Term of use

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) mentioned in this document and all other operating rules, policies, and procedures that may be published on the website, which are incorporated by reference and may be updated by the Website without notice to you. In addition, some Services offered through the Website may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Services of the Website is available only to individuals who need their funds transferred to an Indian bank account. The Company may, in its sole discretion, refuse to offer the Website’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website’s services is revoked in those jurisdictions.

Definitions:
1. "Contributor/Backer" means an individual,Group of Individuals or a body corporate including but not limited to a registered Company, Proprietorship firm, HUF, a Partnership who shall contribute to, or fund the Project of a Seeker listed on the Website and is a registered user of DW
2. "Funds"or "Contribution" means the contribution contributed through the website towards a Project by the Contributor.
3. "Project/Campaign" means the project or the cause listed by a Seeker under any/multiple of the various categories provided in the website with an intention to raise awareness and funds for their projects.
4. "Seeker" means an individual, Group of Individuals or a body corporate including but not limited to a registered Company, Proprietorship firm, HUF, a Partnership who shall list a Project on the website to raise awareness or to seeking funds and is a registered user
5. "Users" means the Seeker, Contributor or a registered user of the website who may be directly registered or has logged in through a third party website to the DW website or any visitor who may or may not be registered to DW and are legally competent and 18 years of Age and above.
6. "Rewards" means a reward, benefit or a product offering offered by the Seeker to the Contributor. These could be unique incentives for the Contributors of Funds, specifically excluding any interest paid or monetary reward or sweepstakes or sweet equity.

Summary of Services

The Website is a platform which a Contributor/Backer utilizes to meet and interact with various Seekers to enter into transactions for making Contributions or sharing information.
1. The Seeker can run Projects which are in nature of finite work with a clear end deadline or a goal.
2. The Project may be listed under the various categories available in the website with an intention to raise awareness and funds for their Project.
3. The Seekers raise funds by presenting their Projects in an appealing manner to the Contributor asking for their financial Contributions or Funds.
4. The Seeker may or may not offer rewards or benefits in lieu of the Contribution made to their Project. The rewards may be tangible and/or intangible rewards.
5. Only provides a technology platform for communication. DW is a marketing service provider and the Website merely provides platform services which can be utilized by the Seekers and the Contributors and persons browsing /visiting the Website to reach a larger base of people.
6. It is agreed that the transactions whether gratuitous or otherwise or any Rewards shall always be bipartite between the Seeker and the Contributor and DW shall not be liable to it in any manner whatsoever.
7. The User acknowledges that DW is only a marketing service provider and DW makes does not verify the bonafides and genuineness of Project, DW cannot and does not verify specific data provided by Seeker's Project.
8. DW shall not in any manner be responsible or held accountable or liable for any dissatisfaction or grievance among the various categories of Users or any acts or omissions of the Seekers or Contributors legal obligations.
9. It is hereby clarified that at no time shall DW hold any right, title or rewards (except to the extent as stated expressly)or have any obligations or liabilities in respect of such providing the same to the Contributor. DW is not responsible for unsatisfactory or delayed performance of the Project by the Seeker.

Terms and conditions for Seekers

Project submission and evaluation
Seeker has to go through a free mandatory evaluation process in order to get selected by the Website for the purpose of hosting their Project and raising funds. Seekers will have to provide all the details in the project form in an accurate manner so that we can revert in case of clarifications needed. Only after successful satisfaction of the project team at DW, will the projects be made live.

Project approval or rejection
The Company follows proprietary guidelines and criteria while selecting a Project for the purpose of raising funds on the Site. Only those Seekers, whose projects are approved by the Company, are allowed to raise funds on the Website by running their Project. The Company reserves the right to select or approve a Project as per these guidelines and also reserves the right to communicate or not communicate the reasons for rejection.

Fee structure
The company charges the following fees

	Flexible Funding	Fixed Funding
You Reach your goal	5%*	5%*
You Don't Reach your goal	9% - You keep what you get. This is to ensure project owner set reasonable funding goals and work on their Project to make it successful.	0% - You don’t get anything. Money gets refunded back to Contributors by deducting 3-6% as payment gateway charges.

*Additional 3% will be charged as payment gateway charges.

