2.1

By accessing/visiting/registering/using this Website and/or our Services, it shall be deemed that You have voluntarily and willingly accepted these Terms and Conditions of Use, after having completely understood the contents herein.

2.2

To use this Website, You must be at least 18 years old and legally capable to enter into this Agreement.

2.3

The content on the Website of Aalaya is solely for the purpose of general information and for personal use. While using this website and its content, You are granted limited access to Our Website and its contents.

2.4

For using and/or accessing this Website, Aalaya shall require You to provide Your personal particulars, which include but are not limited to Your name, contact number, e-mail address, preferred mode of communication, etc. By providing Your personal particulars to Aalaya, You expressly agree and accept to receive e-mail/s, phone call/s and message/s from Aalaya or any of its representatives on Your preferred mode of communication, as specified at the time of providing such particulars. You also agree to receive any newsletters, promotional content, offers and any other updates from Aalaya on Your preferred mode of communication.

2.5

You agree and represent that You shall use this Website in good faith and You are expressly prohibited to use the content on this Website for any illegal or unauthorized purpose and for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. We reserve the right and absolute discretion to determine whether any activity of Yours on Our Website is done in bad faith, or, if it reasonably appears to Us that this Website is being used by You for ulterior, illegal and/or immoral purposes or in any manner contrary to the applicable laws in force and accordingly, refuse/terminate/suspend/block Your use/access to this Website at any point and also, to initiate suitable legal action against You, if You are found to be unauthorizedly using this Website or its content, which is in violation of copyright, trademark and other laws. Any violation of the Terms delineated in this Agreement shall result in immediate termination of Your access to this Website. Such right to refuse/terminate/suspend/block Your use/access to this Website is without prejudice to any of the rights that may be available to Us under this Agreement and the applicable laws and without prejudice to Our right to report to the authorities and initiate appropriate legal action against You for any illegal or unlawful or immoral activity, hateful or racial, obscene post or email or any such content.

2.6

We reserve the right to interrupt or discontinue any or all of the functionality of this Website and We accept no responsibility or liability whatsoever for any such interruption or discontinuance, which are resultant of actions on Our part or a third party.

3.1

Aalaya's team of professionals and experts, including architects and designers, is highly qualified to cater to Your needs and/or requirements during the design process for Your future home.

3.2

At Aalaya, You can choose from an array of our readily-available Pre-Made Design Plans or You can opt to modify and/or customize the Pre-Made Design Plan which shall be charged accordingly. We also deliver Bespoke Design Plans, which are curated and created to Your taste and preference.

3.3

Our Home Design Plans shall be delivered to You, subject to timely payment being initiated at Your end and completeness of information being provided by You. If You are purchasing a Bespoke Design Plan from Us, We may also require You to communicate Your needs and/or requirements in order to enable Us to deliver the plan in a time-bound manner.

3.4

At the time of purchase of any of Our Home Design Plans, We shall require You to enter into a legally binding Agreement with Us (“Home Design Plan Agreement, Partner service, Resources”) and the details of the same shall be communicated to You, once You convey Your interest in purchasing Our Home Design Plans. If You do not agree to enter into the Home Design Plan Agreement with Us, We shall forthwith refrain from initiating any transaction towards purchase of Our Home Design Plans or any of the Subscription plans in Your favour.

3.5

In the event of any conflict or inconsistency between these Terms and Conditions of Use and the Home Design Plan Agreement, Aalaya shall make efforts to reasonably construe such provisions in a manner that resolves such conflict or inconsistency; provided, however, that if such conflict or inconsistency cannot be reasonably construed in such manner, the more restrictive provisions regarding the scope of rights to use Our Home Design Plans, and the more expansive provisions regarding obligations applicable to You and limitations on Aalaya's liability, shall apply.

3.6

The tentative price quote of the Home Design Plan sought to be purchased by You is displayed on Our Website and the said estimate is subject to change, without any prior notice to You. The final cost and expenses (“final price quote”) to be borne by You towards purchase of the Home Design Plan selected by You shall be intimated to You at the time of purchase. The final price quote shall include any applicable taxes, shipping and/or delivery charges and other incidental expenses incurred by Us towards final delivery of Our Home Design Plan purchased by You.

