam Legislation), CAN-SPAM Act (the Controlling the Assault of Non-Solicited Pornography and Marketing Act) or other applicable and relevant laws, policies and regulations.

Users shall not:

  • use language to endorse or communicate any unethical behaviours or unlawful activities such as racism, bigotry, hatred, harassment, vulgar, disparaging remarks and comments, threats, obscene, pornographic, abusive, misogynistic or any deemed unacceptable and offensive behaviours or activities to other Users, us and public in general;
  • intentionally or unintentionally affect us or other Users with harmful computer virus, code or any other malware that damages, inhibits, prevents or not causes our software, hardware or any other equipment for other Users’ and our routine business operation to function normally or to become vulnerable to malfunction or to any type of cyber attack;
  • attempt to copy, reverse engineer or reproduce any parts or an entirety of our Services, IPs, contents and/or associated materials and goodwill for the Users’ benefit without first seeking our written approval;
  • engage other Users or us in order to solicit unauthorized marketing and selling, to gather personal and business intelligence and information and to obtain private and corporate information without first seeking our written approval;
  • utilize information and communication technologies to partially or wholly display, embed, mirror or frame our Services, contents, IPs and/or any associated materials and information without first receiving our written approval;
  • data-mine our Services and User-related information automatically by programs and software or manually by accessing our Services after registration.

Termination

Users may terminate the Terms by de-registering from our Services at any time. We may temporarily or permanently suspend, block or terminate Users from our Services without cause. In the event of termination, some terms may survive as described in the Miscellaneous section below.

Pertaining to User Content

User content includes any content and file uploaded or provided by Users to us for the purpose of using our Services. Users represent and warrant that User content is owned or licensed by the Users for full and sufficient rights to use the User content for our Services and abides by the User Guidelines and Users acknowledge that User content may be publicly shared, which may expose Users to potential liabilities. Users also acknowledge and agree that User content is sole and exclusive responsibility of Users and Users indemnify us from any legal action caused by User content. We reserve the right to use User content in parts or its entirety for our Services and to remove User content at will.

Users also represent and warrant that Users have the sole right to grant us an irrevocable, royalty-free, perpetual, non-exclusive, fully paid worldwide license for User content to use for our Services, to provide our Services and/or to license or sub-license our Services as we see fit. Users acknowledge and agree that by registering to our Services, Users grant us the said license to us.

The final copy of the design drafts that is created and originated by designer Users and that is purchased by customer Users is to be for use on an exclusive basis by the purchasing customer Users and all IPs and their rights and ownership associated with the final copy of the design drafts are to be assigned to the purchasing customer Users by the designer Users. Designer Users acknowledge and agree that they grant this transfer of the IPs and their rights and ownership of the designer Users’ final design drafts when the customer Users purchase their drafts. Users also acknowledge and agree that we and our third-parties are not a part of the transfer agreement between the customers Users and designer Users and that we and our third-parties are not liable for any legal issues due to the actions or inactions caused by the transfer agreement and its related activities.

Pertaining to Our Content

Subject to these Terms, we grant Users a limited, revocable, non-transferable, non-exclusive license to use our content on a need-to-use basis to use our Services unless first seeking approval from us and second permission to use our content is granted by us in a written agreement. Our content is all IPs, their related and associated materials and information, partially or entirely visible and available materials and information from our Services and materials and information that are work-in-progress and hidden from Users and/or public and stored in our software, hardware, equipment and network including clouds of ours and our third-parties, but excludes User content.

Users agree that the license to use our content is a privilege and not a right and that we reserve the rights to suspend or terminate the license at our will. We also reserve the rights to modify or change the license as necessary without informing Users about the change.

Users also agree that User Guidelines are to be followed and adhered while using the license and that any deviation from the User Guidelines would terminate the license use. Users acknowledge and agree that use of the license is strictly for the intended use of our Services; any intended or unintended actions or behaviours contrary to the intended use of our Services and license are strictly forbidden and may trigger a legal action against the Users exercising non-conforming use of our Services and license.

Payment Terms

Payment occurs when customer Users register for our Services and when designer Users complete a final copy of interior design drafts that the purchasing customer Users agreed to accept as a final copy.

Once the payment from customer User is received upon his/her registration, the payment will be held until designer User completed a final copy of the interior design drafts. When the purchasing customer User agree to accept the final copy of the interior design drafts, we will pay the designer User the designer fee minus applicable taxes minus a third-party processing fee within 7 to 10 days.

Refund to customer User may be possible up until the point that a final copy of the chosen designer User’s drafts is accepted by the customer User. The customer User who requires a refund shall communicate to us via email the reasons for requesting refund. We will follow up with the refund-requesting customer User with a phone call or email to discuss the reasons. We will consider refund for legitimate reasons in good faith; however, any attempt to borrow, modify, steal and/or use the designer User’s design concept and work and to avoid payment will not be acceptable and refund will not be granted. Once the final copy is accepted by the purchasing customer User, no refund will be provided. If customer User finds out that the final copy of the interior design draft is not original and it violates any IPs rights of a third-party, the customer User can request for refund at any time after our investigation confirms such IP violation. The customer User will initially receive a partial payment refund from us and then receive the rest of the payment refund once the designer User pay back his/her payment. The designer User whose customer User requested for refund and successfully refunded will be informed about the refund request and have to pay back his/her payment to us upon our request immediately.

All payments and monetary transactions are made in the US currency. Our third-party payment processor may apply a floating exchange rate when the US currency payment is exchanged to a local currency if necessary or requested. Users acknowledge and agree that Users are responsible for their local, national or international taxes associated with using our Services and we are not responsible or liable for Users’ tax related issues and concerns other than the taxes that we are responsible for offering our Services.

