This document sets out the terms and conditions for access or usage of HERO’s website at www.heroforstartups.com (“Website”) and/ or software  application of HERO used by its authorised dealers inter alia for providing assistance to the customers in relation to the Platform Services (“Application”)  (together referred to as “Platform”) and services provided therein, and is published in accordance with the provisions of Information Technology Act, 2000 (as amended), rules made thereunder (including Rule 3 of the Information Technology [Intermediary Guidelines and Digital Media Ethics Code] Rules, 2021) and other applicable laws that require publishing the rules and regulations, Privacy Policy and Terms of Use of the Platform. For ease of reference, this document is divided into two parts, (i) Part A containing the general terms of use applicable to the Platform as whole; and (ii) Part B which contains the terms and conditions specifically applicable for Platform Services (defined under Part B, and also referred to as the “Services”) provided on the Platform. With respect to the Platform Services, Part B shall apply along with Part A of these Terms of Use.

 

This document/agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures.

 

PART A - GENERAL TERMS OF USE

 

These Terms of Use along with Privacy Policy  and  Disclaimer are a legally binding document between You and Us and lays out the terms, conditions and rules, as may be amended and supplemented, from time to time which shall be applicable to Your present and future access and use of the Platform and availing/ applying for/ use of Services on the Platform.

 

This user agreement (“Terms and Conditions” or “Terms of Use” or “T&C” or “Terms” or “Agreement”) is between You (“You” or “Your” or “End User” or “User” or “Registered User”) and Hero MotoCorp Limited (“Company” or “Us” or “We” or “Our” or “HERO”). By accessing this Platform or providing Your information on the Platform, You agree to be bound by these Terms of Use. This Agreement along with Privacy Policy and Disclaimer describes Our relationship with You.  

 

Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall alone prevail for the purposes of usage of the Platform. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, Privacy Policy, at any time without any prior written notice to You. For this reason, We encourage You to review these Terms of Use every time You visit or use Our Platform/ Services.

 

1. INTRODUCTION

 

The domain name www.heromotocorp.com is owned, maintained and operated by Hero MotoCorp Limited.

 

2. ELIGIBILITY OF USER

 

Usage/browsing on the Platform is free for visitors. HERO does not charge any fee for browsing the Platform.

 

Use of this Platform, is allowed only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, You are not eligible to use the Platform and may only use the Platform with the involvement of a parent or guardian.

 

HERO reserves the right to terminate Your login, if any and / or refuse to provide You with access to the Platform if it is brought to HERO’s notice or if it is discovered that You are under the age of 18 years and/or violate any provision of the Terms of Use.

  

3. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

 

a.  We reserve the right to terminate Your login account, if any and/or refuse to provide You with access to the Platform or the Services, if it is brought to Our notice that User is not an eligible user or for any other reason at HERO’s discretion. By providing information on the Platform, You agree that such information will be true, accurate, current and complete and You will keep all the information up to date. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your user account on the Platform and refuse to provide You with access/use to/of the Platform or the Services.

 

If You or HERO terminates Your use of the Platform or any service therein, HERO may delete any content or other materials relating to Your use of the Platform and will have no liability to You or any third party for doing so. In case You have created a login for the Platform, You are solely responsible for maintaining the confidentiality of Your user ID/Your account/display name and password and for restricting access to Your computer or any other device used to access the Platform to prevent unauthorized access to Your account and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under Your account and password. User can also deregister and delete account from the Platform with or without cause /reason.

 

b. HERO shall have the right to retain information provided by You for such period as prescribed under applicable laws.

 

c. Use of the Platform:

 

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

 

(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

• belongs to another person and to which You do not have any right to use;

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another’s privacy including bodily privacy, insulting, or harassing on the basis of gender, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

• is misleading in any way;

• is harmful to child;

• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

• infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

• promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Intellectual Property Right Complaints” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links.

• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

• provides instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses;

• contains video, photographs, or images of another person;

• tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• interferes with another user’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services;

• refers to any Platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

• harm minors in any way;

• infringes any patent, trademark, copyright, trade secret or other proprietary rights of HERO or any third party;

• violates any law for the time being in force;

• deceives or misleads the addressee/ users about the origin of such messages or knowingly and intentionally communicates any misinformation or information which is grossly offensive or menacing in nature, or patently false and untrue or misleading in nature;

• impersonate another person;

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

• shall not be false, inaccurate or misleading;

• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

• is in the nature of an online game that is not verified as a permissible online game;

• is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;

• shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

 

(ii) If You believe that any content on the Platform is affected due to above points, You shall immediately notify Us in writing. HERO will make all reasonable endeavours to remove such content complained about within a reasonable time.

 

(iii) Any non-compliance of use of Platform would be dealt as per the policy. For any non-compliance with these Terms, rules and regulations, Privacy Policy for access or usage of the Platform/ computer resource of HERO, HERO shall have the right to terminate Your access or usage rights immediately or remove non-compliant information or both, as the case may be.

 

d. You accept and agree that You shall utilize the services offered by HERO on the Platform for Your own personal use alone. You shall neither attempt to make any commercial/ business use of the services, nor shall You use the services on behalf of anybody else.

 

e. You agree and acknowledge that for undertaking any financial transaction through the Platform, HERO may undertake client/customer due diligence measures and seek mandatory information required for KYC purpose which as a customer, You are obliged to give, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules. HERO may obtain sufficient information to establish, to its satisfaction, the identity of each new User, and to ascertain the purpose of the intended nature of relationship between You and the relevant financial institution financing the transaction. You agree and acknowledge that HERO can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable PMLA Act and rules.

 

f. This Platform may provide links to other websites or resources. Since HERO has no control over such third party websites and resources, You acknowledge and agree that HERO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that HERO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Platform is at Your own risk, and HERO will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.

 

 

4. PRIVACY

 

We view protection of Your privacy as a very important principle. We clearly understand that You and Your Personal Information is one of Our most important assets. Privacy Policy applicable on this Platform is available at Privacy Policy. If You object to Our current Privacy Policy and Your information being transferred or used in the way described in Privacy Policy, please do not use the Platform.

 

5. ELECTRONIC COMMUNICATIONS

 

When You visit the Platform or send e-mails to Us, You are communicating with Us electronically. We may communicate with You by e-mail, SMS, phone call, by posting notices on the Platform or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages) from Us with respect to Your use of the Platform.

 

6.  INTELLECTUAL PROPERTY RIGHTS/ TRADEMARK, COPYRIGHT AND RESTRICTION

 

All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HERO and/or, its affiliates or its content suppliers and is protected under trademark and copyright laws and other relevant law(s) as applicable from time to time.

 

You shall not extract or re-utilise parts of the contents of the Platform without the consent of HERO and / or its affiliates (as may be applicable). In particular, You shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this Platform. You shall also not create and/ or publish Your own database that features any / or substantial (eg: prices and product listings, etc.) parts of this Platform.

 

Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent.

 

7. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

 

HERO respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the Grievance Officer whose contact details are mentioned at the end of this Part of the Terms of Use.

 

8. PRODUCT COMPLIANCE

 

Products displayed on the Platform are manufactured/ procured as per the applicable local laws of India and are in conformity with the required Indian industry standards.

 

9.  WARRANTIES & LIABILITY

 

a. All information, content, materials, products (including software) and other services included on or otherwise made available to You by HERO on the Platform are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that Your use of the Platform is at Your sole risk.

 

b. HERO does not warrant that this Platform will be uninterrupted, error free, or constantly available, or available at all or that any information on this Platform is complete, true or accurate. Further, HERO shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond HERO’s control. You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and You shall be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material and/or data.

 

c. We shall not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Platform. You acknowledge, by Your use of this Platform, that Your use of this Platform is at Your sole risk; that You assume full responsibility for all risks associated in connection with Your use of this Platform.

 

d. Though HERO shall make all endeavour to protect its Platform from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its Platform, however We do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Platform; its servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Platform constitutes or is meant to constitute, advice of any kind.

 

e. HERO will not be liable for any damages of any kind arising from the use of the Platform, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to You through the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that HERO is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with You.