3.7

Aalaya reserves the right to correct any data entry errors in the pricing of its Home Design Plans and no price quote shall be final until confirmation is received from Aalaya in this regard.

4.1

If You choose to make a payment for engaging any of Our Service/s, You agree to provide authentic and complete information, including but not limited to Your name, contact information and payment details.

4.2

By initiating a payment for engaging any of Our Service/s through Our Website, You are voluntarily and willingly giving Us confirmation to process Your transaction through Our payment gateway provider- Cashfree, thereby authorizing Cashfree to charge Your chosen payment method (Credit Card/Debit Card/UPI/other mode of payment) for the amount specified. Your payment details shall be collected by our payment gateway Cashfree and processed securely by them. We advise You to read the relevant Terms and Conditions and Privacy Policy of Cashfree, which are independent from this Agreement, before proceeding with any Donation/Contribution.

4.3

Mode of Contribution: No cash payments are accepted by Aalaya. INR payments through instruments like Cheques, NEFT/ RTGS/ IMPS, and Online transfers are accepted.

4.4

Payments received by Aalaya, through this Website, towards its Service/s are final and non-refundable and any request for refund of such payments shall not be entertained by Aalaya. Once a payment has been processed, it cannot be refunded/canceled under any circumstances.

5.1

Upon purchase of Our Home Design Plan, You are granted a limited and non-exclusive license to use the purchased Home Design Plan in order to build Your Project, as depicted in the Home Design Plan, subject to these Terms and Conditions of Use and the Home Design Plan Agreement.

5.2

You acknowledge that the limited and non-exclusive license is granted by Aalaya to You for the purpose of building a single (1) unit from the Home Design Plan purchased from Aalaya. Any use of the purchased Home Design Plan for constructing any additional unit, without prior written permission being granted by Aalaya, shall result in infringement of Aalaya’s Intellectual Property Rights. In the event You are desirous of building an additional and/or multiple unit/s of the Home Design Plan already purchased, You agree to re-purchase the Home Design Plan from Aalaya for such additional and/or multiple unit/s, for which a re-use fee shall be applicable.

5.3

You agree to make modification/s to the Home Design Plan purchased from Aalaya solely to the extent required for Your specific needs and/or to comply with the laws and regulations of the concerned authorities in completing the Project.

6.1

You understand that You, and not Aalaya, are solely responsible and liable for any information that You may share on this Website and its accuracy and You are responsible for all the activity that occurs under Your name on this Website.

6.2

You agree that Your usage of and/or access to Our Website shall not violate any third-party rights, including any personal or proprietary rights.

6.3

You agree that anything that You transmit or post or contribute or submit on this Website becomes the property of Aalaya and You consent for the same to be used for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

6.4

You agree that any information and content that You may share and contribute on this Website shall not contain any unlawful, libellous, slanderous, abusive, harmful, misleading or obscene material, or relates to or promotes money laundering or gambling, or contains material that is harmful to minors in any way, or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states, or contain any computer virus or malware or corrupt file that may damage, disable, overburden, interfere or impair the operation of this Website and Our servers or affect the use and enjoyment of this Website by other users.

6.5

You agree that You shall refrain from impersonating third-parties or using false identities while using this Website and desist from misleading Us, other users or third-parties regarding the origin of any information or content shared by You.

6.6

Only in those circumstances where any information or content shared by any of the Users on this Website is determined in Our sole discretion to be unlawful, offensive, defamatory, opposed to morality or in violation of any party’s personal or proprietary rights or falls under any of the objectionable content as specified under Clause 6.4 hereinabove, We shall monitor, edit, block or remove the aforementioned content from this Website. However, We assume no liability or responsibility for any information uploaded, including the aforementioned content, by any user or third-party on this Website.

6.7

Aalaya shall have the right to either delete such content as mentioned in Clause 6.4 irretrievably and to take appropriate action, either suo motu or on any complaint, without prejudice to its rights under these Terms and Conditions of Use and/or the applicable laws, including but not limited to suspending or termination of Your use/access of this Website and reporting the matter to the competent authorities for appropriate action, without prejudice to its rights under applicable laws and contractual arrangements in writing.

7.1

All House Design Plans, drawings, information, images, videos, audio clips, text, graphics, logos, software and other content on this Website are the exclusive Intellectual Property of Aalaya and are safeguarded by existing copyright and trademark laws in India.

