Definitions
For the purpose of these “Terms of Use” or “User Agreement”, wherever the context so requires,
- “We”, “Our”, “Growth Wings” and “Us” shall mean and refer to the Growth Wings Marketing Private Limited and/or the Company, as the context so requires.
- “You” Your” shall mean the User/client. “User” refers to natural and legal individuals visiting, accessing and/or using the Website by means of any communication device.
- “Website” refers to www.thegrowthwings.com site.
- “Services” refer to the use of any product, service or feature we provide through this internet website or Growth Wings.
- “Third Party” or “Third Parties” refers to any website, application, company or individual apart from the User and the creator of this Website.
Usage of the Website
The Growth Wings website is intended for personal, non-commercial use only. By visiting our Website and accessing the information, products, services, and tools (hereafter referred to as ‘Services’), we provide to you either directly
or indirectly, you acknowledge and agree to use these Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or
guidelines.
Wherein, you understand that:
- To access our Services, you may be asked to provide certain information about yourself (such as contact details, identification, etc.) as part of the registration process, or as part of your ability to use the Services. You also
agree to provide correct, accurate, complete, and up to date information as prompted by the website. In case any of the information that you provide is incorrect, inaccurate, false or incomplete (or becomes untrue, not current
or incomplete), or Growth Wings has reasonable grounds to suspect that such information is incorrect, misleading, not current or incomplete, Growth Wings has the right to suspend or terminate some or all current or future utilization
of the website or Services in connection thereto.
- You are liable for maintaining the confidentiality of your passwords, login, and account information related with any account you use to access our Services. Hereafter, you are responsible for all use of the website by you and
anyone using your password and login information.
- Attempting to copy, duplicate, reverse engineer, sell, trade, or resell our Services is strictly prohibited.
- You are solely liable for any losses, consequences, or damages that we may directly or indirectly incur or suffer due to any unethical or illegal activities conducted by you, as explained above, and may incur criminal or civil
liability.
- You agree to indemnify and hold harmless Growth Wings and their directors, officers, managers, employees, and licensors, from and against all losses, damages, expenses, and costs, resulting from any violation of this User Agreement.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an occurrence, you shall provide Us with such cooperation as is reasonably
requested by Us.
Modification to the Services and Prices
Prices for our products and services are subject to change without any prior notice posting updates and/or changes to our website. Growth Wings Marketing Private Limited, at its sole secretion, reserves the right at any time to modify
or discontinue the Service (or any part or content thereof) without notice at any time. Furthermore, the company will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of
the Service.
Limited License
Subject to the terms and conditions set forth in these Terms of Use, Growth Wings Marketing Private Limited grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon.
You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
“Terms of Use” Agreement
Once you agree to work with Growth Wings Marketing Private Limited, you also agree to:
- The Cheque/Money Order/Wire Transfer/PayPal payments will be payable to “Growth Wings Marketing Private Limited”. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested
information and applicable professional service fees.
- All the applicable taxes will be levied as per actuals.
- At no event will Growth Wings Marketing Private Limited be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising
out of the operation of or inability to operate the presentation application.
- In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
- Client represents to Growth Wings Marketing Private Limited an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to Growth Wings Marketing Private Limited
for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Growth Wings from any claim or suit arising
from the use of such elements furnished by Client.
- Copyrights or ownership to the source code and/or design of all files produced, developed, and designed by Growth Wings Marketing Private Limited during the course of working on the project will belong to Growth Wings. The project
rights and ownership of source code and/or design will be handed over to Client once the final payment will be received by Growth Wings.
- This agreement contained in this “Proposal” constitutes the sole agreement between Growth Wings Marketing Private Limited and Client and its owners.
- Any additional work not specified in the proposal will be estimated separately or would require an amendment to this proposal.
- All the necessary materials such as images and text/content is to be provided by the client. In case the client does not provide us the images and content, the client gives us the assumed right to use the materials from the internet.