Exclusivity and Non-Competition

Users agree and acknowledge that we provide an online marketplace to connect customer Users and designer Users. We provide and will continue to provide the best marketplace possible for customer and designer Users to connect and exchange payment for design services. Our fee is based on maintaining, operating and improving the market space for Users to be productive and able to enjoy their experience while using our Services. Our fee does not include membership or registration fee. In exchange, we require that Users and Users agree that Users conduct their design per payment activities with us using our Services for a period of 30 months.

During this exclusivity period starting from the time point of when designer User is first introduced to customer User by sending a message or submitting a design draft, Users agree that they will not seek personal or private communication methods or information to conduct design related Services outside of our Services. During this exclusivity period, exchanging email addresses or phone numbers or other online market space information that can be used to communicate or conduct design-related Services for fee between customer and design Users is strictly prohibited.

Users also acknowledge and agree that accessing our Services to copy, learn, extract, compare, exemplify, test or research content, material or information in order to help competing online market space operators or owners or to create competing online market space is prohibited and will be liable for potential legal consequences.

Disclaimer

Users acknowledge and agree that our Services are supplied on an “as is” and “as available” basis. Therefore, we expressly and explicitly disclaim any other warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to using our Services. Without limiting the foregoing, neither we nor our supplies nor licensors warrant that access to the deliverables, the materials and/or the Services available on or through the Site will be uninterrupted or error-free, or that defects, if any, will be corrected. Neither do we nor our suppliers nor licensors make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of our Services, materials or information.

Although we administer the Services and establish certain terms for certain design services offered through the Services, we are not otherwise a party to the design services or any other transactions that may take place between customers and designers and are not involved in or responsible for the performance of any services provided by designers. We have no control over the performance of any service by designers or any claims made by designers about the products or services they may offer, nor do we guarantee or endorse the truth or accuracy of any representations made by designers, the ability of designers to provide the products or services as claimed by designers (even if through the Services) or the ability of customers to pay for any products or services offered by designers. Customer Users and designer Users (and not us) bear all risks and liabilities associated with any design services or other transactions between them.

Limitation of Liability

Users acknowledge and agree that Users access or use our Services at their sole discretion and risk. Users further acknowledge and agree that under the maximum extent permitted by governing law of the jurisdiction of the User’s residence, we and our directors, officers, employees, trustees, subsidiaries, third-parties, contractors and sub-contractors, consultants, successors, assigns and their affiliates and associates (collectively referred as “our parties”) are not liable to Users for damages of any kind, including without limitation, any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, negative public relationship stories or news in any type of media, loss of programs or other data on Users software, hardware, equipment or network including cloud storage) for any and all causes whatsoever.

Even if we have been advised of the possibility of any damages, and notwithstanding the failure of essential purpose of any limited remedy, Users hereby agree to release us and hold us and our parties harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of our Services, materials or information.

Indemnity

Users agree to fully indemnify, hold harmless, and defend us and our parties from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against us and our parties in connection with any claim, action, demand, complaint or controversy arising from or related to (i) User’s use (or anyone using User’s account) of our Services, (ii) User content, or (iii) any other materials or information that Users offer on or through our Services. This includes, but is not limited to, any breach or violation of this Terms by Users or anyone utilizing Users’ account. Users further agree to fully cooperate at Users expense as reasonably required by us and our parties. Each of us and our parties may, at their election, assume the defence and control of any matter for which it is indemnified hereunder. Users shall not settle any matter involving us or our parties without first receiving the prior written consent from us or our parties.

Miscellaneous

Users acknowledge and agree that we reserve the right to change the terms of Services at any time at our will. We will make reasonable effort to inform Users of any change in a reasonable timeline at our sole discretion. Users further acknowledge and agree that continuing use of our Services after such change occurs is an acknowledgement to accept the change. Users are expected to maintain current contact information for us to notify any change to terms of service.

The formation, construction, performance and enforcement of these terms of Services shall be in accordance with the laws of Canada and the Province of Ontario without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of these terms, Users and we (collectively referred as the parties) agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation proceedings through an accredited mediator and pursuant to applicable mediation legislation, or other forum mutually agreed to by the parties. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.

You acknowledge that we will have no adequate remedy at law in the event you use the deliverables in any way not permitted hereunder, and hereby agree that we shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

Dispute resolution involving Users residing in the USA requires that the Users acknowledge and agree that when the Users register to our Services, the Users explicitly waive the right to trial by jury or to initiate or participate in a class action against us.

Users acknowledge and agree that certain binding agreements of the Terms are to survive during Users use our Services and after Users are not registered to use our Services. The surviving agreements include but not exclusively limited to Pertaining User Content, Pertaining Our Content, User Guidelines, Exclusivity and Non-Competition, Disclaimer, Limitation of Liability, Indemnity and Miscellaneous.

Users agree that Users have no right or option to negotiate, assign or transfer any part of the terms of service. Users acknowledge that we may modify, assign or transfer any part or the entirety of the terms at any time as we see fit. 


Finally, Users acknowledge that the Terms are an agreement between Users and us using our Services. The Terms’ effectiveness and enforceability supersede any pre-existing terms or binding or non-binding agreements that were communicated or discussed between Users and us. If any part of the terms is challenged and proven to be ineffective and unenforceable by court of law, the other parts of the terms remain to be fully effective and enforceable and the part of the terms that is proven to be otherwise will be updated to be re-enforceable effective immediately after the court’s decision.