A.The event CODE 2023 (“CODE”) organised by Mantarav Private Limited, a company incorporated under the provisions of the Companies Act, 2013 with its corporate office at Incuspaze, 4th Floor, Phase 4, Maruti Udyog, Sector 18, Gurugram, India (hereinafter, referred to as “EMB”, which term will mean and include, unless the context otherwise dictates, its officers, directors, agents, and representatives).
B.CODE is proposed to be a convention for fostering and encouraging digital entrepreneurship. CODE is proposed to be organised in New Delhi in June 2023.
C.These Terms of Use (these “Terms”) will govern your use of the CODE application and/ or website (together, the “CODE Platform”).
1.Your relationship with EMB
1.1Your use of the CODE Platform is subject to the terms of a legal agreement between you and EMB. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2Unless otherwise agreed in writing with EMB, your agreement with EMB will always include, at a minimum, these Terms.
2.Accepting the Terms
2.1In order to use the CODE Platform, you must first agree to these Terms. You may not use the CODE Platform if you do not accept these Terms.
2.2You can accept these Terms by:
(a)clicking to accept or agree to these Terms, where this option is made available to you by EMB in the user interface for any Service; or
(b)by actually using the CODE Platform. In this case, you understand and agree that EMB will treat your use of the CODE Platform as acceptance of these Terms from that point onwards.
3.Provision of the CODE Platform by EMB
3.1EMB is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services on the CODE Platform may change from time to time without prior notice to you.
3.2As part of this continuing innovation, you acknowledge and agree that EMB may stop (permanently or temporarily) providing is services (or any features within the services) on the CODE Platform to you or to users generally at EMB’s sole discretion, without prior notice to you. You may stop using the services on the CODE Platform at any time. You do not need to specifically inform EMB when you stop using the services on the CODE Platform.
4.Use of the CODE Platform by you
4.1You agree to use the CODE Platform only for purposes that are permitted by (a) these Terms; and (b) any applicable law, regulation, or generally accepted practices or guidelines in India.
4.2You agree that you will not engage in any activity that interferes with or disrupts the CODE Platform (or the servers and networks which are connected to the CODE Platform).
4.3Unless you have been specifically permitted to do so in a separate agreement with EMB, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the CODE Platform or any services thereon for any purpose.
4.4You agree that you are solely responsible for (and that EMB has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which EMB may suffer) of any such breach.
4.5You agree that you are prohibited from impersonating any real or fictional person or entity or perform any fraudulent activity.
4.6You must be at least 18 years old to use the CODE Platform.
4.7Upon signing up for the CODE Platform, you agree to receive email communications from EMB and/ or its subcontractors, which is important for EMB to deliver the full scope of services of the CODE Platform to you.
5.Privacy and your personal information
5.1For information about the data protection practices in relation to the CODE Platform, please read
5.2You agree to the use of your data in accordance with the privacy policy in relation to the CODE Platform.
6.Content on the CODE Platform
6.1You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) which you may have access to as part of, or through your use of, the CODE Platform are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
6.2Prohibited Content: You agree that you will not send, display, post, submit, publish, or transmit Content that: (i) is unfair or deceptive under the applicable law of India; and/ or (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; and/ or (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; and/ or (iv) impersonates another person; and/ or (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; and/ or (vi) is unlawful, defamatory, libellous, threatening, pornographic, harassing, hateful, racially, or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; and/ or (vii) involves theft or terrorism; and/ or (viii) constitutes an unauthorised commercial communication; and/ or (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches these Terms.
6.3EMB reserves the right (but will have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the CODE Platform without further notice to you. We have complete discretion whether to publish your Content and have the right to delete any and all Content at any time which we believe to be in violation of the Clause 6.2 (Prohibited Content).
6.4You should be aware that Content presented to you as part of the CODE Platform, may include, without limitation, advertisements and sponsored Content. Such advertisements and sponsored Content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to EMB (or by other persons or companies on their behalf).
6.5You understand that by using the CODE Platform, you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the CODE Platform at your own risk.
6.6You agree that you are solely responsible for (and that EMB has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the CODE Platform and for the consequences of your actions (including any loss or damage which EMB may suffer) by doing so.
6.7You agree that EMB has no liability for any Content derived from templates, forms, resources, or examples by EMB or made available through EMB on the CODE Platform. EMB templates, forms, resources, and examples are for informational purposes, and should not be used as a substitute for legal, business, or financial services; rather, you should seek advice from qualified professionals. EMB has no liability for any losses or damages caused to any person or business entities as a result of use, misuse, or reliance on the information and Content created by or available through EMB. You agree to use EMB templates, resources, forms, and examples at your own risk.
7.Proprietary rights
7.1You acknowledge and agree that EMB owns all legal right, title, and interest in and to the CODE Platform, including any intellectual property rights which subsist in the CODE Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2Unless you have agreed otherwise in writing with EMB, nothing in these Terms gives you a right to use any of EMB’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3If you have been given an explicit right to use any of these brand features in a separate written agreement with EMB, then you agree that your use of such features will be in compliance with the agreement and these Terms.