Growth Wings Marketing Private Limited will try its best to use the Royalty free images but once the delivery is done, it is the client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds
that there is something that does not belong to him, he will immediately get back to Growth Wings Marketing Private Limited to get it changed. Once the delivery of the work is done, Growth Wings Marketing Private Limited does
not accept the responsibility of any copyright infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally, it is in the best interest of the client that they provide the images
and text/other content at the time of contract only and ensure that work is done as per his agreement.
- In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to Growth Wings Marketing Private Limited at the time of making the due payment. The Professional fees
are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable extra by the Client.
- In an event Client terminates the project during the course of the development of the website; in this case, the initial advance will not be refunded.
- In case of any legal proceeding, the amount paid will not exceed the amount charged from the client, less handling charges, for products and/or services purchased via Growth Wings Marketing Private Limited.
Communications
When you Use the Website or send other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records. Furthermore, you hereby expressly agree to receive communications
by way of emails from Us periodically as and when required.
Content
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Growth Wings express prior written consent.
Privacy Policy
We treat Your Personally Identifiable Information (PII) as an asset that must be protected against loss and unauthorized access. Any Personally Identifiable Information such as name, contact number, postal address and other details
you post on the website and/or provide us during the course of your dealings with Growth Wings Marketing Private Limited, shall be subject to our Privacy Policy. For more information, please read and understand our Privacy Policy
carefully. (hyperlink to privacy policy)
Third Party Content
Our Website and the content available through the Services may contain features and functionalities that may link you or provide you access to Third Party content and web domains, which is completely independent of Growth Wings Marketing
Private Limited, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We have included links to these websites
to provide you with access to information and services that you may find useful or interesting. However, We are not responsible for and assume no liability for the content of these sites or for anything provided by them and do
not guarantee that they will be continuously available.
Limitation of Liability
In no event shall Growth Wings Marketing Private Limited be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the
possibility of such damage.
Disclaimer
The website may contain inaccuracies and typographical and clerical errors. Growth Wings expressly disclaims any obligation to update this site or any of the materials on this site. Growth Wings does not warrant the accuracy or completeness
of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information
shall be at your sole risk. Growth Wings reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Growth Wings may make any other changes to the site, the materials, and the products,
programs, services or prices (if any) described in the site at any time without notice.
Indemnity
You agree to indemnify, defend and hold harmless Growth Wings Marketing Private limited and our partners, subsidiaries, affiliates, officers, directors, agents, licensors, service providers, employees and interns, harmless from any
liability, loss, claim or expense, including reasonable attorneys’ fees, related to your violation of this User Agreement or use of the Website.
Trademark, Copyright and Restriction
Thegrowthwings.com website is controlled and operated by Growth Wings Marketing Private Limited. All the pages, graphics, and content which has been posted on our Website are protected by copyrights, trademarks, and other intellectual
property rights and is solely for personal, non-commercial use only. Nobody without the written permission of the Company can use our content (written, images, or videos) or any other information as they have been created and posted
by the Growth Wings team or have been originally sourced from real users. Individuals/organizations are strictly prohibited from using the content from our website for commercial purposes. Failure to do so is a violation of the
copyrights, trademarks and other proprietary rights.
Assignment
You may not assign your rights and obligations under this Agreement to anyone. Growth Wings Marketing Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Force Majeure
The company shall not be liable for any cessation, interruption or delay in the performance, due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrisom, armed conflict, labor strike, lockout, boycott or any
cause that is beyond the control of Growth Wings Marketing Private Limited .
Cessation of Operation
Growth Wings Marketing Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and offering the Services.
Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Gurgaon, Haryana.
Changes to Terms of Use
You can review the most current version of the Terms of Use at any time at this page. Moreover, we advise our users to keep a periodic check on the Terms of Use of our website as any changes that happen over the website with due course
may or may not get notified to our users. We reserve the right, at our sole discretion, to change, modify, add or remove any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to
check this page periodically to ensure you are familiar with the current version. Your continued use of our website or our services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Contact
If you have any questions regarding our Terms of Use, the practices of the Website, or your experience with the Service, you can reach us on ‘[email protected]’.
