THIS PRIVACY POLICY IS IN THE FORM OF AN ELECTRONIC CONTRACT
FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES
MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO
ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY
THE INFORMATION TECHNOLOGY ACT, 2000, INFORMATION TECHNOLOGY
(REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE
PERSONAL DATA OR INFORMATION) RULES, 2011, INCLUDING AMENDED
PROVISIONS AND RELEVANT RULES OR LAWS AS PRESCRIBED FROM TIME TO
TIME (“DATA PROTECTION LAWS”). THIS PRIVACY POLICY DOES NOT
REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
HeroX Private Limited (hereinafter “Hero Vired” or “HV”)
recognizes the importance of privacy of its Users and also of
maintaining confidentiality of the information provided by its
Users as a responsible data controller and data processor. This
Privacy Policy provides for the practices for handling, receipt,
possession, collecting, usage, sharing and securing User’s
Personal Information (defined hereunder) by Hero Vired and its
subsidiaries, affiliates, associated entities, vendors or third
parties with whom it shares any data so collected on need-to-know
basis.
This Privacy Policy is applicable to any person (hereinafter
“User”) who accesses, uses, interacts, purchases, or enquires
about any product(s) or services(s) made available through Hero
Vired’s user interface channels including but not limited to its
website, mobile site & mobile app, its Learning Management
System (“LMS”), call centres, offices etc. (collectively referred
herein as “Platform”) and agree to be bound by the terms and
conditions of this Privacy Policy.This Privacy Policy is
incorporated into and subject to the Terms of Use and applies to
the use/access/interaction/enquiry/purchase through or of the
Platform and any other services directly provided by Hero Vired.
For the purpose of this Privacy Policy, wherever the context so
requires “you/You” or “your/Your” shall mean User and the term
“We”, “us/Us”, “our/Our” shall mean Hero Vired.
This Privacy Policy does not apply to any website(s), mobile sites
and mobile apps of third parties, even if their websites/products
are linked to our Platform. User should take note that information
and privacy practices of Hero Vired’s business partners,
advertisers, sponsors or other sites to which Hero Vired provides
hyperlink(s), may be materially different from this Privacy
Policy. Accordingly, it is recommended that you review the privacy
statements and policies of any such third parties with whom you
interact and we shall not be responsible or liable for such
interactions.
Hero Vired, as prescribed under Data Protection Laws, takes
responsibility for protection of the information shared by the
User. We are committed to ensuring that information shared by you
is protected and we assure that it shall be solely used in
accordance with this Privacy Policy and for legitimate purposes.
For purposes of this Privacy Policy, capitalized terms used and
not defined herein shall have the respective meanings ascribed to
them in the ToU.
ELIGIBILITY TO TRANSACT ON PLATFORM
User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with us and our Platform and also to consent to the processing of User’s Personal Information or Sensitive Personal Information. The Platform is not intended to be used by minors. Any violation will entitle us to deregister/delete/suspend such accounts without notice or incurring any liability.
APPLICABILITY AND CONSENT
By interacting/accessing/ using the Platform and/or providing Information, You expressly consent to our collection, use,transfer, retention, storage and disclosure of Information provided by you in accordance with this Privacy Policy and this Privacy Policy along with our Terms of Use governs your interactions with us. If you disagree with this Privacy Policy,please do not use or access our Platform or provide any Information.
You have the option of not providing your Personal Information or Sensitive Personal Information. Non-provision of said information will limit our ability to process your requests or provide you the services.
INFORMATION COLLECTED BY US
The information as detailed below is collected by us to be able to provide the services chosen by you and also to fulfil our legal obligations as well as our obligations towards our partners and third parties. Nature of such information is Personal Information or Sensitive Personal Information and Non-Personal Information.
Personal Information is information which can identify any User including name, email ID, age, gender, mobile number. Sensitive Personal Information includes passwords, biometric information or any financial account information provided at the time of registration. Personal Information or Sensitive Personal Information has meaning more specifically defined under the applicable Data Protection Laws (hereinafter collectively “Information“)
We assume all the Information provided by you is true, accurate, current, non-misleading, consistent and relevant and we shall not be liable for any inaccuracy or incompleteness of such Information.
- Other information:
We many also collect some other information and documents including but not limited to: - Other information: We many also collect some other information and documents including but not limited to:
- Transactional history (other than banking details) about your activities, buying behaviour on the Platform and related activities of downloading of brochures from our Platform, raising of any query or response to any query;
- Your usernames, passwords, and other security-related information used by you in relation to our services;
- Your interactions with our call centres, or services staff, call recordings;
- Any content generated by you or third-party including audio, video, graphics, literary, files, images,photographs, testimonials, documents or materials which is uploaded by you on the Platform’s community or public forums;
- URL you used to connect to our platform, operating system, browser software, mobile device you use, IP address of your mobile device, ISP, and information collected as per the permissions that you provide.
- Information collected by us or our Educational Partners or service providers in the process of you participating in any review, assessment, assignment, project, examination or certification you participate in, voluntarily.
- Data available in public domain or received from any thirdparty including social media channels, including but not limited to Personal Information or Non-Personal Information from your linked social media channels (like name, email address, friend list, profile pictures or any other information that is permitted to be received as per your account settings) as a part of your account information;
- Any other information that you may provide directly or indirectly in the course of transacting with the Platform including information shared with partners and service provider(s) of Hero Vired.
- Information from our Partners :We may receive Information about you from our partner’s i.e. educational institutions, universities, enterprises and similar partners with whom we collaborate for providing various services
provided to you.
- Other Information:In the process of your interactions
and engagement with the Platform, Hero Vired including its
Educational Partners may collect Information i.e. your
performance, grades, attendance records, ranks, scores,
evaluation of assignments, tests, results, testimonials,
photograph, your audio or video, image or content created by
you or related information etc. for the purposes of examining
your performance and ensuring that you are not in breach of
any applicable terms of Hero Vired.
- If you subscribe to our free material as an unregistered User,you may be required to provide us with Personally Identifiable
Information such as your name, email address, phone number,
occupation, location and any other information as may be
required by us.
The Information collected by us will be used only for legal
purposes and in the following manner. In doing so, we employ and
comply with security standards prescribed by Data Protection
Laws.
- We may use your Information for several purposes, including but not limited to:
- register you on the Platform;
- provide you the services requested for;
- keep you informed of the transaction status in connection with your interaction with the Platform/us;
- send confirmations either via email, SMS, or WhatsApp or any other messaging service;
- send information regarding any updates or changes to any services or support;
- allow our customer service to contact you, if necessary;
- customize the content of our Platform;
- request for reviews of products or services or any other improvements;
- send verification message(s) or email(s);
- validate/authenticate your account and to prevent any misuse or abuse;
- contact you periodically to offer a special gift or offer;
- monitor your performance and conducting examination and periodic reviews;
- conduct research about individual User behaviour and learning pattern;
- offer improved content and/or services and offerings;
- track attendance;
- track program completion, certifications or extension of terms;
- resolving disputes; collect money; detect and protect us against error, fraud and other criminal activity; and enforce our terms and conditions;
- conduct surveys; Identity of the survey participants is anonymous unless otherwise stated in the survey and survey is optional;
- analyse demographic and profile data about our Users’ activities on our Platform;
- identify and use your IP address to help diagnose problems
with our server, and to administer our Platform. Your IP
address is also used to help identify you, if you are a
registered User and to gather broad demographic
information.
- use your photo, video, employer details, testimonials or any Personal Information for the purposes of our marketing and advertisements
- use your Information related to grades, score, rankings,testimonials, your photograph, your company name where you are employed, title, program you undertook, achievements to publish on our internal Learning Management System (LMS) or on our leader board or achievers list.
