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Terms Of Services

 

thedesignlift.com is owned and operated by Design Lift LLC, a limited Liability company duly established and registered at the government of Sharjah/ (SHAMS Free trade Zone) and is subject to the rules of UAE international rules governing E-service Trade.

 

Before using our service, may you kindly take a few minutes to read and accept our terms and conditions. If you do not agree to be bound by our Terms, you may not access or use our website service.

Furthermore, your use of our service is subject to the acceptance of our privacy policy.

 

 1) General

The Service is a platform enabling people and companies seeking interior design services ("Clients") to get a custom interior design, including one final design rendering(depending on the selected package), and one revision of the final design based on client’s comments.

  • 1.1) Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available by email and is hereby incorporated by reference into the EULA. By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

 

  • 1.2) Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by Vendors (defined below) for products or services and fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.

 

 

  • 1.3) Eligibility of our service. You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to us: (1) that you are above eighteen 18 years of age, (2) that you have not previously been suspended or removed from the Service, and (3) that your registration and your use of the Service are in compliance with any and all applicable laws and regulations.  If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.

 

2) Registration and Eligibility.

 

2.1) Account Types and Registration: Anyone may browse the public-facing pages of the Website, App, and Service and take the style quiz, but to start the custom project design plan, and get assigned a designer, the client must register.

  • i) Client: To become a Client on Design Lift you must provide your full name, email address, password, phone number, country and city of stay.
  • ii) Designer: To become a Design Lift Designer you apply through “Become a Designer” on Design Lift website and must submit all your details including CV & Portfolio either on the website or by email (info@thedesignlift.com. Design Lift will review the application submitted and reply back within 5-7 business days. Design Lift decision to accept or reject any application is within its sole and exclusive discretion and Design Lift is under no obligation to accept any designer. If accepted by Design Lift, the designer shall agree and sign on the Designer’s agreement and adhere to all it’s terms as a condition of becoming a designer listed on the platform. Design Lift will then create an account for the Designer with personal credentials and access to a personal portal where all communication between design and client, sharing the work, & tracking of project will happen.

 

To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address, phone number, address, some info about your current space or other contact information). 

 

 If you provide “Personal Information” to us then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity. You also agree to keep your “Personal Information” current and to update your information in of your account if any of your “Personal Information” changes. Our collection use and disclosure of your information is governed by this Agreement and our Privacy Policy.

 

Account Security: Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service You agree to notify us immediately of any breach in secrecy of your log-in information If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Design Lift by dropping us an e-mail to info@thedesignlift.com You will be solely responsible for the losses incurred by Design Lift and others due to any unauthorized use of your account.

 

3) Using the Service:

 To use our services, you must first create an account (username and password). You are uniquely responsible for maintaining the confidentiality of your account and password.

You shall be also required to provide us with some information about yourself (such as your e-mail address or other contact information). By providing any information about yourself, you warrant that the information is accurate, recent, and complete. Our collection use and disclosure of your Information is governed by this Agreement and by our Privacy Policy.

You must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

 

3.1) The Design Service

After creating an account, the user shall be asked to choose the type of room to be designed ( bedroom, living room, dining room, kitchen, bathroom..) and to provide detailed information of the room ( space, dimensions, location of doors or windows…) and/or to upload a map or photo of the room.

The user must then select his/her design package (designlift Don't Lift Just Twist or designlift Lift and Twist). After that, the user shall be directed to answer some questions related to his/her budget, material preferences, style and color favourites,…

Based on the provided information and uploaded pictures or maps of the room, the user shall be directed to the proper designer who will make the convenient design recommendations based on the information provided by the user).

Our designer will provide each user two different design concepts to provide feedback on, and then he/she shall finalize the user design as per user’s feedback and inquiries.

Depending on the package the user have chosen, he/she shall get 1 final design rendering and 1 revision of the final design rendering with recommendations to buy furniture, accessories, carpets, wallpapers… from online stores.

 

  • (Design Service Warrantee)

 We promise to take practical steps to ensure user satisfaction of our service. For this purpose, Designlift shall make reasonable efforts to represent and describe the colors and materials in the most accurate manner. Yet, the displayed colors of the products and the products (such as furniture & accents) will depend upon the monitor of the user and cannot be guaranteed by Designlift as an accurate description of the actual color or material of the product.

In that respect, we shall try our best to estimate the scale of the user’s space based on photos provided, but we cannot totally guarantee that all recommended products will fit the user space properly. Therefore, before making any purchase of the recommended furniture or material, the user is required to measure his/her room space to ensure that items fit prior to purchasing.

