Terms & Conditions

‘This agreement (“user agreement”) incorporates the terms and conditions for dataworx and its affiliate Companies (“DW“) to provide solutions / services to the person(s) (“the User”) intending to purchase or inquiring for any solutions / services of DW, its branches and affiliates, by using DW‘s websites or using any other customer interface channels of DW which includes its sales persons, offices, call centres, advertisements, information campaigns etc.

Both User and DW are individually referred as ‘party’ to the agreement and collective referred to as ‘parties’.

DW being a customised solution provider to various industry verticals, creates and signs binding terms & agreements which are unique to each User. While the below sections provide a broad cover for the standard operating procedure, the final terms & conditions are evolved in discussion with the User. It is this biparty terms & conditions agreement that rules over all other agreements.

DW reserves the right to change the terms, conditions, and notices under which the DW solutions are offered, including but not limited to the charges. The User(s) is responsible for regularly reviewing these terms and conditions.

DW hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. DW considers itself and intends to be subject to the jurisdiction of the courts of Bengaluru, Karnataka.

For any issues with the service delivery, please get in touch with us directly, or with the information that you can find on the contact us page.

All support calls meant for online support go to people who can assist ONLY with project / agreement / contract / work order technical issues. For any unsolved technical issue, or a non-technical / functional issue you have been provided with an escalation matrix at the time of signing the agreement, which can be used to reach out to us

You can reach us for any issues/suggestions pertaining to the project / agreement / contract / work order.

The User(s) availing services from DW shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall set the stage for the customised terms & conditions that govern the desired transaction or provision of such services by DW for all purposes, and shall be binding on the User. All rights and liabilities of the User(s) and/or DW with respect to any services to be provided by DW shall be restricted to the scope of this agreement.

DW reserves the right, in its sole discretion, to terminate the access to any or all DW solutions, websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by DW which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User(s) shall be required to read and accept the relevant TOS for the service/ product availed by the User(s).

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User(s) shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User(s) elects to deal, including terms and conditions set forth in a Service Providers’ fee rules or other rules.

DW’s Services are offered to the User(s) conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User(s) constitutes acknowledgement and acceptance by the User(s) of this Agreement and the TOS. If the User(s) do not agree with any part of such terms, conditions and notices, the User(s) must not avail DW’s Services.

In the event that any of the terms, conditions, and notices contained in the customised terms & conditions, and its addendum sections conflict with the terms and guidelines contained herein, then the terms as well as the terms of engagement set in the customised versions shall control.

By using the Account Access service with DW’s solutions, the User(s) authorizes DW and its agents to access third party sites, designated by them or on their behalf for retrieving requested information.

The User(s) will choose a password and is/are responsible for maintaining the confidentiality of the password and the account.

The User(s) is/are fully responsible for all activities that occur while using their password or account. The User shall not give his/her user ID & password to anyone nor use anyone else’s user ID & password at any time. It is the duty of the User(s) to notify DW immediately in writing of any unauthorized use of their password or account or any other breach of security. DW will not be liable for any loss that may be incurred by the User(s) as a result of unauthorized use of his password or account, either with or without his knowledge.

"Fee" is defined as the amount that is paid by the User(s) for the use of the solutions / services offered by DW, its branches and affiliates. The User(s) shall be completely responsible for all charges, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by DW for the services or transaction fee or any other fees or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change of scope of the project / agreement / contract / work order, rate of taxes or imposition of new taxes by Government will be applicable from the date of change, irrespective of the date of signing the customised and unique contract with the specific terms and conditions applicable to the project / agreement / contract / work order. Such a difference shall have to be borne by the customer.

Any applicable refunds against project / agreement / contract / work order termination would accordingly be processed as per the defined policies of individual contracts and terms & conditions, and DW, as the case may be.

DW further reserves the right to alter any and all fees from time to time, without prior notice, which will be applicable to all future transactions.

Any personal information shall be governed by the privacy policy and shall not be disclosed any third party unless as required by law or to serve the purpose of this agreement, the cancellation policy, privacy policy, and the obligations of both the parties therein.

DW is responsible only for the information/transactions processed/transferred by the User(s) to/through DW. DW will not be responsible for screening, censoring or otherwise controlling/correctin information/transactions, including whether the information/transaction is correct, authentic, legal and valid to be used for providing the solution, or even as per the service offerings of DW, and/or laws of the land of the User(s) or the land of DW.

The User(s) warrants that they will base the expected output on the information transferred by the User(s) as well as abide by all such additional procedures and guidelines, as modified from time to time, in connection with the provision of the solutions or use of the services. The User(s) further warrants that they will comply with all applicable laws and regulations regarding the use of the services with respect to the jurisdiction concerned for each transaction, which for DW is Bengaluru Urban of Karnataka in India, and for each of the providers like the payment gateway or bank would be governed by their respective policies, and DW has no role to play where the control of the transaction is in external control.