- Any Non-Personal Information collected by us is used for conducting statistical analysis, research of User behaviour, interests and improvising our services and offerings
- Hero Vired, its affiliates, group entities, or subsidiaries
(present or future) directly or through third party service
provider, from time to time, may also contact you by voice
call, alerts, SMS, WhatsApp or email to know the preference of
any User for concluding any service transaction or related
activity or send you commercial communications and other
services on your contact number provided by You, whether these
numbers are registered with National Do Not Call Registry/
Listed in National Customer Preference Register or not. You
hereby unconditionally consent that such communications via
voice call, alerts, SMS, WhatsApp as aforesaid is (a)
authorized by you/User, (b) ‘transactional’ and not an
‘unsolicited commercial communication’ as per the guidelines
of Telecom Regulation Authority of India (TRAI) and (c) in
compliance with the relevant guidelines of TRAI or such other
authority in India and abroad. You will indemnify Hero Vired,
its directors, officers, employees, affiliates, subsidiaries
or third party (“Indemnified Party”) against all types of losses and
damages incurred by Indemnified Party due to any action taken
by TRAI, or any other authority due to any erroneous compliant
raised by You on Indemnified Party with respect to the
intimations mentioned above or due to a wrong number or email
id being provided by you for any reason whatsoever. In the
event you wish to opt out from receiving any SMS, alerts,
WhatsApp or email, you may write to our Grievance Officer.
In case you do not consent to the above, you may withdraw your consent at per the terms of this Privacy Policy and you acknowledge that it may severely inhibit/restrict our ability to serve you and may lead to cancellation of your request for which we shall not be liable in any manner whatsoever. To the extent we use your Information to market to you, we will provide you the ability to opt-out of such uses. Please refer opt-out section below.
CAUTION: User must verify the identity of any person calling on behalf of Hero Vired while responding to any calls, SMS or email to avoid falling victim to fraudsters or organized scams and shall never disclose any Personal Information or Sensitive Personal Information through aforesaid communication mediums until satisfied on the identity of the caller.
Cookies:
We use cookies to personalize your experience on the Platform and the advertisements that maybe displayed. Cookies allow us to serve you better and more efficiently, to track your preferences, help your login faster, and aggregated to determine user trends.
We use cookies to collect information for record keeping
purposes and make it easier to navigate the Platform. Cookies
are small text files that are stored on Users’ hard drives. We
will not use cookies to collect Personal Information without
getting your permission. We use both “session ID cookies” and
“persistent cookies.” Session ID cookies are used to store
information while a User is logged into the website and expires
when the User closes their browser. Persistent cookies are used
to make tasks like logging into the site easier for returning
Users by remembering a User’s login information. Persistent
cookies stay on a User’s hard drive from one session to the
next.
Server Logs:
In order to ensure easy and comfortable surfing on our Platform,each time any unregistered User visits our Platform, the
computer collects certain statistical information. These
statistics are only used to provide us information in relation
to the type of User using our Platform by maintaining history of
page requests and at no point they identify the personal details
of the unregistered User. We may make use of this data to
understand as to how our Platform is being used.
SHARING OF YOUR INFORMATION
In the interest of providing services to you, improving
personalization and service efficiency, we may, under controlled
and secure circumstances, share your Information with our
affiliate or associate entities, including third party,
suppliers, vendors and partners (“Recipient”) with whom
we engage for providing services related to the Platform and for
fulfilling your requests.
You hereby permit and allow us to share your Information within
or outside India with such Recipients. We are committed to
ensuring that Information shared by you is protected under
similar contractual obligation by us with such Recipient and we
assure you that it shall solely be used in accordance with this
Privacy Policy.
We further ensure that all such Recipients employ best industry standard security measures and comply with Data Protection Laws.
Users are requested to maintain confidentiality of their
username or login credential and prevent any unauthorized
access, for which we will not be responsible.
Companies in the same group:
We may share Your Information with our affiliates, subsidiaries
(present or future), joint ventures, or other companies under a
common control that we may have now or in the future, in which
case we will require them to honour this Privacy Policy. If
another company acquires Hero Vired or our assets, that company
will possess your Information, and will assume the rights and
obligations with respect to that information as described in
this Privacy Policy
Service Providers, Third Party and Partners:
We may transfer/disclose/share Information to those parties who
support our business, including technical infrastructure
services, analysing how our services are used, measuring the
effectiveness of advertisements, providing customer / buyer
services, facilitating payments, networking or conducting
academic research and surveys, marketing, customer service,
providing security, fraud prevention, credit facilities,
recruitment consulting. If you opt for such services, data
storage, legal services, networking facilities or if you opt to
be part of such forums, education partners (i.e. university,
company or enterprises) who develop or offer any program, your
grades or assessment results will be available to your employers
or scholarship providers who sponsor any program for you.
Notwithstanding the above, we use other third parties such as a
credit/debit card processing company, payment gateway, pre-paid
cards, and credit facility providers to enable you to make
payments on the Platform or for financial assistance. If you opt
to avail any credit facility from our third-party credit
facility providers you or your co-applicants would be required
to share bank statements, KYC and other documents directly with
the credit facility providers. The processing of payments or
authorization or financial assistance is solely in accordance
with these third parties’ policies, terms and conditions and we
are not in any manner responsible or liable to you or any third
party for any delay or failure at their end in processing your
request or claims arising therefrom including privacy of any
Information shared by you with them directly. In case we are
authorized to collect above said Information on behalf of credit
facility providers, we will ensure that such data is collected,
stored or destroyed in accordance with terms herein.
In the interest of providing services to you, improving
personalization and service efficiency, we may, under controlled
and secure circumstances, share your Information with our
affiliate or associate entities, including third party,
suppliers, vendors and partners (“<b>Recipient</b>”) with whom
we engage for providing services related to the Platform and for
fulfilling your requests.
You hereby permit and allow us to share your Information within
or outside India with such Recipients. We are committed to
ensuring that Information shared by you is protected under
similar contractual obligation by us with such Recipient and we
assure you that it shall solely be used in accordance with this
Privacy Policy.
We further ensure that all such Recipients employ best industry
standard security measures and comply with Data Protection Laws.
Users are requested to maintain confidentiality of their
username or login credential and prevent any unauthorized
access, for which we will not be responsible.
Companies in the same group:
We may share Your Information with our affiliates, subsidiaries
(present or future), joint ventures, or other companies under a
common control that we may have now or in the future, in which
case we will require them to honour this Privacy Policy. If
another company acquires Hero Vired or our assets, that company
will possess your Information, and will assume the rights and
obligations with respect to that information as described in
this Privacy Policy
Service Providers, Third Party and Partners:
We may transfer/disclose/share Information to those parties who
support our business, including technical infrastructure
services, analysing how our services are used, measuring the
effectiveness of advertisements, providing customer / buyer
services, facilitating payments, networking or conducting
academic research and surveys, marketing, customer service,
providing security, fraud prevention, credit facilities,
recruitment consulting. If you opt for such services, data
storage, legal services, networking facilities or if you opt to
be part of such forums, education partners (i.e. university,
company or enterprises) who develop or offer any program, your
grades or assessment results will be available to your employers
or scholarship providers who sponsor any program for you.
Notwithstanding the above, we use other third parties such as a
credit/debit card processing company, payment gateway, pre-paid
cards, and credit facility providers to enable you to make
payments on the Platform or for financial assistance. If you opt
to avail any credit facility from our third-party credit
facility providers you or your co-applicants would be required
to share bank statements, KYC and other documents directly with
the credit facility providers. The processing of payments or
authorization or financial assistance is solely in accordance
with these third parties’ policies, terms and conditions and we
are not in any manner responsible or liable to you or any third
party for any delay or failure at their end in processing your
request or claims arising therefrom including privacy of any
Information shared by you with them directly. In case we are
authorized to collect above said Information on behalf of credit
facility providers, we will ensure that such data is collected,
stored or destroyed in accordance with terms herein.
OPT-OUT OF PROMOTIONAL E-MAILS
You will occasionally receive e-mail updates from us about services related information and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please click on the “unsubscribe” link or follow the instructions in each e-mail message or write to us requesting for an opt out at: privacy@herovired.com.
