Terms of use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of our website.
Under this agreement, MyGhosla means “MYGHOSLA DESIGNS PRIVATE LIMITED”, which is promoting www.myghosla.com, and “client or “you” or “yours” means person/company/any association of people of any form as mentioned in registration form.
MyGhosla may change these Terms & Conditions at any time without notice. Changes will be posted on the website under "Terms & Conditions". Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.
1. Registration:
As part of the registration process, you must select a username and password and provide the website with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access. Confirmation of registration on www.myghosla.com will be emailed to the email ID provided in the registration form. MyGhosla reserves the right at all times to disclose any information as MyGhosla deems necessary to satisfy any applicable law, regulation, legal process, or Governmental request.
You will receive a password and account designation upon completing the Services registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
- Immediately notify contact@myghosla.com or any unauthorized use of your password or account or any other breach or securit,
- Ensure that you exit from your account at the end of each session. MyGhosla cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Registration with www.myghosla.com is subject to acceptance of the following terms & conditions by you:
2. General Obligations:
You shall access our website only for lawful purposes and you shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of our web site. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derive works from, transfer or sell any information, products or services obtained from this website. You shall not create a hypertext link to the website or “frame” website, except with the express advance written permission from MyGhosla.
You confirm to us that you are 18 years of age or over and have the legal capacity to enter into this agreement with us and that all information you provided in respect of your use of the service is true and accurate to the best of your knowledge and belief. You are responsible for the security of your password and for all information downloaded using your password through our service.
3. Limitation of Liability:
MyGhosla shall not be liable to you save as expressly provided for in these terms and conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise arising out of the use of the service or connection to the website. To the maximum extent permitted by law, MyGhosla and/or its associates hereby disclaims all warranties, terms and conditions with regard to this information, products and services including all implied warranties, terms and conditions, by statute, collaterally or otherwise, of satisfactory quality fitness for a particular purpose, title and non-infringement and in no event, shall MyGhosla and/ or its associates be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of this website whether based on contract, tort, strict liability or otherwise, even if MyGhosla or any of its associates has been advised of the possibility of damages.
While all attempts are made by our online firewall and antivirus system to filter and restrict entry of virus and unscrupulous data into the network, MyGhosla is not responsible for any loss or corruption of data resulting from either direct or indirect downloads from the network.
The website assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
4. Accuracy of Information:
We shall use reasonable endeavors to check the accuracy of the information published on this website. We give no warranty as to the accuracy of such information given on our website and reserve the right to amend and vary the contents of this website from time to time without notice. The MyGhosla Sites/Services may contain links to third party websites (linked sites). You may, through hypertext or other computer links, gain access to web sites operated by persons other than the website Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that the website is not responsible for the content or operation of such web sites, and that the website shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that the website endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Web Site..
You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any transactions with third parties including advertisers on this website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MyGhosla shall not be responsible or liable for any part of any such dealings or promotions.
5. Exclusion of Liability:
We shall not be liable to you for any of the following types of loss or damage arising out of your use of our website and the services whether in contract or tort including any liability for negligence howsoever arising out of or in connection with the performance of our obligations in the provision of the website and this service:
- Loss or revenue, business, anticipated savings or profits; or,
- Any indirect or consequential loss howsoever arising.
6. Exclusion of other Warranties /Remedies:
You acknowledge and agree that in entering into the agreement, you do not rely on and shall have no remedy in respect of any statement, representation or warranty given by any person (including as to condition, quality and fitness for purpose). All warranties implied by statute, common law, custom or otherwise as to the standard of the service and the accuracy of any information (other than fraudulent misrepresentation) provided on this website are hereby excluded.
7. Website Contents:
All content and software under predesigned homes plans and online consultancy section of www.myghosla.com that is made available to view and\or download in connection with the www.myghosla.com Sites/Services, is owned by and is the copyrighted work of MyGhosla and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the third party software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).
No part of MyGhosla copyrighted material, published over this site shall be reproduced in any form whether electronically or otherwise without the prior consent of MyGhosla other than temporarily in the course of using the www.myghosla.com service or to keep a record of transactions entered into using the service.
