Terms and Conditions
Luxury Abode provides an online/digital platform and also applications for smartphones /tablets or any similar device/s on which you can search, find, buy, negotiate and conclude transactions for luxury products / services listed on the Luxury Abode website (www.LuxuryAbode.com, www.LuxuryAbode.in) (hereinafter referred to as the "Website").
The use of any services (hereinafter referred to as ôServices") provided by LuxuryAbode or access to its content gives the user the status of User (hereinafter referred to as "User").
The Website displays information on products, services, advertisements, links, ad banners, editorials and content supplied by professional & private luxury dealers / service providers who are registered on Luxury Abode (hereinafter referred to as the "Content") as well as Luxury Abode team. All buying/selling/service availing transactions are between the seller and buyer and Luxury Abode does not receive or process payments between the seller and buyer. Most sellers pay a subscription fee to Luxury Abode to list their luxury products on the Website. However, in some cases sellers may opt to pay commission to Luxury Abode upon a successful sale / transaction. Even in such cases Luxury Abode does not receive or process payments between the seller and buyer.
Your use of the Website or any transaction through the Website is subject to these terms and conditions.
These terms and conditions, including any changes/updates to these terms and conditions and Luxury Abode policies are the "Terms and Conditions" with regards to your use of the services availed through www.LuxuryAbode.com (the "Website"), and also applications for smartphones /tablets or any similar device/s an online platform operated by Realspace Assets LLP, an Indian company registered at Mumbai, India ("Luxury Abode", "us", "our" or "we"). These terms and conditions govern your use of the Website and Luxury Abode does not become a party to any transaction between a buyer and seller under any condition whatsoever.
Luxury Abode Services & Fees
Buyers or Users have free access to the services and have to pay no fees to use the Website. Luxury products / services on the Website are posted with the prices declared by the advertisers/sellers and not decided by Luxury Abode. The Website makes the following services available to sellers and Luxury Abode reserves the right and discretion to outsource any or all of these services to outside parties /entities.
Listing products/services on the Website
Luxury sellers/service providers can choose to enlist their products/services for free on the Website during a temporary trial period or choose to enlist under the premium category their products/services on the Website after paying a subscription fee or choose to enlist their products/services on the Website after signing a success based commission model. Luxury sellers/service providers can also choose to join for free under the temporary trial period and then upgrade subsequently to the premium or higher category if they wish. The Website reserves the right and discretion to continue displaying or discontinue displaying every seller/service provider who joins under the free temporary trial period. Every seller/service provider has to ensure the quality of the product/service displayed on the Website and share maximum details of the product/service with original/clean photographs and describe the condition of the product/service in all honesty for the buyers/Users visiting and seeing their products/services on the Website.
Any fee/charges have paid upon choosing or upgrading to any paid/premium membership category.
Upon choosing or upgrading to a paid/premium membership category by the luxury seller/service provider, the seller/service provider is obliged to pay the relevant fee/charges to Luxury Abode even after cancellation of the same. The listings would be removed from the Website in such a circumstance. However the fees would remain nonrefundable and would be retained by Luxury Abode.
You accept and agree and confirm that Luxury Abode's acceptance of your product/service for listing on the Website does not warrant the sale of your product/service through the Website or any of its services. Your posting of your product/service on the Website under the free trial period or under any paid/premium membership category or your paid advertisements on the Website does not guarantee sale and you keep Luxury Abode completely indemnified in this regard.
Luxury Abode reserves the right to not accept or to not publish any brand/membership requests/product/service listings/advertisement for any reason and is not obligated to reveal the same. Your brand/product/service listings can only go live on the Website after an approval from Luxury Abode team. Luxury Abode will not charge you any fee without first approving your paid/premium membership/ product /service / advertisement listing request.
Luxury Abode Digital Agency Service
Digital agency service provided by Luxury Abode is a paid service AND anyone (Users/sellers/service providers/members availing our digital service/s SHALL have to pay for it separately as per the cost of the service availed)
Luxury Abode offers customised services to sellers assisting them with the conclusion of transactions, including but not limited to, marketing, photography, consultancy and other such services. Marketing fees will be agreed between Luxury Abode and the seller on an individual basis. You accept and agree that use of the marketing services does not guarantee that your product will be sold by Luxury Abode or through the Website or any of its services.
Luxury Abode will classify you as a professional dealer and NOT as a private seller as per its own discretion derived but not limited to the following factors:
a) :You are a licensed product dealer or a service provider
b) :You are selling multiple products or offering multiple services
c) :Any other
Abusing of services
If Luxury Abode believes you are abusing the services or exposing or potentially exposing Luxury Abode to any legal risk, not acting in good faith or otherwise acting in breach of these Terms Luxury Abode shall, at its sole discretion, suspend or terminate all or part of your account or your access to the services, without prior notice.
Through the Website Luxury Abode offers sellers and buyers the opportunity to communicate with one another through the online platform, whether by private or public messaging. Luxury Abode recommends buyers obtain as much information as much information as possible about products prior to transacting with sellers. You keep Luxury Abode completely indemnified against any loss/damages occurring through your communication/transaction with any registered member or User on Luxury Abode.