PROTECTION OF YOUR INFORMATION
Hero Vired has drawn up stringent security measures to protect
the loss, misuse, and alteration of the Information provided by
you under our control. Whenever you change or access your
account information, we offer the use of a secure server. We
adhere to strict security guidelines, for protecting your
Information within our control against unauthorized access. In
order to prevent unauthorized access or disclosure, we have put
in place suitable physical, electronic and managerial procedures
to safeguard and secure the information we collect online. We
use Secure Socket Layer (SSL) to encrypt the transmission of
data on our Platform. We review our information collection,
storage and processing practices, including physical security
measures, to guard against unauthorized access to systems. We
restrict access to Information to our employees, contractors and
agents who need to know that Information as per this Privacy
Policy and are subject to confidentiality obligations.
All payment transactions are processed through secure gateway
providers and are not stored or processed on our servers.
We are not responsible for third party circumvention of any
privacy settings or security measures. You can reduce these
risks by using common sense security practices such as choosing
a strong password, using different passwords for different
services, and using up to date antivirus software.
We disclaim any liability arising due to any acts or omissions
or practices or procedures of any persons, companies,
institutions or websites that we do not control, operate, or
manage.
Please note that the data shared with us shall be primarily
stored and processed in India and such other jurisdictions where
a third party engaged by us may store or process the data on our
behalf. By agreeing to this policy, you are providing us with
your explicit consent to process your Information for the
purpose(s) defined in this policy. The data protection
regulations in India or such other jurisdictions mentioned above
may differ from those of your country of residence. If you have
any concerns in the processing of your data and wish to withdraw
your consent, you may do so by writing at privacy@herovired.com. The Platform is hosted in India. If you are accessing the
Platform from outside India, you consent to transfer, storage
and processing of your Information in and to India.
For Users who are European Union subjects we will ensure, if
their data is provided to non-European Union entities, such
entities comply with the applicable data protection laws. For
any concerns in connection to sharing or processing of data,
please write to privacy@herovired.com.
User acknowledges that Hero Vired takes no liability for any
loss or claims that arises due to acts, omission and negligence
of the Users including third parties who are not within the
control of Hero Vired.
We assure that any of our employees who violate our privacy
and/or security policies related to User’s data are subject to
disciplinary action, including possible termination and civil
and/or criminal prosecution.
Our Platform may link to other websites or third-party service
providers’ websites that may collect personally identifiable
information about you. We are not responsible for the privacy
practices or the content of those linked websites and your
interactions on such websites will be governed by their privacy
statement.
VOLUNTARY DISCLOSURE BY USER
In the course of providing services, we will promote open forums
for discussions and form communities to allow and permit
exchange of ideas, information, views, or contents by its
User(s). Such forums or community participation is totally
optional. If User chooses to be part of any such forum or
community discussions and in the process shares any content
including audio, video, graphics, literary, files, images,
photographs, testimonials, documents or materials, or any other
Information, User acknowledges that all or any disclosures made
by the User in such forums or community shall be available for
public viewing, including any Personal Information shared by the
User and we shall not be liable for any public disclosures and
consequent loss or claim arising therefrom to User or any third
party.
User shall comply with restrictions on sharing, displaying,
hosting of Information as per terms stated in Terms of
Use and Hero Vired shall not be liable for any claims
arising from such breach; and shall be entitled to rights
against such breach.
You may withdraw your consent and permission qua your
Information as above said anytime by sending an email to privacy@herovired.com. You acknowledge that it may severely impact and limit our
ability to serve your requests or services.
REVIEW OF YOUR INFORMATION
You have the right to access, review, amend, delete, suppress,
modify or rectify your Information, or request to
correct/amend/remove the Information or object to use of the
Information by writing to us at privacy@herovired.com . We may verify your identity before conducting the changes.
We take reasonable measures to remove/delete your information
upon request but we may not ensure deletion of any residual or
archival copies in our systems or any residual or archival
copies made by third parties without our knowledge and consent.
We will retain your Personal Information as long as it is
reasonably necessary for the purposes of this policy. We may
retain it for a longer period to comply with any legal,
regulatory, tax or accounting requirements. Where your Personal
Information is no longer required, we will ensure it is either
securely deleted or stored in a way which means it will no
longer be used by us.
GOVERNING LAWS AND JURISDICTION
Your use of the Platform is governed by laws of India and any
dispute is subject to exclusive jurisdiction of courts of New
Delhi.
CHANGES TO PRIVACY POLICY AND EFFECTIVE DATE
We reserve the right to revise the Privacy Policy from time to
time to suit various legal, business and User requirements. If
we decide to change our Privacy Policy, we will post those
changes on this page so that you are always aware of what
information we collect, how we use it, and under what
circumstances we disclose it. You are required to be aware of
any changes and review this policy periodically. This policy is
effective from the date last updated.
If you believe that we have not adhered to this Privacy Policy,
please write to our Grievance Officer (details below). Please
write in detail of the breach and we promise we will investigate
your complaint and resolve it promptly within a time period not
exceeding one month.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below:
Name: Ms. Samra Rahman
Email ID: privacy@herovired.com
Registered Address:
HeroX Private Limited
5th floor, 503, Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017
Effective Date: August 31, 2022
TERMS OF USE – HERO VIRED
- These terms and conditions (hereinafter “Terms of Useand amended provisions from time to time
governs your access {"/"} interaction {"/"} enquiry {"/"}{" "}
purchase {"/"} experience or use of Hero Vired’s user
interface channels including but not limited to its website,
mobile site & mobile app, Hero Vired’s Learning
Management System (“LMS”), call centres, offices etc.
(collectively referred herein as”Platform“) and services and products offered by Hero Vired
- The Platform is owned by HeroX Private Limiteda Company
Incorporated under The Companies Act 2013 and having its
registered office at 5th floor, 503, Rectangle 1, D-4, Saket
District Centre, New Delhi – 110017 which operates under the
brand name Hero Vired. (hereinafter “Hero Vired”),
- Hero Vired offers through the Platform online learning
materials with focus on entrepreneurship, employability,
industry-relevant programs, experiential instruction, and
outcome-based learning.
- Before using or interacting with the Platform or procuring
the services of Hero Vired, the Users shall compulsorily
read and understand this ToU and User acknowledges that by
accessing, enquiring, experiencing programs or transacting
on the Platform User shall be deemed to have accepted this
ToU as a binding document that governs User’s dealings and
transactions with Hero Vired.
- This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any
physical or digital signatures.
- User shall also refer to Hero Vired’sPrivacy Policy available on Hero Vired’s Platform which governs use of
User’s Information as defined therein. By using the
Platform, User agrees to the terms of the Privacy Policy and
accordingly consents to the use of the User’s personal
information as per the terms of the Privacy Policy.
- All rights and liabilities of the Hero Vired and User with
respect to any services or programs facilitated by Hero
Vired shall be restricted to the scope of this ToU, Privacy
Policy, any supplementary terms governing particular
program, notices, disclaimers, policies, and guidelines, as
applicable and are deemed to be part of this ToU.
- For purposes of this ToU, capitalized terms used and not defined herein
shall have the respective meanings ascribed to them in the
Privacy Policy.
- For the purposes of these ToU wherever the context so
requires, User shall mean any natural or legal person who
accesses/interacts/enquires /
purchases/experiences product(s) or services(s) made
available through the “Platform”.
- For the purpose of this ToU, wherever the context so
requires “you/You” or “your/Your” shall mean User
/Learner or Learners and the term “We”, “us/Us”, “our
/Our” shall mean Hero Vired.
- The term “Learner or Learners” wherever used in this ToU or
elsewhere shall mean User who has enrolled for a program
available on the Platform after purchasing any program from
us. Once you enrol in any of our program, you will be
referred to as Learner for all our subsequent transactions
with you. Every Learner is deemed User.
- Both User and Hero Vired are individually referred to as ‘Party‘ and collectively referred to as ‘Parties‘ to the User Agreement.