Parts of the Site contain advertising/other material submitted to www.myghosla.com by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and MyGhosla will not be responsible for any claim, error, omission or inaccuracy in advertising material.
MyGhosla does not endorse or guarantee on quality of any goods and services that are being promoted by the vendors of such goods and services through the medium of www.myghosla.com. Any transactions with third parties including advertisers in this website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MyGhosla shall not be responsible or liable for any part of any such dealings or promotions.
8.Termination:
MyGhosla may at any time at its sole discretion and without giving any reason or any prior notice terminate or temporarily suspend your access to all or any part of the website.
9.ANTI-HACKING PROVISION:
You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:.
- use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
- In any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its content;
- violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
- take or attempt any action that, in the sole discretion of this Web Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation's infrastructure.
10.FORCE MAJEURE:
Neither we nor any of our affiliates are liable for any kind of losses caused by non-performance of any kind, as a result of events beyond our control including natural disasters, acts of God, war, terrorism, actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event").
All of our obligations pertaining to this website and agreement shall be suspended for the duration of such Force Majeure Event.
11.Governing Law:
This agreement and your use of the website is governed by Indian Law and the courts of Chandigarh, India, as if the agreement was a contract wholly entered into and wholly performed within Chandigarh, and you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chandigarh, India in all disputes arising out of or relating to the use of www.myghosla.com Sites/Services. Use of the www.myghosla.com Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
12.Severability:
Each of the provisions of these terms and conditions shall be separate and severable. Should any provision be invalid or unenforceable, it shall be severed from the terms and conditions, and the remaining provisions of these terms and conditions shall continue in full force and effect and be amended so far as possible to give valid effect to the intentions of the parties under the severed provision.
13.Waiver:
The failure to exercise or delay in exercising any right or remedy under this Agreement shall not constitute a waiver of the right or remedy waiver of any other rights or remedies under this Agreement or at law. A waiver by us of any terms or conditions in any instance should not be considered to be a waiver of any term or condition for the future or of any term or condition for the future or of any subsequent breach.
14. No Partnership:
Nothing in this agreement shall operate so as to create a partnership, joint venture, an agency relationship or employment of any kind between you and us.
All rights not expressly granted herein are reserved.
15. No Partnership:
These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of the MyGhosla, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import
These Terms were last updated on November 1, 2016.
CANCELLATION POLICY
For “Pre-Designed Home Plans”, all sales on MyGhosla.com and subsequent customization/modification are final and no request for refunds, cancellation, exchange, return of plans will be entertained irrespective of the status of project’s fulfillment. The client may at his/her own discretion continue to avail the paid services and fulfillment will be governed by terms of the “Service Agreement” entered into by the client at the time of purchase. For “Renovation” and “New Design” services, the client may choose to discontinue, request cancellation of service within 7 days of payment for said services, and MyGhosla will consider such requests and subject to status of project fulfillment may refund up to maximum of 50% of the payment received for such services.
REFUND POLICY:
For “Renovation” and “New Design” the refunds will be initiated after the cancellation request has been approved by MyGhosla. Mode of refund will be the same as mode of payment and the refund time frame will be as stated below:
| Payment Method | Refund Method | Refund Time-frame (After the cancellation request is approved by Myghsola) |
|---|---|---|
| Credit Card / Debit Card | Credit Card / Debit Card | 7-11 Business Days |
| Net Banking | Net Banking Account (Credited to Bank Account) |
7-13 Business Days |
PRIVACY POLICY
Effective as of 1st October, 2017, MyGhosla Designs Private Limited (“MyGhosla”) and its subsidiaries, (collectively, “we” or “us” or “our”) comply with the following Privacy Policy (“Policy”).
1. Introduction:
This Policy details our commitment to protecting the privacy of individuals who visit our Websites (as herein defined) (“Website Visitors”), who register to use our Services. For the purposes of this Policy, the term, “Websites”, shall refer collectively to www.myghosla.com as well as the other websites that link to this Policy.
2.Scope Of This Policy:
In this Policy, personal information means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity
Our Websites may contain links to other websites and the information practices and the content of such other websites are governed by the privacy statements of such other websites. We encourage you to review the privacy statements of any such other websites to understand their information practices.
