Terms of Use

This resource https://www.dwminnovations.com and its associated website https://www.MyInnovation
JourneyS.com
and any interlinked documents herein, is published in accordance with the provisions of Rule 3(1) of The Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000, and consists of terms of use and services (“Terms of Use”), and the privacy policy (“Privacy Policy”), that must be read carefully before using/ browsing/accessing this resource and the interlinked websites (hereinafter “Website”) or any information or content available therein. This Website is owned by DWM Innovations Private Limited (“DWM or COMPANY”), a private limited company incorporated under The Companies Act, 2013, bearing CIN U74999MH2021PTC36, and having its registered address at 501 Natraj, 121A S V Road, Santacruz (West) Mumbai 400054, India. The following terms and conditions, together with any documents and/or additional terms expressly incorporated herein by reference (collectively, “Terms of Use“), govern your access to and use of the Website, including any content, functionality, services and products offered on or through it.

Scope of Terms of Use

The Website is put up and maintained by DWM as an online service provider, and is aimed at providing fluid and easy consultations and services to those seeking them. The Website Terms of Use and applicable laws as mentioned herein, govern the user’s access to and use of this Website, as well as the user’s (hereinafter “You” or “Your/s” or “User”) contract of service with DWM. These Terms of Use govern only Your use of the Website with all its applications, software and services (collectively known as "Services"), except where such Services are the subject of a separate agreement. Specific terms or agreements may apply in the use of certain Services being provided to You via the Website through specific service agreements ("Service Agreement(s)"), which will be shared with You alongwith the information &/or offer of the Service. The term “Third Party” refers to any person, natural or juristic, other than DWM and the User.

User Eligibility

The Website is a bonafide service platform according to the laws of India, and is available to persons competent under The Indian Contract Act 1872, to contract and persons competent under the laws of the countries to which they belong. If You do not qualify thus, You should refrain from using the Website any further and DWM reserves the right to terminate any agreement between itself and persons incompetent to contract. In the event You continue to use/browse/access the Website, You will be deemed to have acknowledged and agreed to abide with and be bound by these Terms of Use, which together with our terms of Services and Privacy Policy outlined below, governs DWM’s relationship with You. In case You do not agree with the Terms of Use or any part thereof, please do not proceed with the access of or accessing of the Website in any way. 

Additionally, by using the Website, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that there are chances that any message or information You send to the Website may be read or intercepted by others, even if there is an express notice that a particular transmission is encrypted. Furthermore, You agree to grant us the permission to send electronic communications to You, which includes but is not limited to sending emails, newsletters, notifications and promotional offers from us and our partners. In the event, You no longer wish to receive such electronic communications, You may write to us. Following termination of our relationship with You, we will only retain and use Your content in accordance with these Terms of Use and Privacy Policy herein.

Access to DWM’s Service

DWM is a dedicated service platform specifically designed to provide You (individuals and organisations) with a wide range of consultancy and advisory services to address Your professional requirements for adopting and implementing innovation tools into existing systems. The Services will also be available across industry segments. The platform will facilitate and enable You to identify, evolve, apply and imbibe systematic ways to innovate for disproportionate growth journeys in the context of Your specific work outcomes, capability building of people and/or institutionalising innovation culture. Additionally, the Website will provide You with other support services such as online training, coaching, and identifying third party services to meet your specific needs. A complete list of Services offered by DWM can be accessed herein, in the “Offerings” section of the Website. Said section includes information of the kind of sessions to be held, whether virtual or otherwise, allotted time for each session, plans for package consultations and payment schedules for the same.

By using the DWM Services, You agree to be bound by these Terms of Services. Unless stated otherwise, all of DWM’s offerings are in online mode. Any offering delivered in physical mode is to be explicitly agreed upon. In any mode of delivery, You agree to pay DWM all applicable charges at the prices in effect, for the Services being provided to You. DWM will raise an invoice on You as per the agreed terms, with a request to make the necessary payments as applicable, for the Services availed or to be availed. Offline Services will be billed in the physical mode.