- Some of the Services, programs may be subject to additional
terms. Your use of those Services may be subject to such
additional terms (“Supplementary Terms ”) which are incorporated into
these ToU by reference. In the event of an inconsistency
between these ToU and Supplementary Terms, the provisions of
the Supplementary Terms shall control to the extent of
conflict. The User should refer to the relevant
Supplementary Terms applicable for the given program(s) or
service(s) as purchased by the User.
- ELIGIBILITY TO TRANSACT ON THE PLATFORM
- User must be eligible to enter into legally binding contract
as per the Indian Contract Act, 1872 and to transact
directly with Hero Vired and its Platform.
- If you are a minor or are below the age of 18 years, you
shall not register as a User of the Platform and shall not
transact on or use the Platform. Any violation will entitle
Hero Vired to decline/deregister/delete/cancel/suspend such
registration or accounts.
- REGISTRATION, USER ACCOUNT AND PASSWORD
- While registering on the Platform, the User will have to
choose a login ID which can be User’s mobile number also and
a password to create and access User’s account and User
shall be solely responsible for maintaining the
confidentiality of both the password and the User account as
well as for all activities on the User’s account. You shall
not use any other User’s password or login details to access
the Platform. You agree to immediately notify us of any
unauthorized use of your passwords or accounts or any other
breach of security. You also agree to exit from your
accounts at the end of each session. We will not be
responsible for any loss or damage that may result if you
fail to comply with these requirements.
- You agree to provide to us true, accurate, up-to-date and
complete information including any other details we require
obtaining from you for the purposes of providing you
services including personal or proprietary information
relating to you. In the event any information provided by
you if found to be untrue, incomplete or inaccurate or
false, Hero Vired reserves the right to suspend or terminate
your account until correct information is provided or block
access of your membership on the Platform and refuse to
provide you access to the Platform. Further Hero Vired may
deny registration, if Hero Vired in its sole discretion has
reasons to believe that the User has any questionable
background or his/her details exists in the list of
government, police or investigating agencies data which
prohibits or restricts us from providing you any services.
Hero Vired or its Educational Partners reserves the right to
deny/delay issuance of any certificate of program completion
or related certificate without incurring any liability, if
information, as required by Hero Vired or its Educational
Partner, supplied by you are either found to be incorrect,
misleading, incomplete or deficient. Hero Vired shall
conduct its primary due diligence about any User and in this
process may share User’s data with government or any
investigating agencies to verify the User.
- If any User accesses the Platform without registration or
enjoys any Free Trial of any content offered at VLearn
(learning portal of Hero Vired), his/her access/free trial
of any such content will be governed by the Privacy Policy
and ToU; however, as an unregistered User or a free trial
User you will have limited access to the contents and/or
Platform. For clarification of doubts, in both the above
instances, User will be deemed to have accepted the Privacy
Policy and ToU. Users who purchase any program(s) through
Hero Vired are required to explicitly accept the Privacy
Policy and ToU to proceed further with their transaction
with us.
- Any use, collection, storage or sharing of User’s
information shall be as per our Privacy Policy and we
require you to review our Privacy Policy along with these
ToU before you start transacting on our Platform.
- Hero Vired adopts security standards prescribed under
applicable laws of India but does not guarantee
non-happening of any security breach incidents of its
systems and User acknowledges that it may impact User’s
information also. User understands that any information that
is provided to this Platform may be read or intercepted by
others due to any breach of security at the User’s end.
- Hero Vired reserves the right to decline any User
registration on the website or enrolment in any program in
its sole discretion without written notice or incurring any
liability.
- GRANT OF LICENSE AND ACCESS TO USE THE PLATFORM
- This ToU grants limited, personal, non-exclusive,
non-transferable, revocable licenses to use the Platform and
access programs, contents or materials subject to payment of
associated fees by the User and as per the terms and
conditions stated herein. Access to certain features of the
Platform may only be available to registered User(s).
- The Platform is meant to be used by bonafide User(s) for
personal, non-commercial and educational and informational
purposes only and as per the terms of this ToU.
- Unauthorized access to Platform is a breach of these ToU and
a violation of the applicable laws and Hero Vired reserves
its right to suspend/terminate such accounts including
initiating legal action against such persons. You agree not
to access our Platform by any means other than through the
interface that is provided by Hero Vired. You agree not to
use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, or
copy any part of our Platform, except those automated means
that we have approved in advance and in writing.
- You acknowledge that your access to the Platform may be
interrupted or delayed due to any internet or
telecommunication outage or general maintenance. Hero Vired
will on best effort send you timely notice, work to mitigate
such interruption or delays including restoration of the
services.
- ADMISSION, PROGRAM FEE, PAYMENT TERMS AND CREDIT FACILITY
- Any User who is admitted to any program offered through the
Platform will be subject to eligibility criteria set out for
such program and payment of program fee by the User as per
payment schedule applicable.
- User’s provisional admission to any program may be subject
to submission of certified/self-attested documents as
requested by our Educational Partners. If any discrepancy is
found in such documents or is not submitted as required,
your admission may be subject to cancellation.
- The program fee for our part time online programs and for
full time program, where the User makes direct payment by
himself/herself without any financial assistance, is payable
in six (6) instalments or as per payment schedule applicable
to such program(s) on the date of purchase made by you. In
the event of any delay in payment of any instalments, Hero
Vired may in its sole discretion initiate necessary action
including but not limited to restricting or revoking access
to the Platform without incurring any liability or applying
late fee charges.Hero Vired considers the date on which a
payment is received by Hero Vired in its bank account to be
the date to determine whether a late fee penalty is
applicable. Late fee as may be applicable shall be
communicated to the User/Learner at the time of
imposition.Hero Vired reserves the right to amend or modify
payment schedule from time to time and shall notify the
Learners at the time of purchase of relevant program(s)
through communication modes as we may deem fit. Learner
shall adhere to the revised payment schedule as may be
applicable on the date of purchase of any program.
- Any fee payable by User is exclusive of applicable taxes
(present or future).
- We and/or our affiliates may offer discounts or promotional
code to eligible Users which you may apply for any
program(s) purchased on our Platform. These discounts or
promotional codes are non-transferable and non-reusable.
- You must keep a record of any receipts or invoices generated
online while you have made payments for any program.
Alternatively, we will provide you with invoice against any
payment received by us within five (5) working days from the
date of receipt of any fee.
- All payments shall be made in INR.
- We have partnered with third party payment gateway providers
for processing payments initiated by you on our Platform. By
using services of such providers, you acknowledge and agree
to abide by their terms, policies, etc. You further agree
that any Information including Sensitive Personal Data
shared by you shall be subject to such provider’s privacy
terms and you agree to be governed by such terms. Hero Vired
does not store your credit/debit or net banking details
including any other payment instrument used by you for
making the payment. Hero Vired disclaims any liability or
claims arising from your use of payment services of
third-party providers including any refund, delays, stuck
payment, chargebacks etc. including use, collection or
storage of Information shared by you with such providers.
- In the event you have availed any loan or credit facility
from our credit facility providers, you will be required to
pay fee as per below terms:
- Make a down payment of INR 23,600/- towards part payment of
program fee applicable and submit the loan application with
the credit providers on our Platform to ensure that all loan
related formalities are completed within three (3) days of
down payment of the fees.
- Any refund shall be processed within fourteen (14) working
days (excluding time taken by the bank for processing the
refund) from the date we receive written request from you to
withdraw from the program and rejection of loan along with
any other documents as may be required by us. Any request
made post noon as per the student’s local time will be
considered as submitted on the next working day.
- Any refunds of fee or down payment will be processed in the
same source or bank account which was used to make the
payment. No refund will be made in cash.
