IPR Policy of HeroX Private Limited

INTELLECTUAL PROPERTY RIGHTS POLICY (“IPR Policy)

This IPR Policy, in addition to Terms of Use, including all other notices, disclaimers, policies, contracts, guidelines, or code of conduct appearing on the Platform or any different interface and/or documents, governs access and use of intellectual properties of HeroX Private Limited (hereinafter to be referred as “Hero Vired” for brevity sake), including but not limited to the copyright, trademarks, patents, trade secrets, logo, design, or any other form of intellectual properties by learners, staff members, employees, consultants, faculties of Hero Vired or anyone including vendors and others who interacts with Hero Vired Platform internal or external members (hereinafter “End Consumer”) for services and products offered by Hero Vired and/or other activities incidental thereto.

This IPR Policy is an integral part of the Terms of Use and Privacy Policy, and all capitalized terms used, but not otherwise defined herein, shall have the respective meanings as ascribed to them in Terms of Use.

  1. INTRODUCTION

    1. Hero Vired is an Ed-tech company providing online learning materials focused on entrepreneurship, employability, industry-relevant programs, experiential instruction, and outcome-based learning. The materials or any other scholarly product of Hero Vired have far-reaching social and commercial benefits. We are committed to ensuring that each learner has the best course material. Therefore, we focus day in and day out on developing exceptional, unique, or novel material and other related services to enhance and upgrade the knowledge and skill of our learners.
    2. Intellectual Property (“IP”) is one of our most important valuable assets as we rely on IPs to give our learners the most premium services developed by a talented and committed pool of faculties, consultants, and advisors, distinguishing us from all other ed-tech organizations. IP aids usin being competitive, allows us to fund future success, and secures various employments. Hero Vired has an effective IPR Policy to maintain absolute clarity on IPR-related issues such as ownership, rights, and obligations of concerned persons, and the resolution of IP-related issues strategically. This IPR Policy also provides protection and management of its IP internally and with its business partners. Hero Vired also understands and appreciates the value of IP of others andconducts its business in compliance with the IP laws, i.e., Copyrights Act, 1957; Trade Marks Act, 1999; Patents Act, 1970; Design Act, 2000; and other laws as applicable in India.
    3. Before using Hero Vired’s IP, including but not limited to the Copyrighted/copyrightable Content of Hero Vired, the End Consumer shall compulsorily read and understand this IPR Policy and, by accessing such Content and IP, shall be deemed to have accepted this IPR Policy as a binding document that governs End Consumer’s dealings with Hero Vired’s IP.
    4. This document is an electronic record in terms of the Information Technology Act, 2000, and rules framed thereunder as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. A computer system generates this electronic record and does not require any physical or digital signatures.

  2. PURPOSE

    1. Hero Vired has adopted this IPR Policy to protect its IPs and to check and control the possibility of infringement of its IPs by End Customers. This Policy intends to facilitate the widespread use of Hero Vired’s IP. This Policy seeks to set the framework for protecting the IPs of Hero Vired. This IPR Policy also aims to:
      1. Protect the IPs generated by Hero Vired or any third party for and on behalf of Hero Vired;
      2. Promote and encourage the development of industry-relevant course materials;
      3. Create a conducive environment in Hero Vired for the development of IPs;
      4. Maintain an effective system of IPs asset management;
      5. Confirm that any IP of Hero Vired is not exploited for economic or non-economic benefits without proper written authorization/license to use by Hero Vired;
      6. Provide legal support, wherever necessary, to defend and protect the IPR acquired by Hero Vired; and
      7. Enhance the reputation of Hero Vired as an online learning platform in the industry.

