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 HeroX and its 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 HeroX to deregister/delete/suspend such accounts.
Applicability and consent
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.
(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:
- 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 third party 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 HeroX.
(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, HeroX 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 HeroX.
(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 and occupation.
Use of your data
The Information collected by us will be used only for legal purposes and in the following manner. In doing so, HeroX employs and complies with security standards prescribed by Data Protection Laws.
(a) 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 on your birthday/anniversary to offer a special gift or offer;
- Monitoring your performance and conducting examination and periodic reviews;
- Conduct research about each User behaviour and learning pattern;
- Offer improved content and/or services and offerings;
- Track attendance;
- Track course 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;
- We 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.
- We may use your photo, video, employer details, testimonials or any Personal Information for the purposes of our marketing and advertisements.
- We may use your Information related to grades, score, rankings, testimonials, your photograph, your company name where you are employed, title, course you undertook, achievements to publish on the internal Learning Management System (LMS) of HeroX on its leaders board or achievers list.
(b) Any Non-Personal Information collected by us is used for conducting statistical analysis, research of User behavior, interests and improvising our services and offerings.
(c) HeroX, its affiliates or subsidiaries directly or through third party may also contact you by voice call, SMS, Whatsapp or email to know the preference of the User for concluding any service transaction or related activity. You hereby unconditionally consent that such communications via SMS and/ or voice call 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 HeroX, 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 or email, you may write to our Grievance Officer.
CAUTION: User must verify the identity of any person calling on behalf of HeroX 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 and 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.
We further ensure that all such Recipients employs best industry standard security measures and comply with Data Protection Laws. Users are requested to maintain confidentiality of their user name or login credential and prevent any unauthorized access, for which HeroX will not be responsible.
Companies in the same group:
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 if your 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 to you 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 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 addition to the circumstances described above, HeroX shall be entitled to disclose User’s Information without obtaining prior consent from you and without incurring any liability, if required to do so:
- By any government agency mandate under law;
- For verification of identity required by any enforcement authority for investigation;
- For prevention, detection, investigation of cyber incidents;
- By court order or in reference to any legal process;
- For regulatory, internal compliance and audit exercise(s);
- To enforce or protect our rights or properties or any or all of its affiliates, associates, employees, directors or officers;
- If HeroX believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
Opt-out of promotional emails
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.
Protection of information
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.
HeroX disclaims 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 HeroX shall be primarily stored and processed in India and such other jurisdictions where a third party engaged by HeroX may store or process the data on HeroX’s behalf. By agreeing to this policy, you are providing HeroX 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 your data and wish to withdraw your consent, you may do so by writing at email@example.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 subject 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 connect with our Grievance Officer.
User acknowledges that HeroX 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 HeroX.
We assure that any of our employees who violate our privacy and/or security policies related to User’s data is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
Third party links
Our Platform may link to other websites or third party service providers’ websites that may collect personally identifiable information about you. HeroX is 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
HeroX in the course of providing services 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 HeroX shall not be liable for any public disclosures and consequent loss or claim arising therefrom to User or any third party.
You may withdraw your consent and permission qua your Information as above said anytime by sending an email to firstname.lastname@example.org. You acknowledge that it may severely impact and limit our ability to serve your requests or services.
Review of 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 email@example.com. We may verify your identify before allowing 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 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.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below:
Email ID: firstname.lastname@example.org
5th floor, 503, Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017
Effective Date: 13-04-2021
- 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.
- Hero Vired offers though 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 by transacting on the Platform 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.
- For the purposes of these ToU wherever the context so requires, User shall mean any natural or legal person who purchases, or inquires about any product(s) or services(s) made available through “Platform”.
- For the purpose of this ToU, 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.
- 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, courses or 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. 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.
4. 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 the 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 shall conduct its primary due diligence about any User and in this process may share User’s data with the government or any investigating agencies to verify the user.
- 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 or course in its sole discretion without written notice or incurring any liability.
5. 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 courses or 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 it right to suspend/terminate such account 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 basis send you timely notice, work to mitigate such interruption or delays including restoration of the services.
6. Admission, program fee, payment terms and credit facility
- Any User who is admitted to any course or program offered through the Platform will be subject to eligibility criteria set out for such course or program and payment of course or program fee by the User as per payment schedule applicable.
