Programs
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” or “us”) 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” or “you”) 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 centers, 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.
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.
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.
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.
(a) Information provided by User at the time of Registration on the Platform:
Information which you provide while subscribing to or registering on the Platform, including but not limited to name, gender, marital status, religion, date of birth, email address, postal addresses, telephone (mobile or otherwise) and/or fax numbers, any other information relating to your income and/or lifestyle; billing information, payment history, payment details for refunds, bank account and related information etc. (as shared by you), Aadhaar Number, PAN Number, educational qualification(s), work experience, salary details, company details, photograph, and any information as may be required at the time of registration, including login credentials;
Once the registration process is completed, the said e-mail id and password can be used to access your account every time you visit our Platform. You are required to maintain confidentiality of your login credentials and secure it from any unauthorized access. We do not take any responsibility for any misuse or abuse of your login credentials except due to any act or omission by us.
(b) Other information:
We many also collect some other information and documents including but not limited to:
(c) 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.
(d) Other Information:
In the process of your interactions and engagement with the Platform including platforms of our Educational Partners (access enabled by Hero Vired), you acknowledge and agree that 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, enabling a more optimum learning experience or customizing your learning journey with us. We also use said Information to ensure that you are not in breach of any applicable terms of Hero Vired or its Educational Partners. In respect to the aforesaid, you hereby provide unconditional consent to Hero Vired to access your account with its Educational Partners where said access is enabled by/through us. Your access to such platforms may be declined/suspended if you are or suspected to be in any kind of breach of the terms herein or the ToU.
(e) 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.
(a) We may use your Information for several purposes, including but not limited to:
(b) Any Non-Personal Information collected by us is used for conducting statistical analysis, research of User behaviour, interests and improvising our services and offerings
(c) 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.
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.
VII.OTHER DISCLOSURES
In addition to the circumstances described above, we shall be entitled to disclose User’s Information without obtaining prior consent from you and without incurring any liability, if required to do so:
VIII 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.
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.
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.
XIV. 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.
XVI. 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.
XVII. 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.
XVIII. DISPUTE RESOLUTION
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.
XIX. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below:
Name: Arjun Assi
Email ID: privacy@herovired.com
Registered Address:
HeroX Private Limited
5th floor, 503, Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017 M
Effective Date: 28th June 2024
1.1. These terms and conditions (hereinafter “Terms of Use” or “ToU”) and 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
1.2. The Platform is owned by HeroX Private Limited (hereinafter “Hero Vired”), a 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.
1.3. Hero Vired offers through the Platform online learning materials with focus on entrepreneurship, employability, industry-relevant programs, experiential instruction, and outcome-based learning.
1.4. 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.
1.5. 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.
1.6. User shall also refer to Hero Vired’s Privacy 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.
1.7. 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.
1.8. For purposes of this ToU, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Privacy Policy.
2.1. 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”.
2.2. 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.
2.3. 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 enroll in any of our program, you will be referred to as Learner for all our subsequent transactions with you. Every Learner is deemed to be a User.
2.4. Both User and Hero Vired are individually referred to as ‘Party‘ and collectively referred to as ‘Parties‘ to the User Agreement.
2.5. 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.
3.1. 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.
3.2. 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.
4.1. 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 or disclose these details to any other person. 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 solely responsible for any loss or damage that may result if you fail to comply with these requirements and no liability shall befall on Hero Vired on any count whatsoever.
4.2. You agree to be responsible 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 without any liability. 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 or any other reason Hero Vired deems fit in its sole discretion. 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 may share User’s data with government or any investigating agencies to verify the User.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. Hero Vired reserves the right to decline any User registration on the Platform or enrolment in any program in its sole discretion without written notice or incurring any liability.
5.1. 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).
5.2. 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.
5.3. 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 and the User. 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.
5.4. 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.
6.1. 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.
6.2. User’s provisional admission to any program may be subject to submission of certified/self attested documents as requested by Hero Vired or our Educational Partners. If any discrepancy is found in such documents or is not submitted as required, your admission may be subject to cancellation without any liability of refund of fee by Hero Vired.
6.3. The program fee for our programs, where the User makes direct payment by himself/herself without any financial assistance, is payable as per schedule applicable to such program(s) on the date of purchase. For the program fee for our online programs, where the User makes direct payment by himself/herself without any financial assistance, the User is liable to make direct payments 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.
6.4. Any fee payable by User is exclusive of applicable taxes (present or future).
6.5. 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 subject to its terms and conditions. These discounts or promotional codes are non-transferable and non-reusable.
6.6. You must keep a record of any receipts or invoices generated online while you have made payments for any program. Alternatively, we can provide you with invoice against any payment received by us within five (5) working days from the date of receipt of any fee upon a request made to you in writing.
6.7. All payments shall be made in INR.
6.8. 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.
6.9. To avail any loan from our credit facility providers, you will have to make a down payment (also known as blocking amount) 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. Once the loan is granted, you will be required to pay the installments to directly to the loan partner in terms of the payment schedule provided by our loan partners.
6.10. It is hereby clarified that a learner will be required to pay the down payment or blocking amount irrespective of whether the course is financed through a loan or paid directly by a learner to Hero Vired.
6.11. 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 the documents as sought by them. 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 assists you 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.
7.1. Cancellation and Refund:
Hero Vired offers a cancellation and refund policy in certain exceptional conditions. 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.
