What is Kataak?

Kataak is the World’s first live home designer. It is a software platform that lets users design their home virtually using real products and get it executed (if needed) via Kataak design experts.This is a legal and binding agreement between the User and Kataak (http://www.kataak.com/).

This is an electronically generated record by a computer system, hence there is no requirement of any digital or physical signature. By using our website or services or content or anything else, the User is agreeing to our Terms and Conditions (TnC). We hold the right to add, modify, change or delete the complete or a part of the terms and conditions without any prior notice. All the changes, if any, will be published on the website, so we encourage the User to review the website at regular intervals for any such amendments.

If the User is not satisfied with any of the clause in the following Terms and Conditions, he/she is free to discontinue the usage of any of our service or tool.

Words such as “We” and “Us” refer to Kataak only.

Definitions

“Tool” means the software platform provided on the site, which is in executable version and enables the User to design, model, plan or furnish his/her home as per his/her choice, using the 3D images.

“Content(s)” refers to all the information provided in the form of text, music, video, sound, data, software, photographs, messages, graphics, notices, blogs, contracts, documents, articles, materials, notices, drawings, sketches, maps, visuals, models and the other elements created or uploaded by the User using the site or the tool and which can be viewed or downloaded on or from Kataak.com. It also means the comments, suggestions, observations, feedbacks, e-mail, e-cards or other such information posted or furnished by the User on the website.

“Elements” are the unlimited data accessible, other than the User’s content, through the website, which include information in texts, 2D and 3D models, files, animated or unanimated images, videos, logos, trademarks, sounds, drawings and tool.

“Site” or “Website” is the webpage located at http://www.kataak.com/ (or any other web address superseding the mentioned one, owned and regulated by Kataak.com, through which the User can avail the services and tool.

“Service” is the assistance provided by Kataak.com through its Site, tool or other elements to the User to notably plan or design spaces using 3D images and to post comments on the Site. The detailed description of the ‘Service’ is provided in clause 6. The use of the Service first requires an Internet connection and a registration to the Site.

“User(s)” is the person who is registered with us to access the Services offered by Kataak by accepting the TnC and is consequently authorized by Kataak.com to use the tool and Service. It is to be noted that this agreement doesn’t give any legal rights to the property of Kataak, unless specified in the agreement.

Purpose of TnC

These TnC refers to the terms and conditions under which Kataak agrees to issue a license to the User for using the tool and the Services provided to the User. This agreement also authorized the User to use the Services and the tool.

These TnC supervise the relationship between Kataak and the User and have control over any other document.

On using the Site, Services or Tool, the User agrees to abide by these TnC and shall not take any action that can go against these TnC.

Acceptance

By ticking the box “I agree to the Kataak Terms and Conditions” at the time of sign-up, the User is giving his/her consent to abide by the terms and conditions mentioned here. If the User doesn’t accept these TnC then the User is agreeing not to continue with the signing-up process further on the Site and to stop using the Site, its Services and the Tool with the immediate effect.

By agreeing on using the Kataak Services, Site and Tool, the User represents that he/she is of legal age to enter into a legally binding agreement pursuant to the laws of the country where he/she has his/her registered address or from where the User is accessing, using or downloading the Kataak Services. In case the User is a minor or in a condition where the User is not legally fit to enter into the agreement, then he/she must have the consent of his/her/ parents before agreeing to the terms and conditions.

In case the User is a business entity, he/she represents the business that is duly authorized by the country/countries where he/she is operating and the same is applicable on his/her employees, representatives, officers and other agents who are accessing or using the Kataak Services, Site and Tool and legally binding the User to these TnC.

Kataak legally permits the User to use the Site, the Services and the Tool strictly in accordance with these TnC for personal or non-commercial motive, unless specifically agreed between the parties entering into the contract.

There may be some third party elements or components integrated or embedded in the Tool that might subject to a separate TnC or agreement.

Registration

For using the Tool and the Services offered by Kataak, the User must ensure to sign-up/register/login with us first. The User may create an account by submitting his email id and phone number. Once the account is created, the User will become a “Registered User” with us and then he/she can enjoy the benefits of the Services and the Tool provided by Kataak. It is notified that the Registered User is limited to one account only. Using fake accounts to access, the Services and the Tool by Kataak might lead to a legal action or proceeding towards the User or can result into the deactivation of the User’s account.

