Terms of service

The Prana Homes and its affiliates (“The Prana Homes", "we", "our", "Company") welcomes you (the "User(s)", or "you") to our website, at “https://thepranahomes.com”  together with any subdomains (the “Site”). Our Site offers "https://thepranahomes.com/policies/privacy-policy”. By doing so, you agree to comply with all the applicable laws and regulations governing your use of the Site and accept that these Terms constitute a binding and enforceable legal agreement between you and The Prana Homes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY PART OF THEM, PLEASE REFRAIN FROM ACCESSING, CONNECTING TO, OR USING THE SITE IN ANY WAY.

1. THE SITE AND SERVICES

We use the Site to provide information about our Company and its products (“Website Services”). In the future, we may enhance the Site with additional features at our discretion, including: (i) the ability to purchase products directly through the Site, (ii) the option to send us requests, and (iii) other services which we may introduce from time to time.

Currently, to purchase our products, to make payments, or to learn more about shipping, exchanges, returns, and refunds, please contact us at hello@pranahomes.com. Once you reach out to us, we will provide you with details about the purchasing process and any other related information. When placing a purchase request via hello@pranahomes.com, please note the following important points:

a) Accurate Information: You agree to provide the correct contact details (name, email address, phone number), billing address, and shipping address, and to promptly update us if there are any changes to this information. 

b) Offer: You accept and understand that sending a purchase request to us on the aforesaid email address, is an offer made by you.

c) Prohibited Use: Our products must not be used for any illegal or unauthorized purposes.

d) Resale Restrictions: You may not resell, distribute, or otherwise deal with our products without our prior written consent.

e) Right to Refuse Service: We reserve the right to refuse service to anyone for any reason at any time. If we accept your purchase request, we may notify you about the same and similarly if we modify or cancel an order, we may notify you using the email or the billing address or the phone number provided at the time of the purchase request. Additionally, we also reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

f) Price Changes: Product prices are subject to change without notice. We reserve the right to modify or discontinue services (or any part thereof) at any time without prior notice. We are not liable for any modification, price change, suspension, or discontinuation of services.

g) Product Representation: While we strive to display product colors and images as accurately as possible on the Site, we cannot guarantee that the display on your monitor will be entirely accurate.

h) Sales Limitations: We reserve the right to limit the sale of our products or services to any individual, geographic location, or jurisdiction. This will be decided on a case-by-case basis. 

i) No Guarantee of Expectations: We do not warrant that the quality of any products, services, or materials purchased will meet your expectations, nor do we guarantee that any errors in the service will be corrected.

If you have further questions or need assistance, feel free to reach out to us at hello@pranahomes.com.

2. USE RESTRICTIONS

You may not, whether directly or through any authorized or unauthorized third party, engage in the following activities:

a) Content and Intellectual Property Misuse: Copy, scrape, modify, create derivative works, adapt, emulate, translate, reverse engineer, compile, decompile, disassemble, publicly display, perform, or distribute any portion of the content on the Site, including information, documents, materials, data (collectively referred to as the "Content"), or any Intellectual Property (as defined below) without prior written consent from The Prana Homes.

b) Unauthorized Use on Other Platforms: Utilize the aforesaid Content on other websites or networked computer environments.

c) Unpermitted Site Alterations: Create a browser or border environment around the Site or its Content, link (including in-line linking) to elements of the Site such as images, posters, or videos, or frame or mirror any part of the Site without express permission.

d) Infringement of Third-Party Rights: Transmit, distribute, display, or otherwise make available through the Site any content that infringes on third-party rights, including Intellectual Property or privacy rights, or contains unlawful material.

e) Malware and Harmful Code: Use the Site to transmit, distribute, or otherwise make available viruses, worms, Trojan horses, time bombs, web bugs, spyware, or any other code or program intended to harm or hijack hardware, software, or telecommunications systems.

f) Site Disruption: Interfere with or disrupt the operation of the Site, its servers, or networks, or violate any requirements, policies, or regulations governing these servers or networks.

g) Illegal or Unauthorized Activities: Use the Content or the Site for any illegal, immoral, or unauthorized purpose.

Failure to comply with these Terms may result in suspension or termination of your access to the Site at The Prana Homes' sole discretion and could subject you to civil and/or criminal liabilities under the applicable laws.

3. COMPLIANCE WITH LAWS AND EXPORT CONTROL

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”) in your jurisdiction. Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall comply with the Applicable Laws relating to anti-bribery and anti-corruption.

4. PRIVACY POLICY 

We respect the privacy of our Users and are committed to protecting the information you share with us in connection with the Site. Our policy and practices and the type of the information collected are described in our Privacy Policy. If you intend to connect to, access or use the Site or any content or feature therein, you must first read and agree to the Privacy Policy.

5. YOUR FEEDBACK

In the event that you provide The Prana Homes with any suggestions, comments or other feedback relating to Site and/or The Prana Homes’ products and/or services (collectively, “Feedback”), such Feedback is deemed as the sole and exclusive property of The Prana Homes and you hereby irrevocably assign to The Prana Homes all of its rights, title and interest in and to all Feedback, if any, and waive any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform The Prana Homes as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.