Using LuxuryAbode Website
The usage of LuxuryAbode.com and availing the promotional/marketing/advertising or any kind of service provided by Luxury Abode are meant for persons who are competent to form legally irrevocable contracts under applicable law. Therefore our Services that include promoting products/services are not meant for minors. When you sign up to promote your luxury business in any way on Luxury Abode you confirm and declare that you are an adult and have completed 18 years of age and are competent to of form legally irrevocable contracts and sign legal agreements.
Use of the Website provides you with various options to upload, share, gather, post, distribute, offer and post content and Matter. Matter would mean written content, videos, photos, images, comments, any other up loadable material and information, including any kind of patented work, trademarks and materials that carry copyrights and any kind of matter whatsoever (the "Content"). Luxury Abode reserves the right and discretion to delete, edit or alter any Content including products and services without notifying and without assigning any reason to any one whatsoever.
Content posted on the website is not controlled by Luxury Abode and Luxury Abode does not guarantee or provide warranty for the correctness, precision, authority or standard of the Content including the products/services posted on the Website. During the usage of the services and while surfing/using the Website you will not under any circumstances whatsoever:
a.) breach any laws/protocols, third party rights (which would include but is not limited to intellectual property rights) or the Terms and conditions as mentioned here.
b.) You will also NOT upload, share, post, forward, submit or communicate any mischievous, fallacious, misleading, deceptive, false, malicious, violating, pornographic, immoral, dirty, indecent, illegitimate or illegal information.
You will also NOT cheat, mislead or do fraud with Luxury Abode or users of the Website and services.
You will NOT transfer or share spam, junk mail, surveys or other forms of mass messaging to other users on Luxury Abode.
You will NOT upload any material that is offensive to any religion, caste, country, race or ANY ONE whatsoever.
You will NOT post any material as a form of political propaganda or religious propaganda on the Website.
Posting products / Offering Services
Members selling products or offering their services through Luxury Abode will upload or list products or services that they complete and legal rights to trade in. Members will produce proof that confirms their legal and valid rights to deal in the products or services that they list on Luxury Abode. Members will also ensure that they will not list products or services that they are not legally entitled to deal in and will infringe on any person/company's rights whatsoever. You shall honor all your commitments that you have made while listing your products or services while delivering those products or services to actual users or customers that contact you through Luxury Abode. You Shall NOT imitate third parties with the purpose of cheating, defrauding or deceiving others through the Website. You shall NOT misuse or disrupt the Website by deliberately or ignorantly initiating or launching viruses, Trojans, worms, logic bombs or other malicious or any other kind of malicious programs or damaging materials to the Website. You Shall NOT edit, alter, modify, copy, distribute, display, reproduce, publish or licence any Content on Luxury Abode under any condition whatsoever.
You grant Luxury Abode a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and sub-licensable right to your Content and you waive your moral rights in your Content and as such you agree that Luxuryabode.com may republish your product information on other websites, search engines, applications, print or other media as Luxury Abode may determine from time to time in its absolute discretion. It is your sole responsibility to pay any and all royalties owed to any person or entity resulting from your Content on the Website.
Registration is available to all Luxury Abode users; however, all sellers are required to register a Luxury Abode account in order to list products. If you choose to become a Luxury Abode member additional products and services may be made available to you. You may use your social media account to register a Luxury Abode account; however if you choose to do so authorise Luxury Abode to access and obtain data stored about you on the social media platform.
By registering an account you agree to (i) provide true, accurate and complete personally identifiable information about yourself; (ii) provide true, accurate and complete information about your Content; and (iii) maintain and update your personal information.
In order to complete the registration process you must provide Luxury Abode with a username, password and email address. You must not transfer or provide third-parties with your Luxury Abode account details. You are responsible for maintaining the security and confidentiality of your username and password and will be held personally responsible for any and all activities conducted through your account.
You will immediately notify Luxury Abode of any unauthorised use of your account or any other breach of security that you become aware of.
Disputes And Refunds
All transactions are concluded directly between the seller and buyer on the terms stipulated by the seller or as agreed between the parties and as such Luxury Abode is not a party to the transaction and does not offer refunds. Buyers will only be entitled to a refund where private sellers have created their own refund policy.
Sellers and buyers are responsible for ensuring that they have agreed to, and specified, all relevant conditions of sale and specifications for the listed products set out by the sellers, including but not limited to specifications on pricing, specifications, quantity, quality standards, inspection, shipping etc.
Luxury Abode is under no obligation to become involved in disputes between users, or between users and third parties. Including, but not limited to, in respect of delivery of goods or any other terms, conditions, warranties or representations associated with the product listed on the Website or intellectual property rights. However, Luxury Abode is under NO obligation to assist with or resolve any dispute/s between users or between users and third parties or between sellers/service providers and buyers/users.
You agree not to hold Luxury Abode responsible for any claims or damages of any kind, whether known or known, suspected or disclosed arising out of or connected to any dispute between users or with a third party.
