Terms of service
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to Recreation House (the “Platform”), owned by Considered Craft Collaborative Private Limited a company incorporated under the Companies Act, 2013 (bearing company identification number U47738KL2025PTC095796) having its registered office at 57/2646/A16 (Flat No 6A), Kadavanthara, Ernakulam, Kerela - 682020 (hereinafter referred to as the “Company” or “We” or “Us” (and derivates)). The Company is engaged in the business of providing an online catalogue and retail platform for sale of its furniture and home decor (“Product(s)”) and related services provided on the Platform.
Please read these terms of use (“Terms”) carefully, as it contains the terms and conditions governing your use of the Platform, any content such as text, data, information, software, graphics, audio, video or photographs that We may make available through the Platform and any services that We may provide through the Platform. In order to use the Platform, you must first agree to these Terms. By performing an affirmative action and thereafter, accessing the Platform, you agree and undertake that you are giving a free, specific, informed, unconditional and unambiguous consent to Company, agreeing to these Terms and concluding a legally binding contract with Us for the purposes specified herein. Please do not access or use the Platform if you do not agree with any of the terms provided herein or are unable to be bound by them. As a condition of your access to and use of the Platform, you hereby agree that you will comply with all applicable laws and regulations when using the Platform.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you at least once in a year, or whenever there is a change in these Terms, as the case may be, by email or by posting a conspicuous notice on the Platform in the event of any material revisions to these Terms. Your acceptance of the revised terms of use and thereafter, use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, We grant you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable and limited license to access and use the Platform.
You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms.
If you are unwilling or unable to be legally bound by these Terms, please do not give your consent or use the Platform. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Platform; or (b) if you are less than 18 (Eighteen) years of age.
In these Terms, unless the context or meaning otherwise requires all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in these Terms, have the same meanings as ascribed to such words and expressions.
1. ELIGIBILITY
Use of the Platform is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 (Eighteen) or with disability shall not register on the Platform and shall not transact on or use the Platform. If a minor or person with disability wishes to use or transact on the Platform, such use or transaction may be made by a verifiable consent by the minor/person with disability’s legal guardian or parents on the Platform. Any minor or person with disability accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and We shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Platform. The Company reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of or if We discover for ourselves that such person is not eligible to use the Platform.
2. ACCEPTANCE OF TERMS
- In order to use the Platform, any individual who visits and/or uses the Platform (“you” or “your”) must first agree to these Terms. You can accept these Terms by:
- Logging onto the Platform by using the Login Credentials or such other credentials as may be communicated to you by Us from time to time;
- Actual usage of the Platform, in which case, you understand and agree that We will treat your use of the Platform as acceptance of these Terms from that point onwards; or
- By clicking to accept these Terms, if and when prompted on the Platform.
3. OPENING AN ACCOUNT
- The Platform allows only limited and restricted access to the Platform for unregistered individuals.
- In order to use the Platform, you will have to create an account (“Account”) by signing up on the Platform which can be done by providing/using the following: (a) your cell phone number with password; (b) email address with password; or (c) such other login credentials that are adopted by Us from time to time and duly intimated to you, for setting up an Account on the Platform. Upon entering the required details, the Account is created and is ready for use.
- While signing-up on the Platform, you shall not:
- create an Account for anyone other than yourself unless such person's prior permission has been obtained;
- use an Account that is the name of another person with the intent to impersonate that person; and
- create more than one Account on the Platform.
- We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
4. USERNAME AND PASSWORD
- Once registered, in order to log into the Account on the Platform, you will be required to provide the following: (a) the cell phone number with password; (b) the email address with password; or (c) such other login credentials that are adopted by Us from time to time and duly intimated to you for logging into the Account on the Platform, used at the time of signing-up (“Login Credentials”).
- You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. We shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the Account.
- We cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the Account.
- In case of any misappropriation or unauthorised access of the Account, you agree to communicate the same to Us immediately. You shall further ensure that you log in and exit/logout from the Account at the end of each session or at the time indicated by Us. We shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Us or visitor of the Platform due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.
- You agree that the information provided by you to Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this Terms, We shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Us accordingly.
5. SERVICES
- You will need to register and/or comply with these Terms (as applicable) in order to be able to use and access the services on the Platform, which includes purchase of Products, the designs for which are listed on the Platform, and such other services as may be made available on the Platform from time to time by Us (“Services”), including receipt of a purchase order from You, of the Products in accordance with the Terms (“Order”).
- We have made every effort to display as accurately as possible the colours and designs of the Products on the Platform. We cannot guarantee that your computer monitor’s display of any color will be accurate.
- Upon receipt of an Order, the Product purchased by you shall be ‘made to order’ by the Company; and then shipped to you in accordance with the terms of clause 6 below. The Product may be delivered to you either (a) fully assembled; or (b) as a collection of various parts to be assembled as a whole post-delivery.
- You acknowledge and agree that We provide the Services on an “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any Product and/or Services.
- The provision of Service on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and We are not liable for any disruption or loss you may suffer as a result of such disruption or outages.
6. SHIPPING, REFUND AND CANCELLATION
- Any Product purchased through the Platform will be shipped to you through an authorised third party (“Shipping Partner”). We do not take possession of, or responsibility for, the shipping, handling, or delivery of any Product. All liabilities, obligations, and risks associated with the shipping and delivery of Product rest solely with the Shipping Partner.
- Shipping charges for the delivery of Product will be borne by you and shall be as set forth at the time of placing the Order on the Platform. Any applicable shipping charges will be clearly communicated prior to completion of the purchase.
