To ensure that anyone submitting a proposal to [www.tatainnoverse.com] in response to a challenge posted on this Site, understands
(a) the kind of information that could be submitted and
(b) how that information will be used
We have prepared these terms and conditions [the “Terms and Conditions”] to protect all parties involved in the process. All users need to agree to be bound by these Terms and Conditions in order to register on the Tata Innoverse portal.
For more information of a non-binding nature please see FAQs [https://www.tatainnoverse.com/footer_link/page/2/MTMw] on this Site.
Please note that users cannot access the Tata Innoverse portal without being registered.
Terms and Conditions
Agreement between user And Group Technology & Innovation Office, Tata Sons Limited
You will have indicated your unconditional acceptance by:
- Accessing or using this Site or a part thereof
- Your acting upon any invitation or scheme provided in the Web Site, in which case the special terms and conditions [“Additional Conditions”] attached to such invitation or scheme would apply in addition to these Terms and Conditions. In the event that any of the terms and conditions, contained herein conflict with the additional conditions contained within any particular scheme or invitation, then the additional conditions shall control
We reserve the right to change the terms, conditions, and notices under which this Site is offered, and we may seek fees and charges for access and use thereof. Therefore, you agree to regularly review these terms and conditions to know and understand the terms and conditions applicable at the relevant point of time.
How you could use the Site; also Restrictions and Limitations.
Unless otherwise specified, this Site is offered:
- For your personal and non-commercial use
- Without any right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services or other work available, displayed or accessible on this Site
- Subject to the special conditions mentioned herein, from time to time and/or related to specific materials herein, without any right to display, electronically copy, download and print hard copy portions of such specific materials on this Site. Or to respond to schemes or requests on this Site
You agree not to engage in:
- Illegal acts including, without limitation, impersonation, hacking, phishing or any other acts which could hinder the use or access of the [www.tatainnoverse.com] website by its users or which could lead to damage to the data, property or assets of any person
- Harassment in any manner or form on this Site
- Uploading any content that could be considered to be deceptive, misleading, abusive, offensive, illegal, defamatory, obscene, fraudulent, libellous, threatening, invasive of privacy or publicity rights or otherwise objectionable or is or is likely to be in violation of any law or to infringe the rights [including intellectual property rights] of another person or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability
- Uploading commercial content on this Site or using this Site to solicit others to join or become members of any other commercial online service or other organization
- Accessing or using the Site if you are a minor (those under 18 years of age, or otherwise under applicable law), or an individual or an organization that cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the India or its citizens, you may not use this Site
Intellectual Property Rights [IPR]
- All content in this Site, such as text, design, graphics, graphical or other interfaces, or diagrams is copyrighted work that belongs solely and exclusively to GTIO or its licensors. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of GTIO or its licensors
- The URL link of this website could be shared by the users
- Notice of any alleged IPR infringement or other IPR related issues should be sent to GTIO at firstname.lastname@example.org
User Responsibilities and acknowledgements:
User acknowledges and agrees that:
- Any information or material posted on or provided to this Site by a User will be considered as non-confidential. GTIO will be free to use, copy, share, publish, distribute or otherwise deal with such information or materials for the purposes of (a) evaluating the information and material for the purposes of selection of the most suitable proposal for award of prizes as announced on the Site; and (b) sharing the information and material with third parties for the purpose mentioned above. GTIO owes no fiduciary duty (including any duty of fair use or diligence) towards any User with respect to use of information or materials posted by the Users on the Site, except as otherwise specified in these terms and conditions and hereby disclaims any liability in this connection
- You shall be responsible for the security of the password allotted to you or otherwise used by you for accessing this website and We accept no responsibility for any misuse of your password by any person
- GTIO cannot and does not control or review postings and communications to or on this Site and hence cannot be held responsible for these. Hence, each User is alone responsible for the content posted or sent to this Site. GTIO, however, does reserve the right, to block or remove or edit or mask such content if it deems such content to be deceptive, misleading, abusive, offensive, defamatory, obscene, or fraudulent, or is likely to violate any law or infringe the rights [including intellectual property rights] of another
- Links to third-party sites, if any, on this Site do not belong to GTIO and such sites are not controlled or endorsed by [and may not be affiliated to] GTIO. User agrees to use or access such sites at their own risk and to abide by any terms and conditions and policies of such sites
- GTIO makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site to which a link is provided on this Site
- Your Responsibility to Avoid Obstacles. Tata Innoverse needs to know that if you solve the Tata Innoverse Challenge there will not be any legal obstacles to completing the non-exclusive license of your rights to Tata Innoverse, which is the only way that you can receive the Award. You agree to be responsible for avoiding obstacles to licensing all Intellectual Property and Work Product (altogether, the "Solution IP") if you submit a Proposed Solution chosen as a winning Solution. You will not receive an Award if you cannot license the Solution IP on the terms set forth for any challenge and any other terms established by Seeker in the Solution Acceptance Criteria
