- 1. Service.
- 1.1. General. Zylus Interior Design, Dubai provides an online platform of interior design services and interior design advice(“Designer recommendations”) by submitting options of design as contracted by various customers (“Customers”). Customers provide information about their space and taste requirements. Zylus provides designer recommendations for their interior space including Design Concept Preview Proposals (“Design Proposals”), and providing online interior design services including 3D room rendering, shopping list, paint color palettes, moodboards and floor plan, (“Online Décor Package”). “User” means any user of the Site or Service. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are a User, the provisions in this Agreement regarding Users (vendors, employees etc) apply to you. “Winning Designer” means a Designer whose Design Proposal is selected by Customer in an Online Decor Project. “Buying Customer” means the applicable Customer. “Sold Online Decor Package” means the applicable winning Design Proposal and contents of the Online Decor Package and online décor services. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country. Designs issued by Zylus cannot be reproduced; resold; distributed or used for any other commercial purposes.
- Types of Online Decor Projects:Customer may create an Online Decor Project (“Online Decor Project“) by creating a Decor Brief (“Decor Brief“), paying the Customer Payment, and following the other instructions on the Site. There are currently two types of Online Decor Projects: (1) the Default Design Projects and (2) the Customized Design Projects.
- 1.2.a Default Design Project includes 2 or 4 design concept proposals (as chosen by client), selection of winning design, detailed shopping lists, colour schemes, furniture layouts and 3d visuals of the room. Shopping concierge service is available. This project does not include customized details (“Customized Details“) such as custom wall panellings, bespoke joinery and furniture items, CNC details, levels and 3d designs in ceilings and walls, cove lighting and any other items that require detailed customized drawings and maybe defined as bespoke. In Default design projects, Designers appointed by Zylus will submit Design Proposals (“Design Proposals“) in the standard Zylus formats and customer must select one proposal. If client rejects all proposals, 1 extra proposal will be offered with a new designer. If still no proposal is selected, Zylus will retain the Customer Payment and the Customer will have no right to a refund. Customer has sixty (60) days after starting the project to work with the designer, unless otherwise specified by Zylus before the project commencement. Each item of furniture or décor can be revised a maximum of 2 times in this time period.
- 1.2.b Customized Design Project
is a project that in addition to the default design project has customized details as specified above. A customized project can commence in 2 ways: either the customer directly asks for a customized project in which case they will be advised of the fees based on their brief, and design work starts only after customer payment. Or customer takes a default design project and upon seeing the amount of customized details they are requesting, Zylus will advise the customer that it needs to be a customized project. Customer will then be advised of the extra amount payable for such work before any further designing is done. In either case, cost of the project will depend on amount of customization required. Customer must select one winning Design Proposal from the options offered. If client rejects all proposals, 1 extra proposal will be offered with a new designer. If still no proposal is selected, Zylus will retain the Customer Payment and the Customer will have no right to a refund or to use the design proposals. Customer has sixty (60) days after starting the project to work with Zylus on the design, unless otherwise specified by Zylus before the project commencement. Each item of furniture or décor can be revised a maximum of 2 times in this time period. Customer may not: (a) Run a Online Decor Project if Customer is tendering the creation of the same design through a service other than the Site; (b) allow or request Designers to submit Design Proposals or online design services to Customer via any means other than via the Site. Customers and Designers must deal on an arm’s length basis. Customer may not contact a Designer that Customer meets though the Site separately for any purpose which results in Customer avoiding paying though Zylus for future projects with that Designer.
- 1.3. Representations and Warranties.If any user maintains a website advertising interior design services or products relating to Zylus, such online material must incorporate a Zylus badge and link to Zylus’s website in a form determined by Zylus (including, but not limited to, blog posts related to Zylus design projects). All publicly shared photos of Zylus client designs shall include a watermark of Zylus’s name and logo and a link to Zylus’s website. If any public media references or displays work is undertaken for Zylus (including, but not limited to, press releases and blog posts), such media shall include a link and reference to Zylus.
- 2. Payment Terms.