 

10. INDEMNITY

 

a. You shall indemnify and hold harmless HERO, its management, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

b. You hereby expressly release HERO and/or its management, affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.

 

11. BREACH

 

a. In the event You are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if We are unable to verify or authenticate any information You provide or if it is believed that Your actions may cause legal liability for You, other users or Us, without limiting to the present, without prior notice, immediately limit Your activity, remove Your information, temporarily/indefinitely suspend or terminate or block Your login, and/or refuse to provide You with access to this Platform. Any user that has been suspended or blocked may not register or attempt to register with Us or use the Platform in any manner whatsoever until such time that such user is reinstated by Us.

 

b. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other rules and policies, We reserve the right to take strict legal action including but not limited to a referral to the police or other authorities for initiating criminal or other proceedings against You.

 

c. Any breach of applicable laws shall also result in, without prior notice, immediately limit Your activity, remove Your information, temporarily/indefinitely suspend or terminate or block Your login, and/or refuse to provide You with access to this Platform.

 

12. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL HERO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH USE OF THE PLATFORM, THESE TERMS OF USE, AND OTHER POLICY ASSOCIATED WITH IT.

 

13. COMPLIANCE WITH LAWS

 

The Platform User shall comply with all the applicable laws, rules, notifications as issued from time to time by appropriate authorities.

 

14. SEVERABILITY

 

We reserve the right to make changes to Our Platform, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of remaining terms.

 

15. WAIVER

 

The failure by HERO to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by HERO of them or of the right any time subsequent to enforce all Terms and Conditions of this Agreement.

 

16. SURVIVAL

 

Notwithstanding anything contained under these Terms, any section of these Terms of Service that by its nature is intended to survive termination of these Terms of Service or Your use or access to Our services offered on the Platform shall survive such termination.

 

17. DISPUTE RESOLUTION

 

This Agreement along with Privacy Policy and Disclaimer shall be construed and the legal relations between You and HERO hereto shall be determined and governed according to the laws of India and all disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the Courts of New Delhi.

 

18. GRIEVANCE

 

For any grievances that You may have in relation to the use of the Platform (other than those relating to Platform Services), You may contact the Grievance officer. For any complaints/ issues relating to the Platform Services, You may the contact Nodal officer. The Grievance officer and Nodal officer shall thereafter consider the same and provide a response within a reasonable time.

 

Grievance Officer

 

C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
Phone: 011-46044100
Time: 10AM – 5PM
Email: grievanceofficer@heromotocorp.com

 

Nodal Officer

 

Ajay Kumar Raina

C/o Hero MotoCorp Limited,
Hero MotoCorp Limited, The Grand Plaza, Plot No.2,
Nelson Mandela Road, Vasant Kunj- Phase - II,
New Delhi - 110070
Phone: +91-9717785190
Time: 10AM – 5PM
Email: customercare@heromotocorp.com

 

PART B - TERMS AND CONDITIONS FOR THE HERO FOR STARTUPS INITIATIVE (“TERMS”)

 

Background- Hero for Start-ups is a start-up centered initiative by Hero MotoCorp Limited (“Organizer”) which aims to accelerate growth of start-ups by fostering an environment of collaboration and providing them with mentorship, necessary support and resources and to scale their solutions and contribute meaningfully to the future of mobility (“Program”).

 

These Terms form a legal and binding agreement between Organizer and participating start-ups (“Participants”).

 

Definitions-

“Interest Form”: shall mean the form which is shared by the Organiser to Participants to participate in the Program as available on the [heroforstartups.com] (“Website”).

 

“Idea”: shall mean any idea shared by the Participants with the Organizer pursuant to their participation in the Program.

 

“Content”: shall mean any images, text, video, presentations, documents, financial data, execution process or other material submitted by the Participant in relation to the Program including the Idea.

 

“Partners”: shall mean agencies, start-ups, or other organisations assisting the Organizer with Program management, technical support and evaluation.

 

“Proof of Concept”: shall mean a demo proof of concept prepared by the finalized Participants for the development and implementation of the Idea.

“Financial Assistance”: shall mean any funds/ support that may be provided by the Organizer for the execution of Proof of Concept.