Users of 18 years of age or above, who can perform legal acts, or those minors who have the consent of their parent’s or legal representative’s are entitled to create an account with Kataak. The User shall not sign-up using a username that violates a third party’s trademark, service mark, patents, copyright or corporate name. Any activity from the User’s account is solely under the discretion of the User and any loss caused to Kataak due to such unauthorized activities will make the User liable and accountable. However, it is also notified that any loss occurred by the User due to any unauthorized use will not make Kataak liable or accountable in front of any court of law. The User is free to terminate his/her account at any point of time and for any reason without any prior notification to Kataak.

The confidentiality of the User’s username and password must be maintained by the User as they are strictly personal and no other person holds the right, whatsoever, to authorize the access to these credentials in order to use the Services and the Tool provided by Kataak. It is the sole responsibility of the User to not share the username and password with others or allow them to use the User’s account for their own benefit. Any such usage on Kataak Site will be assumed to have originated from the User. If the User becomes aware of any such unauthorized usage of his/her account, he/she shall immediately change the password and inform Kataak about such activity via email at info@kataak.com.

Use of Services (share services)

The Services and the Tool provided by Kataak allow the User to:

1. Design and decorate the interior of the house, including Bedroom, Kitchen, Living room, Bathroom and Drawing + Dining room, using 3D images.
2. Plan and furnish various rooms of his/her house with the help of the elements and products provided on the Tool or the Site spread across various categories of furniture, ceiling, flooring, wallpaper, wall décor, furnishing, etc.
3. Publish the final Content on Kataak.
4. Share the designed and decorated content on various social media platforms like Facebook, Google+, LinkedIn, email and Twitter to gather opinions of others.
5. Post comments on the Site’s social media platforms related to his/her Content or on the Content of other users published and shared on Kataak.
6. Contact Kataak or Kataak experts at any point of time to get the project executed.

It is the whole and sole responsibility of the User to determine if the Services offered by Kataak are as per the User’s needs based on the specifications and characteristics of the User’s requirement, of which Kataak is unaware.

The back-up of the design or the Content created by the User using the Kataak’s tool will be under the User’s responsibility for which the User has to take appropriate measures. The content (created through the tool) without back-up, will get deleted from the Site and database permanently after the Service or the tool gets disconnected.

The User is provided a free access to the first three options in every segment of the tool. However, the tool requires an Internet connectivity, the availability of which is the technical and financial responsibility of the User for which he/she may has to pay a certain fees or subscription amount to have access to such service provided by the Internet service providers. The provision of the equipment, for instance a computer, laptop or tablet, is again the responsibility of the User to access the services and the tool provided by Kataak. We have no role in providing such equipment or services to the User. If the User encounters any problem due to the User’s configuration in accessing the website, the Tool or the Services, Kataak will not be held liable for the same.

We at Kataak reserves all the rights to cease, suspend or forfeit the services of the User for legitimate reason(s) (which include testing, security and maintenance purposes, for business justifications, in case of threat of outage to servers, etc.); or to make necessary changes in the Site, the Tool or the Services. However, the User cannot hold us responsible for any warranty, indemnity or any damages caused to the User. It is also notified that no back-up of the Content uploaded by the User on the Site or the Tool will be available prior to such cessation or suspension.

User Content and Authentication

On creating the account with Kataak or on registering with us or while using our Site, Services or Tool, the User might create some content. The back-up of such content via the Tool, the Services or the social media platforms like Facebook, Twitter, etc. will automatically publish the content on the Site, which will be associated to the User. Creation of the content using Kataak’s Tool, Services or Site will be taken as the User’s permission to publish the content on the site. Publishing or sharing of such content on social media platforms might subject to the terms and conditions applicable for the usage of such social media platforms.

The User preserves all the intellectual property rights in & to the content, which will not be transferred to Kataak or any other third party unless it is specified in the agreement or the User provide written permission. Any consequences of publishing, posting or sharing the content will be the responsibility of the User only, where Kataak will not have any role. Publishing the content on the Site or the Tool or authorizing Kataak to make available the content on its site, the User agrees that:

1. He/she holds the required rights, licenses and permissions or consents to use the content and the authority to pass on the rights to Kataak to use all trademark, patent, copyright or other proprietary rights related to the usage of the content to modify, derive, distribute, refurbish or display the content for the purpose of advertising, marketing, or public relations.
2. He/she has the written permission or consent of every individual involved, mentioned or participated in the content to use the content in the manner envisaged by Kataak and the TnC.
3. Any site visitor or user, worldwide, has the license to use, make available, reproduce or display the content on the Site or any other social media platform for a personal and non-commercial use in a royalty-free, personal, non-exclusive, non-sublicensable and non-transferrable manner.