- Your Guarantee. You agree that if and when the time comes to license the Solution IP, you will give a guarantee (the "Guarantee") that the license is lawful in exchange for the one-time payment of the Award to you alone, and that no consents, approvals or contracts that you did not already have before starting the Tata Innoverse Challenge are necessary from or with anyone else, such as:
- Your employer;
- Any former employer or other entity you are or have been associated with or have a contract with regarding Intellectual Property you develop that would impede the grant of the license to Seeker;
- Anyone collaborating with you on the development of the Solution IP;
- Anyone else whose Intellectual Property you use or incorporate in the Solution IP;
- Any government official, regulatory body or other authority (for example, if any of the Solution IP is within the scope of a technology export control law in your country prohibiting its transfer to Tata Innoverse in the United States, or if the required licenses of the Solution IP are otherwise subject to public registration, review and/or approval)
- The holder of any lien (for example, if a bank or other creditor has obtained a mortgage or security interest in any of the Solution IP);
- Anyone who may be entitled to royalties or other payments relating to any of the Solution IP either by law or contract
- Your Responsibility to Protect Potential Solution IP. In order to be eligible for an Award, during the period from when you begin work on the Tata Innoverse Challenge until the expiration of the Time Period as set forth in the Challenge Statement, you shall not:
- Grant away any rights in the Work Product or Proposed Solution you are developing ("Potential Solution IP"), or do anything else that would prevent you from granting the Option for a mutually agreed time period;
- Reveal to any third party, except on terms of strict confidentiality, any information that relates to Potential Solution IP or do anything else likely to impair any of the Potential Solution IP; or
- Do anything that would cause the failure of your Guarantee
- Acceptance of Proposed Solution and Grant of License in Intellectual Property
- Acceptance. Tata Innoverse will notify you within a reasonable period of time after the Deadline and before the termination of the mutually agreed Mutually agreed Exclusivity Period whether a Seeker accepts your Proposed Solution and wishes to exercise an Option ("Acceptance"). For purposes of this Agreement, "Acceptance" shall mean the selection of your Proposed Solution by the Seeker as meeting the Solution Acceptance Criteria as set forth in the Tata Innoverse Challenge Statements. The Seeker has absolute and sole discretion to determine whether to Accept your Proposed Solution, or any Proposed Solution, and whether to make an Award, multiple Awards or any Award. Solver acknowledges and agrees that Tata Innoverse is not responsible for and has no liability for selection of a winning solver, if any. Solver further agrees to hold Tata Innoverse legally harmless in regard to selection of a winning solver, if any. Solver agrees to hold Tata Innoverse legally harmless for any advice it may provide as to the quality or suitability of submitted solutions and agrees to waive any claim against Tata Innoverse for Solver's failure to win an award. The meeting of the Solution Acceptance Criteria does not mean that the Proposed Solution will be Accepted by a Seeker. In the event that your Proposed Solution is not Accepted within the Mutually agreed Exclusivity Period, the Exclusive Option Rights will terminate without further notice to you
- License. Upon Acceptance of your Proposed Solution by a Seeker and payment of an Award to you (see "Payments"), you hereby assign and convey to Tata Innoverse a non-exclusive, worldwide, unlimited, perpetual, and irrevocable license to use, make, have made, market, copy, modify, lease, sell, distribute, and create derivative works of the Proposed Solution and any Work Product that are related to the Tata Innoverse Challenge. If you utilize any processes in development of the Work Product which are the subject of patent rights owned by you, you agree to grant to Tata Innoverse a worldwide, non-exclusive, perpetual, royalty-free right and license to practice any patented processes used in the Work Product, including the right to assign the foregoing license to Seekers. Furthermore, you agree that you will, during the term of this Agreement and at any time thereafter, execute all papers and do all things deemed necessary by Tata Innoverse or a Seeker to ensure that Tata Innoverse and the Seeker acquires the licenses and rights set forth in this agreement. Such cooperation and execution shall be performed without additional compensation to you. Upon payment of the Award, or termination of the Exclusive Option Rights for any reason, there will be no further obligations between you and Tata Innoverse or the Seeker with respect to the Proposed Solution, the Work Product, or the Tata Innoverse Challenge, except for the limitations on use and disclosure described under "Confidentiality"
- Transfers. The transfers of the non-exclusive license of Solution IP and the Award or any Revised Award Amount (as determined by Seeker) will be as follows:
- Your grant of the non-exclusive license of the Solution IP will be to Tata Innoverse as agent for the Seeker. The non-exclusive license of the Solution IP will be transferred to the Seeker upon the occurrence of (a) the completion of Tata Innoverse's verification of you; (b) the Seeker's payment of the Award to Tata Innoverse; and (c) the Seeker's payment of any other fees of Tata Innoverse pursuant to the separate agreement between Seeker and Tata Innoverse
- The Seeker's payment of the Award will be to Tata Innoverse as agent for you. The Award will be transferred to you as soon as payment is due to you
