Design Impact Movement
TERMS OF USE

This Website is owned and operated by Titan Company Limited (henceforth referred as "Titan Company Limited" or "Titan" or “Company” or "we" or "us" or "our", which expression shall include our successors and assigns) having its registered office at No. 3, SIPCOT Industrial Complex, Hosur-635126, and its corporate office at Titan Company Limited, 'INTEGRITY', No. 193 Veerasandra, Electronics City P.O., Off Hosur Main Road, Bangalore - 560100, Karnataka, India.

In using the services provided by our www.designimpactmovement.titan.in (“Website”) you are deemed to have accepted the Terms listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such Terms till the time you access this Website.

By way of usage of this Website and its features and services or participation in the Program, you shall be accepting these Terms unequivocally and unconditionally in their entirety. If you do not agree to these Terms, do not use this Website or download any materials from this Website. You agree that, the terms and conditions contained herein form an agreement regulating our relationship with regard to your use of Website and your participation in Program ("Terms"). You are advised to read the Terms carefully. 

TERMS OF USE

The "DESIGN IMPACT MOVEMENT" (hereinafter referred to as "Program") is being organized by Titan.  Participation in this Program by you (“Participant”/ “you”/ “your”) is voluntary and is subject to these Terms and Titan’s discretion.

Nothing in these terms and conditions shall be deemed to confer any rights or benefits to a third party. The disclosures made by you on this Website and in the form are true and correct and can be relied upon by the Company for the purposes of evaluating the participants.

The application criteria / conditions/ process for enrolment in the Program in detail are contained in Frequently Asked Questions ("FAQ") on Website. For details in relation to the Program, please refer to the FAQs. 

1.  ELIGIBILITY

1.1 If you are below 18 years of age, you are prohibited to use/contract from or with this Website and are not eligible to participate in this Program. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use this Website or participate in the Program.

1.2 This Program is open to all who are eligible and who choose to participate by signing up on the Website.

1.3 Titan shall have sole discretion and final authority to adjudge the eligibility of participants. 

2. GENERAL TERMS 

2.1  Design Impact Movement is a platform where Participants are invited to experience a design movement right from problem definition to ideation to prototyping in areas of agriculture, livelihood and environment and such other fields as the Company may choose to introduce. 

2.2 This Program is valid only in territory of India.

2.3 For participation in the Program, you shall be required to sign up on the Website. Upon signing up on the Website, you will be eligible to participate in various activities available and will provide access curated problem statements in order to enable you submit problem definition. 

2.4 You shall submit your idea after filling the submission form i.e., (by filling in current, complete and accurate information as prompted by the submission form) 

2.5 The final prototype submitted will be evaluated by judge(s)/panel of experts appointed by the Company at its sole discretion. The decision of the judges/panel of experts shall be final and binding and no communication in this regard shall be entertained. The selected Participants will be introduced to incubations. 

2.6 Company may, at its discretion and on a best effort basis, conduct outreach events and immersion events for the benefit of the Participants. 

2.7 You, by accessing this Website, represent and warrant that, disclosures made and details submitted by you for the purposes of entering / participating in the selection process of Programs are true and correct. Inaccurate data or information provided or false representation discovered at any stage of the Program may result in disqualification of your participation in the Program, which shall be decided by Company at its sole discretion and the Company’s decision shall be final and binding and no communication in this regard shall be entertained.  

2.8 You may be disqualified from participating in Program if you face/have faced criminal conviction at any time or if you are found to be in non-conformance of these Terms.

2.9 Company shall not be liable in any manner whatsoever as a consequence of discovery of misrepresentation or falsity in submission of information/details/ disclosures by the participant at any stage whether when the process of Program is on or after Program. Company shall not be responsible for any civil or criminal liability incurred by you due to breach of any of Terms of Use or misuse of Website.

2.10  You agree and acknowledge that the Company shall not be responsible for any loss or damage suffered by you.

2.11 Company owns the Website. Company owns and has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, videos, software and other contents of the Website, and all HTML, CGI and other code and scripts in any format used in the implementation of Website. The content and code of the Website are protected by copyright. 

3. PARTICIPANT'S OBLIGATIONS

3.1 You shall always abide by these Terms neither violate nor facilitate any violations of the Terms of Use mentioned herein.

3.2 You shall not use Website to do anything unlawful, misleading, malicious, or discriminatory.

3.3 Unless otherwise specified or as provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the materials and you shall not use or facilitate the use of this Website or any materials in connection with any infringement analysis concerning Company products. You may not use the content or code from the Website for any purpose other than those set forth herein. All names, logos and trademarks which appear on the Website are the property of the Company. You may not use them in any manner whatsoever or in any other way without the prior express written permission from Company. Your failure to comply with these terms will violate Company's copyright, trademark and other proprietary and intellectual property rights and will constitute a breach of contract. 

