Hamburger Icon
Close Icon
Business Enquiries:
Location:
7th floor, Corporate Park ||,
Sion-Trombay Road, Chembur,
Mumbai- 400071.
Business Enquiries:
Location:
7th floor, Corporate Park ||,
Sion-Trombay Road, Chembur,
Mumbai- 400071.
Engage Us

Spinach Full Logo

Terms & Conditions
Last updated on: Jan 1, 2024
Introduction
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. 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 THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.
Spinach Experience Design Private Limited is a User Experience and User Interface (UI/UX Design Consultancy, headquartered in Mumbai, run by Spinach Experience Design Private Limited.
The domain https://spinachexperience.design (including mobile applications, if any) (“Website”) is owned and operated by Spinach Experience Design Private Limited (including its directors, full time employees, subsidiaries and affiliates, collectively, the “Company”).
By accessing any part of the Website, users, including without limitation users who are browsing the Website (collectively, “User”) agree to be bound by these terms of use (“Terms”) and by all other policies of the Company (“Policies”) as mentioned herein and as posted on the Website from time to time.
The Terms and the Policies take effect on the date on which the Website is accessed by a User, creating a legally binding arrangement between the User and the Company. The User’s agreement with the Company includes these Terms available at Terms & Conditions and the privacy policy available at Privacy, each as updated by the Company from time to time (“Agreement”).
Users can review the most current version of the Terms and Policies at any time on the Website. The Company reserves the right to unilaterally update, change or replace any part of these Terms or Policies by posting updates or changes to the Website. It is the responsibility of the Users to check the Website periodically for changes to the Terms and Policies. The Users’ continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites and Services.
IF THE USER DOES NOT AGREE WITH THE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
User Eligibility
User(s) represent and warrant that they have the right to access or use the Website.
The Website can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. The Company reserves the right to deny access to the Website if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions herein.
By providing any personal information on the Website (including phone numbers and e-mail address), the Users consent to be contacted by the Company via phone calls, e-mails, SMS notifications or instant messages, in case of verifications and in case of subscription / service / promotional updates.
Amendment to the terms
The Company reserves the right to unilaterally change, modify, amend, or update these Terms from time to time and such amended provisions shall be effective immediately upon being posted on the Website. If the Users do not agree with such provisions, the Users must stop using the Website with immediate effect. The Users’ continued use of the Website will be deemed to signify their acceptance of the amended provisions of the Agreement.
Use of the website
The Users agree, undertake and confirm that their use of the Website shall be strictly governed by these Terms and the Privacy Policy. The Users shall not host, display, upload, download, modify, publish, transmit, update or share any information through the Website which:
  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  2. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. harasses or advocates harassment of another person;
  4. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
  5. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to the profiles, blogs, communities, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  6. interferes with another User’s use and enjoyment of the Website or any third-party users enjoyment of similar services;
  7. violates any law for the time being in force;
  8. impersonates another person;
  9. contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and
Accuracy, completeness and timeliness of information
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Website. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at the Users’ own risk.
The Company reserves the right to modify the contents of the Website at any time, but has no obligation to update any information on the Website. The Users agree that it is their responsibility to monitor changes to the Website.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice. The Company undertakes no obligation to update, amend or clarify information in the Website, except as required by law.
Disclaimers of warranty and limitation of liability
The Company does not warrant that the Website will be compatible with all hardware and software which is used by the Users.
The Company does not represent or warrant that the information available on the Website will be correct, accurate or otherwise reliable.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
The Website may be under constant upgrades, and some functions and features may not be fully operational. The Website is provided on an “as is” and “as available” basis.
The Company makes no representation or warranty that:
  • the Website will be accurate or reliable;
  • the Website will be uninterrupted, timely, secure, or error-free;
  • any information that may be obtained from the use of the Website will be accurate, timely or complete; or
  • any errors in any software used on the site or in connection with the Website will be corrected.
The Company is not responsible and will have no liability for damages of any kind that result from the downloading of any data or any other materials on the site or through the Website; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Website.
The Company or its employees / representatives shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Website, or for any other claim related in any way to the use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
The Company does not guarantee that the quality of the products, services, information, or other material purchased or obtained by the User through the Website will meet the User’s expectations.
Privacy
All information about Users that are collected, stored or transmitted in any way on the Website, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), available here Privacy
Disclosure
The Users acknowledge, consent and agree that the Company may access, preserve and disclose their account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
  • comply with legal process nationally or internationally;
  • enforce these Terms;
  • respond to the Users’ requests for Service;
  • protect the rights, property or personal safety of the Company, its subscribers and the public, or pursuant to the terms of the Privacy Policy.
Third party links
Certain content available via the Website may include materials from third-parties. Third-party links on the Website may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Intellectual property
The Company is either the owner of intellectual property rights or has the sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Website, and on the material published on it in cases where it may be so construed. The Users acknowledge that the intellectual property right in the information shared with the Company by the Sellers or other content providers may vest in such persons and not in the Company, unless otherwise stated.
“Spinach Experience Design” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
The Users must not use any part of the materials on the Website for commercial purposes without obtaining an appropriate license. All rights, not otherwise claimed under these Terms by the Company are hereby reserved.
Force majeure
The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Website. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, change in law or regulations, war or threat of war, sabotage, civil unrest, pandemic, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Website entitles the Company to suspend or limit the Website until further notice.
Indemnification
The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, Sellers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or in connection with:
  • the User’s breach of the Agreement;
  • any claims made by any third party due to, or arising out of, or in connection with User’s use of Website;
  • the User’s violation of any rights of another, including intellectual property rights; and
  • the User’s violation of any applicable laws.
Severability
In the event any provision of the Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
These Terms are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms at any time by notifying the Company that they no longer wish to use the Website or the Services, or when they cease using the Website.
Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Governing law and dispute resolution
These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement shall be subject to the jurisdiction of the courts at Mumbai, India.
Notices
All notices or demands to or upon the Company shall be in writing and shall be deemed to be duly made when sent to Fedora Rapose at 7th floor, CORPORATE PARK, 2, VN Purav Marg, Swastik Park, Chembur, Mumbai, Maharashtra 400071 or on fedora@spinachexperience.design.
Miscellaneous
Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to any person or entity.
Fedora Rapose is the designated Grievance Officer in respect of these Terms. Any complaints or concerns with regard to the Website or any breach of these Terms or Privacy Policy can be directed to the designated Grievance Officer in writing at 7th floor, CORPORATE PARK, 2, VN Purav Marg, Swastik Park, Chembur, Mumbai, Maharashtra 400071 or through an email sent to fedora@spinachexperience.design.