Disclaimer of Liability
Luxury Abode does not provide any warranty in relation to the quality or fitness for purpose of the products/services advertised on the Website or endorse the reliability, accuracy or completeness of any Material published on the Website or through links published on the Website. All Content you access through the Website and services is at your own risk, it is your responsibility to seek independent advice and valuations where you view this to be necessary or appropriate with regards to your use of the services and Website. You agree and confirm that your use of the Luxury Abode Website and the service is totally at your own risk. The Luxury Abode site and the service are only provided on an "as is" basis, with no warranties of any nature whatsoever. Luxury Abode explicitly disclaims any guarantee/assurance/warranty for any product / service featured /listed/advertised on the Luxury Abode site or available after visiting any site through any links on the Website.
Luxury Abode SHALL NOT be liable for any damages of any kind, resulting from any aspect of your use of the Website or the service, irrespective of how the loss/damages have been caused under any circumstances WHATSOEVER. These similar conditions would also apply in case you are subject to any loss/damages by using other services or products that are promoted / showcased/advertised on Luxury Abode site or any promoted links in the form of banners, etc. on the Luxury Abode site.
These Terms do not intend to limit or exclude liability for death or personal injury caused by the negligence or fraudulent misrepresentation of Luxury Abode, its employees or agents and nothing is intended to affect your statutory rights. All express and implied warranties are expressly disclaimed. Luxury Abode disclaims any warranties for inter alia the security, reliability, timeliness, accuracy, and performance of the website.
Luxury Abode shall NOT be liable for any exceptional, direct, indirect, penal, legal incidental or resulting damages of any kind whatsoever, which may be based in contract, wrongdoing, negligence, inaction or otherwise or are in any way connected with these Terms, use of the services, a failure or delay or any actions or inactions of a User/Seller/Service provider.
This clause will survive and WILL continue to apply even after the expiration or termination of this agreement.
Your Liability To Luxury Abode
You represent and warrant the accuracy and truthfulness of all information and Content provided by you (including but not limited to contact details) and submitted by you on the Website. You are solely responsible for any resulting damage or loss to any party who places reliance on any information or Content provided by you and warrant that the Content you submit does not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have been granted the relevant permissions from the owner of the material.
You represent and warrant that the use or other exploitation of the Content submitted by you will not infringe or violate the rights of any third-party, including but not limited to privacy rights, publicity rights, copyrights, contract rights or any other intellectual property rights.
You represent and warrant that your use of the Website and services will comply with the terms and conditions set out in these Terms and any other requirements or directions issued by Luxury Abode from time to time.
You represent and warrant that where Luxury Abode allows you to email friends details of a product, the person to whom the email is addressed has consented to the email being sent and indemnify Luxury Abode against all actions, claims and demands arising out of or in respect of sending the email.
If you are a seller/service provider, you also declare and confirm in all honesty that you are the rightful owner of all products / services listed by you and that you have authority to sell such products / provide such services and you are doing this act entirely on your wish and your risk.
You agree to indemnify Luxury Abode and any Luxury Abode users against any loss incurred as a result of any unauthorized use of your account or password.
You agree to indemnify Luxury Abode against claims, causes of action and damages arising from the removal of a product listing pursuant to intellectual property infringement claims.
You agree to indemnify Luxury Abode from and against any and all losses, damages, claims, liabilities (including any legal costs or other costs) which may arise directly or indirectly from any breach of these Terms, your use of the services or Website or any claim made by another user against you or Luxury Abode as a result of your actions or omissions.
These Terms supersede all prior understanding between you and Luxury Abode. To the extent of any inconsistency between these Terms and any additional terms regarding bespoke services, the terms of the bespoke services will apply.
You may cancel your account at any time, if you choose to do so you agree that Luxury Abode are entitled to recover the cost of any services provided to the point of cancellation and your information will be retained in accordance with the Privacy Statement. Luxury Abode reserves the right to cancel any unconfirmed or inactive accounts at any time, without providing further notice. All these Terms and conditions do not create or intend to create any partnership, agency, association, joint venture, employee-employer and franchisor-franchisee relationship between you and Luxury Abode under any circumstances whatsoever.
Luxury Abode reserves the right and discretion to assign or transfer its rights and obligations under these Terms without your prior consent provided such assignment or transfer is on the same Terms to any company/party or individual as per the choice of Luxury Abode.
If any part of these Terms and conditions is deemed unlawful, void, voidable or is otherwise unenforceable the relevant part of these Terms shall be removed or deleted from the Terms and conditions and considered ineffective without altering the surviving Terms and conditions or influencing the plausibility or implementation of these Terms and conditions.
Any failure to impose or delay in implementing any of the rights mentioned in the Terms and conditions on the part of Luxury Abode shall not mean and should not be considered to be a renunciation or waiver of such right.
Luxury Abode will not be liable or be held responsible for any disruption, delay, failure or discontinuation of the services that result in some way or the other or directly or indirectly due to force majeure or due to natural calamities or reasons or from an act of nature or reasons beyond Luxury Abode's rational power.
These Terms and conditions are governed by the laws of laws of India.
If you have an issue or complaint about Luxury Abode, you are welcome to contact us at support@LuxuryAbode.com
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