</li>
- Credit Facility:
Hero Vired has also partnered with credit facility providers
and if any User is desirous of availing such financing or
EMI facility to pay for any program, he/she may opt for such
facility.If you opt to avail any credit facility from
our third-party credit facility providers on our Platform
you or your co-applicants would be required to share bank
statements, KYC and other documents directly with the credit
facility providers. The processing of payments or
authorization or financial assistance is solely in
accordance with these third parties’ policies, terms and
conditions and we are not in any manner responsible or
liable to you or any third party for any delay or failure at
their end in processing your request or claims arising
therefrom including privacy of any Personal Information or
Sensitive Personal Information shared by you with them
directly You agree and acknowledge that any use of
such facility by you or your interaction with said providers
are subject to such party’s terms and conditions, including
cancellation, refunds, fulfilment, eligibility or
availability of credit facility. Any personal information
shared by you with such parties shall be governed by their
privacy policy and you are required to be aware of such
terms. You acknowledge that Hero Vired only acts as an
enabler by providing you the credit facility options on its
Platform and has no other roles or responsibilities with
regards to your interactions or transactions with such
credit facilitators or lenders as the case may be.
- CANCELLATION, REFUND AND BATCH DEFERMENT
- Cancellation and Refund:
Hero Vired offers a cancellation and refund policy. In case you are our existing User and/or new User who has purchased any of our program(s) and wish to cancel it and claim refund the following terms will apply in consonance with the terms stated in your offer letter.- The following terms shall apply to cancellation and refund:
- Refund request is received by Hero Vired from a
Learner within 20 working days from the date of
enrolment, provided the batch in which the Learner
is enrolled is not scheduled to commence within 25
working days from the date of enrolment;
- Refund request for batch where the date of
commencement is within 25 working days from the date
of enrolment, refunds will be issued if the request
is received before 5 working days from the batch
start date.
- Refunds in instances where Learner’s request for
loan is rejected by the financial partner of Hero
Vired shall be applicable to the value paid by the
Learner subject to cancellation fee stated herein.
- Eligible refunds where the Learner has procured a
loan facility shall be subject to additional terms
of financial partner of Hero Vired.
- Any request for refund made post the period stated
in these terms will be liable to be rejected.
- Any cancellation/refund under these terms shall be subject to cancellation fee equivalent to your registration amount, loan cancellation fee, subvention and any other charges as may be applicable and shall be payable by the Learner.
- Any refund shall be processed within 14 working days
from the date of receipt of request by Hero Vired.
Requests that are received after noon time as per
the Learner’s local time will be considered as
submitted on the next working day.
- Refund processing time of 14 working days is subject
to due receipt of all or any documents as may be
requested by Hero Vired for initiating the request
and excludes the time taken for payment processing
by the bank.
- In the event of any delay due to exceptional
circumstances, Hero Vired will notify you by email
of the delay and estimated time and no claims for
interest or whatsoever shall be made by the Learner.
- Any refund will always be processed to the respective account or the payment instrument (credit card, wallet etc.) from which payment was made for that particular program purchase.
- For any request on refund or cancellation please write to us at admissions@herovired.com
- Hero Vired does not allow any in-session cancellation of any program and no refund will be applicable.
- Hero Vired reserves the right to revoke an approved cancellation/refund subject to management’s discretion.
- Hero Vired reserves the right to amend these policies from time to time;
- Deferral Policy
Hero Vired offers flexibility to its existing and new Users to defer their learning schedule to the next batch (subject to availability) if occasioned due to unavoidable circumstances, to be submitted in writing by the Learner to Hero Vired.Any deferment request shall be subject to the following terms:- Deferment request before the commencement date of the Batch scheduled
- Last date for making the request is three (3) working days prior to the Batch commencement date Learner enrolled for.
- Any batch deferment request by any Learner will disqualify him/her from any scholarships, if offered by Hero Vired and such scholarship cannot be reclaimed by the Learner in any manner.
- Deferment request after the commencement date of the Batch scheduled (applicable if the request is made within first 15 working days from the batch commencement date)
- Deferment requests are eligible under this policy if made within 15 working days from the batch commencement date.
- A deferral fee of Rs 20,000/- + applicable GST and/or any applicable loan related charges shall be payable by the Learner upfront to Hero Vired within 5 working days from the date of deferment request, failing which the Learner will be considered as regular Learner of the program batch enrolled for.
- Any deferment can be only extended to one of the subsequent three batches scheduled for the enrolled program(s).
- There is no part deferment, i.e., any Learner cannot part complete the program in one batch and rest of the part in another batch.
- Each Learner is eligible for only one deferment request during his/her learning tenure with Hero Vired. Deferment requests for each program enrolled by the Learner are liable to be rejected by Hero Vired without incurring any liability.
- Deferment is applicable to the same cohort/program to which the Learner is enrolled.
- Learner’s access to any program content deferred will remain suspended until Learner participates in the deferred batch.
- Any batch deferment request by any Learner will disqualify him/her from any scholarships, if offered by Hero Vired and such scholarship cannot be reclaimed by the Learner in any manner.
- Deferment request may be made by written request at support@herovired.com or through the support portal on VLearn.
- Hero Vired will confirm approval of deferment within 10 working days, if it meets the eligibility conditions above and subject to receipt of applicable deferment fee.
- Hero Vired reserves the right to revoke an approved deferment subject to management’s discretion.
- Hero Vired reserves the right to amend these policies from time to time;
- HERO VIRED COMMUNICATIONS, DISCLAIMER AND CONSENT
- You understand and agree that our services may include
communications related to services, confirmations,
cancellations, payments, refunds, schedules, timetable,
attendance, program announcements, administrative messages
other information relevant from us or from our Educational
Partners or licensors or associates and that these
communications are considered part of the services. You
acknowledge that you will be required to provide a valid
phone/mobile number and email ID while placing a request or
registration on the Platform. By registering Your
phone/mobile number with us, You consent to be contacted by
Us via phone calls, SMS notifications, mobile applications
and/or any other electronic mode of communication and You
consent to receive communications via internet-based
messaging applications including WhatsApp, voice call,
e-mail or any other alternative communication, detail
provided by the User at the time of registration,
periodically and as and when required.
- User or Learner acknowledges that his/her association with
Hero Vired with respect to any services obtained through the
Platform shall at all times be governed by these Terms of
Use or any Supplementary terms as may be applicable or any
communication received from the official channels or email
ID of Hero Vired. User or Learner acknowledges that Hero
Vired SHALL NOT be under any obligation to entertain any
communication or commitment (written or oral made through
call, or email, WhatsApp, SMS, etc.) whatsoever made by any
counsellor, including but not limited to faculty member,
advisor or representative acting for and/or on behalf of
Hero Vired to any User or Learner with regards to any
program(s) or services offered by Hero Vired except where
such communication is from the official email ID of Hero
Vired i.e. hello@herovired.com. User or Learner undertakes
to apply diligence before acting under any representation or
commitment made by anyone acting for and/or on behalf of
Hero Vired and further waives his/her rights to raise any
claims with respect to such communications or commitments
and Hero Vired shall not entertain any claims related
thereto.
- The User unconditionally consents and authorizes Hero Vired
to send such communications and agrees that such
communications are (i) pursuant to the request of the User;
and (ii) ‘transactional’ and not an ‘unsolicited commercial
communication’ as per the guidelines of Telecom Regulation
Authority of India (TRAI).
- You will indemnify Hero Vired, its directors, officers,
employees, affiliates, subsidiaries or third party (“Indemnified Party”) against all types of losses and
damages incurred by Indemnified Party due to any action
taken by TRAI, or any other authority due to any erroneous
compliant raised by You on Indemnified Party with respect to
the intimations mentioned above or due to a wrong number or
email id being provided by you for any reason whatsoever.
- The Platform is an electronic medium which provides Users
online learning facility where programs are provided to any
User in collaboration with our Educational Partners.
- We offer several programs to the Users which are self-paced
learning and may include but is not limited to videos, SCORM
files, PDFs, ppts, documents, graphics etc. or
instructor-led learning, live lectures, webinars,
interactive sessions organized in the form of a curriculum
or learning schedule relevant to each program. The programs
shall be textual/video materials/exams and/or other
components as decided by Hero Vired or our Educational
Partners or program providers who offer the program.