- User’s provisional admission to any course or 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 Course fee for part time online programs is payable in three (3) instalments and for full time program in five (5) instalments as per payment schedule provided by Hero Vired. In the event of delay in payment of first instalment or any other subsequent Instalments, the following Late Fee is levied: INR 1000 + GST will be charged to the User occurring per day, if the instalment is paid within 15 days from the due date published on the instalment schedule;If the instalment is not received within 15 days from the due date, then the User shall be considered a dropout and a re-joining Fee of INR 10000 + GST will be charged in addition to the Late fees above, provided the User wishes to continue and complete the course or program and re-joining can be accommodated as per course or program guidelines.Hero Vired considers the date in 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.
- Any fee payable by User is exclusive of applicable taxes (present or future).
- Any course or program fee is subject to change from time to time. We may offer discounts or promotional code to eligible Users which they may apply for any course or program. 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 course or program. Alternatively we will provide you with invoice agents any payment received by us within two (2) 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 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 20% of the total course fees 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.
- In the event your loan request is rejected for any reason by our credit providers for any reason, we will refund to you100% of the down-payment along with any processing fee paid by you.
- Any refund shall be processed within seven (7) working days (excluding time taken by the bank for processing the refund) from the date we receive request from you to withdraw from the course or 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.
7. Cancellation, refund and batch deferment
7.1 Cancellation and Refund:
Hero Vired offers flexible and easy cancellation and refund policy. In case you have registered with us and purchased any course or program and wish to cancel it and claim refund the following terms will apply:
If any User withdraws from any course or program for any reason, HeroX will issue refund, subject to an additional cancellation fee of 10,000/- + GST. Requests for refund of fees on account of cancellation of enrolment shall be considered only if such requests are received prior to 22 days before date of course commencement. In other cases, no refund shall be made (if the request precedes 21 days of the commencement of the programme).
The fee will be refunded to the student within seven (7) working days (excludes the time taken for processing by the bank) from the day Hero Vired receives the student’s written notice of withdrawal with complete documentation as required. Requests that are received afternoon as per the student’s local time will be considered as submitted on the next working day.
No refunds shall be applicable where the user has procured a loan facility.
Any refunds will always be processed to the respective account or the payment instrument (credit card, wallet etc.) from which payment was made for that purchase.
For any request on refund of cancellation please write to us at email@example.com
Hero Vired may not allow any in-session cancellation of any course or program.
7.2 Deferral Policy (Pre- Program Commencement)
Hero Vired offers flexibility to Users to defer their learning schedule if due to unavoidable circumstances he/she is unable to commence with the designated batch and requests for a deferral before the batch starts. Any deferral will be subject to the following terms:
- For any request for deferral, User must raise a request with Hero Vired counsellor and it must be acknowledged and approved by said counsellor before any request can be processed.
- User will be required to pay 50% of the total program fee amount (inclusive of taxes) before the deferral can be approved, until such time User will be treated as part of original batch.
- User may request for deferral of any course or program to any of batch starting in the next 12 months from the date of request for deferral. Request must be made 20 days prior to the commencement of original batch in which the User was initially enrolled.
- User shall be required to pay additional Administrative fee of Rs. 10,000/- +GST towards deferral fee and pay the difference amount if there is price difference between program fees between the original and subsequent batch. This amount shall be non-refundable under any circumstances. Upon receipt of the deferral fee by Hero Vired, User will be eligible to defer to any of the batch starting within 12 months. We will communicate to you about the next batch and schedule applicable.
- Balance 50% of the program fee must be paid by the User seven days prior to the launch of the batch he/she is deferred to, post which the deferral request will expire. Once the deferral window expires and if such User wants to withdraw his or her enrolment from the said Program, the refund policy will be applicable.
7.3 Deferral Policy (Post Program Commencement)
Any User who is not able to dedicate time to any course or program due to severe issues or has medical reasons, we provide the opportunity for the User to defer the enrolment to another batch. Any post program commencement deferral will be subject to following terms:
- User shall be required to pay additional Administrative fee of Rs. 10,000/- +GST towards deferral fee and pay the difference amount, if there is price difference between program fees between the original and subsequent batch. This amount shall be non-refundable under any circumstances. Until the amount above said is received by Hero Vired, User will be treated as part of original batch.
- The Learner has 7 days (including holidays and weekends) from the date of deferral request to make the payment of the deferral fee post and difference amount failing which the deferral request will expire, and the User will continue as part of the original batch enrolled with.
- Once the payment is made and deferral is approved, the User’s login in original batch will be disabled, and User will start learning on the new batch from the point of the last assignment that was graded in the deferred batch. All grades and progress till that point will be carried forward as it is to the new batch. For clarification, the grades of the graded assignments will be carried forward, whether or not the User submitted these grading during the initial stage.
- The deferral can only be requested during the terms of the batch for which the Learner has enrolled. If the batch is completed, deferral requests shall not be entertained. For clarification, the batch completion here shall mean the “last grace deadline” as communicated by the Hero Vired team.