- Payments. If a Seeker Accepts your Proposed Solution, the payment amount (called an "Award") specified in the Tata Innoverse Challenge posted on the Service by a Seeker (or, in the case of partial payments of Awards, a "Revised Award Amount", if applicable) shall be paid to you by Tata Innoverse within a mutually agreed timeframe and after occurrence of each of the following: 1) you are notified by Tata Innoverse of your Proposed Solution’s Acceptance, and 2) the completion of certain verification procedures by Tata Innoverse, and review and acceptance of such results by Seeker, and 3) Tata Innoverse’s receipt of Award payment from the Seeker. Payment of any Award is conditioned upon your cooperation with Tata Innoverse's verification procedures. The Award will be paid to you locally, in Indian Rupees, or if required by your local law, in your local currency equivalent based on the foreign exchange rate in effect on the date of the disbursement by Tata Innoverse. Tata Innoverse is not responsible for payment of any Award, or any part of any Award, to any party other than to the Solver through whom the Proposed Solution was submitted to the Service. You understand that the Award represents a complete payment, net of any local taxes that Tata Innoverse may be required to withhold, for any Accepted Proposed Solution and that you are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Awards shall be your sole responsibility
- GTIO is only acting as a facilitator for the challenges which would be posted for and on behalf of other companies and therefore, you acknowledge that GTIO shall not have any liability towards any User in any manner whatsoever
- You undertake that all content (including any files or other documents) that you upload on the [www.tatainnoverse.com] website shall be free of viruses or other harmful content and no information/material/document which is provided by you on this website or otherwise to GTIO or any of its affiliate in relation to a challenge posted on this Site, shall: (i) breach any third party right including intellectual property rights and/or confidentiality obligation; and (ii) breach export control laws of any relevant jurisdiction. You also undertake that you will not provide any information which you are prohibited/restricted from disclosing (whether under law, contract or otherwise) and the all information provided by you will be capable of being used by GTIO and the relevant Tata operating companies pursuant to /under the challenge posted on the Site
- GTIO will not be under any obligation to inform the Users if their proposal is not accepted or to disclose the reasons for rejection. The decision of GTIO on all aspects concerning the relevant challenge shall be final and binding on the User. The User hereby agrees not to make any claims against GTIO in relation to any grievances or complaints with regard to the decisions of GTIO
FOR MORE INFORMATION PLEASE READ THE NON BINDING FAQs AT [https://www.tatainnoverse.com/footer_link/page/2/MTMw] AND IN PARTICULAR PLEASE NOTE THE FOLLOWING LINKS THAT PROVIDE INFORMATION OF INTEREST TO YOU
a. To know more about how your proposed solution will be treated by seeker please read the items 8, 9 & 10 of the said FAQs
b. In particular, please note items 5 and 7 that indicate the state-of-readiness that is expected for any solution proposed.
c. Conditions related to non-confidentiality and protection, if any, for your proposed solutions are at item 6 and 10 of the said FAQs
d. Information as to how the company that presents the challenge may engage with you is at item 8 and 13 of the said FAQs
e. Information related to possible engagement if your proposed solution is not protected by a patent or not the subject of a patent application is at item 18 of the said FAQs
f. Information about norms for possible awards are at item 17 of the said FAQs
You agree to indemnify, defend, and hold harmless Tata Sons Ltd, its officers, directors, employees, agents, licensors and suppliers, other users of the [www.tatainnoverse.com] website (collectively the "Indemnified persons") from and against all losses, expenses, damages and costs, that may be suffered by the indemnified persons, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) or any third party claim/action/proceedings including but not limited to those relating to breach of intellectual property rights or confidentiality, by You or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of India, without regard to conflict of laws principles thereof.
GTIO makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside India do so on their own initiative and are responsible for compliance with applicable local/country laws. You may not use or export the materials in violation of applicable export laws and regulations. Any claim relating to the materials shall be governed by the laws of India.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration. These terms and conditions, or any of them, may be modified or terminated by GTIO without notice at any time for any reason. The provisions relating to Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
By using this Site, you agree that any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, shall be finally resolved by reference to final and binding arbitration by the sole arbitrator to be appointed by Tata Sons Ltd. The seat of arbitration shall be in Mumbai, India. The arbitration proceedings shall be conducted in the English language only.
Nothing above shall restrict Tata Sons Ltd. from approaching any court of competent jurisdiction for any interim relief or protection in connection with any dispute arising out of or in connection with these terms and conditions.
Subject to the preceding paragraphs, you agree that the courts at Mumbai shall have exclusive jurisdiction to admit and adjudicate upon any disputes arising out of or in connection with these terms and conditions.
No information on this site shall constitute any invitation to invest in any Tata company.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GTIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GTIO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GTIO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL TATA SONS OR ANY AFFILIATES OF TATA SONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THEY HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.