1. What is this document?
1.2. NEN is Wadhwani Foundation’s flagship initiative, established to inspire, educate and support high potential entrepreneurs to create high-value jobs. This Agreement governs your access to and use of https://nen.org (“NEN Website”) and all content, including but not limited to any material, data, communication, text, image, video, sound, and interactive features along with course material including but not limited to presentations, reading material and blog posts made available on the Websites (“Content”).
1.3. You hereby agree and understand that this Agreement is a binding contract between NEN and any person who accesses or uses the Websites in any manner and accordingly you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you shall not have the right to use the Content and shall forthwith leave the Websites.
1.4. The Websites provide information about NEN, enable you to register on the EA Website, and access all Content. The Content is designed to educate, train and motivate budding entrepreneurs who access the Websites, subject to the terms and conditions of this Agreement.
1.5. If you are using the Websites on behalf of another organization or entity, then you are agreeing to be bound by the Agreement on behalf of that organization, and you represent and warrant that you have the authority to bind the organization to this Agreement. In that case, “you” and “your” refers to you and the concerned organization.
1.6. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
(i) the Indian Contract Act, 1872,
(ii) the (Indian) Information Technology Act, 2000, and
(iii) the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. Use of the Websites
2.1. You hereby agree that you shall not at any time (i) distribute, sell, cross-sell, or permit access to the Content to any third party for commercial purposes or gain, (ii) permit multiple end users to access the Content using shared login credentials (i.e. a shared email address and password), (iii) access or use the Content other than in accordance with (a) the instructions or documentation NEN may provide from time to time, (b) applicable laws and (c) clause 4 of this Agreement.
2.2. NEN shall provide you with basic support for the Content, subject to any unavailability caused by circumstances beyond NEN’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays or disruption of the Content due to any hacking. Further, NEN disclaims all liabilities in the event its servers are hacked, disrupted, or compromised in any manner and NEN shall not be held responsible for any loss of information (including sensitive personal data or information under the SPI Rules).
2.3. NEN may, at its sole discretion, suspend your ability to use or access the Content (or a part thereof) at any time while NEN investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Content if NEN, in its opinion, feels that you are misusing the Content in any manner whatsoever.
3. Interactive Areas
3.1. The Websites may provide interactive forums, news groups, bulletin boards and other interactive spaces along with the Content. NEN may, in its sole discretion, terminate your access to any interactive areas at any time, with or without notice. You are solely responsible for your use of the interactive spaces, including:
(i) your own actions and communications and the consequences of those actions, including the consequences that result from posting comments on the Websites and the content of any of your postings;
(ii) compliance with all rules and procedures of the Websites;
(iii) compliance with all applicable laws and regulations that relate to your use of the Websites;
(iv) ensuring that you provide accurate and complete information when creating a user account; and
(v) ensuring that all content that you submit does not contain third party copyrighted material or that you are otherwise legally entitled to post the content and grant NEN the licenses set forth herein.
3.2. NEN does not assume any responsibility for any content you may view on the Websites, access through the Websites or that is posted on the interactive areas, including the truthfulness, accuracy, quality, completeness or reliability of any such content. NEN does not endorse any content submitted to the Websites by any user, or any opinion or recommendation or advice expressed therein.
3.3. You retain your right to any content you submit to any part of the Websites. By submitting content to the Websites, you automatically grant (or warrant that the owner of such content has expressly granted) to NEN (and its successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, fully-transferable license and right to use, reproduce, create derivative works from, modify, translate, distribute, perform, and display the communication (or any derivative work based thereon) either alone or as part of other works in any form, whether now known or hereafter developed, for any purpose. Such license will be fully transferable by assignment, sublicense (including multiple tiers of sublicenses) or any other means.
4.1. As mandated by Regulation 3(2) of the IG Rules, NEN hereby informs you that the you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which you do not have any right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(iii) harms minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates or defames another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
4.2. You are also prohibited from:
(i) violating or attempting to violate the integrity or security of the Websites or any Content;
(ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to NEN;
(iii) intentionally submitting on the Websites any incomplete, false or inaccurate information;
(iv) making any unsolicited communications to other users of the Websites;
(v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Websites;
(vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Websites;
(vii) copying or duplicating in any manner any of the Content or other information available from the Websites; and
(viii) framing or hot linking or deep linking any Content on the Websites.
4.3. NEN, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through e-mail about any such information as mentioned in clause 4.1 or 4.2 above, shall be entitled to disable such information. NEN shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
4.4. The SPI Rules only permit NEN to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by NEN as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between NEN or any person on its behalf and the user or where you have consented to such data transfer. Accordingly, NEN may disclose or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer.