The User(s) represent and confirm that the User(s) is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

Unless explicitly provided by DW in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the User(s), and DW doesn’t accept any claims arising out of any and/or all scenario(s) that warrant the use of insurance.

Insurance, if in the extremely unlikely event, if any provided as a part of the service / product by DW, shall be as per the terms and conditions of the insuring company.

The User(s) shall contact the insurance company directly for any claims or disputes and DW shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

The User(s) agrees that there can be exceptional circumstances where DW, its service providers or concerns may be unable to honour the confirmed time frames due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc.

The User(s) agree that in situations due to any technical or other failure in DW, services committed earlier may not be provided or may involve substantial modification. In such cases, DW shall refund an amount received from the customer for availing such services minus the applicable termination fee, refund and any other charges, which shall completely discharge any and all liabilities of DW against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User(s).

DW shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes. In such event, the User(s) affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of DW arising under any circumstances, in respect of any services offered, shall be limited to the refund of total amount received from the customer for availing the services less any project / agreement / contract / work order preapproved expenditure, processing or other charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by DW for its services.

In no event shall DW and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the performance of the DW. Neither shall DW be responsible for the delay or inability to use the desired functionality from DW services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through DW, or otherwise arising out of the use of the DW service(s), whether based on contract, tort, negligence, strict liability or otherwise.

DW is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

While DW will always make its best endeavours to ensure that the content on its websites / solutions or other services or media are free of any virus or such other malwares, the User(s) understand and agree that any material and/or data downloaded or otherwise obtained through the use of the solution / service is done entirely at their own discretion and risk, and they will be solely responsible for ensuring the safety of their computer systems / mobile / portable devices, with the use of appropriate software / hardware. Any damage or loss of data that results from the download of such material and/or data, is solely the responsibility of the User(s), and DW is neither directly or indirectly responsible for any damage or loss, associated with the use of the website or other information channels.

The User(s) are aware that DW provides various services like software development for web or mobile applications, websites, impact evaluation services, software testing, IT enabling businesses etc. The User(s) hereby specifically authorize DW to contact the User(s) with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to DW for specific exclusion at privacy@dataworx.co.in or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of DW in accordance of which DW contacts, solicits the User(s) or shares the User’s/Guest's' information.

DW may provide the User(s) with software code and/or contents such as sound, photographs, graphics, video or other material contained in the website, software applications, brochures, sponsor advertisements or other information channels. The solution while falling under the overarching intellectual property of DW, some of the components may be protected by independent and individual copyrights, trademarks, or other intellectual property rights and laws.

The User(s) may use this material only as expressly authorized by DW and shall not copy, transmit or create derivative works of such material without express authorization.

The User(s) acknowledge and agree that he/she/they shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary material distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User(s) to personal liability or criminal prosecution.

The customised terms and conditions might have a clause for transfer of intellectual property to the User(s), at which point of time, the intellectual property of the specific part of the solution built by DW shall be transferred as per the agreement, but the components which belong to third parties shall continue to be governed by their individual intellectual property framework.

The User(s) agree to indemnify, defend and hold harmless DW and/or its affiliates, their websites and their respective lawful successors and assigns from, and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DW and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User(s) pursuant to this agreement.

The User(s) shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and DW cannot be held responsible for the same.

DW at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by DW is not complete until full money towards the service is received from the customer and accepted by DW.

Without prejudice to the other remedies available to DW under this agreement, the TOS or under applicable law, DW may limit the User’s online, as well as on premises activity, warn other User(s) of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the User(s) with access to the output of the project / agreement / contract / work order if:

  • The User(s) are in breach of this agreement, the TOS and/or the documents it incorporates by reference
  • DW is unable to verify or authenticate any information provided by the User(s); or
  • • DW believes that the User’s/Guest's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User(s), other User(s) of the output of project / agreement / contract / work order / website and/or any of the intellectual properties of DW, its affiliates, partners etc.
DW may at any time in its sole discretion reinstate suspended User(s). Once the User has been indefinitely suspended the User shall not register or attempt to register with DW or use the output of the project / agreement / contract / work order in any manner whatsoever until such time that the User is reinstated by DW.

Notwithstanding the foregoing, if any User breaches this agreement, the TOS or the documents it incorporates by reference, DW reserves the right to recover any amounts due and owing by the User to DW and/or the service provider and to take strict legal action as DW deems necessary.

If any provision of this agreement is determined by the court of law, to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

User(s) acknowledges that DW provides services with reasonable diligence and care. It endeavours its best to ensure that User(s) does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the DW office, websites or other channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as DW notices them. Changes are/may be periodically made/added to the information provided such. DW may make improvements and/or changes in the DW websites, software applications, brochures or any other mode of communication, at any time without any notice to the User(s). Any advice received except through an authorized representative of DW or the DW websites should not be relied upon for any decisions.

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