The User, publishing or creating the content on the Site or the Tool must ensure that he/she has the exclusive rights to claim the ownership on the content along with all the necessary rights and licenses required to grant permission to other site visitors and users to use the content, as mentioned in this agreement.

The User agrees to grant Kataak the first right on the content, after the User, against any or all claims alleged by the third party to demand any right in all or a part of the content published or created by the User.

However, the User is and will always remain solely responsible for the Content created, displayed or published from his/her account on the Site or the Tool and in particular of its agreement with the applied laws and rules. Kataak, in any respect, will not be held liable for the publication or usage of any such content. Kataak is only limited to the hosting of the Content on the Site and is not monitoring or controlling the Content, in any manner, prior to its display on the Site.

Kataak does not provide the warranty for the Content and is not liable for any reason of the Content that is subject to the provisions that are directly enforceable against us in the capacity of hosting service provider. Thus, we reserve the rights to remove any inappropriate or unlawful content pointed or notified by a third party or judicial authorities, on the Site or the Tool without any prior notice to the User. Katak holds the right to send information related to its Services, Site or Tool to the registered Users that Kataak finds suitable and relevant.

Third Party Sites, Content and Advertising

Kataak Services, Tool and Content (including articles, text, designs, elements, graphics, images, sound, video, music, software and other content) might contain some links and hyperlinks to the third party sites on the content originated, developed or created from the third parties. The Kataak Services might contain advertising from third parties, which include Third Party Applications, Third Party Sites or Third Party Software or Content. This content by Third Parties is not endorsed, investigated, checked or monitored by us for appropriateness, authenticity, accuracy and completeness, thus, we are not liable or accountable for any access of Third Party via Kataak Services, Site or Tool. We have no connection with the accuracy, opinions, privacy practices, offensiveness, and reliability or terms of use and other policies of information or content posted, published, advertised, endorsed or created by third parties on Kataak’s Site or using our Services, Tool or Site and hence cannot be held liable for any offensive or unlawful content published or endorsed through our site by Third Parties.

We are also not responsible or answerable for the quality or delivery of the products or services advertised & offered by the third parties or any other Third Parties’ products or services purchased through our site. Installation of any Third Party site or application from Kataak or inclusion of, permitting the use or linking to or endorsement of any Third Party Site through us does not mean our approval by us. The User is free to leave the Kataak Services and join, use or install the Third Party Application or Software or Content at any point of time but at his/her own risk. This is notified that the usage of the Third Party Services, Application, Software or Content will no longer be governed by us, hence the User cannot hold us responsible or answerable for any discrepancy in the service, information or product offered by the Third Party. It is advised to the User to read and review the applicable policies and terms and conditions of the Third Party Site to which the User navigate from Kataak Services or Tool.

Payment Policy

Once the trial period is over, Users need to pay as per the following payment plan for further use of the site and its services.

Plan	Validity	Design	Save + Share (Social Media & Email)
Rs 290	1 Week	All Options	Unlimited
Rs 490	1 Month	All Options	Unlimited

Scope of Services after payment

Kataak enables Users, through its Application and Service after the payment, for the aforementioned time, to:

• Easily design bedroom, living room, kitchen, drawing room, living room and bathroom. using the options available on the platform.
• Furnish and decorate such spaces through multitude of design combinations available on the platform.
• Save designs on their personalized database under 'My Account'.
• Share designs through Email and Social media to take opinions.
• Shop for selected items through the connected e-shop.
• Ask Kataak Experts to get the design executed.

This payment plan should not be misconstrued or used for any kind of down payment, shopping or buying of items, consultation fees or any other kind of service provided by the company or its sales partners.

Access to the Site or Service is available for unrestricted use for the selected period after making the payments. However, use of the Site and the Service requires an Internet access, computing device (desktop and laptop only) and necessary configuration. Such access are under the User’s financial and technical responsibility and may require the payment of fees, for instance to obtain an Internet connection. It is mandatory for the User to keep a record of the transaction ID and billing information with himself/herself, as no complaint application regarding the failure of payment will be entertained by Kataak without such proofs.