7.3

In the event You are desirous of using any of the content or material available on this Website, You must obtain prior written consent of Aalaya for such usage, failing which We reserve Our right to seek recourse to initiating legal action against You.

7.4

You agree to be vigilant about Our Intellectual Property Rights in this Website hosted by Us and not to infringe Our Intellectual Property Rights in any manner including copying/reproducing/storing any part of it, and the like, while using this Website. Any infringement of Our Intellectual Property Rights is actionable and We reserve the right to take appropriate action under the applicable laws against any form of infringement of Our Intellectual Property Rights.

8.1

Third-party links on this Website may direct You to third-party websites, which are not affiliated with Us. We are not responsible for monitoring and examining the veracity of the content or material available on these third-party links.

8.2

The access provided to these third-party websites through the third-party links is on an “as is” and “as available” basis, without any warranties, representations or endorsements of any kind from Aalaya.

8.3

Any use of these third-party websites is at Your own risk and discretion and Aalaya shall not be held liable for any damages that You may incur in relation to such use. We advise You to carefully review the third-party websites’ policies and practices, prior to engaging with them. All complaints, claims, concerns or queries pertaining to the third-party links should be directly addressed to the third-party website itself.

10.1

Under no circumstances shall Aalaya, its office bearers, members, employees, partners, subsidiaries, affiliate companies, successors or assignees be held liable for any damages, including but not limited to direct or indirect, special, incidental, consequential, exemplary or punitive damages, whether or not foreseeable, of any kind, arising out of or in relation to the use or inability to use this Website or the content thereon, whether based on warranty, contract, tort (including negligence) or any other legal theory.

10.2

We shall assume no liability under any event or circumstances whatsoever in respect of any claim(s) arising due to any interruption, slow performance, errors, omissions or inaccuracies in Our Services/Website, regardless of the cause, even if the party from which damages are being sought or such party had been previously advised of the possibility of such damage.

10.3

Our Website is intended for a specific purpose and at no point of time, We represent that Our Website shall be suited for a purpose other than for which they are intended to, and therefore, We shall not be responsible for any loss, damage or injury that may be caused if You attempt to use the Platform for any purpose other than for which it is intended. We also do not assume any responsibility for any damage or injury which may be caused to any person due to any use or access or installation of the Service on any device, including a mobile device in any manner whatsoever.

10.4

The Service(s) provided by Aalaya are on an “As Is” and “As Available” basis and We make no representation or warranty with respect to Our Service(s). To the maximum extent, as permitted under applicable law, We specifically disclaim any and all warranties, guarantees or conditions, express or implied, statutory or otherwise relating to the Service(s), including but not limited to, implied warranties of merchantability, compliance with any description, completeness, timeliness, correctness, non-infringement of rights of any third-parties, or fitness for any particular purpose

10.5

Aalaya does not represent or warrant that this Website and Our Service(s) provided: (a) will be reliable, secure, timely, uninterrupted or error-free or will operate in combination with any other hardware, application, software, system or data, or, (b) will meet User's requirement or expectations, or, (c) will be free of virus(es) or other harmful or spurious components and these disclaimers of Aalaya constitute an essential part of this Agreement. If any implied warranties may not be disclaimed under any applicable law, then any such implied warranties are limited in duration to the period, as may be required by applicable laws.

10.6

You unconditionally acknowledge and agree that We have no control or hold over the Internet, and therefore, that, We shall not be liable for any discontinuance of the operation of any portion of the Internet or any possible regulation of the Internet, which might restrict or prohibit the operation of this Website and/or Services provided to You by Aalaya.

10.7

Aalaya does not undertake any liability to update any information/content on the this Website and We disclaim all and any liability for any loss/damage caused for any non-updating of any information/content on this Website. We do not warrant or guarantee that the files/content which You may download from this Website will be free from virus(es) and it is Your sole responsibility to check for virus(es)/trojans/defective programs and implement necessary steps to protect Your computer, equipment and software and implement adequate means to keep backup copies Your own data.

10.8

We disclaim to the fullest extent as provided under law all and any liability for any loss/damage caused by any virus attack, trojan or defective programs or other technologically harmful material that may infect Your computer, software, data, computer programs, data or other proprietary information due to Your use of this Website and/or any Service/s provided by Us.