5. License to Educational Content
As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered as the licensed material. Without limiting the generality of the terms of the licensed material and notwithstanding anything elsewhere contained in this Agreement, the following are types of uses that NEN expressly defines as falling outside of the definition of “non-commercial” including but not limited to:
(a) the sale or rental of (i) any part of the Educational Content, (ii) any derivative works based at least in part on the Educational Content, or (iii) any collective work that includes any part of the Educational Content;
(b) the sale of access or a link to any part of the Educational Content without first obtaining informed consent from the buyer that the buyer is aware that the Educational Content, or such part thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed on the Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without limitation any “pop-up advertisements”);
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development
6. Intellectual Property
6.1. NEN authorizes you to view and access the Content available on the Websites, solely for reading, learning, and communicating as per this Agreement. The Content, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of Content on the Websites are the property of NEN or third party licensors and are protected by copyright and other intellectual property rights under applicable laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without NEN’s and/or the respective owner’s prior written permission, except as expressly permitted on the Websites.
6.2. You are permitted to access and use the Content provided on the Websites for non-commercial uses only, provided that:
(i) any such uses are not competitive with or derogatory to the Websites, and
(ii) you keep all copyright or other proprietary notices intact without alteration.
6.3. Please note that this limited consent may be revoked at any time and does not include consent to republish the Content elsewhere. Any other trademarks appearing anywhere on the Websites are the property of their respective owners. To the extent any Content does not appear with a trademark, the same does not constitute a waiver of any intellectual property rights that NEN or its affiliates may have in the Content or other features of the Websites.
7.2. NEN does not verify any of the content or information provided by you while using the Websites and to the fullest extent permitted by law, disclaims all liability arising out of your use or reliance upon the Websites.
7.3. The Websites may be linked to the website of third parties, affiliates and business partners. NEN has no control over, and shall not be liable for the content, accuracy, validity, reliability, or quality of such websites. Inclusion of any link on the Websites does not imply that NEN endorses the linked site. You may use the links and these services at your own risk.
7.4. NEN assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to/use of, the Websites or the downloading of any Content from the Websites.
7.5. In no event, including but not limited to negligence, shall NEN, or any of its directors, officers, employees, agents or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Websites or the Content, materials and functions related thereto or (ii) your provision of information via the Websites. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of you or any other person on or through the Websites unless otherwise provided in this Agreement.
8.1. You hereby agree to indemnify and hold harmless NEN, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from:
(i) your access to or use of the Content;
(ii) your violation of the Agreement; or
(iii) your infringement, or infringement by any third party from your account, of any intellectual property rights or other rights of any person or entity.
8.2. NEN will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9. Email Communications
9.1. By submitting your email address to the Websites, you consent to being placed on NEN’s mailing lists and thereby receiving e-mail correspondence including newsletters, event advertisements, and updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in any e-mail from NEN. Although NEN will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list.
10. Term, Termination and Dispute Resolution
10.1. This Agreement will remain in full force and effect while you access and use the Websites in any form or capacity.
10.2. NEN reserves the right to terminate any account in the following cases:
(ii) NEN is unable to verify or authenticate any information provided by you; or
(iii) NEN believes in its sole discretion that your actions may cause legal liability for the other visitors or for NEN or are contrary to the interests of NEN or its affiliates.
10.3. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Websites under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files, Content and other material kept on the Websites or on any other application hosted by NEN.
10.4. NEN reserves the right, at its sole discretion, to pursue all legal remedies, including but not limited to deletion of your account from the EA Website and immediate termination of your account, with or without enabling you to access the Websites upon any breach of this Agreement.
10.5. This Agreement and any contractual obligation between NEN and yourself will be governed by the laws of India. Subject to clause 9.6, the courts at Bangalore will have exclusive jurisdiction over any dispute arising under this Agreement.
10.6. All disputes will be subject to arbitration at Bangalore, in English, by a single arbitrator appointed by NEN under the Arbitration and Conciliation Act, 1996.
10.7. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property and Dispute Resolution shall continue and survive termination.
11. Severability and Waiver
11.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
12. Grievance Officer and Contact Information
12.1. If you have suffered as a result of access or usage of the Websites by another person or entity in violation of clause 4, you can notify your complaint to email@example.com. Grievance Officer, who shall address your complaint within 1 (one) month from the date of receipt of the complaint, and who can be reached by:
i. Sending a letter to National Entrepreneurship Network, Wadhwani Foundation, Subramanya Tech Park, Plot No. 3 & 3A, EOIZ Industrial Area, Bengaluru, Karnataka 560066; or
ii. Sending an email to firstname.lastname@example.org
12.2. If you have any questions, issues or complaints concerning the Wadhwani Foundation, NEN, the Websites, this Agreement, or anything related to any of the foregoing please contact us at:
Subrahmanya Tech Park
Plot No. 3 & 3A, EOIZ Industrial Area
Sy No. 85 & 86, Sadarmangala Village,
Krishnarapura Hobli, Whitefield
Bangalore – 560066