- The program content is provided in a secure manner and
cannot be downloaded or copied by the User and to access the
programs and contents you need to access the Learning
Management System (“LMS”).
- Once you have enrolled in any program(s) and subject to
receipt of fee by us, we will send you detailed schedule
including but not limited to program plan, class schedules,
assessments, examinations, time period, and
accessibility,process of evaluation, certification,
assessments and tests, which will govern such r program.
- Each program may have Supplementary Term and will
be governed with such terms in addition to these ToU and any
related program schedule will be shared with you once you
have made full payment of applicable fee.
- We may amend, modify, cancel or reschedule any program
including lectures, presentations, and webinars including
process of assessments, exams, certifications etc. in such
event we will share with you the revised schedule promptly
or publish it on our Platform.
- Hero Vired or its Educational Partners may cancel, amend,
modify, upgrade or alter any program or program content any
time without incurring any liability except stated below. We
will notify you of such changes or publish it on our
Platform. In the event of any cancellation of any Program by
Hero Vired, it may in its sole discretion offer
equivalent program or alternative batch to the Learner or
refund the program fee paid by the Learner within 30 working
days from the date of cancellation of the said program.
- Your access to a program or completion time will be as per
the period specified for the program. In the event you fail
to complete your program as per timelines or extensions
applicable or fail to take any exam during the period of the
program, you may be required to pay additional fee or extra
charges as may be applicable on case to case basis to
complete your program or appear for the examination.
- Hero Vired will provide you with a certificate of completion
or participation in any program subject to criteria
applicable to each program.
- Hero Vired may jointly issue certificate to you as per terms
agreed with our Educational Partners.
- Any certificate offered to you by our Educational Partners
shall be solely governed by their terms and policies. Hero
Vired makes no representation or warranty with regards to
such certificates or awards.
- Hero Vired or its Educational Partners reserves the right to
deny issuance of any certificate of program completion or
related certificate without incurring any liability, if
information, as required by Hero Vired or its Educational
Partner, supplied by you are either found to be incorrect,
misleading, incomplete or deficient.
- In addition, issuance of certificate(s) shall be
governed by respective program(s) terms and conditions and
the decision of Hero Vired or Educational Partner shall be
binding.
Hero Vired endeavours to create a world class product in terms
of our programs offered to our Users. These programs are
designed after analysis of industry requirements. We at Hero
Vired are conscious of our Learner’s career development and
growth. Hero Vired has designed its programs to enable its
Users acquire skill and expertise relevant to the industry and
market conditions. We actively engage ourselves with
individual Learners and help them build their career profiles
through continuous career assistance right from the day you
enrol in our program and through the placement process. In
addition to the value add in knowledge and skills, Hero Vired
invests itself into facilitating and providing career
opportunities for its eligible Learners. For more details on
our placement process, you are requested to refer the placement policyavailable on the LMS or you may write to our career
services team atcareerservices@herovired.com.
- USER COVENANTS AND RESTRICTIONS
- Users are advised to check and verify the details of the
programs, its content, schedules and other terms related
thereto before purchasing or enrolling for a program
available on the Platform.
- User agrees that it shall be bound by the terms of such
program which shall be in addition to this ToU.
- If any User authorizes another person to make any
registration or enrol User for any program, it shall be
deemed that the User is aware of the applicable terms and
this ToU and related rules and restrictions applicable
thereto. If User intends to take assistance from any person
to register or enrol User for any program, User must submit
an authorization letter on email in favour of such person to
Hero Vired to undertake such activity. Hero Vired may
decline a registration by third party for the User in the
absence of authorization from the User.
- The User undertakes to abide by all procedures, guidelines,
as notified by Hero Vired from time to time, during the
course of their interaction with the Platform and
participation in programs.
- Except where expressly stated otherwise, you are not
permitted to copy, broadcast, distribute, download, store
(in any medium), transmit, create adaptive work, publish
change in any way the Materials or content on the Platform
for any other purpose.
- While interacting or transacting on the Platform User shall
not host, display, upload, modify, publish, transmit, store,
update or share any information that:
- While interacting or transacting on the Platform User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the User does not
have any right;
- is defamatory, obscene, pornographic, paedophilic,
invasive of another’s privacy, including bodily privacy,
insulting or harassing on the basis of gender,
libellous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or
otherwise inconsistent with or contrary to the laws in
force;
- is harmful to child/children;
- infringes any patent, trademark, copyright or other
proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of
the message or knowingly and intentionally communicates
any information which is patently false or misleading in
nature but may reasonably be perceived as a fact;
- impersonates another person;
- 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 other
nation;
- 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 other
nation;
- contains software virus or any other computer code, file
or program designed to interrupt, destroy or limit the
functionality of any computer resource;
- is patently false and untrue, and is written or
published in any form, with the intent to mislead or
harass a person, entity or agency for financial gain or
to cause any injury to any person;
In the event of any non-compliance with the above Hero Vired reserves the right to immediately terminate/suspend, without notice, in addition to exercising other legal remedies/actions available, User’s access or usage of the Platform or remove non-compliant information or both, as the case may be, without incurring any liability.
- User shall:
- Use Platform for legitimate purposes;
- Adhere to the program schedule and submit projects on time;
- Use Platform and Materials for non-commercial purpose and for single User’s use only.
- Act diligently and responsibly while interacting with the Platform including fellow Users;
- Comply with his/her obligations herein;
- Provide true, correct and up to date information;
- Comply with applicable laws of India, including Copyright Act 1957, Trademark Act 1999, Information Technology Act 2000, applicable rules or guidelines and any laws that is applicable to the conduct of the User;
- Maintain confidentiality of any information, content, Materials provided by Hero Vired. User shall not be disclosing such information except as required by law or for the purposes of this ToU or enforcing rights herein.
- User while interacting with the Platform or other Users, including but not limited to faculty members, teachers, academicians, industry experts, shall NOT:
- Share his/her login credentials with any third party;
- Share access to his/her account to anyone except as may be requested by Hero Vired for any support or technical services;
- Indulge in any misbehaviour, cause threat to anyone;
- Indulge in any plagiarism;
- Indulge in cheating, illegal practices while working on projects, an assessments or exams;
- Make any misrepresentation of facts;
- Copy, distribute, publish, or reproduce any third-party content in which it does not have any right or license to use;
- Post inaccurate information with intent to mislead others;
- Collect or store personal information about other Users;
- Impersonate any person or entity, including, but not limited to, a representative of Hero Vired, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt our Platform, servers, or networks
- The list of Dos and Don’ts provided above are non-exhaustive and are indicative. Your use of the Platform is under our monitoring and in the event of any violation of this ToU including, but code of conduct we may without notice, revoke, suspend, deny or terminate your access to the Platform.
- You are solely responsible for all materials including,
notes, drawing, graphics, assignments, content, audio,
video, photographs, images, testimonials, documents,
literary files, whether publicly posted or privately
transmitted, that you upload, post, e-mail, transmit, or
otherwise make available on our Platform or its forums and
communities (“User Content”).
- You hereby grant us, our affiliates, our partners, group
entities, subsidiaries (present or future), licensors or
associates, a worldwide, irrevocable, royalty-free,
non-exclusive, sub-licensable, assignable license to use,
reproduce, of, distribute, publicly perform, publicly
display, transfer, transmit, and/or publish, create
derivative works of the User Content and subsequent versions
of User Content for the purposes of (i) displaying User
Content on our Platform, (ii) distributing User Content,
either electronically or via other media, to users seeking
to download or otherwise acquire it, and/or (iii) storing
User Content in a remote database accessible by end users,
for a charge. This license shall apply to the distribution
and the storage of User Content in any form, medium, or
technology now known or later developed.