 

Please note that interior design is an intangible material different form materialistic product and therefore Design lift cannot warrant or guarantee user’s complete satisfaction with the design services and/or ideas the user receive on the Website and cannot assure the quality and colors of furniture proposed from supplier.

However; in case you were not satisfied with Design Lift  service experience , you may request specific remedies to correct the situation by emailing support@thedesignlift.com.

In specific situations, we may offer full or partial refund only in situations where corrections or specific remedy is not possible and subject to our refund policy.

 

 

4) User Content.

 

  • 4.1) User Content Generally: As a Client, you may be able to post content, including text messages, online messages, reviews, photos, video, images, floors plans, folders, data, text, and other types of works (collectively called, "User Content"). Your Content may be made public, so do not upload any confidential content. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service. In addition, you may give Design Lift or its employees the right to take photos or record video of areas of your home after the design services are complete (“After Images”).

 

  • 4.2) Limited License Grants to Design Lift: By creating, posting, or sharing Your Content on or through the Service, and subject to Design Lift's Privacy Policy, you grant Design Lift a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in order to (1) facilitate matches between Designers and Clients and (2) advertise and promote the Service. Any such use of your User Content by Design Lift may be without any compensation paid to you

 

 

5) Payments:

5.1) Clients

  1. Fees: Design Package: The fee to be charged to Clients for each Design Package will depend on the selected package, (package 01 150$ per room & package 02 250$ per room). The Fee is due and payable in advance of Client’s initiation of a Project. A single room is defined by its functionality and shall not be larger than 30 sqm.
  2. The Service currently uses third parties to process payments. Our third- party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. When you use the Service to place an order for Items, you authorize the purchase and delivery of the Items (subject to any confirmation of Item prices, as stated in Section 6.1). You agree that Design Lift will obtain a temporary pre-authorization of your credit card to cover the cost of the Items you have purchased, along with any estimated taxes, fees, and shipping costs, and excluding any unvalidated promotions. You acknowledge that taxes and shipping costs are estimated at the time of checkout, and you agree to any final tax and/or shipping costs as calculated by Design Lift, based on your shipping location and the Fee. Your credit card statement will reflect the final total amount charged to you upon order completion.

 

5.2) Taxes. The Fees are exclusive of tax. Clients are responsible for all applicable government taxes, fees, and service charges (“Taxes”) resulting from a transaction occurring through the Service. Design Lift will collect and remit such Taxes from Clients where required by law, but a Client may be responsible for additional Taxes not collected by Design Lift. All taxes are calculated using the Fee.

 

5.3) Refund: Design Lift may offer any Client a full or partial refund at Design Lift's sole discretion. Please                email support@thedesignlift.com to request a refund.

             1- Design Lift will reimburse you the whole amount of fees paid in the following cases:

  i. If Designlift fails to submit the design to you.

ii. If Design Lift delays in submitting the design to you for a period that exceeds 30 days counted from the day all necessary photos and information requested by Design Lift (such as space, dimensions, doors, windows, budget, style, and your preferred colors) are submitted to our service.

 

5.4) Cancellation: Cancellations made within 24 hours from submitting the payment, will receive a 100% refund. Cancellations made within 48-72 hours 30% fee of the total paid amount. Cancellations made after 72 hours from payment or after the designer started with the project, will be subject to 50% fee on the total amount or more depending on the project stage is some cases. Please email support@thedesignlift.com for cancellation request.

 

5.5) Shipping: Shipping terms are not applicable for this service at this stage.

 

5.6) Designers: Design Lift Designer will get paid a fixed amount as per the agreement between Designers and Design Lift. The payment will reflect in the designer’s personal wallet automatically after submitting all the deliverables and getting the client’s approval on the same. Payments will be transfer to Designer’s bank account and will occur within the first week of each month. If designer has less than 5 projects in his wallet, he/she shall bare the charges and fees of the bank.

 

 

6) User Content.

  • As a Client, there are certain features and requirements of the service that may permit users to create, post, or share content, including text messages, online messages,  reviews, comments, or pictures of your space(before/after), videos,  household objects & floor plans. Design Lift will have no ownership or control over your content. As Client you retain copyright and any other proprietary rights you hold in the User Content that you post to the Service, however, Design Lift might use the following info as part of their portfolio and projects history.

 

  • Limited License Grant to Design Lift: By posting, creating, or sharing your content with another user of the service, you grant Design Lift a non-exclusive license to access, modify, remove, display, publish and use such User Content as permitted by these Terms and the functionality of the Service.