- 2.1. Payment and Delivery.Upon a Sale, Buying Customer will pay the Customer Payment to Zylus. The project is considered complete when Zylus delivers the Sold Online Decor Package to the Buying Customer, in a format specified by Zylus. The “Customer Payment” means (i) the price selected by Customer when Customer created an Online Decor Project as set forth at https://www.zylus.com/interior-design-dubai-faqs; (ii) The price for detailed customized project as is advised to the customer by Zylus, based on their requirement for the amount of customization required. Buying Customer will not pay Designer any amount in excess of the Customer Payment for the Sold Online Decor Package or pay Designer separately outside the Site in relation to the supply of an Online Decor Package, or of an online design service.Multiple shipments/delivery may result in multiple postings to the carholder’s monthly statement.Zylus.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
- 2.2. General Payment Terms.All payment will be in UAE Dirhams. Each User is solely responsible for the payment of all mandatory levies and taxes as per the laws of United Arab Emirates or any jurisdiction of the customer.
We accept payments online using VISA & Mastercard credit/debit card in AED (or any other agreed currency).
If you make a payments for our products or services on our website,the details you are asked to submit will be provider via a secured connection.The cardholder must retain a copy of transaction records and Merchant policies and rules .
Customers and Vendors agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Online Decor Packages via the Site. Zylus is not responsible for collecting, reporting, paying, or remitting to you any such Taxes unless as stipulated under the rules of the government of United Arab Emirates.”Taxes” means any applicable governmental charges which can be termed as taxes or others which may be levied in respect of a transaction covered by this Agreement.
- 2.3 Returns and RefundsRefunds will be paid to Buying Customer using the same payment methods Buying Customer used to remit the Customer Payment to Zylus or via any other method specified by Zylus from time to time. Zylus may refund Buying Customer if the order placed (or request made) by the Customer is found to be fraudulent; the Customer placed a duplicate order (or request) in error. Furniture and decor refunds follow the refund policy of each specific vendor that each item was purchased from and cannot be adjusted by Zylus. The refund will be issued only after vendor accepts the refund claim and issues refund amount to Zylus. Zylus cannot guarantee color accuracy as colors and textures may look different on each Customer’s and Designer’s monitors. Customers are responsible for verifying item sizes before ordering shopping list items as sizes may appear different in 3D renderings. Customers are solely responsible for checking and verifying all Designer Recommendations before ordering shopping list items and/or implementing the Designer Recommendations. Transaction charges levied by the payment gateway shall be deducted on refunds.We accept payments online using VISA & Mastercard credit/debit card in AED (or any other agreed currency)If you make a payment for our products or on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
- 3. IMPORTANT DISCLAIMERS AND RELEASE.
- 3.1. DISCLAIMER.WE MAKE NO WARRANTIES REGARDING THE ONLINE DECOR PROJECT, DESIGN PROPOSALS, SOLD DÉCOR PACKAGE, ANY OTHER PRODUCTS OR SERVICES PROVIDED BY DESIGNERS, CUSTOMERS, OR OTHER USERS AND EACH OF THE FOREGOING ARE PROVIDED BY US “AS IS”. CUSTOMERS BUY ONLINE DECOR PACKAGES AT THEIR OWN RISK. YOU SHALL MAKE ALL INVESTIGATIONS YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY USER. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND ZYLUS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, ZYLUS SHALL BE NOT BE RESPONSIBLE. NOTWITHSTANDING THE FOREGOING, ZYLUS WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 12 AND 13.
- 3.2. RELEASEYou hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, other Users, including Customers and Designers and Third Party Sites & Ads.
- 4. Accounts.In order to use the Service, you must register for an account with Zylus (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by emailing customer support at the contact number below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Zylus of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Zylus cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- 5. User Content.
- 5.1. Your User Content.“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Decor Briefs, Online Decor Projects, Design Proposals, E-Décor Packages and reviews and/or testimonials (“Reviews“). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Zylus. Because you alone are responsible for your User Content (and not Zylus), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Zylus is not obligated to remove any Online Decor Projects, Decor Briefs, Designer Portfolio Items, Design Proposals, Online Decor Packages or Reviews from the Site unless required by applicable Law. Zylus is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
- 5.2. User Content.You hereby grant, and you represent and warrant that you grant, to Zylus an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site and Services; provided that Zylus will only use your Decor Brief, Décor Project, Design Proposals, Designer Portfolio Items, and Online Decor Packages to run applicable projects and promotions. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- 6. Acceptable Use Policy.The following sets forth Zylus’s “Acceptable Use Policy“:
- 6.1. Privacy.You agree that you will only use the information of the Designers or other users made available to you only for the purposes of interacting with them in relation to the Services. You must not use their information for any other purpose, including for marketing purposes. You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of information.
- 6.2. User Content.You agree not to use the Site or Services with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any Laws, or obligations or restrictions imposed by any third party.