 

“Intellectual Property Rights”: means any and all intellectual property or proprietary rights, including: (a) patents, domain names, service marks, logos, trade dress, brand names, trademarks and registered designs including all registrations of, or applications for, the registration of the same; (b) inventions, confidential processes and computer programs, software codes together with all applications for registration or in connection with the same; (c) copyright, moral rights and other protectable rights; (d) know-how, data bases, drawings, domain names, trade secrets, technical information and other confidential information; (e) information about processes, applications, data, ideas, techniques, documents, notes, presentations, works of authorship, operational data, competitive analysis, and any information and materials relating thereto, whether or not it is in written or permanent form; and (f) any licenses and permissions in connection with any of such matters, in each case, whether registered or unregistered and including all applications for the registration or grant of any such rights and any and all forms of protection having equivalent or similar effect anywhere in the world.

 

“Confidential Information”: means and includes information in any form, disclosed and/or delivered by the Organizer to the Participants, which is furnished in connection with the Program, and which by its nature should be deemed as confidential in common business parlance. Notwithstanding the foregoing Confidential Information includes, but is not limited to Idea, Content, submissions from the Interest Form, organisational, financial, technical, marketing related information of Organizer, intellectual property and trade secrets, information pertaining to Organizer’s affiliates, customers, or vendors, or any other information of Organizer, whether written or oral, which has come to knowledge of Participants by virtue of their participation in the Program, whether or not so labelled or identified as confidential information:

 

1.              Eligibility

Participation in the Program is exclusively open for such entities which are eligible to register as ‘start-ups’ under the Department for Promotion of Industry and Internal Trade’s Gazette notification number GSR 127 (E), as amended from time to time, and meet eligibility criteria specified by the Organizer. Organizer may revise the eligibility criteria at its sole discretion at any time during the Program.

 

2.              Application and Selection Process

 

2.1           Participants can apply for the Program by submitting the Interest Form, which shall be made available from 27-Nov-2024 to 15-Feb-2025 (“Cut-off Date”) on the Website. The Interest Forms should be filled with true and correct information and should be submitted before the Cut-off Date

 

2.2           The Program comprises of various stages in which the Participants may be asked by the Organizer to submit the Idea, pitches, Proof of Concept, Content. The Organiser may also direct Participants to participate in trainings, webinars, workshops, mentorship sessions organized in relation to the Program.

 

2.3           The Organizer has the right to audit and verify the Participant’s details/information as provided in the course of the Program and may seek any further documents, as may be required. If, the Organiser at any stage of the Program determines that any information provided by the Participant is false, incorrect or infringing third party Intellectual Property Rights, the Organizer will take strict action against the Participant including but not limited to requiring the Participant to return and reimburse the Organiser for all costs incurred by the Organizer on the Participant including return of the Financial Assistance and prizes, if any.

 

2.4           The Participants will be shortlisted based on the Idea, Content and Proof of Concept submitted by them after an extensive screening processes and evaluation by the Organizer. The Organizer, from time to time, will inform the Participants of their selection/rejection. The Organiser is not obligated to share details of any evaluations done by it including scores.

 

2.5           Organizers may use any third-party platform to conduct any part of the Program and the Participants will be intimated of the same.

 

9.1           The Organizer reserves the right to at its sole discretion: (i) terminate, suspend, discontinue the Program at any time including as result of occurrence of force majeure events, (ii) to alter the rules and regulation of this Program without prior notice to the Participant and without incurring any liability whatsoever.

 

 

3.              Financial Assistance

 

3.1           The Participants acknowledge and agree any Financial Assistance to be provided to Participants is subject to further evaluation of the Participants’ Ideas by the Organizer, and is subject to additional terms and conditions as mutually agreed between the Organizer and Participants. Such additional terms may further contain provisions governing utilisation of Financial Assistance, deployment of Proof of Concept, Intellectual Property Rights of the parties etc.

 

3.2           Any expenses beyond the Financial Assistance will be borne solely by the Participants.

 

3.3           Any misuse of the Financial Assistance will result in immediate disqualification of the Participant and may lead to further legal action, as deemed appropriate by the Organizer.

