TERMS OF USE AGREEMENT
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between MANOHAR DESIGN CO., located at M-85, Veena Nagar, DDU Shyam Nagar, Indore, Madhya Pradesh - 452003, India (“Manohar Design Co.”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Manohar Design Co.’s website: https://www.manohardesignco.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Manohar Design Co. shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Manohar Design Co. for services rendered shall remain and continue to be an ongoing obligation owed by Client to Manohar Design Co.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Manohar Design Co. and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Manohar Design Co. and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of India and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Manohar Design Co.’s express prior written permission. Manohar Design Co. reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Manohar Design Co.’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Manohar Design Co. to become the owner of a Project, in whole or in part, rather than Client, Manohar Design Co. irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Manohar Design Co. as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Manohar Design Co. always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Manohar Design Co. and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Manohar Design Co. will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Manohar Design Co. has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that:
Client has the legal capacity and agrees to comply with these Terms of Use;
Client is not a minor in the jurisdiction of their domicile;
Client will not access the Website through automated or non-human means;
Client will not use the Website for any illegal or unauthorized purpose;
Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Manohar Design Co. on behalf of the Client. Further, Client agrees to refrain from the following:
Make any unauthorized use of the Website;
Retrieve data or content for the purposes of creating or compiling a database or directory;
Circumvent, disable, or otherwise interfere with security-related features on the Website;
Engage in unauthorized framing or linking of the Website;
Trick, defraud or mislead Manohar Design Co. or other users;
Interfere with, disrupt or create an undue burden on the Website or Manohar Design Co.’s networks or servers;
Use the Website in an effort to compete with Manohar Design Co.;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
Harass, annoy, intimidate or threaten any of Manohar Design Co.’s employees, independent contractors or agents providing services through the Website;
Delete the copyright or other rights notice from any Content;
Copy or adapt the Website’s software;
Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;
Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
Disparage, tarnish or otherwise harm Manohar Design Co.;
Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Manohar Design Co. and Manohar Design Co. is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Manohar Design Co. shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Manohar Design Co. for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversight
Manohar Design Co. reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Manohar Design Co. further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Manohar Design Co., without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Manohar Design Co. and shall be designed to protect Manohar Design Co.’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in India. Access of the Website from regions of the world may result in the applicability of laws, statutes or regulations differing from those of India which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data constitutes express consent of Client to the transfer and processing of data in India. Manohar Design Co. does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the applicable laws, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Manohar Design Co. without parental consent, Manohar Design Co. shall delete that information as soon as reasonably practical.
9. Returns and Refunds
Manohar Design Co. reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by Manohar Design Co. are ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Manohar Design Co. reserves the right to take appropriate legal actions regarding the collection of refunds from the Client after work has been completed on the Clients behalf.
10. Modifications and Interruptions
Manohar Design Co. reserves the right to change, modify, or remove the contents of the Website at any time or for any reason at its sole discretion without notice. However, Manohar Design Co. has no obligation to update any information on the Website. Manohar Design Co. also reserves the right to modify or discontinue all or part of the Website without notice at any time. Manohar Design Co. will not be liable to Client or any third party for any modification, price change, suspension, or discontinuance of the Website. Manohar Design Co. cannot guarantee the Website will be available at all times. Manohar Design Co. may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. Manohar Design Co. reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to Client. Client agrees that Manohar Design Co. has no liability whatsoever for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate Manohar Design Co. to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
11. Governing Law and Dispute Resolution
These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of India. Any legal proceeding of any nature brought by either party against the other party to enforce any right or obligation under this Agreement or arising out of any matter pertaining to this Agreement shall be subject to the jurisdiction of the courts of Indore, Madhya Pradesh, India.
12. Disclaimer
The Website is provided on an as-is and as-available basis. Client agrees that their use of the Website and our services will be at their sole risk. To the fullest extent permitted by law, Manohar Design Co. disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Manohar Design Co. makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to the Website and Manohar Design Co. will assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content and materials, (ii) personal injury or property damage, of any nature whatsoever, resulting from Client’s access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. Manohar Design Co. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and Manohar Design Co. will not be a party to or in any way be responsible for monitoring any transaction between Client and any third-party providers of products or services.
13. Limitations of Liability
In no event will Manohar Design Co. or its directors, employees, or agents be liable to Client or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from Client’s use of the Website, even if Manohar Design Co. has been advised of the possibility of such damages.
14. Indemnity
Client agrees to defend, indemnify, and hold Manohar Design Co. harmless, including its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Client’s use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth in these Terms of Use; (4) Client’s violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom Client connected via the Website. Notwithstanding the foregoing, Manohar Design Co. reserves the right, at Client’s expense, to assume the exclusive defense and control of any matter for which Client is required to indemnify Manohar Design Co., and Client agrees to cooperate, at Client’s expense, with Manohar Design Co.’s defense of such claims. Manohar Design Co. will use reasonable efforts to notify Client of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15. User Data
Manohar Design Co. will maintain certain data that Client transmits to the Website for the purpose of managing the performance of the Website, as well as data relating to Client’s use of the Website. Although Manohar Design Co. performs regular routine backups of data, Client is solely responsible for all data that Client transmits or that relates to any activity undertaken using Client’s account. Client agrees that Manohar Design Co. shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Manohar Design Co. arising from any such loss or corruption of such data.
16. Miscellaneous
These Terms of Use and any policies or operating rules posted by Manohar Design Co. on the Website or in respect to the Website constitute the entire agreement and understanding between Client and Manohar Design Co.. Manohar Design Co.’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Manohar Design Co. may assign any or all of its rights and obligations to others at any time. Manohar Design Co. shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between Client and Manohar Design Co. as a result of these Terms of Use or use of the Website. Client agrees that these Terms of Use will not be construed against Manohar Design Co. by virtue of having drafted them. Client hereby waives any and all defenses Client may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
17. Contact Us
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:
Manohar Design Co. Email: manohardesignco@gmail.com Website: https://www.manohardesignco.com/