 

  • You Must Have Rights to the Content You Post.you own and are solely responsible for Your User Content and the consequences of posting or publishing User content on or through the Service, or of the After Images does not violate, infringe, or misappropriate the privacy rights, publicity rights, including copyrights, moral rights, contract rights, intellectual property or proprietary rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person, and agree that Your Content and After Images is non-confidential and non-proprietary.

 

  • Your Use of Service;
  1. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Design Lift employees and other users.
  2. You agree not to provide any false personal information to Design Lift or any other user, or create a false identify or impersonate another person or entity in any way.
  3. You agree not to create a new account with Design Lift, without Design Lift's express written consent, if Design Lift has previously disabled an account of yours.
  4. you agree not to solicit, or attempt to solicit, personal information from other users.
  5. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users
  6. You agree not to assist or permit any persons in engaging in any of the activities described above.

 

7) Intellectual Property Rights.

Our Website with all its content including the graphics, logos, trade name, domain name, trademarks, trade dress, texts images, icons, designs, videos, audios…. are owned by Design Lift. The user is not allowed to use our Intellectual properties without our prior written consent unless it is used for your own personal, non-commercial purposes only. Any infringement to the Intellectual Property rights by the user shall subject him/her to the legal liabilities in addition to damages.

 Although, you hold sole ownership of any photos or other content you submit via the Services; however, you acknowledge that you grant Design Lift the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content to our service providers and designers for the purpose of providing the Services to you.

 You also acknowledge that Design Lift holds the sole ownership of the room models and designs it creates using your User Content.

Design Lift may ask your consent on displaying your custom design room on its websites and/or other owned digital applications (photos before & after) for the customer review and feedback.

 

8) Use of our Content  

Design Lift grant you a limited license to access the Service solely as intended through the provided functionality of the Service and to print, download or otherwise make personal use of the Content and the Collective Work provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

 

9) Consent to use of Data.

You agree that Design Lift may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy for more details regarding the information Design Lift collects, and how it uses and discloses that information.

 

10) Ownership

The Service, Service Content, After Images, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Design Lift and its licensors. 

 

 11) Legal Matters

Any Dispute that may arise or related to the Terms and Conditions of our service shall be governed by the Laws of United Arab Emirates.

 

12) Additional Services

 

  • (Links from our site to another sites & online stores)

The Final Client’s Design may include links to other third parties’ sites and resources, including vendors of home furnishings, accessories, decorative materials and design-related services. These links are provided only as guidance only and we have no control over the contents of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of these sites.

Any access of these third-party websites linked to our site will be at your own risk and responsibility and will be subject to their own terms of services and privacy policy.

Although, Design lift will try to ensure that the recommended products links (furniture, decorative accents…) by our Design are available in the third parties’ websites as per the description made and budget, Design Lift will not guarantee that these suggested furniture or accessories will be always available for online purchase or at the store at the price mentioned to the client.

  • (Linking to Social Media)

 Design Lift may provide some social medial features to allow you as a client or viewer to:

  1. Access from your own social media (Facebook, Instagram, Twitter...)
  2. Send e-mails or other communications with photos attachments….

 

  • (Mobile Applications)

 In connection with our service, we may provide and allow you (if you wish) to use certain mobile applications or features. These applications are to be used to facilitate communication with Design Lift and/or communication with the Designer.

These applications include – but are not limited to- the use of SMS, What’s app …. and will be subject to the following terms:

- By opting into Design Lift SMS or What’s app Program, you agree to receive from Design Lift and/or from your selected Designer text messages, photos, attachments… directly to your mobile phone/device regarding your design projects.

The frequency of messages Design Lift sends to you will vary and depends on your interaction with the Services.

     - Data obtained from you in connection with Design Lift’s SMS Program or What’s app Program may include your mobile         phone number, the date, time, and content of your messages and other information you provide to us. We may use this  information to contact you and to provide the services you request from us subject to the terms and conditions of               our Privacy Policy.

     - To opt out of receiving Design Lift SMS or what’s app messages at any time, send a request to thedesignlift.com.

 

 13) Feedback

We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:

    1. own, exclusively, all now known or later discovered rights to the Creative Ideas;
    2. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
    3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

14) Violating These Terms Consequences.

We have the right to suspend or eliminate & terminate your account and prevent the access to the website in the future. In addition of having the right to refuse to provide the Service to you in the future. Design Lift may review and remove any of Your Content at any time for any reason, including activity which is violating the ethics and T&C of Design Lift. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others.

 

15) Termination

All covenants, agreements, representations, and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

 

16) Contact

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@thedesignlift.com

 

Last Updated: 10,June,2021