With the exception of Account Information (as defined below) and other information we collect in connection with your registration or authentication into our Services (as defined below), this Policy does not apply to our security and privacy practices in connection with your access to and use of the products and services which we market for subscription on our Websites (our “Services”). These security and privacy practices, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”), are detailed in and governed by our applicable agreement relating to your access to and use of such services (“Service Agreement”).
We may transfer personal information to companies that help us provide our Services, and such transfers are protected by our Service Agreements with such companies.
3. Information That You Provide To Us:
Account and Registration Information:?We ask for and collect personal information about you such as your name, address, phone number, email address, instant messaging ID, and credit card information, as well as certain related information like your company name and website name, when you register for an account to access or utilize one or more of our Services (an “Account”)
If you sign-up for an Account, you are not required to enter your credit card information unless and until you decide to purchase our Services. A third-party intermediary is used to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on our behalf.
We refer to any information described above as “Account Information” for the purposes of this Policy. By voluntarily providing us with Account Information, you represent that you are the owner of such personal data or are otherwise authorized to provide it to us.
Other Submissions:?We ask for and collect personal information from you when you submit web forms on our Websites or as you use interactive features of the Websites, including, participation in surveys, contests, promotions, sweepstakes, requesting customer support, or communicating with us.
4. Information That We Collect From You on our Websites:
Cookies and Other Tracking Technologies:?We and our authorized partners use cookies and other information gathering technologies for a variety of purposes. These technologies may provide us with personal information, information about devices and networks you utilize to access our Websites, and other information regarding your interactions with our Websites.
We partner with third parties to either display advertising on the Websites or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on our Websites and other sites in order to suggest advertisements based upon your browsing activities and interests. Please note this does not opt you out of being served ads and you will continue to receive generic ads.
Web beacons, tags and scripts may be used on our Websites or in email or other electronic communications we send to you. These assist us in delivering cookies, counting visits to our Websites, understanding usage and campaign effectiveness and determining whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our third-party service providers on an individual and aggregated basis.
We use Local Storage Objects (“LSOs”) such as HTML5 to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs. Third parties with whom we partner to provide certain features on our Websites or to display advertising based upon your Web browsing activity use LSOs such as HTML5 and Flash to collect and store information.
Logs:?As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when you interact with our Websites and Services. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect personal information to information gathered in our log files as necessary to improve our Websites and Services. In such a case, we would treat the combined information in accordance with this Policy
Analytics:?We collect analytics information when you use the Websites to help us improve them. We may also share anonymous data about your actions on our Websites with third-party service providers of analytics services.
5. Information Collected From Other Sources:
Social Media Widgets:?The Websites include social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our Websites. These features may collect your Internet protocol address, which page you are visiting on the Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Websites. Your interactions with these features are governed by the privacy statement of the companies that provide them
Information From Third Party Services:?We may also obtain other information, including personal information, from third parties and combine that with information we collect through our Websites. For example, we may have access to certain information from a third party social media or authentication service if you log into our Services through such a service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third party social media or authentication service is in accordance with the authorization procedures determined by that service. By authorizing us to connect with a third party service, you authorize us to access and store your name, email address(es), current city, profile picture URL, and other personal information that the third party service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on these third party services to understand and change the information sent to us through these services
6. How We Use Information That We Collect:
General Uses: ?We use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including to (a) provide, operate, maintain, improve, and promote the Services; (b) enable you to access and use the Services; (c) process and complete transactions, and send you related information, including purchase confirmations and invoices; (d) send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages; (e) send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners. You can opt-out of receiving marketing communications from us by contacting us at admin@mygholsa.com; (f) process and deliver contest or sweepstakes entries and rewards; (g) monitor and analyze trends, usage, and activities in connection with the Websites and Services and for marketing or advertising purposes; (h) investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities; (i) personalize the Websites and Services, including by providing features or advertisements that match your interests and preferences; and (j) for other purposes for which we obtain your consent.
7.Sharing of Information Collected:
Third-Party Service Providers:?We share information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of our Websites, application development, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
Compliance with Laws and Law Enforcement Requests; Protection of Our Rights:?In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement, or as otherwise required by law.