Kataak will not be liable with respect to any difficulty encountered by Users in accessing the Site due to Users’ configuration or Internet issues.

Kataak reserves the right at any time to suspend or cease access to the site or Service or modify the payment structure , without any obligation to provide any warranty, cover, notification or pay any damages whatsoever to Users.

Prohibited Use of the Site and Service

The Registered User is strictly prohibited to use the Site, the Services or the Tool to:

1. Create, display or publish the content that is misleading, inappropriate, shocking, threatening, obscene, violent, unlawful, illegal, abusive, defamatory, rude, offensive, racist, child sexually abusive content, pornographic or which aims at embarrassing, threatening or harassing a third party or competitor or which may affect the peace in the society, induce racial violence or hatred or influence the right to privacy;
2. Create, publish or display the content that may violates or infringe the intellectual property rights of the Third Party;
3. Transmit or spread a computer virus, worm, or any other malicious file or code to damage, interrupt, suspend, destroy or limit the functionalities of a computer or network equipment or the website.
4. Promote or exercise any type of commercial or advertising activity, which include lotteries, spamming, sweepstakes or other type of commercial exchanges, donations, or other solicit payments through the Kataak Site. However, the User is free to contact the partners of Kataak under the strict rules and terms laid down and mentioned in the TnC, wherein, the User will not involve us in any manner in such transactions amidst the Kataak’s partner and our Registered User.

Suspension of Services/account

The User and Kataak have entered into the agreement through these TnC for an indefinite period of time. However, Kataak, in its sole discretion, holds the rights to change, modify, suspend, expand the tenure of or terminate our Services, Tool and Site, the User’s membership or any other services provided by us without any prior notification and for any reason.

The User, at any point of time and for any reason, has the right to terminate the TnC by deactivating or deleting his/her account on the Site and on the Tool by writing us an email on info@kataak.com. However, the User is notified that such step can lead to the permanent deletion of all the Content published, created or posted on the Site or on the Tool through the User’s account along with the data input, which cannot be recovered later, due to the unavailability of such functionality. It is the whole and sole responsibility of the User to take back-up of such Content and data before asking for the deactivation of the account. The User, if he/she wishes, is free to create the account with us again, however, he/she will not be able to recover the lost data and the Content published, promoted, posted or created using our Services, Site or Tool earlier.

In case, the User breaches any of the TnC during the tenure of this agreement, Kataak will notify the User via email about the breach so that the User can take remedial steps to amend the breach. If the User didn’t take the necessary steps to cure the breach within the notified time or commit another breach within this timeframe, Kataak holds the right to terminate the User’s account immediately without performing any judicial formality, by notifying the User through email, without prejudice to the other rights and remedies. It is also informed that the termination of the User’s account by Kataak will result in total and permanent loss of all the Content published, created or posted on the Site or The Tool through the User’s account, which is unrecoverable. It is the responsibility of the User to create a back-up of all the Content and data before publishing or posting it on the Site or the Tool.

All the liability limitations, warranties and exclusions mentioned in these TnC will remain effective even after the termination of this agreement.

Modification of the Terms & the Site

Kataak, in its sole discretion, holds the rights to make changes or amend these TnC timely. Any modification of the TnC will reflect on the Site immediately, for which the User has to regularly check the TnC in order to avoid any confusion or chaos.

The use of the Site, the Tool or the Services of Kataak by the User after the modifications, if any, will be taken as the acceptance of the renewed TnC by the User.

In case the User is not willing to accept the revised TnC, he/she can any time terminate his/her these TnC as per the clause 11.

Limitations of the Liability

It is informed to the User that Kataak shall not be held liable to the User for any incidental, direct or indirect, exemplary, special or consequential damages, including but not limited to, goodwill, data, loss of profits or other intangible losses caused to the User due to:

• The usage or any failure to use Kataak Services, Tool or Site, the Content or the User’s Content
• The failure in accessing our Services, Content or the User’s Content or other Users’ Content/data
• The cost occurred in acquiring the substitute goods or services
• The unauthorized access to the User’s account or any alteration in the same, or
• Any other incidents where the User has occurred some loss in any manner by using the Kataak Services, Tool or Site, Content or the User’s Content or other Users’ Content.