- We reserve the right to accept or reject an Order placed on the Platform, in part or in full, at our sole discretion. You will be notified of acceptance or rejection of your Order via the email address provided at registration or purchase. We may require additional verification or information before accepting any Order. All decisions of the Company regarding acceptance or rejection of Orders shall be final and binding.
- Once an Order is dispatched, We will send a shipping confirmation to You via the email address indicated at the time of registration, or other communication channels, including SMS, WhatsApp, or phone calls, as deemed appropriate. If You are a registered user, you may track the status of your Order through your account on the Platform.
- Once an Order has been placed, you acknowledge and agree that it cannot be modified. You may cancel the Order within 48 (Forty Eight) hours of placing the Order, in which event, you will be refunded the price paid for such furniture.
- The standard timeline for delivery of the Product within India from the date of receipt of Order shall be 6 (Six) weeks.
- In the event the Product delivered to you is damaged, please report such damage to the Company within 2 (Two) days of such delivery. The Company shall either replace the damaged Product, or refund the purchase price.
- We are not responsible for any loss, damage, delay, or non-delivery of any Product once it has been handed over to the Shipping Partner. All claims or disputes related to shipping or delivery must be resolved directly with the Shipping Partner.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any Order you place with Us. In the event that We make a change to or cancel an Order, We will notify You by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made from the Platform. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that We can complete your transactions and contact You as needed.
8. AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms consent to the receipt of communication from Us by way of in-app messages, Short Message Service (SMS) messages, WhatsApp, e-mails, promotional and marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Platform and promotions that are undertaken by the Company.
9. LINKS TO THIRD PARTY WEBSITES
The Platform may contain links for interacting with the website of third parties (especially for the purpose of payments and shipment tracking). We are not responsible for and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, We strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
10. USE OF THE PLATFORM
- You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
- is misleading in any way;
- is harmful to minors;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number);
- provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information or information of other visitors of the Platform, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other visitors of the Platform;
- engages in commercial activities without Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising, etc.;
- interferes with another visitor’s use of the Platform;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
- refers to any Platform or URL that, in Company’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms;
- deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another visitor;
- is in the nature of an online game that is not verified as a permissible online game;
- is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; and/or
- violates any applicable law for the time being in force.
- You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge than in no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s account at any time.
- You agree and acknowledge that You shall not use the Platform for any illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Platform. You further agree and acknowledge that you shall use the Services provided on the Platform only for your personal use and not for business purposes.
- We shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure your compliance with these Terms or applicable laws, at our sole discretion.
11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- Other than the trademarks, logos, service marks displayed on the Platform that are the property of third parties, the Company solely and exclusively owns all copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s branding, the Platform’s design, and all content created by the Company, including the furniture designs displayed on the Platform (collectively, “Platform Content”). Platform Content is protected under applicable Indian law.
- Through your use of the Platform, by no means are any rights impliedly or expressly granted to you in respect of such Platform Content. Company reserves the right to change the Services and/or the Platform Content (as the case may be) from time to time at our sole discretion.
- You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Platform, including his/her use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services; or (i) derive any confidential information, processes, data or algorithms from the Platform.
- Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.
12. REPRESENTATIONS
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
13. LIMITATION OF LIABILITY
- You hereby acknowledge that Company shall not be held liable to you for any claims, liabilities, losses, costs or damages including but not limited to special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.
- Company shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of Content (defined below); (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (d) any loss of your data arising from any use of or inability to use any parts of the Platform; and/or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.
14. DISCLAIMER OF WARRANTIES
The platform and all information, content, materials and services included on or otherwise made available to you through the platform (collectively, "Content") are provided by company on an "as is," "as available" basis, without representations or warranties of any kind.
Company makes no representations or warranties of any kind, express or implied, as to the operation of the platform, the accuracy or completeness of the content and the accuracy of the information. No advice or information, whether oral or written, obtained by you from company or through or from the platform or content shall create any warranty. Company shall have no responsibility for any damage to your devices or loss of data that results from the download of any content, materials, document or information. You expressly agree that the use of the platform is at your sole risk. Company will not be liable for any damages of any kind arising from the use of the platform or the content including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, company disclaims any and all representations and warranties with respect to the platform and its content, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
The content available on the platform is solely for general informational and entertainment purposes and does not amount to any opinion and/or advice by company. You shall be solely responsible for any decisions taken based on any content available on the platform. Company shall not be liable for such content or any direct or indirect consequences thereof.
15. INDEMNIFICATION
You shall indemnify and hold harmless the Company, its licensors, licensees, proprietor, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed or losses, damages incurred due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any applicable law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party, including another visitor of the Platform.
16. PRIVACY POLICY
Please review the Privacy Policy, which also governs your visit to the Platform, to understand Company’s privacy practices. The information/data provided to Company by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.
17. ASSIGNMENT
You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Company’s prior written consent. Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
18. GOVERNING LAW AND DISPUTE RESOLUTION
This Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Kochi, Kerala. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Kochi, Kerala.
19. SEVERABILITY AND WAIVER
These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between You and the Company with respect to the Services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect thereto and govern your future relationship with the Company. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
20. GRIEVANCE REDRESSAL MECHANISM
For registering your concerns, complaint or grievances, please write to the below mentioned designated officer of the Company at the below-mentioned email address in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.
Name: Neenu Jacob
Mobile No: +91 9995556618
Email: contact@recreationhouse.com
21. HOW TO CONTACT US
If you have questions or concerns about these Terms, please contact the Company at the following email address: contact@recreationhouse.com