terms of service
Welcome to Elmas Interiors!
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
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.
- All E-design services are non-refundable.
- Product resourcing is not limited to Kenya.
- 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.
- 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.
- 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.
- The client agrees that all correspondence will occur through our online communication platform and a zoom calls or emails except when otherwise scheduled.
- 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.
- 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.
- 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.
- 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.
- Elmas Interiors cannot guarantee the prices or long term availability of merchandise listed in a client’s product shopping list.
- Elmas Interiors reserves the right to use your Design Board and/or other product deliverables in websites, blogs or other marketing efforts.
- 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
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.
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 email@example.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
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.
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: firstname.lastname@example.org.