Welcome to Elmas Interiors! These terms of service (these “Terms”) govern your access to and use of the website  including any content, functionality and services offered on or through the Site, so please read them carefully before using the Services.

Using our Services

By using the Services, you agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. You also represent that you are of legal age to form a binding contract with Elmas Interiors  and are not barred under any applicable laws from doing so. If you do not meet these requirements, you must not access or use the Services.

1.Description of Services

Elmas Interior Designs LTD provides interior design services that allow its clients to see inspirational designs and decors within the context of their own homes. Elmas Interiors helps homeowners, remodelers, and renters in creating personalized designs online. As more fully described on the Site, Elmas Interiors offers the following Services:

• Helps users to discover their personal style tastes and preferences.
• Provides specific, personalized interior design ideas and advice based on room photos that users submit to Elmas Interiors.
• Allows users to shop for home furnishings based upon their design preferences.

Any policies, rules and fees posted by Elmas Interiors on the Site with respect to its Services are hereby incorporated into these Terms.

1. All E-design services are non-refundable.

    

2. Product resourcing is not limited to Kenya.

    

3. Design work will only start upon receipt of the Client Service Agreement , payment of fees, and Client Questionnaire.  If changes are made by the client after the design has begun, additional time and/or fees may be required and documented in writing.
4. E-design product deliverables will be sent to the client within 14 business days (or another agreed upon timeline as stated in the Client Service Agreement) of the project start date for review, which begins only upon receipt of the Client Service Agreement, payment of fees, and Client Questionnaire.
5. Two design revisions are included in every e-design package. Additional revisions beyond those included are available at an additional cost to be agreed upon in writing between Elmas Interiors and the client.
6. The client agrees that all correspondence will occur through  our online communication platform and a zoom calls or emails  except when otherwise scheduled.
7. Unlimited follow-up questions (by email) are included in every e-design package for a period of 7 business days from the date the last revised e-design package is delivered. The follow-up question time period can be extended by 7 business day increments at an additional cost to be agreed upon in writing between Elmas Interiors and the client.
8. E-Design is a virtual design service only. Recommendations made are purely suggestion. If construction is planned, you are advised to consult and separately contract with a licensed contractor.  All renderings and floor plans by Elmas Interiors are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes.
9. Elmas Interiors will not be held responsible for the means, methods or procedures of construction, fabrication, installation, assembly, or safety precautions in connection with the execution of the E-design package; for the acts or omissions of any contractor, subcontractor, supplier, or other person performing work related to the E-design package; or any failure of them to meet any schedules or completion dates. Elmas Interiors will only be responsible for making sure shopping recommendations are delivered . Any additional assistance from our professionals needed onsite are available at an additional costs agreed upon in writing between Elmas Interiors and the client.
10. Elmas Interiors cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations in the E-design project.
11. Elmas Interiors cannot guarantee the prices or long term availability of merchandise listed in a client’s product shopping list.
12. Elmas Interiors reserves the right to use your Design Board and/or other product deliverables in websites, blogs or other marketing efforts.
13. Client signature on an E-design contract fully consents said client to Elmas Interiors Terms of Service.

2.Changes to these Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

3.Registering/Eligibility for the Services

To receive the design Services, you must set up an account with Elmas Interiors . When you register for the Services, you will be asked to provide certain registration details such as your name and address to be eligible to use the Elmas Interiors site and Services. By providing any information about yourself, you represent and warrant that all the information you provide via the Services is accurate, current and complete. You agree that all information you provide to us, whether as part of your registration or through the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms, or any applicable law or regulation.

4.Payments for Services

Elmas Interiors current fee schedule and payment policies for the Services are available here. You agree to pay all charges in the fee schedule, as well as any merchandise purchase charges, applicable sales tax, shipping costs and fees, at the time of merchandise checkout. This may include applicable sales tax, shipping costs and fees. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the services provided to you.

5.Amendments

We may revise and update our fee schedule and Terms from time to time at our sole discretion. We will notify you of any revisions and updates by posting them to the website. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your use of the Services following any such change constitutes your agreement to be bound by the modified fee schedule and Terms. If you do not agree to the revisions, you should stop using the Services. These Terms will identify the date of last update. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

6.Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Elmas Interiors and are protected by the Kenyan Law .These Terms permit you to use the Services for your own personal, non-commercial purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.You retain sole ownership of any photos or other content (“User Content”) you submit via the Services; however, you grant Elmas Interiors  the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content (i) for the purpose of providing the Services to you and (ii) unless you opt out of such permission, for Elmas Interiors marketing and advertising purposes. Elmas Interiors retains sole ownership of the 3D room models it creates using your User Content. Elmas Interiors grants to you a right to use the 3D room models for your own personal, non-commercial purposes as an element of the Services and subject to all other provisions of these Terms with respect to the Services.You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site except as follows:

• You may privately share and publicly display the room model designs that we create for you on the Site.
• Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by any applicable end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Access or use any part of the Site other than for purposes of receiving the Services.

If you wish to make any use of material on the Services other than as set out in this section, please address your request to hello@elmasinteriors.com. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Elmas Interiors . Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate laws.

7.Linking to the Site and Social Media Features

You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Site.
• Send e-mails or other communications with certain content, or links to certain content, on the Site.
• Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook, Instagram, Twitter or LinkedIn).

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Except through linking mechanisms we provide, link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.

8.Links from the Site

The Site may contain links to other sites and resources provided by third parties, including marketers of home furnishings and design-related services. These links are provided for your convenience only. This may include links provided by other users or contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites.

9.Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data.

10.Limitation of Liability

In no event will Elmas Interiors , its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, any websites linked to the site, or any content on the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In no event shall Elmas Interiors’s liability to you exceed any fees paid by you in the last twelve months.the foregoing does not affect any liability which cannot be excluded or limited under applicable law.

11.Indemnification

You agree to defend, indemnify, and hold harmless Elmas Interiors , its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.

12.Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the Kenyan  law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the  state courts of Kenya and both parties consent to venue and personal jurisdiction there.

13.Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hello@elmasinteriors.com.