Select Terms of Service
Last updated: 23rd July, 2021
SORTING HAT TECHNOLOGIES PRIVATE LIMITED (hereinafter referred to as "Graphy”) has created and formulated a bi-yearly accelerator program for content creators entitled ‘Graphy Select’(hereinafter referred to as the “Program”) with a goal to nurture and equip budding creators of content with the right mentorship, financial aid, and resources to accelerate their careers and turn their passions into livelihoods. The Program is a creator accelerator program wherein creators who display great potential & talents to be content creators, are selected based on a mindfully formulated selection process stated under these terms and conditions; these selected creators willbe mentored by a select set of mentors, host of guest lecturers and guest mentors, tohelp them scale and grow on their own as full-time content creators. Submitting/registering your application is the first step in the selection process for the Program. Accordingly, by registering/submitting your application for the Program, you hereby agree to have read and understood all the terms and conditions contained herein that govern your participation. Hence, we strongly advise you to thoroughly read and understand the eligibility criteria for participation in the Program and the remaining terms and conditions specified herein above proceeding with your application for the Program. If you do not meet the eligibility criteria or if any of the terms and conditions are not acceptable to you, then you may not proceed with your participation in the Program.
This Terms and Conditions is an electronic record in terms of the Information Technology Act, 2000, the Information Technology (Amendment) Act, 2008, and other such applicable laws and regulations applicable to electronic records, as introduced/amended from time to time. This is a legally binding agreement between you [i.e., the Participant (as defined hereinafter) and Graphy in respect of your participation in the Program. By clicking on the ‘I agree’ icon or by submitting the application for the participating in the Program, you hereby unconditionally consent, agree, and undertake to be bound by andadhere to the terms and conditions stated herein. These terms and conditions shall continue to subsist until completion of the Program (i.e., until 6 (six) months from the date of the application process or as determined by Graphy at its sole discretion), and hence, these terms and conditions shall continue to apply on the Participants for such duration.
This Terms and Conditions is an electronic record in terms of the Information Technology Act, 2000, the Information Technology (Amendment) Act, 2008, and other such applicable laws and regulations applicable to electronic records, as introduced/amended from time to time. This is a legally binding agreement between you [i.e., the Participant (as defined hereinafter) and Graphy in respect of your participation in the Program. By clicking on the ‘I agree’ icon or by submitting the application for the participating in the Program, you hereby unconditionally consent, agree, and undertake to be bound by andadhere to the terms and conditions stated herein. These terms and conditions shall continue to subsist until completion of the Program (i.e., until 6 (six) months from the date of the application process or as determined by Graphy at its sole discretion), and hence, these terms and conditions shall continue to apply on the Participants for such duration.
Table of contents
A. ELIGIBILITY CRITERIA
(1) Any individual who desires to become a full-time content creator and satisfies all of the below- mentioned criteria will be eligible to participate in the Program (“Participant”). An individual who–
(i) is at least 18 (eighteen) years of age as on the date of submission of the application to the Program;
(ii) is an Indian citizen, holding a valid proof of citizenship and residing in India; and
(iii) fulfils the legal requirements specified under Section D(1) hereinbelow
(2) Participants may be required to submit any or all valid and subsisting legal documents as proof of their name/ age/ address/ nationality/citizenship and/or any other document as may be required by Graphy.
(3) Participants understand and agree that if they do not meet the eligibility criteria mentioned herein, then Graphy will be well within its right to reject the application submitted by a Participant(s) or disqualify the Participant(s) at any time during the selection process if Graphy becomes aware of any information that makes the Participant(s) non-eligible for participation in the Program.
(4) All applications must be submitted directly by the Participants and no applications submitted by parents/legal guardians of individuals under the age of 18 years shall be valid or accepted, except otherwise specifically approved by Graphy.
B. APPLICATION PROCESS
To participate in the Program, Participants will be required to follow the application process provided on Graphy’s website www.graphy.com and/or its mobile applications (“Platform”) and submit the application in accordance thereof. For ease of reference and understanding the application process is briefly provided hereunder:
(1) Requisites: To successfully apply for the Program, Participants will mandatorily be required to share certain basic personal information provided herein below to identify the Participants and to confirm their eligibility for participation. Participants will be required to provide their:
(i) Full Name
(ii) Date of Birth
(iii) Gender
(iv) Address
(v) Email ID
(vi) Contact Number; and
(vii) Such other information required on the Platform during the application process.