Approved Seekers are liable to pay the company no upfront fees but the fees as mentioned above on the final amount raised for the Project. All fee to the company is liable to an additional service tax as may be applicable from time to time. Total amount raised in a Project is calculated after deducting the total refund amount of a Project. DW reserves the right to change its Fee Policy from time to time. In particular, DW may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event DW reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

Exclusivity
Seekers will not run any other crowdfunding Project on any other platform while crowdfunding on DW for the same project. If the Company has a reasonable information about the breach of this clause the Project will immediately be taken down and the Company shall be free take any action including a legal action and not limited to withhold any funds for the Seeker

Setting up your Project on DW
1. Seekers are solely responsible for creating their own Project pages within the format provided by DW.
2. Seekers must source all relevant content including text, images, and videos themselves. Seeker further agree that Seeker's content or any other submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless Seeker has permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Website all of the license rights granted herein.
3. Seeker will pay all royalties and other amounts owed to any person or entity based on their submitting content to the Site or the Company's publishing or hosting of the content as contemplated by these Terms of Use. The use or other exploitation of content by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party.
4. Furthermore, all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any content.
5. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Website. All content you access through the Website is at Seeker's own risk and you will be solely responsible for any resulting damage or loss to any party.
No Project on DW can launch before DW has approved all the Project page elements i.e., the pitch video, pledge content, images, team bios etc. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content. DW's feedback to change the elements, if given to the Seeker, must be implemented by the Seeker. DW holds the right to disallow unsatisfactory Project from going live on our platform.

Project Editing - target & timeline
DW allows editing of Projects long as it adheres to the project guidelines. However, we strongly discourage changing your initial idea/project to something that is totally different. Once the Project is launched and is Live to the visitors, target amount and time period of it cannot be changed in any situation, however it shall be totally at the discretion of the management to make any exceptions.

Marketing for the Project once it is published
1. DW may assist the Seeker by marketing their project, both offline and online through its various social media platforms. However, Seeker is solely responsible for marketing the Project to friends, family members, and fans, through various online & offline channels. DW will only provide marketing guidance in the form of a pre-post-live marketing checklist and marketing tips & tricks post Project launch. DW also does not guarantee Project success in following our advice.
2. DW will showcase all live Project in its "Discover" section of the Website but as per DW's discretion,DW also reserves the right to select & market any Project on the Website's homepage or any other section of the Website or in its periodic remailers. Project performance may influence selection but does not ensure it.

Reporting
- In compliance to the Privacy laws and Privacy Policy, all Seekers are provided all information about the Contributors to their Project. The information shall include name, email, Contributions, rewards etc., in the analytics section of the profile.
- DW enables complete transparency of funds collected through real time emails for every funding transaction &Contribution reports downloadable at the discretion of Seekers. However, DW is not liable for incorrect Contributor information provided by Contributors.
- DW may not disclose the name of the Contributors who have chosen to be anonymous but only provide other contact details like Contribution, reward, address etc. as may be necessary to enable the Seeker to deliver the promised rewards.
- Seeker must connect with Contributors directly, without involving the Website or the Company, to get any other information other than the details of the Contributor provided by DW to the Seeker.

Funds
1. Fund transfer and management
  - DW only enables the flow of funds from Contributors to Seekers and is not the final recipient of funds raised on its platform, unless we plan running a proprietary crowdfunding Project.
  - Once your project gets successfully funded, we will transfer the funds into your bank account. It may take us upto 2 weeks from end of project to transfer funds into your account.
  - Fund transfers are only made to Indian bank accounts within or after 15 days of the end of the Project time period through a net transfer. DW deducts its transaction fees and service tax and transfers the net amount to the Seeker.
2. Foreign funds
  - DW allows foreign funds for Project in non-social category. For Project run by NGOs, You have to be registered/approved with FCRA to be able to receive foreign donations. Else foreign Contributions will be restricted on your Project.
3. Fund transaction and accountability
  The website offers various payment gateways to facilitate transaction of funds for Project. However, it may be noted that the Website or the Company:
  - We are not the final recipients of any funds from the Contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by Seekers, who are the final recipient of funds
  - Collects the funds in the Company bank account till the Project is running for a time period chosen by the Seeker and transfers the funds to the Project's bank account generally within 15 days after the Project's time period has ended
  - Makes refunds after deducting necessary transaction fee to the Contributor, who has chosen to get a refund in the event of a Project not being able to raise its target amount
  - Does not guarantee Contributions and Contributors for a Project
  - Does not guarantee that the target funds of a Project will be raised fully
  - Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing
4. Use of funds
  Misappropriation is an absolutely ban for Project funded through DW. The Seeker must use the funds collected through DW solely for the project described in their crowdfunding Project. Seekers may be liable to legal prosecution by Contributors /Contributors if they are found to be using funds for inappropriate purposes. The Website can discontinue the Project if it gets any notification of misuse of funds or use of funds for another purpose other than the stated project at any time of the Project, without any notice or discussion to the Seeker at the Company's sole discretion

Taxation
Seekers must bear any tax liabilities on the funds raised through DW. These taxes may include, but are not limited to, income tax, VAT, and service tax applicable on the Fund's raised or on the procurement of rewards. DW is not liable to provide any tax or legal advice to Seekers in addition to the information already provided in our FAQs section.