3.4 You shall not upload, or otherwise transmit any content, matter, views or messages that are defamatory, abusive, vulgar, pervasive, obscene, libelous, tortuous, hateful, threatening or harassing, affect national interest, incites violence, hurts someone’s sentiments, invasive of another's privacy, infringing another person's copyrights or any other intellectual property rights, or are racially, ethnically or otherwise objectionable. You shall not send or otherwise post unauthorized commercial communications, containing tobacco/ alcohol or other banned substance or other mature content (including advertisements) on Website.

3.5 The participants at the request of Company (which request is binding in nature), may be required to complete other necessary formalities for the Program.

3.6  You further agree and assure the Company, that you shall not:

i. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, symbol, logo, copyright or other Intellectual property rights ("Rights") of the Company or any party

ii.  Use the Website in any manner that could damage, disable, overburden, or impair it and you agree not to undertake any action which is harmful or potentially harmful to any Company's server, or the network(s), computer systems / resource connected to any Company server, or which interferes with any other party's use and enjoyment of Website;

iii. obtain or attempt to obtain any materials or information through any means not intentionally made available through Website;

iv. perform any activity which is likely to cause harm;

v.  carry out any "denial of service" (DoS) or any other harmful attacks on portal or internet service or;

vi. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to restricted area;

vii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Website.

i. Impersonate any person or entity, including, but not limited to, Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities.

ii. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

iii. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

iv. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other relative equipment’s of the Company;

v. Use the Website or materials in any manner that could damage, disable, overburden, or impair any Intel server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or materials or interfere with any other party's use and enjoyment of the Websites or materials thereto;

vi. Attempt to gain unauthorized access to any material, other accounts, computer systems or networks connected to any Company server or materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or materials; You shall not Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and/or

3.7 You understand that, the Website does not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your content and consequences of submitting content on Website. You affirm and represent that you own content or have relevant legal rights to use such content which you submit on Website.

3.8 You further agree that, content you submit shall not contain, in whole or in part, any third party copyrighted material or material that is subject to other third party proprietary rights.

3.9  You further agree and assure to Company, that you shall not host, display, upload, modify, publish, transmit, update or share any information that — 

    i. belongs to another person and to which the user does not have any right to; 

    ii.  is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 

    iii. harm minors in any way;

    iv. infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; 

    v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    vi.  impersonate another person; 

    vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

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

4. SITE SECURITY 

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation:

    i. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.

    ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

    iii. Attempting to interfere with service to any other user, host or network , including , without limitation via means of submitting a virus to the site, overloading, flooding, spamming, mail-bombing or crashing.

    iv. Sending unsolicited email, including promotions and or advertising of products or services;

    v. Forging any TCP / IP packet header or any part of the header information in any email or newsgroup, posting violations of system or network security may result in civil or criminal liability. Titan will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g. Microsoft Explorer, Google Chrome, Mozilla Firefox).

5. PRIVACY POLICY 

You are requested to carefully read all the terms and conditions of the Privacy Policy. All the Terms and conditions of our Privacy Policy shall be applicable to you and you agree to the same. 

6.  GRANT OF RIGHT

6.1  You shall continue to own all intellectual property rights in content uploaded by you, however you hereby unequivocally and irrevocably license to Company and its affiliates all rights to use content posted by you or your trade name / organizational name / logo etc. for any publicity, advertising and promotional purposes of Company for perpetuity.

6.2 You shall seek prior permission of Company before using in any manner whatsoever the name or logo or Intellectual Property Rights of Company whether with regard to Program or otherwise. Any violation of this shall result in infringement action by Company against you.

7.  COMPANY'S RIGHTS

7.1 Company reserves the right to modify these Terms of Use, at its sole discretion and without notice to you, for any reason whatsoever, and such modifications shall be published by Company on Website from time to time and you unequivocally agree to be bound by these modifications or revisions.

7.2 Company also reserves the rights to change mode, method of the Program at any time during the evaluation of the participants for deciding / selecting participants for incubation. Participants shall abide by the decision of Company/Jury/Judges and shall not have the right to question the conduct/ process/outcome or decision of Company/Jury/judges whether in Courts or elsewhere.

7.3 Company shall have the right to use the information/details/disclosures submitted by the participants as a part of Program process or for the purposes of publicity, media coverage, etc.

7.4  Confidentiality / privacy of communication are subject to statutory, government regulations and Terms mentioned herein. You specifically agree that, in order to facilitate or host content/ carry out the Program, the Company may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise, including but not limited to any security agency, and reserves the right to comply with the directions of such authorities at its sole discretion and without intimating you. If the Company believes in its sole discretion that, any content may create liability for Company, Company may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of user information.

7.5 If Company in its sole discretion determines that a violation of Terms of Use has occurred, Company may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material/content from Website. Company could also pursue such user(s)/participants with claims that they have violated various criminal or civil law provisions as applicable under the relevant law of the land. Company will cooperate with any investigation by any Central /State/local body or any Court having the competence to carry out the same. Such cooperation may be without notice to the Participants.

7.6 In addition to what is stated in the Privacy Policy, the Company may disclose your information and personal data to third parties listed below:

            7.6.1 Company’s subsidiaries and affiliates;

            7.6.2 Contractors and service providers the Company uses to support its business                           and its Website, i.e. technical support, officials, retailers, etc.