Further, as stated above in Section A, to confirm their eligibility, Participants may be required to submit scanned copies of any or all of the following legal documents-
(i) Identity Proof: Passport, PAN Card, Aadhar Card, Driving License or Voter ID Card;
(ii) Age Proof: Passport, Birth Certificate or 10th Std Marks Card; and
(iii) Address Proof: Passport, Aadhar Card, Driving License, Electricity Bill (if in Participant’s name) or Ration Card.
By submitting the application for participation in the Program, Participants agree to provide their personal information as stated hereinabove and on the Platform. Any such personal information collected, stored, processed, and dealt with, in accordance with the Privacy Policy of the Platform.
Please note that Graphy does not charge any fee for registration/application or participation in the Program. Participants must exercise caution against any person/ entity that demands money or its equivalent for the purpose of participation in the Program. Graphy shall not be liable to Participant(s) for any amount paid in this regard and Graphy disclaims all responsibilities in respect of the same.
(2) Submissions:
(a) As part of the application process, Participants will be required to –
(i) answer certain questions asked therein. The specifications, including the manner and form of the submission, will be as detailed on the Platform;
(ii) submit a video of themselves explaining ‘why the Participant should be selected’. The specifications, including the format and duration of the video, will be as detailed on the Platform; and
(iii) create an account as a creator on the Platform.
Please note that for any application to be successfully submitted, Participants must answer all mandatory questions asked as part of the application and submit/upload the video, in accordance with the specifications provided on the Platform; failing which the application will not be deemed to be complete.
(b) While evaluating the answers and videos submitted by the Participants, we look for authenticity with creativity. Hence, Participants must ensure that all content submitted by them as part of the application must be original and free from any form of plagiarism or any unauthorized third-party content. If it comes to Graphy’s notice that any part of the content submitted by a Participant in their application infringes upon any third-party intellectual property rights (including copyrights), then such Participant shall be disqualified, or the application of such Participant shall be rejected.
(c) The Participant shall ensure that the photos, videos including statements, comments, remarks made/submitted by the Participant as part of his/her application for the Program are not obscene, vulgar, defaming, derogatory or objectionable, denigrating women or children, hurting religious sentiments, depicting violence, infringing another person’s right to privacy or any other rights or violating any applicable laws. If any application of the Participant(s) is found to be in contravention of this clause/condition, then Graphy may reject such application.
(3) Deadline: All applications must be submitted on or before such date as updated on the Platform (“Deadline”). Any application received post the Deadline shall not be considered.
It is clarified that Graphy will be able to review and assess applications only if it has duly received the same. Neither Graphy nor its Platform shall be responsible for any network or technical failure/glitches due to which the Participants’ applications were not received by Graphy.
C. SELECTION PROCESS
(1) Selection Process:
(a) Upon receiving the applications, Graphy will carefully review all applications, answers, and video submissions received based on certain parameters including but not limited to, eligibility for participation, adherence to the prescribed rules for submission of the answers and the video, quality of the answers and the video (including technical quality). Please note that the selection criteria specified herein are only indicative and not exhaustive.
(b) Based on the internal assessment, Graphy will shortlist Participants, who will then be interviewed by a mentor on-boarded by Graphy for the Program. This will be a virtual interview via Zoom, google meet, or any such video conferencing tool deemed suitable by Graphy.
(c) Finally, the top 50 (fifty) or such other number of Participants having the highest scores in the mentor interview will be selected to participate in the Program.
Please note –
(i) Having a creator account on the Graphy Platform is an important qualifying metric, and Participants who already have subscribers, learners and feature in the Graphy Platform’s top 50 leader-board will be given preference.
(ii) Shortlisted Participants shall be intimated as per the contact details given by them in their applications; the intimation will be shared via email, telephonic call, or other means as deemed fit by Graphy, after each round in the Selection Process.
(iii) Graphy does not accept any responsibility for any incorrect and/or incomplete communication detail provided and/or delay in receipt of communication and/or non-receipt of communication.
(iv) Owing to the large number of applications that may be received by Graphy, intimating every Participant about the outcome of their application for the Program may not be possible. Hence, only the selected Participants will receive a communication from Graphy regarding the way forward in respect of the Program.
The Process of selection, selection, and number of Participants selected for the Program are subject to change at the sole discretion of Graphy and the decision of Graphy shall be final and binding.
(2) Process after selection: Upon selection to the Program, Participants will be apprised about the next steps, which include the requirement to dedicate themselves to the Program for such duration as communicated by Graphy from the date of commencement of the Program. They will be a part of an extensive training program wherein they will be provided mentorship and resources to launch their careers as content creators. However, final participation in the Program shall be subject to the execution of a written agreement with Graphy upon the terms and conditions as mentioned therein.