  3. DEFINITIONS

    1. “Copyright Content/Copyrighted Content/Copyrightable Content” shall mean all the contents, features and functionality, course materials, video content, learners’ interface(s), information, design, software, text, displays, graphics, images, audio recordings, any updates or modifications, changes thereto including any new Content uploaded from time to time on the technology platform/this website of Hero Vired and are owned,controlled and managed by Hero Vired and/or its licensors and are protected by applicable laws.
    2. "Intellectual Property" or "IP" shall mean and include ideas, concepts, creations, discoveries, inventions, patents, trademarks, trade secrets, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, works of authorship, flowcharts, drawings, books, papers, models, sketches, literary or artistic works, formulas, proprietary techniques, research projects, Content, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, audio lectures, video lectures, memoranda, notes, user guides, in either printed or machine-readable form, Materials, content on the Platform whether or not copyrightable or patentable or protectable under any other Intellectual Property law, or any written or verbal instructions or comments.
    3. "Intellectual Property Rights" or "IPR" shall mean and include: (i) all rights, title, and interest under any statute or applicable law, including patent rights; copyrights, including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions, andgrants in connection therewith; (iii) applications for any of the foregoing and the rightto apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in the Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
    4. “Interface or Interfaces(s)” shall mean this website(s), including but not limited to all digital interfaces of Hero Vired with respect to all external and internal users or whosoever interacts thereto, including but not limited to the learning technology platform of HeroVired.

  4. APPLICABILITY AND TERM

    1. This IPR Policy is applicable to End Consumers who have established a relationship with Hero Vired directly or indirectly through Interface or otherwise pursuant to the provision of law, agreement, or any other arrangement. Some of the IPs may be subject to additional terms (“Supplementary Terms”). In the event of an inconsistency between this IPR Policy and Supplementary Terms, the Supplementary Terms shall control and prevail to the extent of the conflict.
    2. This IPR Policy is effective from the date of your use of Hero Vired’s Interfaces and survives termination or cessation of End Customer relationship with Hero Vired.

  5. OWNERSHIP

    1. The End Consumer understands and acknowledges that IPR in Material, Platform, Interface, and Copyright Content, including VLearn and related services thereof, is owned, managed, and controlled by Hero Vired and/or its licensors. Hero Vired shall have valid rights, permission, or authority to use, create, distribute, and promote the same worldwide in perpetuity.
    2. The grant of a limited license to use the IP does not confer upon the End Consumer any right or interest in any IP of Hero Vired.

  6. WORK BY THIRD PARTY

    1. With regard to IP created, generated, developed, or designed in collaboration with a third party, IP ownership shall be determined as per the terms and conditions in the agreement signed between the concerned parties.
    2. In the absence of any specific agreement between Hero Vired and the concerned third party who created, generated, developed, or designed IP in the service of Hero Vired, the ownership shall vest in Hero Vired. Hero Vired shall have an exclusive, royalty-free, irrevocable right to use, distribute or publish such IP.
    3. Any IP generated or created by any End Consumer using the IP of Hero Vired shall, for all times, be deemed as the property of Hero Vired unless expressly waived by Hero Vired in writing.

  7. GRANT OF LICENSE TO USE AND DO’S AND DON’T’S FOR END CONSUMER

    1. Hero Vired grants the End Consumer a limited, non-exclusive, non-transferable, and non-licensable/non-assignable license to use the IP, including Platform, Copyright Content, or Interface, solely for the purposes prescribed in Terms of Use. All Material or any other content on the Platform is provided for personal, noncommercial, educational, and informative use.
    2. End Consumer shall not directly or indirectly use or exploit any IP which may cause business opportunity loss or reputation loss to the Hero Vired.
    3. End Consumer shall not copy, broadcast, distribute, download, store, transmit, create adaptive work, plagiarize, combine, or use the IP of Hero Vired to create similar intellectual property, including but not limited to Material or content available on the software/Platform.
    4. End Consumers shall help Hero Vired identify third-party who are misusing, abusing, or exploiting the IP of Hero Vired without valid written authorization and cooperate with Hero Vired in taking preventive actions and remedial measures.
    5. The platform may contain content belonging to a third party or links to third-party websites not owned or controlled by Hero Vired. All third-party content or links are available on the Interfaces; their use and access shall be governed by the terms and conditions of such third parties.
    6. The End Consumers shall ensure that the IP of Hero Vired is not commercialized for personal gains, whether directly or indirectly.
    7. End Consumers shall further ensure that they understand and observe their responsibilities in compliance with this IPR Policy in true letters and spirit.
    8. End Consumers shall not engage in any activity which will prejudice or harm the IPR of Hero Vired, its ownership, or interest thereof, in any way whatsoever.