- You acknowledge that Hero Vired may in the course of
providing you any program or interaction with you record
your comments, feedbacks, observations, video, audio
(hereinafter “<b>Interactive Content</b>)” and to the extent
permissible under applicable laws you waive all your rights
of privacy, publicity or any other intellectual property
rights including moral rights in such Interactive Content
and acknowledge that such Interactive Content shall be sole
and exclusive property of Hero Vired. Hero Vired is
free to publish all or part of Interactive Content in any
form, medium, or technology now known or later developed
including use thereof without any restriction.
- You certify and represent that you own all intellectual
property rights in User Content and/or have required
licenses and permissions to post, reproduce, distribute,
publish, transmit, display such User Content if it has any
third-party intellectual property rights. You represent that
our use of User Content shall not violate any third-party
intellectual property rights or lead to any claims or loss
or cause any damage and you will indemnify us in the event
of breach of this representation.
- Hero Vired promotes mutual interaction including but not
limited to Users, faculty members, academicians,
academicians, industry experts and allows Users to post,
write, share their views, opinions, feedback, testimonials
on such forums or communities. User acknowledges that any
content, notes, drawing, graphics, assignments, content,
audio, video, photographs, testimonials, documents, literary
files, posted by you on Hero Vired forums or communities
will be subject to restriction under this ToU and shall be
publicly available. Users shall not engage in any illegal
activities while doing so. You agree to use our message
board, chat areas, forums, communities and/or message or
communication facilities only to send and receive messages
and material that are proper and related to that particular
forum or community and comply with restrictions provided in
this ToU.
- Hero Vired does not guarantee any security of such
information shared by you including personal information and
User acknowledges that all or any disclosures made by the
User in such forums or communities shall be available for
public viewing, including any Personal Information shared by
the User and Hero Vired shall not be liable for any public
disclosures and consequent loss or claim arising therefrom
to User or any third party.
- We are not responsible for User Content or postings by users
in the forums, communities, message board, chat areas or
feedback sections or other sections of our sites and any
reliance made on such User Content is your personal
discretion.
- Hero Vired may conduct contests or events for its Users
through its Platform to encourage collaboration or
participation amongst Users and such contests or events
shall be governed by the terms stated herein in addition to
specific terms for such contest. Participation is optional.
Hero Vired may announce the winners on its Platform or any
other publication it may deem fit. Users unconditionally
consent to such publications.
- EDUCATIONAL PARTNER AND THIRD-PARTY LINKS
- Hero Vired does not claim to be a University and is only an
education technology provider which inter alia engages in
providing online learning materials which is prepared in
collaboration with our educational partners which
includes universities & MOOCs & other edtech
platforms (domestic and international), educational
institutions (private or government), government
authorities/bodies, enterprises including industry experts,
instructors (hereinafter “Educational Partners”)
- Our Platform may contain links to third party websites or of
our Educational Partner and some of our program
contents on our Platform is provided by such third parties
or Educational Partner. Such websites, contents are
owned by respective parties. We have no control over such
websites and are not responsible for any contents available
there or use of such content by you. Any use of such
website, content or enrolment to such programs or
interaction by you will be at your own risk, responsibility
and liability and subject to the term and conditions and
privacy policy of each of those websites and Hero Vired
makes no representation or warranty with regard to such
websites or information contained therein. Any programs
affiliated with Educational Partners or third parties are
subject to their terms and applicable policies in addition
to this ToU.
- If you are participating or have enrolled in any program of
our Educational Partners, including programs which offers
any certification you acknowledge and agree that your
eligibility to participate, your records, performance as for
any certification or credits or offering of any
certification shall be solely governed by Educational
Partners’ terms, policies and procedures.
Hero Vired’s names, logos, marks, labels, trademarks,
copyrights or intellectual and proprietary rights on Platform
including in any Materials as defined in Clause 19.2 under
this ToU, domain names or any variants thereof are property of
Hero Vired. Any other names, logos, marks, labels, trademarks,
copyrights or intellectual and proprietary rights of our
Educational Partners or third party service providers used on
Platform including in any Materials are property of respective
owners. User shall not be entitled to raise any claims against
such names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights and Materials in any
manner whatsoever or use, reproduce, publish such names,
logos, marks, labels, trademarks, copyrights or intellectual
and proprietary rights without explicit licenses from the
respective owners. Said properties are protected under
applicable intellectual property laws of India or as may be
applicable.
- HERO VIRED’S INTELLECTUAL PROPERTY RIGHTS
- The technology and the software including intellectual
property underlying our Platform and our services is the
property of HeroX Private Limited, and/or our affiliates or
licensors. You agree not to copy, modify, lease, sell,
assign, distribute, reverse engineer, grant a security
interest in, or otherwise transfer any right to the
technology or software underlying our Platform or the
services.
- Hero Vired’s Platform is intended to promote e-learning
through various programs, texts, exams, video, audio,
lectures, webinars, speeches, webinars, live lectures,
lessons, quiz, presentation, images and/or other
instructional materials, photographs, graphics, images,
illustrations, interactive features, marks, logos, sound or
video clips, animation which includes content created by us,
our partners or licensors or associates (collectively
“Materials”). User acknowledges that all Materials on the
Platform are protected by Indian Copyright Act 1957,
Trademarks Act 1999 amended provisions and other
intellectual property rights laws and are sole and exclusive
property of Hero Vired and/or our affiliates or licensors.
- User acknowledges the ownership and proprietary rights of
Hero Vired, its affiliates or licensors in the Platform
and/or Materials and agrees to not copy, modify, publish,
transmit, participate in the transfer or sale of, reproduce,
create derivative works of, distribute, publicly perform,
publicly display, or in any way exploit any of the Materials
in whole or in part except as expressly permitted under this
ToU.
- All the Materials are only for your personal,
non-commercial, educational and informative use. Any use in
violation of terms hereof will constitute infringement of
Hero Vired’s or our affiliate’s or licensor’s copyrights,
trademarks and other proprietary rights, and you may be
subjected to criminal or civil proceedings.
- We do not make any warranty as to the Materials or content
on our Platform. The Materials and content are distributed
on an “as is, as available” basis. We disclaim any quality
or accuracy of Material or content provided on our Platform
by third parties including our Educational Partners.
- Any Material or content accessed, downloaded or otherwise
obtained through our Platform is done at your own discretion
and risk, and you will be solely responsible for any
potential damages to your computer system or loss of data
that results from such actions. Any advice or information
sought by a User from Hero Vired (orally or in writing)
regarding any services shall not constitute any warranty in
any manner whatsoever.
- NEITHER WE NOR ANY OF OUR EDUCATIONAL PARTNERS OR LICENSORS
OR ASSOCIATES MAKES ANY REPRESENTATION OR WARRANTY OF
ANY KIND WITH RESPECT TO THE SERVICES OR MATERIALS OR
CONTENTS PROVIDED ON OUR PLATFORM (EXPRESS, IMPLIED OR
OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH
IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE
LAW.
- WE DO NOT WARRANT THAT (I) OUR PLATFORM WILL BE
UNINTERRUPTED, ERROR FREE, TIMELY, SECURE; OR (II) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORM
WILL BE ACCURATE OR RELIABLE; OR (III) THE QUALITY OF ANY
PRODUCTS, SERVICES, PROGRAMS, INFORMATION, MATERIAL OR
CONTENT THAT YOU PURCHASE OR OBTAIN THROUGH OUR PLATFORM
WILL MEET YOUR EXPECTATIONS OR (IV) AVAILABILITY OF ANY
PROGRAM MATERIAL OR CONTENT ON CONTINUOUS BASIS.
- Hero Vired reserves the right to change the features or
functionality of the Platform or services being provided at
any time, in its sole discretion, without any prior notice
to User.
- The User expressly agrees to defend, hold harmless and keep indemnified Hero Vired its affiliates, subsidiaries and their respective officers, directors, employees, representatives, agents, lawful successors and assigns (“Indemnified Party”) at all times and make good any loss, damage, costs and expenses (including legal fees) that arises, or is suffered or incurred by Indemnified Party due to acts or omissions of the User, including any breach of any representation or warranty provided by the User under this ToU, or non-performance of any covenants under this ToU, including negligence, violation of applicable laws, or any third party claim of infringement or misappropriation of intellectual property rights including any claims arising from User posting User Content on Platform contrary to the applicable laws of India and/or use of User Content by Hero Vired, our affiliates, partners, group entities, subsidiaries (present or future), licensors or associates.