Please note that while most of the training and mentorship will be virtual, the selected Participants may be required to travel for their participation in the Program or any part thereof. However, all travel-related decisions shall be made considering the COVID-19 restrictions and we will, at all times, take the necessary safety measures and precautions before requiring a selected Participant to travel. The cost of travel and accommodation (if any) shall be borne solely by the selected Participants and Graphy shall not be liable for the same.
D. OTHER TERMS & CONDITIONS GOVERNING PARTICIPATION IN THE PROGRAM
(1) Representations of the Participant:
By applying for the Program, the Participant represents and warrants as follows:
(i) The Participant represents and confirms that –
(a) he/she is an adult (i.e., 18+ years of age) who is entitled and competent to enter into a valid agreement;
(b) the Participant has voluntarily chosen at his/her free will to participate in the Program and is willing to bear all risk, costs & consequences, if any, arising from such participation in the Program;
(c) that he/she has not been accused or convicted or is otherwise involved in any criminal offense (including but not limited to acts of moral turpitude and harassment) and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to Graphy. (d) he/she does not suffer from any infirmity or disqualification under the applicable laws or otherwise, which may cause the contract to be void or voidable at the option of the Participant;
(e) he/she is not under any exclusive contracts with any third-party/ agency which would prevent him/her from participating in the Program and/or enter into an agreement with Graphy, as the case may be; and
(f) he/she has read and understood these terms and conditions governing the participation in the Program before submitting his/her application.
(ii) Employees of Graphy and /or its subsidiaries and affiliate companies will not be qualified for participation in the Program. Hence, the Participant represents and confirms that he/she is not an employee of Graphy and /or its subsidiaries and affiliate companies.
(2) Other Conditions that a Participant agrees to by virtue of applying/registering for the Program:
A Participant understands and agrees as follows-
(i) The registration does not guarantee the selection and/or participation of the Participant in the Program and such selection including the selection criteria /process shall always be as per the sole discretion of Graphy. Graphy shall not entertain any questions, correspondence, or inquiries on the manner of conduct /evaluation and/or selection criteria non-selection of the application and/or the selection of any other applicant/Participant in respect of the Program from any person /party whatsoever.
(ii) The Participant understands that if he/she is shortlisted in the Selection Process, such shortlisting is only a preliminary step towards participation in the Program; and without any dispute or claim, the Participant acknowledges that it shall be the absolute and sole discretion of Graphy to allow participation based on the requirements of the Program.
(iii) The final participation in the Program shall be subject to the Participant being selected and the execution of a written agreement with Graphy upon the terms and conditions as mentioned therein. Graphy shall be well within its rights to reject/disqualify the Participant or choose/announce another Participant in place of the originally shortlisted entries, if:
(a) the documents or details provided by the Participant are invalid/incorrect/incomplete/ misleading /untrue or not acceptable in the opinion of Graphy; and/or
(b) the Participant has not conformed to any of the terms and conditions contained herein; and/or
(c) the Participant does not sign the confidentiality, release letter, no objection certificate, or any other documents required, if any, by Graphy concerning the Program.
(iv) While Graphy shall on a best-effort basis notify the Participant(s) of any changes to the Selection Process, the format of the Program, Deadlines, these terms and conditions, and any other information regarding the Program, it is the sole responsibility of the Participant(s) to check the Platform frequently to keep himself/herself aware of any recent changes in respect of the Program or the Platform.
(v) The Participant shall at no time communicate to any third person or the media or give any interviews on his/her participation in the Program without the prior written consent of Graphy.
(vi) The Participant shall ensure that any photos, videos, statements, comments, and/or remarks made by the Participant regarding the Program or their participation therein, in any public domain, including their social media accounts, are not obscene, vulgar, defaming, derogatory or objectionable, denigrating women or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person and shall not infringe copyright, right of privacy or any other rights whatsoever of any person nor violate any applicable Indian or international laws, statutes.
(vii) The Participant shall be solely responsible to obtain all necessary permissions, licenses, approvals, etc., as may be required prior to submitting his/her application for the Program. Further, any third-party claims/objections, if any, received regarding the Participant’s participation in the Program, shall be solely resolved by the Participant without involving Graphy in any manner whatsoever.
(viii) If the Participant is found to be in violation of any of the terms and conditions contained herein and as communicated by Graphy from time to time, or if it comes to the knowledge of Graphy that the details submitted by the Participant in the application are invalid/incorrect/untrue, then Graphy may immediately disqualify the Participant from Selection Process or the Program. The Participant shall solely remain liable for any action (criminal/civil) arising therefrom.
(ix) Graphy’s decision in connection with the Program and the Selection Process shall be final and binding on all Participants including any other person/party concerned; such decision is non-contestable.