7.4EMB acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit, or display on, or through, the CODE Platform, including any intellectual property rights which subsist in the Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with EMB, you agree that you are responsible for protecting and enforcing those rights and that EMB has no obligation to do so on your behalf.
7.5You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the CODE Platform.
7.6Unless you have been expressly authorised to do so in writing by EMB, you agree that in using the CODE Platform, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names, or logos.
8.License from EMB
8.1EMB gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software and application provided to you by EMB as part of the CODE Platform as provided to you by EMB (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the CODE Platform as provided by EMB, in the manner permitted by the Terms.
8.2You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by EMB, in writing.
8.3Unless EMB has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9.Content license from you
You retain copyright and any other rights you already hold in Content which you submit, post, or display on or through, the CODE Platform.
10.Software updates
The Software which you use may automatically download and install updates from time to time from EMB. These updates are designed to improve, enhance, and further develop the CODE Platform and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit EMB to deliver these to you) as part of your use of the CODE Platform.
11.Ending your relationship with EMB
11.1The Terms will continue to apply until terminated by either you or EMB as set out below.
11.2EMB may at any time, terminate its agreement with you if: (A) you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); or (B) EMB is required to do so by law (for example, where the provision of the services on the CODE Platform to you is, or becomes, unlawful); or (C) the partner with whom EMB offered the CODE Platform to you has terminated its relationship with EMB or ceased to offer the CODE Platform to you; or (D) EMB is transitioning to no longer providing the CODE Platform to users or any group of them; or (E) the provision of the CODE Platform to you by EMB is, in EMB’s opinion, no longer commercially viable.
11.3Nothing in this Clause 11 will affect EMB’s rights regarding provision of services in relation to the CODE Platform under Clause 4 of these Terms.
12.Exclusion of Warranties
12.1You expressly understand and agree that your use of the CODE Platform is at your sole risk and that the CODE Platform is provided “as is” and “as available.”
12.2In particular, EMB, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the CODE Platform will meet your requirements, or (b) your use of the CODE Platform will be uninterrupted, timely, secure, or free from error, or (c) any information obtained by you as a result of your use of the CODE Platform will be accurate or reliable; or (b) that defects in the operation or functionality of any Software provided to you as part of the CODE Platform will be corrected.
12.3Any material downloaded or otherwise obtained through the use of the CODE Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
12.4No advice or information, whether oral or written, obtained by you from EMB or through or from the CODE Platform will create any warranty not expressly stated in these Terms.
12.5EMB further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
13.Limitation of liability
13.1Subject to overall provision in Clause 12.1 above, you expressly understand and agree that EMB, its subsidiaries and affiliates, and its licensors will not be liable to you for any (a) direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; or (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (i) any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the CODE Platform; (ii) any changes which EMB may make to the CODE Platform, or for any permanent or temporary cessation in the provision of the services related to CODE Platform (or any features within the CODE Platform); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the CODE Platform; or (iv) your failure to provide EMB with accurate account information; or (v) your failure to keep your password or account details secure and confidential.
13.2The limitations on EMB’s liability to you in Clause 13.1 above will apply whether or not EMB has been advised of or should have been aware of the possibility of any such losses arising.
14.Indemnification
You agree to defend, indemnify and hold EMB and each of its and its officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (I) your content; or (II) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); or (III) your or end users’ misuse of the CODE Platform; or (IV) any refunds owed or claimed to be owed to registrants or participants at CODE; or (V) your failure to pay or withhold any taxes or other fees required by applicable law; or (VI) your violation of any third-party right, including without limitation any Intellectual Property Rights, privacy rights, or a non-EMB service; or (VII) your gross negligence and/ or wilful misconduct.
15.Copyright and trade mark policies
It is EMB’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
16.Advertisements
16.1Some of the services related to the CODE Platform may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the CODE Platform, queries made through the CODE Platform, or other information.
16.2The manner, mode, and extent of advertising by EMB on the CODE Platform are subject to change without specific notice to you.
16.3In consideration for EMB granting you access to and use of the CODE Platform, you agree that EMB may place such advertising on the CODE Platform.
17.Other content
17.1The CODE Platform may include hyperlinks to other websites or content or resources. EMB may have no control over any websites or resources which are provided by companies or persons other than EMB.
17.2You acknowledge and agree that EMB is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
17.3You acknowledge and agree that EMB is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
18.Changes to the Terms
18.1EMB may make changes to these Terms from time to time.
18.2You understand and agree that if you use the CODE Platform after the date on which these Terms have changed, EMB will treat your use as acceptance of the updated Terms or additional Terms.
19.Governing Law
This agreement is governed by and interpreted in accordance with the laws of India. Any proceeding brought to enforce this agreement or to adjudicate any dispute related to these Terms must be heard in the courts of Gurugram, Haryana.