- NOTWITHSTANDING ANYTHING TO CONTRARY IN THE TOU,IN NO EVENT
WILL HERO VIRED, ITS SUBSIDIARIES OR AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TOYOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE OUR PLATFORM, RELIANCE ON THE
INFORMATION OBTAINED FROM THE PLATFORM WHETHER YOUR CLAIM IS
BASED ON CONTRACT, TORT OR STATUTORY OR OTHER LAWS EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN
NO EVENT THE AGGREGATE LIABILITY OF HERO VIRED TO USER FOR
ANY CLAIMS ARISING UNDER THIS TOU OR ANY SUPPLEMENTARY
AGREEMENT OR OTHER POLICIES SHALL EXCEED FIFTY PERCENT (50%)
OF THE AMOUNT PAID BY THE USER TO HERO VIRED PRIOR TO THE
DATE THE CLAIM ARISES NOTWITHSTANDING THE NATURE OF THE
CLAIM.
- HERO VIRED, ITS SUBSIDIARIES OR AFFILIATES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR CLAIMS ARISING
FROM THE USER’S POSTING USER CONTENT ON THE PLATFORM OR ANY
THIRD-PARTY INFRINGEMENT CLAIMS ARISING THEREFROM.
- The terms of this ToU along with Supplementary Terms,
policies, guidelines, code of conduct or any other terms
applicable to you during the course of you using our
services or Platform shall continue to apply until
terminated by either you or us as set forth below.
- TERMINATION OR SUSPENSION OF USER ACCOUNTS
- Users may terminate this ToU with Hero Vired, by (i) not accessing the Platform; or (ii) closing Your Account by writing to us at privacy@herovired.com.
- Hero Vired in addition to other remedies available under this ToU and applicable laws, may limit/restrict/decline User’s access to the services on our Platform or suspend or terminate or discontinue or deactivate or delete User’s account/registration in its sole discretion at any time without reason or giving prior notice or incurring any liability if:
- User is found to be in breach of this ToU or any
Supplementary terms or policies as applicable from time
to time;
- User has misrepresented facts or information or found to
have furnished wrong/incorrect details;
- User conduct is in violation of applicable laws of
India;
- User has indulged in unlawful activities or has
misbehaved with other Users, vendors, partners,
lecturers, staff, employees of Hero Vired
- Any misconduct has been reported against the User;
- Hero Vired has reasons to believe that User’s has
indulged in actions which may infringe third party
rights or threat to national sovereignty;
- Hero Vired receives any order/notice from any judicial,
quasi-judicial, administrative, regulatory,
investigative body to suspend or terminate User’s
account; or
- For any legal or policy reasons.
No claims shall be maintainable against Hero Vired for any loss or damage that may be caused to the User or any person as a result of any termination, suspension, discontinuation, or deactivation of User’s account by Hero Vired as above said.
- Any suspension of User account or restriction imposed temporarily will be in the instances where Hero Vired may in its sole discretion investigate the default of User and reserves the right to reinstate such User’s account at additional cost or undertaking to be provided by the User.
- The User shall not be entitled to any refund for any amounts already paid in the event of any termination, suspension, discontinuation, or deactivation of the account.
- Hero Vired or its employees will never contact you for your
Personal Information or Sensitive Personal Information
except as provided in the Privacy Policy. User must verify
the identity of any person calling on behalf of Hero Vired
while responding to any calls, SMS or email to avoid falling
victim to fraudsters or organized scams and shall never
disclose any Personal Information or Sensitive Personal
Information through aforesaid communication mediums until
satisfied of the identity of the caller.
- Users acting to any such fraud calls or requests shall be at
User’s risk. If you are ever asked for such information, you
may also report to us at privacy@herovired.com.
- If you find any content or Material on the Platform unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, infringing User’s intellectual property rights please write to the Grievance Officer at privacy@herovired.com and Hero Vired shall promptly investigate such incident and take reasonable action under applicable laws.
- In relation to any complaint received by us with regards to any content which is prima facie in the nature of any material which exposes the private area of any User/or any individual, shows such User/or any individual in full or partial nudity or shows or depicts such User or individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such User or individual, we request you to provide related details in relation to such content and we will promptly take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted through our Platform.
- This ToU including Privacy Policy, as applicable to any
services offered by Hero Vired constitutes the entire
agreement between you and HeroX Private Limited with respect
to your use of Platform and services offered by us.
- Terms of this ToU including Privacy Policy, as applicable
that, by their nature and content, are intended to survive
the completion, rescission, termination or expiration of
this ToU, shall so survive and continue to bind the Parties
for the maximum period of time permitted under applicable
law.
- Nothing in this Agreement shall be construed as to create
the relationship of employer-employee, partners,
collaborators, joint-venture or principal-agent between the
parties hereto.
- We treat your information with confidentiality and all your
information shared by you with us is governed by our Privacy
Policy.
- Any notice as may be required in connection with your
services with us or transaction or any notices required
under any applicable laws, will be effective upon our
posting them on our Platform or delivering them to you
through e-mail ID provided by you at the time of
registration. Hero Vired shall not be liable if you have
provided incorrect email id. You hereby consent to receiving
such notice on your email ID.
- In the event of any circumstances or situations beyond our
reasonable control including act of God, labor unrest,
insolvency, a pandemic, an epidemic, business exigencies,
government decisions, terrorist activity, any operational
and technical issues, or any other reason which limits our
ability to service you (collectively “Force Majeure
”), Hero Vired may suspend, limit or terminate your access
to the Platform with written notice sent to your email ID
and Hero Vired will take all reasonable measures to mitigate
any delay caused however, Hero Vired cannot be held
responsible for any such Force Majeure circumstance.
- Any notice or communication may be sent by the User by writing to us at privacy@herovired.com or send by post at our Registered Office:Grievance Officer
HeroX Private Limited,
5th floor, 503,
Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017 - The ToU is subject to amendment and modifications from time
to time. Hero Vired may make such amendments or
modifications without any notice. You are expected to
periodically visit our Platform and be abreast with the
latest version.
- Hero Vired may also incorporate any feedback or suggestion
shared by Users in any material or content; User
acknowledges that Hero Vired is not responsible to give any
credit to the User for such changes neither any intellectual
property of the User shall be recognized therein. User
waives all claims including moral rights in his/her
suggestions or feedback.
- If any provision of this ToU is determined to be invalid or
unenforceable in whole or in part, such invalidity or
unenforceability shall attach only to such provision or part
of such provision and the remaining part of such provision
and all other provisions of this ToU shall continue to be in
full force and effect.
- Failure or delay on part of either Party to enforce any
provision(s) of this ToU at any point of time shall not be
construed to be a waiver by such Party of such rights
thereafter to enforce each and every provision of this
Agreement.
- Hero Vired may assign or transfer its rights, obligations,
benefits, either in whole or in part, without the prior
written consent or intimation to the User. User is not
entitled to transfer or assign his/her rights, obligations
or benefits under this ToU or any Supplementary Agreement or
policies governing User’s relationship with us.
- These terms shall be construed in accordance with the laws
of India, and for any disputes arising herein, parties’
consent to the exclusive jurisdiction of courts in New
Delhi.
- For any concerns, complaints or feedback please write to us at privacy@herovired.com. We will promptly look into your concerns and resolve your concerns within the prescribed time limit under applicable laws.
- In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below. We will promptly look into your grievance/complaint and resolve your complaint within 15 days of its receipt by us or any such time period as prescribed by applicable laws whichever is more.
Name: Ms. Samra Rahman
Email ID: privacy@herovired.com
Registered Address:
5th floor, 503, Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017
Effective Date: August 31, 2022