I. Registration

In case You wish to avail the Services, You will have to register online and setup an Account with us using the User registration form, wherein You will be required to disclose certain basic, personal and non-personal information, like Your name, address (city, country, pin code), and details of your profession, current position, size, location and turnover of organisation, contact details (telephone and email) and details of the Services You are seeking. Upon Your registration on the Website, DWM shall undertake a verification scrutiny of the details furnished and in the event the information submitted by You is found to be false or fraudulent or a misrepresentation of facts or is misleading, inaccurate or incomplete or otherwise of doubtful authenticity, DWM reserves the right to deny or block Your access to the Website and to its Services and/or to suspend or terminate or cancel Your User account. Further, mandatory and optional fields if any, will be clearly indicated in the information box and You are free to not disclose information that is not mandatory.

a) Payment

Upon registration and based on the Services You have opted for on the Website, You would be intimated online, of the charges for the same or the payment due for the same. You can choose to pay for the Services in an online or offline mode. Instructions for payment in the offline mode shall be explicitly provided to You in the payment section. For the online payment of Services sought, You will be prompted to provide Your payment details for ease of online financial transaction and You will be directed to make payment through a payment gateway, Razor Pay or PayPal (hereinafter “Payment Gateway”). Razor Pay is the Payment Gateway for the Website for accepting Your payment in INR (Indian Rupees), whereas PayPal is the relevant Payment Gateway for accepting Your payment in USD (United States Dollars). Payment Gateway as third-party service provider, may enforce terms and conditions on you, which are independent of these Terms of Use, and which You agree to comply with, as part of Service Agreement. User is further advised to check the Payment Gateway websites for their terms and conditions of use on the links provided herein:

Paypal User Agreement:https://www.paypal.
com/in/webapps/mpp/ua
/useragreement-full;

Razorpay Terms & Conditions: https://razorpay.com/terms/

DWM has no control over the operation of Payment Gateway and You may share information with them at Your sole risk. The Website shall not be liable to You for any misappropriation of Your personal information that occurs on such Payment Gateway. DWM reserves the right to change its Payment Gateway service provider as it deems fit and shall intimate You of the change if and when it takes place.

Additionally, DWM reserves the right to correct any billing errors or mistakes even if payment has already been requested or received. Any refunds or adjustments to be made by DWM on account of billing errors or mistakes, will be done within 30 (Thirty) days of receiving approval of refund requests made. For issues relating to payment failures or other issues with the Payment Gateway, refer to their Refund Policy on the attached link herein.

Paypal Refund section: https://www.paypal.com/in/
webapps/mpp/ua/useragree
ment-full#make-payment
and https://www.paypal.com/in/
webapps/mpp/ua/useragree
ment-full#error-resolution

Razorpay Transaction Disputes: https://razorpay.com/terms/

If Your payment method is invalid at the time Your payment is due or anytime later, You agree to pay all due amounts against all accumulated charges, upon demand or at the end of each Service cycle.

b) Account Information

It is a condition of use of this Website that all the details You provide to DWM will be true, correct, current, and complete and it shall solely be Your responsibility to always keep Your account information, username and password confidential at all times. You agree to make payment using that selected payment method and to provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date). Your paid Service account with the Website, will be activated in two or more working days of correct payment being credited to DWM. You must promptly notify us or the Payment Gateway if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.

In the event Your account information is breached, it shall be Your responsibility to promptly notify DWM by sending a mail to hello@dwminnovations.com failing which You shall have agreed to indemnify DWM for any loss or damage caused because of Your failure to maintain the security of Your account information. You shall also be liable to indemnify DWM for any loss or damage caused to it or the facility, in the event of Your conduct in providing it false information, and against which conduct necessary and appropriate action will be taken.

