TERMS & CONDITIONS
Welcome to DarStore, DarStore is an online platform dedicated to home renovation and design. We bring together homeowners, home professionals, sellers of home goods, and design enthusiasts. Through Dar Design, people can find or offer design ideas, advice, products and services related to home renovation and design.
These Terms and Conditions (the "Terms" or the "Agreement") set forth the binding legal agreement between you and Dar Design. The Agreement governs your use of www.darstore.me and all of the related websites, mobile apps, products and services offered by Dar Design, including our plug-ins and browser extensions (collectively, the "Dar Design Platform").
We refer to the e-commerce marketplace on the Dar Design Platform as the "Dar store." If you visit or make a purchase or sale through the Dar Shop through www.darstore.me or the related mobile app experience, or if you create an account on the Dar Design Platform, then this Agreement is also between you and Dar Design L.L.C., shall be referred to as " Dar Design,” “Dar”," "we," or "us" in this Agreement.
The Terms cover your agreement to grant us rights to your content, our limitation of liability to you, governing law and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through the Kuwaiti Courts.
We encourage you to review this Agreement carefully. By accessing or using Dar Design Platform in any way, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use Dar Design Platform.
- Using Dar Design Platform.
Registration. Access to certain services of Dar Design Platform will require you to register with us and to create a profile on our Platform. If you register with Dar Design, you agree to provide us with accurate information and update it as needed for accuracy. We will treat personal information you provide as part of registration in accordance with our Privacy Policy. You also may have the option to register for an account by linking your Facebook or Google account.
Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By using the Dar Design Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on Darstore.
Profile for Professionals. If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the Dar Design Platform while identified by your professional profile.
Acceptable Use Policy. When using Dar Design Platform, you agree to abide by common standards of etiquette and act in accordance with the law.
Prohibited Products Policy. If you are a professional, vendor, or seller, who is authorized to offer products through DarStore, you agree to abide by the Prohibited Products Policy.
Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of Dar Design Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason.
2. Our Content and Materials.
Definition of Our Content and Materials. All intellectual property in or related to the Dar Design Platform (specifically including, but not limited to, our software, Dar Design marks, and Dar Design logo ("Our Content and Materials").
No Endorsement or Verification. Please note that the Dar Design Platform enables access to third-party content, products, and services, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Dar Design Platform by anyone.
Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission.
Ownership. You acknowledge and agree that the Dar Design Platform and Dar Design marks will remain the property of Dar Design. The content, information and services made available on the Dar Design Platform are protected by Kuwait and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Dar Design Platform
3. Offerings on the Dar Design Platform.
Third-Party Products. You may be provided the opportunity on the Dar Design Platform to purchase products that are offered by third parties (collectively "Third-Party Products"). The availability of any Third-Party Product on Dar Design Platform does not imply our endorsement of the Third-Party Product.
Third-Party Services. You may be provided the opportunity on Dar Design Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by professionals registered with Professional Profiles on the Dar Design Platform. The availability of any Third-Party Services on the Dar Design Platform does not imply our endorsement of the Third-Party Services.
Third-Party Sites. Dar Design Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.
4. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF DAR DESIGN TO YOU.
"DAR DESIGN" MEANS DAR DESIGN LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
WE ARE PROVIDING YOU THE DAR DESIGN PLATFORM, SERVICES, INFORMATION, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DAR DESIGN EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
DAR DESIGN MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON DAR DESIGN PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, DAR DESIGN WILL NOT BE LIABLE TO YOU. AND YOU AGREE THAT DAR DESIGN SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF DAR DESIGN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, DAR DESIGN PLATFORM. YOUR USE OF DAR DESIGN PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK
5. Indemnification.
You agree to fully indemnify, defend, and hold Dar Design and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to all the Policy’s; (b) any allegation that any materials you submit to us or transmit to Dar Design Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with Dar Design Platform or other websites to which Dar Design Platform is linked; and/or (d) your negligent or willful misconduct.
6. Dispute Resolution.
If you have a dispute arises with Dar Design, you agree to contact us through darstore.me to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to Dar Design Platform or involves our services.
Governing Law & Jurisdiction: if any dispute arises and cannot be settled amicably, shall be referred to the courts of the State of Kuwait, and the laws of Kuwait shall apply.
7. Miscellaneous.
Supplemental Terms for Certain Services. Certain services offered on Dar Design Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale on Dar Design Platform, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will control.
Application Provider Terms. If you access Dar Design Platform through a Darstore application, you acknowledge that this Agreement is between you and Dar Design only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Kuwait and the Kuwaiti courts shall have exclusive jurisdiction to settle any dispute between us that may arise.
Changes. We reserve the right to:
- change the terms of this Agreement, consistent with applicable law;
- change Dar Design Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your Darstore account, or use of and access to Dar Design Platform.
Languages. The English version of this Agreement will be the binding version and all communications, notices and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub licensable by you except with Dar Design prior written consent. Dar Design may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Dar Design Platform and constitutes the entire agreement between you and us regarding Dar Design Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.