(x) Apart from the prospective entitlement to be part of the Program subject to the Participant’s selection and written intimation thereof by Graphy to the Participant, the Participant or his/her legal heirs will have no other rights or claims against Graphy and its subsidiaries and affiliates.
(xi) If the Participant is selected for the Program, then the Participant represents and undertakes that the Participant shall make himself/herself exclusively available for the entire duration of the Program, including any additional days required for promotion/marketing activity and/or any other period as required by Graphy, without any additional compensation for the same. The Participant agrees and accepts that he/she shall not, participate in any other similar program or collaborate with other ed-tech platforms in any manner including creating/participating in the creation of paid content and creating paid courses on other ed-tech platforms, without the prior written permission from Graphy, for the entire duration of the Program or any other duration required by Graphy or under the Participant’s agreement with Graphy.
(xii) If any individual/Participant is found to be responsible for tampering with the Program or the application/Selection Process, in any manner whatsoever, including without limitation, infecting systems by viruses, bugs, unauthorized intervention, fraud, and/or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program or any part thereof, then Graphy reserves the right, at its sole discretion, to reject such individual or disqualify such Participant, and to cancel, modify or terminate the Program and/or any part thereof. Further, Graphy reserves the right to take legal action against such individual/Participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 including all its amendments thereof) and/or any other laws as may be applicable from time to time and Graphy shall be entitled to such remedies in law as applicable.
(xiii) Graphy shall not be held responsible in case of a server shutdown or loss of Participant’s application (including the video submitted) and/or other data. Graphy shall not be responsible for any delay in receipt or non-receipt or incomplete or corrupt receipt of the application, video, or other details of the Participant. Graphy shall not be responsible for any technical difficulties or data corruption that may arise during the recording/upload of the video or submission of the application. Further, Graphy shall not be responsible and/or liable in any manner whatsoever in case the Participant is unable to submit his/her application for participation in the Program due to failure on part of the internet service provider, facility provider, etc.
(xiv) The Participant being the user of the Platform shall abide by the terms and conditions, privacy policy, and such other policies and guidelines published on the Platform.
(xv) Taking part in the registration process shall be deemed to be consent by the Participant to receive promotional messages from Graphy or any third party so authorized by Graphy relating to the Program and Graphy.
(xvi) The Participant hereby agrees and undertakes that he/she shall not accept or undertake to accept or give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their selection for/in the Program. Any knowledge of such an act shall lead to immediate disqualification of the Participant and Graphy shall be entitled to take any and all action(s) against the Participants, as it deems fit.
(xvii) The Participant hereby agrees to indemnify Graphy, its subsidiaries, affiliates, directors, officers, employees, agents, representatives from and against any claims, loss, liability, damages, cost (including legal costs) of any person, firm or corporation, including, without limitation, legal fees, that might arise from their actions or omissions or arising from any misrepresentation, or concealment of material facts or breach of any representations, undertakings, obligations or terms as stated herein or if any of Graphy’s rights get affected in any manner whatsoever from their actions or omissions.
In the event of any claim, the Participant will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. If the Participant is not diligently and continuously pursuing this matter, Graphy may take such action on behalf of itself and/ or as the attorney for the Participant, to adjust, settle, defend or otherwise dispose of such claim, in which case the Participant shall reimburse Graphy for any costs and penalties incurred thereof or such other indemnity in the amount thereof.
(3) Disclaimers
(i) Graphy shall not be liable for any loss, damage, injury, mental/psychological issues like anxiety, depression, stress, etc., or even death caused to the Participant during his/her participation in the Selection Process or the Program.
(ii) Graphy will also not be liable for any loss of earnings, employment, opportunity, and/or otherwise, caused to the Participant and arising due to his/her participation in the Program if selected.
(iii) Graphy and/or its subsidiaries/affiliates shall not be under any obligation to the Participant in relation to the Program and the Participant shall have no claims whatsoever against the Graphy and/or its subsidiaries/affiliates relating to the selection process, gratification, orthe running of the Program.
(iv) Graphy shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “as is” without warranty of any kind. To the fullest extent permitted by applicable law, Graphy disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement in respect of the Program.
(v) At any stage of the Participant’s participation in the Program, it brought to the notice of Graphy that the Participant is engaged (directly or indirectly) in any activity that would be deemed as discriminatory, harassment, bullying, sexual misconduct, defamatory, or such other misconduct/ unacceptable behavior, then Graphy shall have the right to immediately disqualify the Participant from the Program without any notice to the Participant.