II. Licence and Ownership

Unless otherwise stated, any and all intellectual property rights (hereinafter “IPR”) associated with the Website, including all the information, text, links, services, content, images, designs, concepts and layout, looks, arrangement, appearance and assembly of content; graphics, button icons, audio, video, audio-video, multimedia and all materials available on or through the Website (hereinafter “Content”) contained therein, belong exclusively to DWM or its affiliates or Third Parties from whom they have been licensed. The Content is protected by Intellectual Property laws both of India and those countries with whom India has reciprocal arrangements. All customised graphics, icons, including some of the characters, logos or other images or other items incorporated by us on this Website are registered or unregistered trademarks, service marks or trade names ("Marks") of DWM, its affiliates or other entities that have granted DWM the right and licence to use such Marks through the Website. The said Marks may not be used or interfered with in any manner without the express written consent of DWM. All the written matter and the expressions and arrangement of the same, is the exclusive copyright of DWM and cannot be used by You. Except as expressly authorised, DWM does not otherwise grant You any express or implied rights to the IPR of its Website, Services and Content or that of any Third Party. Reproduction or copying of the Website, Services or its Content, whether partly or fully in any way or for any purpose whatsoever, is prohibited other than as authorized under these Terms of Use. You agree to observe and abide by all copyright and other proprietary notices and other restrictions contained in any such Content and You will not make any changes thereto. While DWM grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to view, access, download (for caching purposes only), and use the Website, Services and its Content for Your own, personal and non-commercial use only and only in the manner prescribed by DWM. You expressly agree not to publish or republish; sell or lease; show, display or depict or create any derivative works thereof; reproduce, duplicate or copy; edit, amend/modify or otherwise reverse-engineer; translate into any language or computer language; use or misuse; redistribute or resell or retransmit any Content, whether in part or in full, from this Website to anybody or provide any ink or hyperlink of this Website to any Third Party or frame or utilize framing techniques to enclose any portion or aspect of the Content, without the express, prior written consent of DWM. DWM reserves the right to terminate in appropriate circumstances, Users or account holders who repeatedly infringe or are believed to be repeatedly infringing the IPR of DWM or its agents or Third-Party holders. In case of such termination and in case they have subscribed to our Services, they will not be entitled to any refund.

a) Other Restrictions on Use of Website

In addition to the restrictions previously set forth in these Terms of Use, You agree that You shall not disguise in any way the origin of information transmitted through the Website nor will You place any false or misleading information on the Website nor will You present any false information about DWM products or Services or misrepresent any facts, including Your relationship with DWM and its affiliates or the otherwise use or access of any Services or Website content in a manner not expressly permitted by it. You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Content or which infringes the IPR of another or interferes with any other party’s use and enjoyment of the Website. You are further prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. You may not use or access the Website or Services or Content in any way that in the judgment of DWM, adversely affects its performance or functioning of the Website or interferes with the ability of authorised parties to access the Website or DWM Services. DWM reserves the right to remove any Website content, which it may determine at its own discretion, to be violative of these Terms of Use and Services or any law or statute in force at the time. 

III. Modifications

DWM reserves the right in its sole discretion to revise and update, change, supplement or delete these Terms of Use or its Services at any time or from time to time, without providing You any notice thereof. Any and all such modifications are effective immediately upon posting and apply to all who access and use the Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications and Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. DWM may also change or impose fees for Services being provided through the Website at any time, at its sole discretion and may establish or change, at any time, general practices and restrictions concerning other DWM Services at its sole discretion.

IV. DWM Privacy Policy

This Privacy Policy (“Policy”) governs the manner in which we collect, use, maintain and disclose information collected from Users of the Website and outlines how You can limit the sharing of information. All information regarding the use and collection of your data by DWM can be found in the Privacy Policy attached here on this link.

V. Links

a) Outbound Links: The Website may contain links to Third-Party websites and resources (referred to collectively hereinafter as "Linked Site/s"). These Linked Sites are provided solely as a convenience to You and as part of the Website and its Services and is not an endorsement by DWM of the content of such Linked Sites. DWM makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site and is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk and peril, knowing that Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

b) Inbound Links: Linking to any page of the Website through a plain text link, other than those explicitly mentioned above, is strictly prohibited in the absence of a separate linkage agreement with DWM. Any website or other devices that link http://www.dwminnovations.com/ or any page available therein to any other website or webpage is prohibited.

VI. Termination of Services

You may terminate Your use of the Services after the rendition of the Services as agreed. Website’s online Services cannot be otherwise terminated during the period of subscription to the Services. Termination of offline Services will be dealt with separately, as stipulated in the specific Service contract provided in an offline mode. In any case, You will be charged for the Services availed as per the agreed charges, till Termination. In the event You have failed to pay for the Services as subscribed for, despite reminders, it will be deemed as Your unwillingness to continue with the Services and the same shall be terminated. You agree that DWM, at its sole discretion, may terminate or suspend Your use of the Website and Services as above-mentioned at any time, even if access and use is continued for others. Upon such suspension or termination, You are required to immediately discontinue Your use of the Website, Services and destroy any copies You may have made of any portion of the Content or material on the Website. Accessing the Website, its Services and Content after such termination, suspension or discontinuation shall constitute an act of trespass. We may terminate Your use of the Services by sending notice to You at the mail or email address You provided to us or by otherwise contacting You. Furthermore, You agree that DWM shall not be liable to You or to any Third Party for any termination or suspension of Your access to the Website and its Services. Even after termination, these Terms of Use and Services will remain in effect, such that all terms by their nature may survive such termination.