6. INTELLECTUAL PROPERTY RIGHTS 

“Intellectual Property” refers to all proprietary and intellectual property rights associated with the Site and its Content, including but not limited to logos, graphics, icons, images, as well as their selection, arrangement, and design. This also encompasses The Prana Homes’ proprietary software, algorithms, and all related intellectual property rights tied to the Website Services. These rights include, without limitation, inventions, patents, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the Site’s “look and feel”), specifications, methods, procedures, know-how, data, technical data, interactive features, source and object code, files, interfaces, trade secrets, and any Feedback. Whether registered or capable of registration, all such Intellectual Property, including any enhancements, modifications, or derivatives, is exclusively owned by The Prana Homes and protected under Indian laws, foreign laws, and international conventions.

The Prana Homes Trademarks include all names, trade names, logos, and other proprietary identifiers used by The Prana Homes to identify itself or its products and services, including the name "The Prana Homes." All rights, title, and interest in these trademarks remain solely with The Prana Homes, regardless of whether they are registered. Any other trademarks, service marks, trade names, or logos appearing on the Site belong to their respective owners (referred to as “Third-Party Marks”).

No rights, licenses, or interests in The Prana Homes Trademarks or Third-Party Marks are granted to you under these terms. You agree not to assert any such rights, licenses, or interests and must refrain from using The Prana Homes Trademarks or Third-Party Marks in any manner unless expressly permitted.

Additionally, you are strictly prohibited from using, diluting, or tarnishing any name, mark, or logo that is identical or confusingly similar to The Prana Homes Trademarks, whether registered or not.

7. AVAILABILITY 

The Site’s availability and functionality depend on various factors, such as communication networks, software, hardware, and The Prana Homes’ Site providers and contractors. The Prana Homes does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or will be error-free.

8. CHANGES TO THE SITE

The Prana Homes reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Site may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. You agree that The Prana Homes shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Site (or any part thereof).

9. DISCLAIMER AND WARRANTIES

THE PRANA HOMES MAKES NO GUARANTEES OR REPRESENTATIONS REGARDING THE USE, INABILITY TO USE, OPERATION, OR RESULTS DERIVED FROM USING OR OPERATING THE SITE OR ITS CONTENT (OR ANY PART THEREOF). THE SITE, INCLUDING BUT NOT LIMITED TO ITS CONTENT, MATERIALS, DATA, AND RELATED INFORMATION, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

THE PRANA HOMES EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, ITS SERVICES, OR MATERIALS—INCLUDING ANY RELIANCE ON CONTENT PROVIDED THROUGH THE SITE—IS ENTIRELY AT YOUR OWN RISK, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY

The Prana Homes and its affiliates shall not, under any circumstances, be held liable for any damages of any kind, whether direct, indirect, special, incidental, or consequential, arising from or related to the Site, its Content and materials, the use or inability to use the Site or any part thereof, failure of the Site to perform as expected, loss of goodwill, data, or profits, or any other act or omission by The Prana Homes, including but not limited to damages resulting from the actions of users or third-party sites.

You may not bring any legal action against The Prana Homes for any breach of these Terms more than one (1) year after the cause of action arises. The limitations, exclusions, and disclaimers outlined here apply to all claims for damages, regardless of whether they are based on contract, warranty, strict liability, negligence, tort, or any other legal theory.

You acknowledge and agree that these limitations of liability represent a reasonable allocation of risk, forming part of the consideration for your access to and use of The Prana Homes’ Site. These limitations will apply even if any limited remedy fails of its essential purpose, and regardless of whether The Prana Homes or its affiliates have been advised of the possibility of such damages.

These limitations of liability shall be enforced to the fullest extent permitted by applicable law. In no case shall The Prana Homes’ total liability to you exceed the amounts you have paid to The Prana Homes for use of the Site. If you have not made any payments, The Prana Homes shall have no liability to you whatsoever.

11. INDEMNIFICATION 

You agree to defend, indemnify and hold harmless The Prana Homes and any The Prana Homes Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from: (i) your breach of any term of these Terms by you or anyone on your behalf; (iii) any damage of any sort, you may cause to any third party which relates to your use of (or inability to use) the Site or Content; (iv) your violation of the Privacy Policy, any third party intellectual property rights, privacy rights or other rights, through your use of the Site or Content or provision of information; and (v) your violation of any applicable law or regulation.

12. AMENDMENTS TO THE TERMS 

The Prana Homes may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site. 

13. MINORS

To access and use the Site you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site, we will prohibit and block such User from accessing the Site and will make all efforts to promptly delete any Personal Information.

14. GENERAL

a) These Terms do not create, and shall not be interpreted as creating, any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.

b) Any disputes or claims related to this Site or its use will be governed by and  interpreted in accordance with Indian laws, with exclusive jurisdiction resting with the courts in Kolkata, India.

c) If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be considered severable and will not affect the validity or enforceability of the remaining provisions.

d) You may not assign, sublicense, or transfer any of your rights or obligations under these Terms without prior written consent from The Prana Homes. 

e) No waiver of any breach or default by either party will be deemed a waiver of any preceding or subsequent breach or default.

f) Headings, captions, and section titles are included for convenience only and do not define or explain any section or provision of these Terms.

g) These Terms represent the entire agreement between you and The Prana Homes regarding the subject matter herein and supersede any prior or contemporaneous written or oral agreements or understandings. Notices may be delivered via email or regular mail. 

h) You agree that a printed version of these Terms and any electronically delivered notice will be admissible in judicial or administrative proceedings to the same extent as business records originally generated and maintained in printed form.

Contact Information

Name: Atif Khan
Email ID: hello@pranahomes.com
Phone: +91 7980 29 8692
Address: 16A, Shakespeare Sarani,
New B.K. Market, room no. 2A, 2nd floor
Kolkata 700 017