(vi) Graphy shall have the sole discretion to discontinue/cancel the Program or any part thereof at any point in time and the Participant shall not raise any claim due to such discontinuation or cancellation at any time whatsoever.
(4) Intellectual Property Rights
(i) Graphy is the creator and owner of the Program, its format, and all parts thereof. Accordingly, the Participant hereby agrees and acknowledges that Graphy shall have the sole and exclusive right including but not limited to all intellectual property rights (including copyrights and trademarks) and other proprietary rights in and to the Program and all parts thereof.
(ii) By submitting the application to the Program, the Participant agreed to grant an exclusive, transferable, sub-licensable license to Graphy in and to all audio-visual recordings, audio/ video clips or content, materials provided/uploaded/ submitted by the Participants on Platform (excluding any course or content created by the Participants on the Platform using the services offered therein) or otherwise during the course of their participation in the Program (“Content”), for a perpetual period throughout the entire world. Further, the provisions of Section 19(4) of the (Indian) Copyright Act, 1957 are specifically waived by the Participant, and shall not apply to these terms and conditions. Notwithstanding the foregoing –
(a) Graphy shall not be obligated to exploit the Content in any promotional or marketing material for the Program; and
(b) Participant’s use of Platform will be governed by the Platform’s terms and conditions and such other documents made available on the Platform.
(iii) Further, the Participant permits Graphy and any party authorized by Graphy to click photographs, record videos of the Participant and use the Participant’s name, photographs, likeness, voice, audio-video, comments for advertising and promotional purposes in association with the Content and/or the Program in any mode, media, format, medium for worldwide territory for purposes of advertising and trade without any compensation whatsoever.
(iv) The Participant agrees that no remuneration/compensation/fees shall be payable by the Company, at any time whatsoever, towards the usage /exploitation of the Content by Graphy and/or any party authorized by Graphy.
(5) Limitation of Liability
Under no circumstance, shall Graphy and/or its directors, employees, officers, affiliates, or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically agrees not to file in-person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against Graphy and/or their directors, employees, officers, affiliates, or subsidiaries to claim any damages or relief in connection with the Program or any part thereof.
(6) Governing Law, Jurisdiction & Dispute Resolution
These terms and conditions shall be governed by and construed in accordance with the laws of India; and the Participant agrees, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, India. In the event of any dispute arising out of or in relation to, these terms and conditions, the parties agree to submit such dispute to arbitration by a sole arbitrator appointed jointly by both parties, failing which such arbitrator shall be appointed by recourse to the provisions of Section 11 of the Arbitration and Conciliation Act, 1996. Such arbitration shall be in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in these terms and conditions by reference herein) and shall be held in Bangalore, India. All proceedings of such arbitration shall be in the English language. The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal. The successful party may seek to enforce the award in an appropriate jurisdiction, including India. Each party shall bear its own costs and expenses, incurred in connection with the arbitration proceedings.
Nothing herein shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from the courts at Bangalore, India which shall have exclusive jurisdiction to determine any dispute arising under this Agreement. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any remedy for monetary damages through the arbitration.
(7) General Terms
(i) Modifications or Amendment to the Terms and Conditions:
Graphy reserves the right to change/ modify these terms and conditions and/ or criteria of the Program or any part thereof, at any time without any prior notice or assigning any reasons for the same. Graphy will post the new terms with a revision date indicated at the top or if deemed practicable, notify the Participant of such changes by sending an email to the email address submitted as part of his/her application to the Program. Notwithstanding the foregoing, the Participant must frequently check the Platform to keep himself/herself aware of any changes to the terms and conditions, or the Program. The Participant shall be bound by any such revised /amended terms and conditions/amended rules. Graphy shall not be responsible or liable towards any Participant and/or any third party in relation to the same.
(ii) Waiver and Severability: The failure on part of Graphy to enforce any right or provision contained in these terms and conditions will not be deemed as a waiver of such right or provision. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
(iii) Events beyond our reasonable control: Graphy shall not be liable hereunder by reason of any failure or delay in the conduct of the Program or any part thereof during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Graphy’s reasonable control, including but not limited to acts of God, severe weather, fire, flood, mudslides, hurricanes, tornadoes, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, national security risks, pandemics, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of Graphy or deemed by Graphy to constitute a danger to the safety and well-being of the Participants or other individuals involved in the Program in any manner.
(iv) Entire Agreement: These terms and conditions, read with Graphy’s Platform Terms and conditions, Privacy Policy and any other policies and guidelines published on the Platform constitute the entire agreement between Graphy and the Participant in respect of the Participant’s participation in the Program. To the extent of any conflict between these terms and conditions and the Platform Terms and conditions, Privacy Policy, and/or any other policies and guidelines published on the Platform, these terms and conditions shall prevail.