7.1.1. The following terms shall apply to cancellation and refund:
Refund Policy:
In case you are our existing Learner and/or new Learner who has opted for any of our courses or programs and wish to cancel it and claim a refund, the following terms will apply:-
7.2. Deferral Policy
Hero Vired may defer their learning schedule to the next batch if occasioned due to unavoidable circumstances provided the User makes a written application to Hero Vired with reasons and there is availability in the next batch.
Any deferment request shall be subject to the following terms:
7.2.1. Deferment request before the commencement date of the Batch scheduled
7.2.2. 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)
7.2.3. Any deferment can be only extended to one of the subsequent three batches scheduled for the enrolled program(s).
7.2.4. 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.
7.2.5. 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.
7.2.6. Deferment is applicable to the same cohort/program to which the Learner is enrolled.
7.2.7. Learner’s access to any program content deferred will remain suspended until Learner participates in the deferred batch.
7.2.8. 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.
7.2.9. Deferment request may be made by written request at support@herovired.com or through the support portal on VLearn.
7.2.10. 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.
7.2.11. Hero Vired reserves the right to revoke an approved deferment subject to management’s discretion.
7.2.12. Hero Vired reserves the right to amend these policies from time to time;
8.1. 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.
8.2. 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 address all communications to a learner from the official account(s) of Hero Vired bearing the domain name “herovired.com” Hero Vired shall not liable to a user or learner for any reason whatsoever if a user or learner acts on the basis of representations and commitments made outside the official channels of communication.
8.3. The User unconditionally consents and authorizes Hero Vired directly or through third party service provider, from time to time, may also contact User 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 commercial communications and other services on the contact number provided by the User, whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not, and User 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).
8.4. 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.
9.1. 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.
9.2. 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.
9.3. 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”).
9.4. 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 program.
9.5. Each program may have Supplementary Terms 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. Any variation between this ToU and the supplementary Terms of each Program, the terms of the supplementary Terms may prevail.
9.6. We may amend, modify, cancel or reschedule any program including lectures, presentations, and webinars including process of assessments, exams, certifications etc. at our sole discretion. In such event we will share with you the revised schedule promptly or publish it on our Platform.
9.7. 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.
9.8. 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.
10.1. Hero Vired will provide you with a certificate of completion or participation in any program subject to criteria applicable to each program and receipt of the complete fee.
10.2. Hero Vired may jointly issue certificate to you as per terms agreed with our Educational Partners.
10.3. 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.
10.4. 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 or if you initiate any legal proceedings against Hero Vired, its employees, directors, representatives, Educational Partners, etc. until such dispute is resolved.
10.5. 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.
The placement assistance provided by Hero Vired to the User is governed by the Career Services Policy separately agreed to be between you and us. For more details on our placement process, you are requested to refer the placement policy available on the LMS or you may write to our career services team at careerservices@herovired.com
.
12.1. Users must 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.
12.2. User agrees that it shall be bound by the terms of such program which shall be in addition to this ToU.
12.3. If any User authorizes another person to make any registration or enroll 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 enroll 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.
12.4. 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.
12.5. 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.
12.6. While interacting or transacting on the Platform User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
(i) belongs to another person and to which the User does not have any right; (ii) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child/children;
(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 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;
(vii) impersonates another person;
(viii) 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;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) 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.
13.1. 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.
13.2. 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
13.3. 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.
14.1. 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”).
14.2. 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.
14.3. 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 “Interactive Content)” 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.
14.4. 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.
15.1. 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.
15.2. 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.
15.3. 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.
16.1. 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.
17.1. 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”)
17.2. 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.
17.3. 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.
17.4. You hereby acknowledge that your access to our Educational Partner’s platform enabled through us, during course of applicable program enrolled by you, your program journey shall be under our monitor and supervision. You hereby consent and approve that for the purposes of examining your performance and/or enabling a more optimum learning experience including customizing your learning journeys, Hero Vired will access your account with its Educational Partners using login credentials shared by us with you.
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 sole and exclusive 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
Hero Vired or the respective owners. Said properties are protected under applicable intellectual property laws of India or as may be applicable.
19.1. 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.
19.2. 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.
19.3. 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.
19.4. 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 affiliates or licensor’s copyrights, trademarks and other proprietary rights, and you may be subjected to criminal or civil proceedings.
20.1. 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.
20.2. 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.
20.3. NEITHER WE NOR ANY OF OUR EDUCATIONAL PARTNERS OR LICENSORS OR ASSOCIATES MAKE 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.
20.4. 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.
20.5. 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.
21.1. 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.
22.1. 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 TO YOU 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.
22.2. 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.
24.1. 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.
24.2. 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.
24.3. 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.
24.4. 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.
25.1. 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.
25.2. 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.
26.1. If you find any content or Material on the Platform unlawful, objectionable, libelous, 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.
26.2. 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.
27.1. This ToU including Privacy Policy, and supplementary terms 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.
27.2. 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.
27.3. 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.
27.4. All your information shared by you with us is governed by our Privacy Policy.
27.5. 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 or you do not access the Platform . You hereby consent to receiving such notice on your email ID.
27.6. 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 be excused from performing its obligations under these ToU including suspending, limiting or terminating 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.
27.7. 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
27.8. 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.
27.9. 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.
27.10. 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.
27.11. 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.
27.12. 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.
27.13. 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.
28.1. 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.
29.1. 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: Arjun Assi
Email ID: privacy@herovired.com
Registered Address:
5th floor, 503, Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017
Effective Date: 28th June 2024
