Last updated on 1st November, 2023

Terms & Conditions

Welcome to SelectMyDesigner by Mistry.Store!

The portal, www.selectmydesigner.com (“Website”) is managed and operated by Infraequity Technologies Private Limited (“Mistry.Store” or “We”), a private limited company incorporated under the Companies Act, 2013 with its registered office located at Plot no-24, CRPF Road, Sec – 61, Gurugram, HR 122011 India. Mistry.Store is inter alia engaged in the business of wholesale and retail trade in home improvement sector and sale of their allied and auxiliary products (“Products”), through brick and mortar stores and through it’s Platforms and providing other home design and decor solutions (collectively as “Services”) to the users of the Platforms (“User” or “You” or “Your”)

TERMS AND CONDITIONS FOR USE OF THE PLATFORMS

The terms and conditions for use (“Terms of Use”) along with the applicable policies which are incorporated herein by reference constitute a legally binding agreement between You and Mistry.Store, in connection with the access to or use of the Platforms. You are requested to read these Terms of Use carefully before accessing or using the Platforms.

Mistry.Store may update, modify, amend or change these Terms of Use (including any portion thereof) at any time, with or without any prior notice. It is Your responsibility to periodically review these Terms of Use for any update and changes and Your continued use of the Platforms will be considered as Your deemed acceptance to such updates and changes.

Accessing, browsing or otherwise using the Platforms will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under these Terms of Use and binding policies hereof. By using the Platforms, You signify Your acceptance of these Terms of Use, declare to have carefully read, understood and agree to be legally bound by them. If at any time, You do not agree or wish to be bound by these Terms of Use, You may not access and use the Platforms. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, access and use the Platforms.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.

In addition to these Terms of Use, You may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Mistry.Store shall not be held liable for any transaction between the User and any such third parties.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORMS INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

REGISTRATION

Registration. In order to avail the Services or certain features on the Platforms You may be required to register and set up an account on the Platforms (“Account”). Registration is a one-time process and is free of cost. You may register and create an Account in one of the following ways:

  • By creating a professional (“PRO”) account on SelectMyDesigner: by providing the relevant information for the creation of Your Account on the Platforms. Following this, an account with an exclusive user name and password (basis Your inputs) will be created by Mistry.Store for You.

We may, but shall not have any obligation to, at our sole discretion ask for the verification of Your Account and information provided by You and hence, it is advisable to provide valid and correct information e.g. like email address or mobile number etc. while creating an Account. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your Account on the Platforms.

You authorize Us to:

  • collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the device from where the application was accessed;
  • either directly, or through third parties, verify and confirm information in Your profile;
  • contact You using the information in Your profile and provide promotional materials that may be of interest to You;
  • use any and all of the information provided by You to create Your profile; and
  • modify, limit or delete Your profile as may be required.

USER WARRANTIES AND RESTRICTIONS

You shall use the Platforms for reasonable and lawful purposes only and shall not indulge in any activity that is unlawful or harmful to the Platforms or its content. You are provided with a limited license to access and use the Platforms, solely for the purpose of availing the Services, subject to these Terms of Use. You shall not:

  • Delete or modify any content on the Platforms, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  • Decompile, reverse engineer, or disassemble the content;
  • use any automated systems to extract data from the Platforms or use data mining, robots, or similar data gathering and extraction tools;
  • engage in any form of fraudulent traffic generating methods including use of robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic;
  • engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User's requirements;
  • engage in commercial activities and / or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platforms;
  • circumvent or manipulate our Platforms, Services, registration process, billing system, or attempt to do so;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platforms or Our systems or networks, or any systems or networks connected to Us;
  • print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or information posted by any User other than You;
  • use or attempt to use another person's profile;
  • attempt to gain unauthorized access to any portion or feature of the Platforms, or to any server, computer, network, or to any of the Services by hacking, password "mining" or any other illegitimate means;
  • probe, scan or test the vulnerability of the Platforms or breach the security or authentication measures on the Platforms;
  • Use the Services in any way that is unlawful, or harms Mistry.Store or any other person or entity, as determined is Mistry.Store’s sole discretion;
  • Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
  • Make false or malicious statements against the Services, the Platforms or Mistry.Store;
  • Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platforms and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platforms and/or the Services;
  • Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or
  • Post or upload any content that is libellous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
  • Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:
  • belongs to another person and to which they do not have any right;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonates or defames another person; or
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
  • You are solely responsible for maintaining the confidentiality of Your Account information and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your Account. You are requested to safeguard Your password and Your Account and make sure that others do not have access to it. You agree to accept responsibility for all activities that occur under Your Account or password. It is Your responsibility to keep Your Account information current and accurate. You shall take all steps to ensure that Your password is kept confidential and secure and You agree to: (a) immediately notify Mistry.Store of any unauthorized use of Your Account or any other security breach; and (b) ensure that You exit from Your Account at the end of each session. Mistry.Store will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Mistry.Store or any other user due to unauthorized use of Your Account, resulting from the failure to keep Your Account information secure and confidential.