By applying for the Program, the Participant represents and warrants as follows:
(i) The Participant represents and confirms that –
(a) he/she is an adult (i.e., 18+ years of age) who is entitled and competent to enter into a valid agreement;
(b) the Participant has voluntarily chosen at his/her free will to participate in the Program and is willing to bear all risk, costs & consequences, if any, arising from such participation in the Program;
(c) that he/she has not been accused or convicted or is otherwise involved in any criminal offense (including but not limited to acts of moral turpitude and harassment) and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to Graphy. (d) he/she does not suffer from any infirmity or disqualification under the applicable laws or otherwise, which may cause the contract to be void or voidable at the option of the Participant;
(e) he/she is not under any exclusive contracts with any third-party/ agency which would prevent him/her from participating in the Program and/or enter into an agreement with Graphy, as the case may be; and
(f) he/she has read and understood these terms and conditions governing the participation in the Program before submitting his/her application.
(ii) Employees of Graphy and /or its subsidiaries and affiliate companies will not be qualified for participation in the Program. Hence, the Participant represents and confirms that he/she is not an employee of Graphy and /or its subsidiaries and affiliate companies.
(2) Other Conditions that a Participant agrees to by virtue of applying/registering for the Program:
A Participant understands and agrees as follows-
(i) The registration does not guarantee the selection and/or participation of the Participant in the Program and such selection including the selection criteria /process shall always be as per the sole discretion of Graphy. Graphy shall not entertain any questions, correspondence, or inquiries on the manner of conduct /evaluation and/or selection criteria non-selection of the application and/or the selection of any other applicant/Participant in respect of the Program from any person /party whatsoever.
(ii) The Participant understands that if he/she is shortlisted in the Selection Process, such shortlisting is only a preliminary step towards participation in the Program; and without any dispute or claim, the Participant acknowledges that it shall be the absolute and sole discretion of Graphy to allow participation based on the requirements of the Program.
(iii) The final participation in the Program shall be subject to the Participant being selected and the execution of a written agreement with Graphy upon the terms and conditions as mentioned therein. Graphy shall be well within its rights to reject/disqualify the Participant or choose/announce another Participant in place of the originally shortlisted entries, if:
(a) the documents or details provided by the Participant are invalid/incorrect/incomplete/ misleading /untrue or not acceptable in the opinion of Graphy; and/or
(b) the Participant has not conformed to any of the terms and conditions contained herein; and/or
(c) the Participant does not sign the confidentiality, release letter, no objection certificate, or any other documents required, if any, by Graphy concerning the Program.
(iv) While Graphy shall on a best-effort basis notify the Participant(s) of any changes to the Selection Process, the format of the Program, Deadlines, these terms and conditions, and any other information regarding the Program, it is the sole responsibility of the Participant(s) to check the Platform frequently to keep himself/herself aware of any recent changes in respect of the Program or the Platform.
(v) The Participant shall at no time communicate to any third person or the media or give any interviews on his/her participation in the Program without the prior written consent of Graphy.
(vi) The Participant shall ensure that any photos, videos, statements, comments, and/or remarks made by the Participant regarding the Program or their participation therein, in any public domain, including their social media accounts, are not obscene, vulgar, defaming, derogatory or objectionable, denigrating women or children, hurting religious sentiments, depicting violence or shall not infringe the rights of a third person and shall not infringe copyright, right of privacy or any other rights whatsoever of any person nor violate any applicable Indian or international laws, statutes.
(vii) The Participant shall be solely responsible to obtain all necessary permissions, licenses, approvals, etc., as may be required prior to submitting his/her application for the Program. Further, any third-party claims/objections, if any, received regarding the Participant’s participation in the Program, shall be solely resolved by the Participant without involving Graphy in any manner whatsoever.
(viii) If the Participant is found to be in violation of any of the terms and conditions contained herein and as communicated by Graphy from time to time, or if it comes to the knowledge of Graphy that the details submitted by the Participant in the application are invalid/incorrect/untrue, then Graphy may immediately disqualify the Participant from Selection Process or the Program. The Participant shall solely remain liable for any action (criminal/civil) arising therefrom.
(ix) Graphy’s decision in connection with the Program and the Selection Process shall be final and binding on all Participants including any other person/party concerned; such decision is non-contestable.
(x) Apart from the prospective entitlement to be part of the Program subject to the Participant’s selection and written intimation thereof by Graphy to the Participant, the Participant or his/her legal heirs will have no other rights or claims against Graphy and its subsidiaries and affiliates.