Project completion
Completing a project as per the promised project detail brings in credibility and a higher success ratio for any future projects that the Seeker would be a part of. While Seekers have full authorship and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Seeker must also keep the Contributor updated about the work in progress in case of delays to avoid Contributors dissatisfaction.
The Company or the Website does not make any claims or guarantees on behalf of the Seeker regarding the timely completion of the project and usage of the funds raised solely for the purpose of the project. Similarly, the Company or the Website does not take any responsibility for making sure that the project for which the funds are raised through its Website is completed and made available to the Contributors. The Contributors are free to get in touch with the Seeker directly and solving any dispute that arises regarding the Project or during the project.

Project rewards
Seekers are encouraged to offer rewards in a tiered structure to Contributor in exchange for their funding. These rewards cannot be financial in nature (e.g., interest on funding amount, ownership/equity stake, revenue/profit share). These rewards could be tangibles or intangibles in nature.
Seekers are solely responsible for the procurement and delivery of rewards to Contributor and must meet the rewards delivery date specified by them on the Project page.
DW will not be responsible for any liabilities resulting from Contributors' dissatisfaction with rewards fulfillment. Seeker must be aware that Contributors may take legal action if they don't receive the rewards promised by the Backer/Supporter/Funder by the specified timeline and in a satisfactory format or manner.

DW branding & marketing
Seeker must include DW's logo branding on all project and/or Project related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per DW's brand and logo guidelines. DW should be credited as the project's "Online Crowdfunding Partner" at online Project pages or project related offline events. Also successful Seekers are obliged to attend, be a part of and/or lead DW's branding & marketing activities such as events, ad videos, interviews, etc.

Project cancellation
DW reserves the right to reject, cancel, interrupt, remove, or suspend a Project at any time and for any reason. DW is not liable for any damages as a result of any of those actions. As a part of our policy, DW is not obliged to comment on the reasons for any of those actions.

Terms and conditions for Contributor
1. Contribution amount
  The Contribution amount of a Contributor is reflected on the Project page including the name. The amount is also shared with the Company and the Seeker for the purpose of rewards delivery. The amount also gets added to the total amount raised in the Project.
2. Anonymity
  The website allows a Contributor to make an "anonymous" Contribution to a Project, even after registering through email or the Facebook login. By choosing to be anonymous, the website does not publish the Contributor's name or image on a campaign's Contributor section and also does not provide the Contributor's name to the Seeker, except for the phone number, billing/shipping addresses and any other relevant information as may be required for the purpose of delivery of Rewards
3. Fees and taxes
  Contributors give their consent and authorize the Website to deduct the necessary commissions and taxes on the contributed amount before transferring to the final recipient i.e., the Seeker
4. Payment details
  By funding a Project, the Contributors agree to provide their name, email address, phone number, billing, shipping addresses and any such information as may be necessary. They also agree to provide the authorized online payment gateway of the Website and other third party utilities, as the case may be, , necessary & required details of their credit and debit cards for making an online Contribution, or the accurate address for cash/cheque pick up to the Website's offline collection vendors. Contributor agree to have sufficient funds or credit during making a Contribution for a Project. Contributor are informed that their credit and debit card related details are not provided to the Company or the Website by the online payment gateway & remain confidential.
  We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
5. Other Contributor information
  Contributor authorize the Website to provide Seeker their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project.
  Additionally, they also authorize the Website to publish their name and image on the Funding section of the Project that is funded by them. However, Contributor can choose to be "anonymous", if they don't wish to make themselves public.
  Furthermore, by providing the Website their contact details, Contributor agrees to receive regular updates about the future crowdfunding Project on the Website through our regular newsletters. They can always choose to deactivate reception of the Website's newsletter and other notifications.
6. Refund
  Contributors will get a refund of their Contribution in case the Project they are funding is a fixed funding Project and the Seeker fails to achieve its funding goal. The Contributors agree to receive the refund through online transfer or any other mode as may deem fit by the company. In case of a refund, the Contributor agrees to let the Website deduct it's payment gateway charges and any other refund/ transnational charges from the Contribution.
  A Contributor cannot ask for a refund if a Project he/she funded met its target. The Contributors discharge the company or the Website or the Seeker from any obligation to make a refund in such a case. . In case of a cancellation by the Seeker, they are not required to deliver the reward whatsoever. Seeker undertakes that in case of cancellation due to any reason he/she is legally bound to repay any gateway or transnational charges to DW .DW reserves the right to recover any gateway or transnational charges arising out of such cancellations.
  In any case whatsoever the Contributor will not be allowed to cancel any successful transaction he/she has once made, Cancellation for the purpose of this clause would mean cancelling the contribution towards the Project. The Seeker upon his will is free to accept or reject any contribution made by a contributor hence cancelling it without any explanation or justification of whatsoever nature.
  International Contributors will not get a refund once a transaction is made successful on the Website to a Project chosen by them. In case a Project is discontinued or doesn't meet its target, the foreign Contributions are passed on to the Seeker. If any refund is required by the international Contributors, they will have to directly connect with the Seeker for the same.
  In any other scenario, other than when a Project does not meet its funding goal, the Website or the Company are not obligated to make any refunds. Seekers and Contributors agree to deal directly with each other, without involving the company regarding any refund negotiations other than in the aforementioned scenario.
7. Project completion
  The Company or the Website does not oversee the performance or punctuality of projects, neither does it guarantee the completion of projects. The responsibility of project completion solely lies with the Seeker. The Seekers are made to understand that timely completion and adherence to commitments generally gets them a loyal fan following and a bunch of early adopters. However, Contributor agree to not hold the Website or the Company responsible for any of their dissatisfaction related to the project they funded and must deal with the Seeker directly. Contributors, by making a Contribution to a Project on the Website, are assumed to have understood that projects run the risk of getting delayed or not completing.
8. Rewards delivery
  Contribution or support towards the Project on the Website will be solely considered a voluntary Contribution for which Contributor will receive the Reward mentioned in the amount slab chosen by the Contributor. The Estimated Delivery Date of the reward given by the project creator is an indicative time of delivery and not a promise to deliver the reward by that date. Delivery and fulfillment of the promised rewards to the Contributors is the sole responsibility of the Seeker.
  The Company or the Website shall not be responsible for any liabilities resulting from Contributor's dissatisfaction in relation to issues around Rewards to be offered and fulfilled by the Seeker
9. Rights of the Contributor
  Contributor agree and undertake to not claim any ownership in the project they fund through the Project on the Website. The rights of the project remain with the Seeker