8. Communications and user consent
- You understand and agree that our services may include communications related to services, confirmations, cancellations, payments, refunds, schedules, time table, 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 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 alternate communication, detail provided by the User at the time of registration, periodically and as and when required.
- 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 complaint 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. Courses and programs
- The Platform is an electronic medium which provides Users online learning facility where courses or programs are provided to any User in collaboration with our Educational Partners.
- We offer several courses or 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 or course. The courses or programs shall be textual/video materials/exams and/or other components as decided by Hero Vired or our Educational Partners or course providers who offers the course or program.
- The course content is provided in a secure manner and cannot be downloaded or copied by the User and to access the courses or programs and contents you need to access the Learning Management System (“LMS”).
- Once you have enrolled in any courses or programs and subject to receipt of fee by us, we will send you detailed schedule including but not limited to course or program plan, class schedules, assessments, examinations, time period, and accessibility, process of evaluation, certification, assessments and tests, which will govern such course or program.
- Each program or course may have Supplementary Terms and will be governed with such terms in addition to these ToU and any related course or program schedule will be shared with you once you have made full payment of applicable fee.
- We may amend, modify, cancel or reschedule any course or 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 amend, modify, upgrade or alter any course/program content any time. We will notify such changes to you or publish it on our Platform.
- You access to a program or course or completion time will be as per the period specified, in the event you fail to complete your program as per timelines or extensions applicable or course or take any exam during the period of the program, you may be required to pay additional fee or extra charges as per such additional terms.
- Hero Vired will provide you a certificate of completion or participation in any course or program subject to criteria applicable to each course or program.
- Hero Vired may jointly issue any certificate to you as per terms agreed with our Educational Partners.
- Any certificate including degree or diploma 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.
11. User covenants and restrictions
- Users are advised to check and verify the details of the programs, courses, its content, schedules and other terms related thereto before purchasing or enrolling for a course or program available on the Platform.
- User agrees that it shall be bound by the terms of such courses or 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 course or program, User must submit authorization letter of 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:
- 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;
- 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 Hero Vired Platform or remove non-compliant information or both, as the case may be, without incurring any liability.
12. User’s code of conduct
- 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 single 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, a 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.
13. User Content
- 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, nonexclusive, 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 course/program or interaction with you record your comments, feedbacks, observations, video, audio (“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.
- 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, transmits, 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.
14. Forums and communities
- Hero Vired promotes mutual interaction including but not limited to amongst 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, images, testimonials, documents, literary files, posted by you on Hero Vired forums or communities will be subject to restriction under this ToU and shall be publically available. User 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.
15. Consents and events
- 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. User unconditionally consents to such publications.
16. 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 courses or course materials which is prepared in collaboration with our educational partners which includes universities(domestic and international), educational institutions (private or government), government authorities/bodies, enterprises including industry experts, instructors (hereinafter “Educational Partners”)
- If you are participating or have enrolled in any course/program of our Educational Partners, including courses or programs which offers any degree and diploma you acknowledge and agree that your eligibility to participate, your records, performance as for any certification or credits or offering of any degree or diploma shall be solely governed by Educational Partners’ terms, policies and procedures.
17. Trademark and brands
Hero Vired’s names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Platform including in any Materials as defined in 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.
18. 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, courses, 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 an 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.
19. Disclaimer of warranty
- 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, COURSES OR PROGRAMS, INFORMATION, MATERIAL OR CONTENT THAT YOU PURCHASE OR OBTAIN THROUGH OUR PLATFORM WILL MEET YOUR EXPECTATIONS OR (IV) AVAILABILITY OF ANY COURSE/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.
21. Limitation of liability
- 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.
- 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 term 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.
23. Suspension and termination of user accounts
- User may terminate this ToU with Hero Vired, by (i) not accessing the Platform; or (ii) closing Your Account by writing to us at firstname.lastname@example.org.
- 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.
24. Report Fraud
- User 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 email@example.com.
25. Report content
- 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 firstname.lastname@example.org 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.
- 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.
- 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 email@example.com or send by post at our Registered Office: Grievance OfficerHeroX 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 modification 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.
27. Concerns and feedback
- For any concerns, complaints or feedback please write to us at firstname.lastname@example.org. We will promptly look into your concerns and resolve your concerns within prescribed time limit under applicable laws.
28. 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. 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.
Name: Amit Pandey
Email ID: email@example.com
5th floor, 503, Rectangle 1, D-4,
Saket District Centre,
New Delhi – 110017
Effective Date: 13 April 2021