            7.6.3 When required by applicable laws or Court orders, or required by any                                     authorities Company may disclose your information and personal data.

7.7 Protecting your information and personal data is of primary concern to the Company. The information and personal data that is collected is stored on secure servers and Company otherwise takes reasonable precautions to protect it. However, Company cannot warrant and does not represent that, the level of security meets or exceeds any specific standards. No internet transmission is 100% secure, nor is the stored data free from vulnerabilities. The Company cannot guarantee the security of the Website, databases or services, nor can Company guarantee that the personal information you supply will not be intercepted while being transmitted over the internet. Company is not responsible for the actions of third parties.

8. DISCLAIMER OF WARRANTIES

8.1 You understand and agree that Company shall carry out Program on an 'as-is' 'with all faults' and 'as available' basis. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement of intellectual property are disclaimed and excluded.

8.2 No representations, warranties or guarantees whatsoever are made by Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that Program process will be uninterrupted, timely, secure, or error-free; (c) that the quality of any services, content, information, or other material on Website will meet your expectations or requirements; or (d) that any errors in Website will be corrected.

8.3 You agree that your participation in Program by signing up and use of Website shall be at your sole risk. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with Program and your use of Website thereof.

8.4 Company make no warranties or representations about the accuracy or completeness of this Website or its use or the content or use of any Websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your accessing Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Website.

8.5  Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Website or any hyperlinked services or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution where appropriate.

 

9. LIMITATION OF LIABILITY

9.1  In no event shall Company its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Website (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Website (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Website (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

9.2 You specifically acknowledge that Company shall not be liable for content submitted by you or the related defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9.3 Events for the Program on Website are being organized by Company from its facilities in India and Company makes no representations that, events as on Website are appropriate or available for participation in other locations/ jurisdictions/countries apart from India. Those who access or use Website from other jurisdictions/ locations countries do so at their own volition and are responsible for compliance with their local applicable laws.

10.  INDEMNITY

10.1  Any violation of these Terms of Use or misrepresentation or misuse of Website shall under no circumstances be attributed to Company and you shall be solely responsible for all such acts. You hereby agree to indemnify and hold Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of Website or by virtue of your participation in Program or with regard to content submitted by you (including but not limited to the display of such your information on Website) or breach of Warranties or any of Terms of Use or misrepresentation.

10.2 You hereby further agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to the information provided by you or content uploaded by you or any submissions made by you.

11. RELEASE

You hereby agree and undertake not to hold Company and/or or any of its group entities or affiliates, their respective directors, officers, employees, agents, vendors, franchisee’s responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that you may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of signing for or participation in Program.

12.  REVIEWS, FEEDBACK, SUBMISSION

12.1 All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this Website will be and remain the property of Company. Such disclosure, submission or offer of any comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. 

12.2 Thus, Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise of any comments. Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Company will be under no obligation 

    a. To maintain any comments in confidence 

    b. To pay you any compensation for any comments 

    c. To respond to any comments 

 

12.3 You agree and confirm that any comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You further agree that no comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of spam.

 

12.4 Company does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to this Website. You grant Titan the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you further agree to keep indemnified Company and its affiliates for all claims resulting from any comments submitted by you. Company and its affiliates are not responsible nor assume any liability for any comments submitted by you or any third party.

 

13. MISCELLANEOUS TERMS

    a. Relationship

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any manner, whatsoever. The relationship between you and Company shall be on principal-to-principal basis. These Terms are solely for your and Company's benefit and not for the benefit of any other person, except for permitted successors and assigns under these Terms.

    b.  Assignment

You may not transfer to anyone else, either temporarily or permanently, any rights to your application or submission for the purposes of entering into Program. Any attempt by you to do so shall not be acceptable to Company & shall result in your disqualification from Program.

    c. Severability

If any provision of these Terms of Use is declared null and void, or is of no force and effect for any reason, such determination shall not affect any other provisions of these Terms of Use and all other provisions shall remain in full force and effect.

    d. Force Majeure

Company shall not incur any liability for any interruption or delay of access to Website due to a Force Majeure Event. For the purposes of this clause, 'Force Majeure Event' means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of Company and which causes or results in default or delay in performance by Company of any of its obligations under these Terms of Use, and includes an act of God, war, hostilities, civil commotion, strikes, lockouts, other industrial disputes etc.

    e. Applicable Law & Jurisdiction

These Terms of Use shall be governed by the laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under these Terms of Use.

    f.  Survival

Rights and obligations under Terms which by their nature should survive will remain in full effect after termination or expiration or completion of Program.

    g. Non Waiver

Any express waiver or failure to exercise promptly any right will not create a continuing waiver or any expectation of non-enforcement.

    h. Grievances

If you have any questions, comments or concerns about these Terms of Use or any content that is uploaded on the Website, you may send a notice to the grievance officer (mentioned below), in writing or by e-mail.

dimsupport[at]titan.co.in