DW's rights
- DW reserves the right to make changes in its technology platform or crowdfunding services at any time as it sees fit. Users are requested to keep themselves updated with all changes on DW's platform and policies by regularly checking its FAQs or Terms of Use or Privacy Policy or with the Company directly.
- The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Website on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, trans code, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Website, (b) the Company's (and its successors' and assigns') businesses, (c) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
1. Third-Party Websites back linking and inter-linking
  The Website may permit Seekers and users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company
2. Right of Audit
  DW or the Company's authorized representative or a third party including but not limited to a regulatory or authorized government agency reserves a right to audit the transactions and utilization of the Funds by the Seeker. The cost of such Audit shall be borne by the Seeker of the Funds.

Dispute between Seeker and Contributor
The Website or the Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Website. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Project on the Website.
The Seeker and the Contributor specifically through this clause discharge the Website and Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.

General
1. Rules and Conduct and IPR
  As a condition of use, the Users undertake not to use the Website for any purpose that is prohibited by the Terms of Use or law. The Website and its' services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Website and its Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
  - Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  - You know is false, misleading, or inaccurate;
  - Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  - Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  - Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
  - Impersonates any person or entity, including any employee or representative of the Company.
  - Users may not use the Company's Website for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law."
  - Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail list, Lister, or any form of auto-res ponder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
  - You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive here under. You shall abide by all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Project or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. DW reserves the right not to comment on the reasons for any of these actions.
2. Termination
  The Company may terminate the Users access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3. Indemnification
  The Seeker shall not hold DW responsible in the event of target not met. The Seeker will also not hold DW responsible for any unforeseen technical glitches such as but not limited to website down for maintenance, server errors, speed of website download, any viruses in the website etc. that might affect transaction activity on their Project. Additionally, users shall defend, indemnify and hold harmless DW, it's affiliates, employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. DW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the DW in asserting any available defenses.
4. Limitation of Liability
  In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
5. Electronic Delivery, Notice Policy, and Your Consent
  By using the Website, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Website (collectively, "Contract Notices") electronically. The Company may provide the electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website.
6. Governing Law
  This agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Jaipur.
7. Dispute Resolution
  Any dispute involving DW, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by DW and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Jaipur and the language to be used in all proceedings shall be English
8. Integration and Severability These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under.
9. Miscellaneous
  The Company shall not be liable for any failure to perform its obligations here under where the failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub licensee by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations here under without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
10. Modification of Terms of Use
  The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.