VII. Disclaimer of Warranties

DWM makes no representations or warranties about the results to be obtained from using the Website or DWM Services. The use of same is at your own risk and peril. The Website, Services and its Content are provided on an "as is" basis. DWM , its licensors and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise. DWM and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, validity, fitness, security or timeliness of the Services provided on or through the use of the Website and hence is not responsible for any interactions between it and You. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website. No information obtained by the User from the Website shall create any warranty not expressly stated by DWM in these Terms of Use.

It is thus expressly clarified that DWM will assume no liability or responsibility for any:

(1) errors, mistakes, or inaccuracies of Content and materials

(2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website

(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein

(4) any interruption or cessation of transmission to or from the Website

(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any Third Party, and/or

(6) for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Third Party through the Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between You and any Third-Party providers of products or services.

VIII. Limitation of Liability

In no event shall DWM, its affiliates, licensors, suppliers or its directors, officers, employees, agents, service providers, contractors, or any Third Parties mentioned on the Website, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages on account of lost data resulting from the use of and/or inability to use the Website or interruption of the same, deficient services or inaccurate content, whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not DWM is advised of the possibility of such damages. To the extent permitted by applicable law and to the extent that DWM is otherwise found to be responsible for any damages, it shall be responsible for actual damages only and the remedies stated for You in these terms of use are exclusive and are limited to those expressly provided for herein.

IX. INDEMNITY

You agree to indemnify and hold us, our directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, harmless from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from Your breach of any of the foregoing provisions, representations or warranties, and/or from Your placement or transmission of any Content onto the Website’s servers, and/or from any and all use of Your account in violation of this Agreement or the failure to fulfil any obligations relating to Your account incurred by You or any other person using Your account. DWM reserves the right to take over the exclusive defence of any claim for which we are entitled to for indemnification under this Section. In such event, You shall provide us with such cooperation as is reasonably requested by us.

X. Compliance with All Laws

You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not in DWM’s sole judgment, negatively impact its goodwill or reputation and You shall take no action, which might cause DWM to be in breach of any laws, rulings or regulations applicable to it. DWM and its Website are based in India, and controls the dissemination of information and Services in its jurisdiction. You agree to comply with all such applicable restrictions and not to export or re-export the Services or Website content to countries or persons prohibited under India or other applicable export control laws or regulations. You agree that you will not use the Website in any country in any manner prohibited by any applicable laws, restrictions or regulations. You are solely responsible for the compliance with the laws of Your local jurisdiction and any other applicable laws regarding the export of the Services and content. If you access the Website from a location outside India, You are responsible for compliance with all local laws. DWM makes no representation that materials or other Content on the Website are appropriate or available for use outside India, its territories, possessions and protectorates.

XI. Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Mumbai, and they will have the necessary jurisdiction to prevail in case of any disputes between DWM and You. You agree that these Terms of Use and any contractual obligation between DWM and You will be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to the same, including the determination of the scope or applicability of the Terms of Use and DWM Services, or Your use of the Website or the Services or information to which it gives access, shall be determined first by arbitration in India, before a sole arbitrator appointed by DWM. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be in Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

XII. General Provisions

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use to any other person. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Failure to strictly enforce any Term of Use or forbearance to exercise any right or remedy shall not be construed as a waiver by DWM of such right or remedy or preclude the further exercise of the right or remedy or any other thereof. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such Terms of Use or any other terms or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

XIII. Grievance Redressal

While DWM ensures at all times to do its best to provide the best services to its Users, there could arise User grievances despite its best efforts, which it will ensure to redress promptly, upon receiving a report of the same at hello@dwminnovations.com.

These Terms of Use make up the entire agreement relating to Your use of the Services, and supersede all prior agreements relating to the subject matter hereof.

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