THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011 AND CONSUMER PROTECTION (E-COMMERCE) RULES, 2020. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN INNOWERX MANUFACTURING SERVICES PRIVATE LIMITED AND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN INNOWERX MANUFACTURING SERVICES PRIVATE LIMITED AND USERS FOR SERVICES THROUGH PLATFORM www.innowerx.com. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY INNOWERX MANUFACTURING SERVICES PRIVATE LIMITED.
Welcome to www.innowerx.com (Platform) that is absolutely owned and operated by “Innowerx Manufacturing Services Private Limited” which provides end to end manufacturing services to technology, engineering companies and any other interested entity who intends to outsource manufacturing services, (hereinafter referred to as “Innowerx”, which expression shall unless repugnant to the context thereof, include its successors and assigns) a Indian Company registered under The Companies Act, 2013.
If You (“You/Yourself/Guest/Visitor”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions for use of the Platform (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Platform’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Platform.
“Innowerx”; “us”; “we”; “our” shall mean Innowerx Manufacturing Services Private Limited, an Indian Company, registered under Companies Act, 2013, having its office at Plot No. R-397, T.T.C Industrial Area, Thane Belapur Road, Rabale, Navi Mumbai – 400701, Maharashtra, INDIA.
“Platform” shall mean www.innowerx.com owned, operated, and managed by us.
“Platform Content” shall mean all materials on this Platform, including but not limited to images, logo, software, text, icons, designs and such other content available on Platform.
“Register” shall mean registering to the Platform to avail the Services provided by the Platform based on conditions mentioned in this Terms of Use.
“Representative” shall mean authorised person of Innowerx who will be connecting and supervising the User, once Innowerx receives query related to our Services through this Platform.
“Service(s)” shall mean various manufacturing services offered through the Platform to technology, engineering companies and any other interested entity who intends to outsource manufacturing services.
“Users” “You” or “Your” or “Yourself” shall mean Users who visit, access, and use the Platform, who may register to avail Services.
Your registration for availing Services is subject to the acceptance of these Terms of Use and Privacy Policy of the Platform by You.
This Platform is dedicated to industrial, technology or manufacturing companies and any other entity who intends to outsource their manufacturing requirements. This Platform showcases our offered Services and User can avail Services by contacting us either online or offline.
There is no fee to access the Platform but in case any fees are made applicable to access or avail all or some of the Services, it shall be duly informed to You. As a guest, any viewer can navigate and browse through the Platform and no registration is required. However, in case you wish to be updated related to the activities on the Platform including newsletters, blogs, vlogs etc. You are required to subscribe to the Platform. By subscribing to the Platform, You will receive pop ups/updates on your provided mobile number or email ID related to newly uploaded content. There will be no fees charged for this subscription.
You are required to provide personal details while subscribing or initiating the request for availing the Services on the Platform. You will be required to provide information including but not limited to full name, address, postal code, city, state, country, location, email ID, mobile number, industry sector, your company/firm’s name and address etc.
You agree that the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Platform from time-to-time. We also reserve the right to refuse the request initiated by you for availing the Services at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
Through this Platform we provide end to end manufacturing Services to technology, engineering companies and any other interested entity who intends to outsource manufacturing services. In case User wants to avail any of our Services, it shall follow the process mentioned below:-
Payment shall be as per the accepted PO and quotation provided by the Platform and will vary from case-to-case basis. In case any specific Payment term are not mentioned in such PO then it shall be deemed as an advance payment basis exclusive of any taxes.
Shipping and Delivery terms shall be on ex works basis unless specified otherwise in the accepted PO.
There are no express or implied warranties provided by the Platform except for the warranties provided in PO, if any.
Refund policy shall be as per the accepted PO by the Platform and vary from case-to-case basis. In case there is no specific reference of refund in accepted PO, then it shall be deemed as no refund once the Services are initiated.
Any complaints regarding Services will be resolved through email between You and the Platform as the case may be. You shall email us on info@innowerx.com to register your complaint.
Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. Platform will send an email to the Users in case of any changes in Terms of Use and any other Policy. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.
We follow ethical business practices and intend to provide the content, which is authorised, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or photographs, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform on info@innowerx.com. After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content.
You represent, warrant, and agree that no Content or Details shared by You with Platform (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the content and details including but not limited to Trademarks, Service Marks, logos, feedback, testimonials etc. submitted by You for providing the listing, You also grant us the right (i) to display your content and details on the Platform (ii) promote or distribute it for the access of other users.
You agree that You are solely responsible for your Content made available by You through the Platform including but not limited to any liabilities arising out of any third-party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites. Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Platform. Your link to any such Linked Platform is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Innowerx. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You may get access to message boards, newsletters, chat bot, live chat rooms, emails, and other feature (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not use these Ancillary Services to perform any illegal activities (including without limitation legal rights, such as right of privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. Platform reserves the right to remove any live chats, comments or information provided by you if the Platform considers this inappropriate.
You agree not to engage in any of the following activities:
Violating laws and rights: You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation: You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption: You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products or Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others: You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or otherwise discriminatory, false, or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platform; and, You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to do so through the Platform.
Impersonation or unauthorized access: You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
You expressly acknowledge and agree that use of the Platform and Services is entirely at Your own risk and that the Platform, and the Services therein are provided on an "as is" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Innowerx, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Platform of Services and your use thereof. Innowerx makes no warranties or representations that -
We may occasionally for brief periods suspend the operations of the Platform for maintenance, updating purpose or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension. We shall not be or responsible for any –
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Details and Content that You submit or transmit for Services, (ii) Your violation of any rights of any other person in connection with the Platform, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law and regulation (vi) any representation and warranties made in relation to the Services and (vi) transactions (present and subsequent) between Platform and the Users.
In no event shall Innowerx, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Innowerx has been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Innowerx shall not be liable for User details or content or defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the foregoing rests entirely with You.
In any event, the total aggregate liability of Platform to You under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to the subscription fee paid on pro – rata basis by You on the Platform. In case You have not paid any subscription fee due to Platform’s policy or any other reason, Platform shall not be liable for any loss or damage in whatsoever manner.
The Platform is committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Platform and may be used subject to terms of Privacy Policy.
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the firm and its affiliates, subsidiaries, licensors, Users as the case may be. The Platform respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Innowerx.
If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Products/Services infringes a copyright, You may notify us at info@innowerx.com with the details.
Platform Content is protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.
By displaying our logo, service marks and trademarks on the Platform, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
If You wish to terminate this Agreement, You may immediately stop accessing or using this Platform. Your right to access and use the Platform terminates automatically upon Your material breach of any of the terms of these Terms of Use. Platform reserves the right to suspend or terminate Your Account at any time for any material breach of the obligations under these Terms of Use.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Choice of Law and Jurisdiction : These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Thane and the courts in Thane, India shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
Force Majeure : Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in performance of Services or delay in delivery of Product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, earthquakes, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Platform.
No waiver : The Platform’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
Severability : If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship : You agree that no joint venture, employment, or agency relationship exists between You and the Platform because of these Terms of Use or from Your use of the Platform or listing.
Entire agreement : These Terms of Use and Privacy Policy constitute the entire agreement between You and the Platform relating to this subject matter and supersede all prior communications and/or agreements between You and the Platform relating to this subject matter.
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