These limitations are applicable even after the termination of the Services or account of the User or the agreement, to the fullest extent permitted by law.

This agreement between Kataak and the User for using our Services, Tool or Site does not constitute any partnership, joint venture, agency relationship or employment between the two. The User cannot claim any rights on the ownership of our Services, Tool, Site or the Content.

Indemnity

The User agree to hold harmless and indemnify Kataak and its subsidiaries, directors, officers, partners, employees, agents, affiliates, contractors and any other personnel related to Kataak from and against any demand, claim, suit or action, which include (but not limited to) reasonable attorneys’ fees, any expense or liability arising out of the all losses, suits, claims, damages, litigation costs and judgments of every nature and kind, arising from or in any manner to the User’s use of the Site, the Services, the Tool, any Content, any User’s Content, any software or Content, Third Party Applications or Services, Third party Advertising and any other violation of any rights of another user of this Site or violation of this Agreement or of any law or the rights of any Third party.

Disclaimer

The User expressly understands and agrees that:

• The User is using the Kataak Services, Tool or Site at his/her own risk completely. Our Services are provided on an “AS-IS” basis sans any type of warranty. As per the maximum extent permitted by the law, Kataak reserves the rights to disclaims all the conditions and warranties of any kind, whether expressed or implied, including (but not limited to) the conditions and warranties of merchantability, non-infringement and fitness for a particular purpose.
• There is no responsibility or warranty of Kataak to:
  • Ensure that our services will meet the User’s requirements or needs
  • Ensure that the Kataak Services will be lag-free, bug-free and error-free
  • Ensure the reliability, security, availability, timeliness or performance of our Services
  • Ensure that the Content provided or the Services provided to the User will be sans any change in the Content, software or other items or elements used or proposed or included in any or all of our Services and any type of Content
  • Ensure that the errors occurred in Kataak Services will be corrected immediately. The User is free to inform us about such errors, however, if any further action needs to be taken to remove the error or not is under the sole discretion of Kataak and no legal claim or complaint can be made by the User against Kataak under any jurisdiction.
• The User will be solely responsible for any damage to the computing device or computer or loss of data or any other problem occurred due to the Content or material downloaded or obtained using the Kataak Services, including Kataak’s Content or other Users’ Content or Third party Content, and will be done at the User’s own risk and discretion.
• None of the Services provided by Kataak is supposed to be used in the operation of life support systems, aircraft navigation or communication systems, nuclear facilities, air traffic control systems, emergency communications or any other such systems or activities where the failure in software or any other service that can impose serious threat to the life, can cause death, personal injury or any other environmental or severe physical damages to living or non-living things.
• The User has not received or has been intimated any advice or information, whether written or oral, from Kataak or any third party or any affiliated partners of Kataak or through the software and shall not create any warranty that is not expressly stated in these TnC.

Applicable Law and Jurisdiction

These TnC are governed by Indian law and any dispute related to the interpretation, termination, validity or performance of these TnC is subject to the relevant courts having proper rights of jurisdiction.

Miscellaneous (entire Agreement, Choice of Law & Forum)

These TnC constitute the complete agreement between the User and Kataak related to the Services, the Tool and the Site and governs the use of our Services and Tool and Site by the User, overruling any prior or contemporary agreements between the User and Kataak regarding our services.

If any of the clauses mentioned in these TnC is considered or found to be nullified or unenforceable pursuant to the applicable law, regulation or on the basis of the final decision given by the court under jurisdiction, the other clauses and conditions will remain effective and applicable in full force to the fullest extent permitted by the law.

The headings for the various sections of these TnC are simple and are meant to provide convenience to the User or reader in terms of understanding and do not have any legal or contractual effect.

The User further agrees that irrespective of any statute or law to the contrary, any cause of action, legal step or claim arising out of or related to the use of the Kataak Services or Tool or Site, should be filed within an year of its existence or else it will be barred forever.

The User doesn’t hold any right to transfer or assign in any way all or a part of these TnC without Kataak’s and other party’s consent in writing, either gratuitously or for paid consideration. However, Kataak reserves the rights to transfer or assign all or a part of these TnC freely in case of a corporate reorganization, which include, but not limited to, any acquisition, merger, total or partial transfer of assets, indirect or direct change of control.