  8. MONITORING

    1. Hero Vired has incorporated an effective compliance cell (“Cell”), which is the custodian of all Intellectual Properties. The said Cell shall be responsible for overseeing theimplementation of the IPR Policy.
    2. The Cell maintains a proper record of all Hero Vired’s IPs assets and footprints thereof.
    3. The Cell may suggest changes in the IPR Policy or new policies as and when deemed necessary. Whenever required by any End Consumer, the Cell shall clarify the provisions of this IPR Policy to the End Consumer.

    The Cell also monitors the activities of the End Consumers to ensure that there is no infringement of the intellectual property of Hero Vired. In the event of infringements of the IPR of Hero Vired by any End Consumer, Hero Vired may seek the opinion of Cell on the appropriate actions to be taken against such erring End Consumers.

  9. PENALTIES

    1. In the event a dispute or difference arises in connection with this IPR Policy, the concerned End Consumer and Hero Vired shall attempt in the first instance to amicably resolve such dispute through mutual consultations.
    2. If the dispute is not resolved within 30 (thirty) days from the date of commencement of discussions, then the parties shall have the right to submit all disputes and differences arising out of or in connection with this Policy within the court of competent jurisdiction in Delhi, which shall have exclusive jurisdiction. This IPR Policy shall be governed by and construed in accordance with the laws of India.
    3. End Consumer agrees and acknowledges that the remedy at law for any breach or violation of this Policy may not be sufficient. A breach may cause continuing and irreparable loss, harm, or damage to Hero Vired. Therefore, Hero Vired shall be entitled to obtain injunctive relief or any other restraining or appropriate order against the concerned End Consumer in the event of a breach or anticipated breach of this Policy, including but not limited to suspension of his/her access, withholding scholarships and any other action as it may deem necessary.
    4. All third-party content available on the Interfaces of Hero Vired is proprietary of such party, and infringement, abuse, or misuse thereof will entitle such party to initiate action against the defaulter jointly with Hero Vired or independently.

  10. AMENDMENTS

    This IPR Policy is subject to amendment and modifications from time to time. Hero Vired may make such amendments or modifications without any notice. You are requested to periodically visit our Technology Platform and be updated with the latest version of the IPR Policy before using or accessing the IPs of Hero Vired.

  11. OTHER TERMS AND CONDITIONS

    1. The End Consumers shall indemnify, defend and hold harmless (i) Hero Vired (ii) each of Hero Vired’s affiliates, assigns, and successors in interest, as the case may be; and (iii) each of the respective directors, employees, agents, consultants, advisors, and officers of Hero Vired from and against any and all losses/damages and other consequences which may be incurred or suffered by any such aggrieved party and which may arise out of or result from:
      1. Breach of any obligations of the End Consumers or covenants of this IPR Policy by the End Consumers;
      2. Any third-party claims made for loss or damage of whatever description caused to such or any other third party as a result of the activities of the End Consumers; and
      3. Any actions, suits, proceedings, claims, judgments, costs, and expenses, incurred in enforcing this indemnity against the End Consumers.
    2. All terms used in any one gender shall be construed to include any other gender as the context may require. The singular shall be deemed to include the plural, and the plural shall be deemed to refer to the singular as the context may require.
    3. The End Consumers shall be liable for compliance with all applicable statutes, legislation, rules, regulations, etc., in India while accessing and using IPs of Hero Vired on its platform or otherwise and shall ensure that no non-compliance is committed. Hero Vired shall not be liable for the breach of obligations of the End Consumers set forth in this clause.
    4. The failure of Hero Vired to exercise any right, power, or option given to it hereunder in this IPR Policy or to insist upon strict compliance with the terms hereof by the End Consumers shall not constitute a waiver of the terms and conditions of this IPR Policy with respect to any other or subsequent breach thereof by the End Consumer/s. The rights or remedies hereunder in this IPR Policy are cumulative to any other rights or remedies available to Hero Vired under applicable laws.
    5. If any provision of this IPR Policy is held invalid or unenforceable by a competent court of law, then such a finding shall not invalidate the remainder of this IPR Policy, and only the invalid part shall be deemed to be severed from this IPR Policy.
    6. The benefits under this IPR Policy shall inure not only the Hero Vired but also its successors, permitted assigns, directors, employees, agents, consultants, advisors, and officers qua the defaulting End Consumer.

  12. CONCERN AND FEEDBACK

    Please write to us at support@herovired.com for any concerns or feedback.

© 2023 HeroX Private Limited. All rights reserved.