Transaction on the Platforms is available only to persons who are competent to contract under the Indian Contract Act, 1872. You represent and warrant to Mistry.Store that: (a) You are 18 (eighteen) years of age or older and You shall not fall within the definition of “incompetent to contract” within the meaning of Indian Contract Act, 1872; (b) Your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to Mistry.Store in connection with the Platform and/or Services is true and accurate. Mistry.Store reserves the right to terminate Your Account and/ or refuse to provide You access to the Platforms if it is discovered that You are incompetent to contract within the meaning of the Indian Contract Act, 1872 or the information provided by You is inaccurate or if You violate any applicable laws.

CONTENT ON PLATFORM

All information, content, material, text, graphics, images, videos, illustrations, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services contained on the Platforms (“Content”) are and continue to be the sole and exclusive intellectual property of Mistry.Store or the relevant third party, as applicable and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names, trade secrets and Content in relation to the Platforms whether or not displayed on the Platforms, are proprietary to Mistry.Store or the relevant third party.

You agree to protect Mistry.Store's proprietary rights and the proprietary rights of all others having rights in the Services and to comply with all reasonable written requests made by Us or Our suppliers and licensors of Content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services.

No Content from the Platforms or the Platforms or any part thereof may be copied, modified, altered, reproduced, republished, uploaded, posted, transmitted, broadcasted, distributed, sold or transferred (whether in whole or in part) whether, directly or indirectly and You must not assist any other person to do so in any way without the express written permission of Mistry.Store. Any unauthorized use terminates the permissions granted in these Terms.

You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by Us through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, money and constitute valuable intellectual property of Mistry.Store. You further acknowledge that the Services may contain information which is designated as confidential by Mistry.Store and that you shall not disclose such information without Mistry.Store's prior written consent.

The Content provided on the Platforms and the Products are for Your personal use only. Without the prior written consent of Mistry.Store, modification or use of the Content on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights and is strictly prohibited.

The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

Mistry.Store authorises You to view and access Content solely for identifying Professionals. Mistry.Store, therefore, grants to You a limited, revocable license to access and use the Services.

It is expressly clarified that You will retain ownership and shall solely be responsible for any material, review, feedback, comments, images, videos, text, data or any other material uploaded, posted, transmitted or stored by You on the Platforms (“User Content”). You hereby grant to Mistry.Store a royalty-free, perpetual, irrevocable, non-exclusive, unconditional and worldwide right and license to use, adopt, publish, reproduce, disseminate, transmit, distribute, modify, copy, use, create derivative works from, display worldwide, or act on any User Content without additional approval, royalty or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content, and You waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by You to Mistry.Store through the Platforms.

The User hereby affirms that the User Content provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). You may not use any meta tags or any other “hidden text” utilising Mistry.Store's or its affiliates' names or trademarks without the prior written consent of Mistry.Store and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Mistry.Store and / or its affiliates, as applicable.

Any infringement shall lead to appropriate legal proceedings against You at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Mistry.Store's Content in whole or in part except as expressly authorized by Mistry.Store.

You release and indemnify Mistry.Store and / or any of its directors, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on its behalf, Mistry.Store cannot take responsibility or control the information provided by third parties on the Platforms. You may find such information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platforms. Please note that there could be risks in dealing with people acting under false pretence.