Testimonials:?From time to time, we may post testimonials on the Websites that may contain personal information. We obtain your consent to post your name along with your testimonial. If you wish to update or delete your testimonial, you can contact us at admin@myghosla.com
Blogs:?The Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features (“Interactive Areas”). You should be aware that any information that you post in an Interactive Area might be read, collected, and used by others who access it. To request removal of your personal information from an Interactive Area, contact us at admin@myghosla.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
8.International Transfer of Information Collected:
If you are visiting our Websites from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to India and other jurisdictions in which we operate. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
If you are visiting our Websites from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to India and other jurisdictions in which we operate. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
9. Correcting, Updating and Removing Your Information
Subscribers to our Services may update or change their Account Information by editing their profile on myghosla.com. To make a request to have personal information maintained by us returned to you or removed, please email admin@myghosla.com. Requests to access, change, or remove your information will be handled within 30 days. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received .
10. Business Transactions:
We may assign or transfer this Policy, as well as your account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of our business, stock or assets, or with whom we merge.
11. Supplemental Terms and Conditions for Certain Regions
12.Changes To This Policy:
If there are any material changes to this Policy, you will be notified by our posting of a prominent notice on the Websites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Websites or the Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Websites and the Services.
13.Contact Us:
If you have questions regarding this Policy please contact us by email at support@myghosla.com
PRICING POLICY
All pricing published on our website are available in INR only, and may change without notice.
Due to the very large number of plans and price options offered by Myghosla.com, data entry and other errors inevitably may occur in the text and pricing shown on this website. Consequently, please be advised that Myghosla.com reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Myghosla.com.
All house plans ordered through Myghosla.com are provided as is and Myghosla.com disclaims all other warranties, express or implied, including merchantability or fitness of purpose. The photographs placed online may differ from the actual plans, depending on the modifications performed by the owner/builder. Construction plans may not be returned for credit and/or refund under any circumstances. Mygholsa is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from Mygholsa even if Mygholsa has been advised of the possibility of such damage. It is the customer’s responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from Mygholsa prior to use thereof. In the event any liability is imposed on Mygholsa, Mygholsa’s liability to you or any third party shall not exceed the price paid for Mygholsa’s house plans.
COPYRIGHT POLICY:
All architects and designers plans that are sold through Myghosla.com are protected by copyright.
Purchasing a set of House Plan transfers no right or ownership of the plan to the purchaser. The purchaser has merely purchased a limited license to build that structure one time, and one time only.
The House Plan may not be lent, given away, or sold by the purchaser and is meant for a specific site as identified at the time of purchase of the plan. Use, submission, etc. of Plans for additional sites, plots, building works will be construed as illegal activity and violation of Copyright Act.
Reproduction in any form of the blueprints, house plans, architecture drawings, or any other related artwork without the written consent of the creator is illegal.
If you have any questions regarding this information, please do not hesitate to contact us at +91 – 90198 19820 or email us at support@myghosla.com.
Services Delivery Policy:
| Design Service | Design Development Concept 1 & Concept 3 |
Revisions | Client Revert Time | My Ghosla Delivery | Committed Delivery Schedule | ||
|---|---|---|---|---|---|---|---|
| 3 Free Revisions | Ideal | Max | Softcopy Delivery in Your Account | Hardcopy Delivery at postal Address | NA | NA | |
| Predesign Plans (Without Modification) | NA | NA | NA | NA | 7 working Days after placing Order | 4-7 working Days after electronic Delivery | 30 Days |
| Predesign Plans (With Modification) | NA | 14 Dyas | 3 Days | 7 Days | 7-14 working Days after finalization of Design | 4-7 working Days after electronic Delivery | 30 Days |
| Renovation | 7 Day | 21 Dyas | 7 Days | 14 Days | 7-14 working Days after finalization of Design | 4-7 working Days after electronic Delivery | 45 Days |
| New Design | 7 Day | 21 Dyas | 7 Days | 14 Days | 7-14 working Days after finalization of Design | 4-7 working Days after electronic Delivery | 45 Days |
Notes: Anytime in excess of ideal time for Client response/ approval will not be counted towards committed delivery schedule.
Delays to revert in excess of 14 days after sharing of design revision, will result in project suspension and project will be resumed only on payment of additional charges as applicable