- 6.3. Use Restrictions.You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
- 6.4.We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
- 7. Confidentiality and non-competeAll Users shall comply with the confidentiality and non compete clause defined as under. The term “Confidential Information” will mean any and all confidential and/or proprietary knowledge, data or information of the Company, its affiliates, parents and subsidiaries. By way of illustration but not limitation, “Confidential Information” includes (a) trade secrets, inventions, mask works, ideas, processes, formulas, source and object codes, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques (collectively, “Inventions”); (b) information regarding research, development, new products, marketing and selling, business plans, budgets and unpublished financial statements, licenses, prices and costs, pricing and billing policies, quoting procedures, methods of obtaining business, forecasts, future plans and potential strategies, financial projections and business strategies, operational plans, financing and capital-raising plans, activities and agreements, internal services and operational manuals, methods of conducting Company business, suppliers and supplier information, and purchasing; (c) information regarding Customers and potential Customers, including names and their representatives, their needs or desires with respect to the types of products or services offered by the Company, proposals, bids, contracts and their contents and parties, the type and quantity of products and services provided or sought to be provided to Customers and potential Customers, and other non-public information relating to Customers and potential Customers; (d) information regarding any of the Company’s business partners and their services, including their names and their representatives, proposals, bids, contracts and their contents and parties, the type and quantity of products and services received by the Company, and other non-public information relating to business partners; (e) information regarding contractors, consultants, personnel, employee lists, compensation, and employee skills; and (f) any non-public information which a competitor of the Company could use to the competitive disadvantage of the Company. Notwithstanding the foregoing, it is understood that, at all such times, the user is free to use information which is generally known in the trade or industry, which is not gained as result of a breach of this Agreement.Vendors and Employees will hold in strict confidence and will not, either during the term of this Agreement or after the termination of the account, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of whether such person or entity is a competitor of the Company or is engaged in a business similar to that of the Company, any trade secrets or other proprietary or Confidential Information of the Company obtained from or through the services rendered under this Agreement.
- 8. Site.
- 8.1. License.Subject to the terms of this Agreement, Zylus grants you a non-transferable, non-exclusive, license to use the Site and Services
- 8.2. Copyright and IPRYou also agree that our Designers may use their design ideas, including but not limited to their Design Proposals and Online Decor Packages in more than one place. Customers do not own the Intellectual Property Rights to Online Decor Packages and Design Proposals produced by our designers, but are instead purchasing their services.
- 8.3. Certain Restrictions.The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, Customer, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Zylus reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Zylus will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that Zylus will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
- 8.4. Feedback.If you provide Zylus any feedback or suggestions regarding the Site or Services (“Feedback“), you hereby assign to Zylus all rights in the Feedback and agree that Zylus shall have the right to use such Feedback and related information in any manner it deems appropriate. Zylus will treat any Feedback you provide to Zylus as non-confidential and non-proprietary. You agree that you will not submit to Zylus any information or ideas that you consider to be confidential or proprietary
- 8.5. Ownership.Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by Zylus or Zylus’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. Zylus and its suppliers reserve all rights not granted in this Agreement.
- 9. Indemnity.You agree to indemnify and hold Zylus (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Online Decor Project, Design Proposal, Décor Brief, E-Décor Packages, and Reviews), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws. Zylus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Zylus. Zylus will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- 10. Third Party Sites & Ads.The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Zylus and Zylus is not responsible for any Third Party Sites & Ads. Zylus provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
- 11. Term and Termination.Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however we reserve the right to continue to use your User Content. Zylus will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the all applicable provisions of this Agreement will remain in effect.
- 12. Disclaimers.THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NOTWITHSTANDING THE FOREGOING, ZYLUS WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT
- 13. Limitation on Liability.IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
- 14. General.
- 14.2. Governing Law and JurisdictionThis agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Any claims or disputes connected with the performance, interpretation, nullification, termination or invalidation of this agreement in any manner whatsoever shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the DIFC – LCIA Arbitration Centre, Dubai, which Rules are deemed to be incorporated in this Agreement. For the purposes of any arbitration proceedings commenced pursuant to this Article. This Agreement is governed by the laws of England and Wales. All legal costs direct or otherwise for the said arbitration shall be borne by the claimant. The verdict of the Arbitration shall be final.
- 14.3. Entire Agreement.This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Zylus is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Zylus’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
- 14.4. Copyright/Trademark Information.All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- 14.5. Contact Information. firstname.lastname@example.org