MANNER OF USE OF PLATFORM

You acknowledge and undertake that You are accessing the Services provided on the Platform and are transacting at Your own risk and are using Your best judgment before entering into any services provided through the Platform. You may place the orders on the Platform for the Services and at the price indicated therein.

You understand and agree that Mistry.Store has the right to cancel any transaction, listing or acceptance (a) for any reason in accordance with the Terms of Use, or (b) under an order or instruction from any statutory, quasi-judicial or judicial authority.

The price of the Service(s) is displayed in Indian Rupees. The price unless specified otherwise is inclusive of all applicable taxes including GST, customs duty, excise duty or other tax or levy that the User may be required to remit in connection with such a transaction. The price is provided on the Platform on an 'as is' basis. Due to technical reasons, there may be errors in price which may be corrected by Mistry.Store at any time.

You agree and acknowledge that You will have to make the requisite payment for the Products and /or Services availed by You on the Platform. Mistry.Store accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platforms from time to time. The payments made by You through the Platforms for the purchase of the Products and / or Services, is subject to the Fees and Payment Policy, which is incorporated herein by reference.

The availability of the Service(s) under the offer to sell is subject to change without notice prior to the purchase of the Service(s) by the User. However, there may be circumstances where the Service may not be available to be delivered to the User after the purchase transaction. In such an event, You may cancel or instruct Mistry.Store to cancel such transaction without any recourse to You and without any liability to Mistry.Store. If Your order is cancelled after some payments for the order have been processed, the said amounts will be reversed / remitted to the Buyer in accordance with the Agreements.

All information in relation to third parties, including sellers and the Service(s) as available on the Platforms (“Third Party Information”) are provided solely for reference. Mistry.Store is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and You access the Third Party Information at Your own risk.

The material on the Platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platforms is at Your own risk.

We reserve the right, but are not obligated, to limit the sales of the Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that We offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of Mistry.Store. We reserve the right to discontinue any Product or Service at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.

SERVICE WARRANTIES

The warranties related to the Service and after sales services, if any related to Professional Services are subject to the terms provided by the Thrid Party Service Provider of the offered Service. Mistry.Store does not have any control over such warranties and plays no determinative role in the same and hence does not stand liable for the outcomes of such warranty terms.

The User acknowledges that before placing an order for a Service the User has performed a diligence and background check of the professional of the Service offered, their creditworthiness, genuineness of the Service and is entering into the transaction being aware of the warranty terms of the provider.

Mistry.Store shall neither be liable nor responsible for any actions or inactions of the professional service providers nor any breach of conditions, representations or warranties by the Professional Service Providers and hereby expressly disclaim any and all responsibility and liability in that regard.

THIRD PARTY LINKS

Third-party links on the Platforms may direct You to third-party websites that are not affiliated with Mistry.Store. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

DISCLAIMER OF WARRANTIES

Mistry.Store will try to make access to and use of the Platforms error-free. However, Your access to the Platforms may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that Mistry.Store does not take responsibility for any access or use problems that arise from internet related issues at Your end. Mistry.Store reserves at all times the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.

As a means to assist you in identifying the Products or Services of Your choice, Mistry.Store provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Mistry.Store disclaims any guarantee or warranty of exactness of such visual representation or description of the Product or Service, with the actual Product or Service ultimately delivered to You. 

The Services included on or otherwise made available to You through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Mistry.Store makes no warranty or representation and disclaims all responsibility and liability for any harm to Your computer system, mobile, tablet or any other similar device or loss of data, or other harm that results from Your access to or use of the Platforms.

Mistry.Store does not covenant or warrant that:

  • the Services will be made available at all times. Mistry.Store shall have no liability to You for any interruption or delay in access to the Platforms, irrespective of the cause;
  • the operation of the Platforms, including the functions contained in any Content, information and materials on the Platforms or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platforms or the servers that make such Content, information and materials available are free of viruses or other harmful components;
  • the Content available on the Platforms is complete, true, accurate or non-misleading.

Occasionally there may be information on our Platforms or on the Services that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, transit times and availability of the Products or Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Platforms is inaccurate at any time without prior notice (including after You have submitted Your order). We undertake no obligation to update, amend or clarify information in the Service or on the Platforms, including without limitation, pricing information, except as required by law.