(xi) If the Participant is selected for the Program, then the Participant represents and undertakes that the Participant shall make himself/herself exclusively available for the entire duration of the Program, including any additional days required for promotion/marketing activity and/or any other period as required by Graphy, without any additional compensation for the same. The Participant agrees and accepts that he/she shall not, participate in any other similar program or collaborate with other ed-tech platforms in any manner including creating/participating in the creation of paid content and creating paid courses on other ed-tech platforms, without the prior written permission from Graphy, for the entire duration of the Program or any other duration required by Graphy or under the Participant’s agreement with Graphy.
(xii) If any individual/Participant is found to be responsible for tampering with the Program or the application/Selection Process, in any manner whatsoever, including without limitation, infecting systems by viruses, bugs, unauthorized intervention, fraud, and/or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program or any part thereof, then Graphy reserves the right, at its sole discretion, to reject such individual or disqualify such Participant, and to cancel, modify or terminate the Program and/or any part thereof. Further, Graphy reserves the right to take legal action against such individual/Participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 including all its amendments thereof) and/or any other laws as may be applicable from time to time and Graphy shall be entitled to such remedies in law as applicable.
(xiii) Graphy shall not be held responsible in case of a server shutdown or loss of Participant’s application (including the video submitted) and/or other data. Graphy shall not be responsible for any delay in receipt or non-receipt or incomplete or corrupt receipt of the application, video, or other details of the Participant. Graphy shall not be responsible for any technical difficulties or data corruption that may arise during the recording/upload of the video or submission of the application. Further, Graphy shall not be responsible and/or liable in any manner whatsoever in case the Participant is unable to submit his/her application for participation in the Program due to failure on part of the internet service provider, facility provider, etc.
(xiv) The Participant being the user of the Platform shall abide by the terms and conditions, privacy policy, and such other policies and guidelines published on the Platform.
(xv) Taking part in the registration process shall be deemed to be consent by the Participant to receive promotional messages from Graphy or any third party so authorized by Graphy relating to the Program and Graphy.
(xvi) The Participant hereby agrees and undertakes that he/she shall not accept or undertake to accept or give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their selection for/in the Program. Any knowledge of such an act shall lead to immediate disqualification of the Participant and Graphy shall be entitled to take any and all action(s) against the Participants, as it deems fit.
(xvii) The Participant hereby agrees to indemnify Graphy, its subsidiaries, affiliates, directors, officers, employees, agents, representatives from and against any claims, loss, liability, damages, cost (including legal costs) of any person, firm or corporation, including, without limitation, legal fees, that might arise from their actions or omissions or arising from any misrepresentation, or concealment of material facts or breach of any representations, undertakings, obligations or terms as stated herein or if any of Graphy’s rights get affected in any manner whatsoever from their actions or omissions.
In the event of any claim, the Participant will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. If the Participant is not diligently and continuously pursuing this matter, Graphy may take such action on behalf of itself and/ or as the attorney for the Participant, to adjust, settle, defend or otherwise dispose of such claim, in which case the Participant shall reimburse Graphy for any costs and penalties incurred thereof or such other indemnity in the amount thereof.
(3) Disclaimers
(i) Graphy shall not be liable for any loss, damage, injury, mental/psychological issues like anxiety, depression, stress, etc., or even death caused to the Participant during his/her participation in the Selection Process or the Program.
(ii) Graphy will also not be liable for any loss of earnings, employment, opportunity, and/or otherwise, caused to the Participant and arising due to his/her participation in the Program if selected.
(iii) Graphy and/or its subsidiaries/affiliates shall not be under any obligation to the Participant in relation to the Program and the Participant shall have no claims whatsoever against the Graphy and/or its subsidiaries/affiliates relating to the selection process, gratification, orthe running of the Program.
(iv) Graphy shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “as is” without warranty of any kind. To the fullest extent permitted by applicable law, Graphy disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement in respect of the Program.
(v) At any stage of the Participant’s participation in the Program, it brought to the notice of Graphy that the Participant is engaged (directly or indirectly) in any activity that would be deemed as discriminatory, harassment, bullying, sexual misconduct, defamatory, or such other misconduct/ unacceptable behavior, then Graphy shall have the right to immediately disqualify the Participant from the Program without any notice to the Participant.
(vi) Graphy shall have the sole discretion to discontinue/cancel the Program or any part thereof at any point in time and the Participant shall not raise any claim due to such discontinuation or cancellation at any time whatsoever.
(4) Intellectual Property Rights
(i) Graphy is the creator and owner of the Program, its format, and all parts thereof. Accordingly, the Participant hereby agrees and acknowledges that Graphy shall have the sole and exclusive right including but not limited to all intellectual property rights (including copyrights and trademarks) and other proprietary rights in and to the Program and all parts thereof.