 

4.              Intellectual Property

 

4.1           The Participant hereby warrants and represents that: (i) all information shared by the Participant including the Idea, Proof Of Concept, Content are original and have been legally obtained and created and do not infringe the Intellectual Property Rights or any other legal or moral rights of any party; (ii) in case the Participant has used any Content which belongs to any third party, Participant has, prior to such use, obtained all necessary rights and licenses from the relevant third party to use the Content. Upon request by the Organiser, the Participant shall provide proof of such licenses granted.

 

4.2           Organizer or the Partners will not be responsible for verifying the originality or ownership of the Ideas and Content submitted by Participant.

 

4.3           The Participant agrees to indemnify, defend and hold harmless the Organizer and its respective affiliate companies, directors, employees, agents and Partners from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party arising out of any act or omission of the Participant including infringement of third party Intellectual Property Rights.

 

4.4           Participant acknowledges that Organizer is not responsible for resolving or mediating any disputes or conflicts arising between the Participant and any third parties, including but not limited to co-founders, collaborators, Partners, vendors, employees, relatives, or investors, whether those third parties are introduced through the Program or otherwise.

 

4.5           Any such disputes must be resolved between the parties involved, and the Organizer disclaims any liability for damages, claims, or losses related to such conflicts.

 

5.              Confidentiality

 

Participant must maintain the confidentiality of all Confidential Information, both during and after the Program period. Participant shall not disclose any Confidential Information without the prior written consent of the Organizer. Participant hereby acknowledge that they shall not acquire any rights in respect of Confidential Information and that all such rights shall remain vested in the Organizer unless otherwise especially agreed between the Participant and the Organizer. The Organizer may at any point of time ask the Participant to return or destroy any Confidential Information in their possession. The Participant agrees that monetary compensation may not be a sufficient remedy for unauthorized disclosure of any Confidential Information and that the Organizer shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper.

 

6.              Termination

 

The Organizer reserves the right to terminate, suspend, disqualify the Participant for following reasons (i)  breach of any of the Terms including breach of any of the representations made by the Participant, (ii) any infringement of third party Intellectual Property Rights by the Participant, (iii) at any stage if the Organizer reasonably determines that the Participant does not meet the requirements of the Program and/or conducts in a manner which unfair or contrary to the spirit of the Program.

 

7.              Miscellaneous

7.1.      Participant’s personal information submitted in Interest Form will be stored on Organizer’s systems. The information will be used in accordance with applicable data privacy law.

 

7.2.      The Subject to the applicable law, the Participant grants to the Organizer and its affiliates, the right and permission to reproduce, encode, store, copy, transmit, publish, broadcast, display, publicly perform, exhibit and/or otherwise use or reuse the Participant’s name, address, image, voice, likeness, statements, biographical material in any media throughout the world for advertising, promotional and publicity purposes and such usage shall not require any additional review, compensation, or approval.

 

7.3.      The Participants shall not, without the prior written consent of Organizer, use in advertising, publicity or otherwise the names, trade names, service marks, trade dress or logo of Organizer, or refer to their participation in the Program in any press releases, advertising, web sites or materials distributed or made available to prospective customers or other third parties.

 

7.4.      The Organizer and Partners shall not be held responsible for any loss or damage that the Participant may suffer as a result of participating or attempting to participate in the Program.

 

7.5.      Decision of the Organizer on all matters including selection/rejection of the Participant is final and binding and no correspondence or appeal on the same will be entertained.

 

7.6.      The Participant shall not assign or delegate any of its rights and obligations hereunder to any third party, without the prior written consent of Organizer. Notwithstanding the foregoing, Organizer shall have the unrestricted right to assign these Terms to any person.

 

7.7.      Each provision of these Terms is severable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

 

7.8.      Organizer, at its sole discretion, reserves the right to change, modify, add or remove portions of the Terms at any time without any prior written notice to Participants. Participants’ continued participation in the Program means that they agree to the changes, modifications, additions, and omissions in the Terms made by the Organizer.

 

7.9.      The Parties submit to the exclusive jurisdiction of the courts at New Delhi and all disputes relating to these Terms shall be subject to the exclusive jurisdiction to the courts of New Delhi.