USER GENERATED CONTENT

You may make comments, write certain reviews, send certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials or any other user generated content whether online, by email, by postal mail, or otherwise (“UGC”). Accordingly, the Platforms may contain UGC. Mistry.Store does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any UGC that You may submit or publish on the Platform. After posting any UGC on the Platform, You continue to own the rights that they may have in that UGC, subject to the limited license set out herein below.

You agree that Mistry.Store may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any UGC that You submit to Mistry.Store. We are and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay compensation for any UGC; or (3) to respond to any UGC.

You represent and warrant that : (i) Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right; (ii) Your comments will not contain libellous defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or Platforms (iii) You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Mistry.Store or third-parties as to the origin of any UGC (iv) the UGC is accurate; (v) use of the UGC You supply does not breach any applicable Mistry.Store policies or guidelines or the Terms of Use and will not cause injury to any person or entity; (vi) the UGC is lawful. You agree to indemnify Mistry.Store for all claims brought by a third party against it arising out of or in connection with a breach on any of these warranties.

You are solely responsible for any UGC You submit to Mistry.Store and its accuracy. We take no responsibility and assume no liability for any comments or UGC posted by You or any third-party.

Mistry.Store will do its best to monitor, edit or remove such UGC where it considers it appropriate or necessary to do so. Mistry.Store does not promise that any UGC on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties. Mistry.Store reserves the right, but shall have no obligation, to monitor, edit or remove, at its sole discretion, if we determine in our sole discretion that any UGC violates the Terms of Use or intellectual property rights of any third party or applicable laws or if the UGC is abusive, offensive unlawful, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable. If You see any offensive, abusive, or unlawful content on the Platforms, You can report it to the grievance officer specified herein.

We are committed to removing listing or content on the Platforms which infringes any intellectual property rights of others. To facilitate this, We have a verification process so that the Users who are intellectual property owners could easily report listings or content that infringe their rights. In the event that You believe that Your intellectual property right have been infringed by any of our Users, please email Us immediately at contact us - info@mistry.store along with the information set out below:

  • Description of the alleged intellectual property right that has been infringed along with adequate information to identify the intellectual property, including URL or screen shots of the listing / content on our Platforms;
  • Details establishing that the complainant is the owner or the exclusive licensee of the infringed intellectual property;
  • Details of the person, if known who is responsible for uploading the listing / content, infringing Your intellectual property;
  • Your address, telephone number, and email address.

We will respond to all infringement notices and will comply with all applicable law in relation to the take down of such listings or content on the Platforms. We also reserve the right to terminate a User's account if the User is guilty of such infringement.

When You send Us an infringement notice, You: (i) declare that all statements made by You are true; (ii) acknowledge and agree that We may share Your infringement notice with third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our legal advisors and other third parties; (iii) You agree to indemnify Us in the event Your notice is issued with any malafide intentions and we suffer any losses for taking action based on Your notice.

On receipt of Your notice, we will verify the allegations and if We find that the alleged listing / content is infringing Your intellectual property rights, We shall remove the listing / content within 48 (forty eight) hours of the receipt of Your notice. The decision of Mistry.Store in this regard shall be final and binding.

Mistry.Store has the right to restore listing of the Product in the event that You are unable to prove that the alleged listing / content is infringing Your intellectual property rights. We are further not obligated to respond to any further takedown notices in relation to the same alleged infringements.

PRIVACY POLICY

Your submission of personal information through the Platforms is governed by our Privacy Policy.

 

 

GRIEVANCE OFFICER

The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to processing of information, to the Grievance Officer at:

Infraequity Technologies Private Limited

Customer Service

Mustil No 17, Killa No 24, First Floor, Sector 61, Ullawas Village, Rethoj, Gurugram-122102, Haryana, India

Name: Shivanu Bhateja

Phone: +91-8070880707

Email: info@mistry.store

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms, all transactions consummated between You and Mistry.Store and the relationship between You and Mistry.Store is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Haryana.

Infraequity Technologies Private Limited

CIN No. - U51909HR2022PTC102078

Mustil No 17, Killa No 24, First Floor, Sector 61, Ullawas Village, Rethoj, Gurugram-122102, Haryana, India