(ii) By submitting the application to the Program, the Participant agreed to grant an exclusive, transferable, sub-licensable license to Graphy in and to all audio-visual recordings, audio/ video clips or content, materials provided/uploaded/ submitted by the Participants on Platform (excluding any course or content created by the Participants on the Platform using the services offered therein) or otherwise during the course of their participation in the Program (“Content”), for a perpetual period throughout the entire world. Further, the provisions of Section 19(4) of the (Indian) Copyright Act, 1957 are specifically waived by the Participant, and shall not apply to these terms and conditions. Notwithstanding the foregoing –
(a) Graphy shall not be obligated to exploit the Content in any promotional or marketing material for the Program; and
(b) Participant’s use of Platform will be governed by the Platform’s terms and conditions and such other documents made available on the Platform.
(iii) Further, the Participant permits Graphy and any party authorized by Graphy to click photographs, record videos of the Participant and use the Participant’s name, photographs, likeness, voice, audio-video, comments for advertising and promotional purposes in association with the Content and/or the Program in any mode, media, format, medium for worldwide territory for purposes of advertising and trade without any compensation whatsoever.
(iv) The Participant agrees that no remuneration/compensation/fees shall be payable by the Company, at any time whatsoever, towards the usage /exploitation of the Content by Graphy and/or any party authorized by Graphy.
(5) Limitation of Liability
Under no circumstance, shall Graphy and/or its directors, employees, officers, affiliates, or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically agrees not to file in-person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against Graphy and/or their directors, employees, officers, affiliates, or subsidiaries to claim any damages or relief in connection with the Program or any part thereof.
(6) Governing Law, Jurisdiction & Dispute Resolution
These terms and conditions shall be governed by and construed in accordance with the laws of India; and the Participant agrees, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, India. In the event of any dispute arising out of or in relation to, these terms and conditions, the parties agree to submit such dispute to arbitration by a sole arbitrator appointed jointly by both parties, failing which such arbitrator shall be appointed by recourse to the provisions of Section 11 of the Arbitration and Conciliation Act, 1996. Such arbitration shall be in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in these terms and conditions by reference herein) and shall be held in Bangalore, India. All proceedings of such arbitration shall be in the English language. The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal. The successful party may seek to enforce the award in an appropriate jurisdiction, including India. Each party shall bear its own costs and expenses, incurred in connection with the arbitration proceedings.
Nothing herein shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from the courts at Bangalore, India which shall have exclusive jurisdiction to determine any dispute arising under this Agreement. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any remedy for monetary damages through the arbitration.
(7) General Terms
(i) Modifications or Amendment to the Terms and Conditions:
Graphy reserves the right to change/ modify these terms and conditions and/ or criteria of the Program or any part thereof, at any time without any prior notice or assigning any reasons for the same. Graphy will post the new terms with a revision date indicated at the top or if deemed practicable, notify the Participant of such changes by sending an email to the email address submitted as part of his/her application to the Program. Notwithstanding the foregoing, the Participant must frequently check the Platform to keep himself/herself aware of any changes to the terms and conditions, or the Program. The Participant shall be bound by any such revised /amended terms and conditions/amended rules. Graphy shall not be responsible or liable towards any Participant and/or any third party in relation to the same.
(ii) Waiver and Severability: The failure on part of Graphy to enforce any right or provision contained in these terms and conditions will not be deemed as a waiver of such right or provision. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
(iii) Events beyond our reasonable control: Graphy shall not be liable hereunder by reason of any failure or delay in the conduct of the Program or any part thereof during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Graphy’s reasonable control, including but not limited to acts of God, severe weather, fire, flood, mudslides, hurricanes, tornadoes, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, national security risks, pandemics, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of Graphy or deemed by Graphy to constitute a danger to the safety and well-being of the Participants or other individuals involved in the Program in any manner.
(iv) Entire Agreement: These terms and conditions, read with Graphy’s Platform Terms and conditions, Privacy Policy and any other policies and guidelines published on the Platform constitute the entire agreement between Graphy and the Participant in respect of the Participant’s participation in the Program. To the extent of any conflict between these terms and conditions and the Platform Terms and conditions, Privacy Policy, and/or any other policies and guidelines published on the Platform, these terms and conditions shall prevail.
E. CONTACT US
For any queries/concerns regarding these terms and conditions, Participants may write to us by email at legal@graphyapp.co or by post to:
Sorting Hat Technologies Pvt Ltd
Maruti Infotech Centre, 3rd Floor,
A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India.
