The "DESIGN:IMPACT AWARDS" (hereinafter referred to as "Awards") are being organized by Titan Company Limited, having its registered office at No.3, SIPCOT Industrial Complex, Hosur – 635126 with Corporate Identification No. L74999TZ1984PLC001456 (hereinafter referred to as "Company"), which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors in interest and permitted assigns.
By way of usage of this website or participation in Awards, you shall be accepting these terms unequivocally and unconditionally in their entirety and these terms will be a legally binding agreement between you and the Company. Also, the terms and conditions of Company website/ www.titan.co.in shall independently bind you additionally to the extent applicable and are incorporated herein by reference.
Nothing in these terms and conditions shall be deemed to confer any rights or benefits to a third party. The disclosures made by you on this website and in the application form are true and correct and can be relied upon by the Company for the purposes of evaluating the entry.
The selection criteria / conditions/ process for Awards in detail are contained in Frequently Asked Questions ("FAQ") on Site. For details in relation to Awards refer to FAQs.
1.1. "Content" shall mean and include the text, software, scripts, graphics, photographs, cartoons, sounds, music, videos, audiovisual combinations, interactive features and other materials in whole or in part you may view on, access though, or contribute / post to Site.
1.2 "Judge"/ "Judges"/ "Panel of Experts" shall mean the person(s) appointed by Company in its sole discretion, who shall have final authority to select & declare Winners of Award.
1.3 "Participants" / "You"/ “you” shall mean the applicants being evaluated for the awards.
1.4 "Prize" shall means the prizes declared for Winner of Award which shall be solely at the discretion of Company.
1.6 "Winner" shall mean Participants adjudged as the winners.
2.1 These Awards are open to -NGOs, Corporate and Government bodies who chose to participate by filing their application or nomination on the website.
2.2 Awards shall not be open for any employees of the Company or its affiliates.
2.3 Company shall have sole discretion & final authority to adjudge the eligibility of applicants or nominators.
3.1. These Awards are valid only in territory of India.
3.3. Inaccurate data or false representation discovered at any stage of Award may result in disqualification of your entry for the purposes of Awards which shall be decided by Company at its sole discretion.
3.5. You accessing Site represents and warrants that, disclosures made and details submitted by you for the purposes of entering / participating in the selection process of Awards are true and correct.
3.7. You hereby agree and acknowledge that the Company shall not be responsible for any loss or damage that you may suffer while participating in Awards and/or while using the Site.
3.8. The decision of Judge(s)/ Panel of Experts as chosen / constituted by Company in respect of all Awards & Prizes shall be final and binding and no communication in this regard shall be entertained.
3.9. The winning application or nomination will be announced through the Site and in print.
4.1. You shall only upload Content which has been originally created by you.
4.2. You shall not upload, or otherwise transmit any Content, matter, views or messages that are defamatory, abusive, vulgar, pervasive, obscene, libelous, tortuous, hateful, threatening or harassing, affect national interest, incites violence, invasive of another's privacy, infringing another person's copyrights or any other intellectual property rights, or are racially, ethnically or otherwise objectionable.
4.3. You shall not send or otherwise post unauthorized commercial communications, containing alcohol-related or other mature content (including advertisements) on Site.
4.4. You shall not use Site to do anything unlawful, misleading, malicious, or discriminatory.
4.6. The applicant at the request of Company (which request is binding in nature) may be required to complete other necessary formalities after it is declared Winner of Award.
4.7. Winner of Award shall at the request of the Company be required to participate in interviews / Award ceremony or be a part of other media coverage in any medium including print and broadcast.
4.8. You further agree and assure Company, that you shall not:
(i) Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, symbol, logo, copyright or other Intellectual property rights ("Rights") of the Company or any party
(ii) use Site in any manner that could damage, disable, overburden, or impair it and you agree not to undertake any action which is harmful or potentially harmful to any Company's server, or the network(s), computer systems / resource connected to any Company server, or which interferes with any other party's use and enjoyment of Site;
(iii) obtain or attempt to obtain any materials or information through any means not intentionally made available through Site;
(iv) perform any activity which is likely to cause such harm;
(v) carry out any "denial of service" (DoS) or any other harmful attacks on application or internet service or;
(vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Site.
(viii) You understand that, Site does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your Content and consequences of submitting Content on Site. You affirm and represent that you own Content or have relevant legal rights to use such Content which you submit on Site.
(ix) You further agree that, Content you submit shall not contain, in whole or in part, any third party copyrighted material or material that is subject to other third party proprietary rights.
(x) Company may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security here. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You should not use anyone else's account at any time, without the permission of the account holder.
(xii) Impersonate any person or entity, including, but not limited to, Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities.
(xiii) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
(xiv) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(xv) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other relative equipment’s of the Company;
(xvi) You shall not use the Site or materials in any manner that could damage, disable, overburden, or impair any Intel server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Site or materials or interfere with any other party's use and enjoyment of the Sites or materials thereto;
(xvii) You shall not attempt to gain unauthorized access to any web site or material, other accounts, computer systems or networks connected to any Company server or materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or materials; You shall not Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and/or
4.9. You further agree and assure to Company, that you shall not host, display, upload, modify, publish, transmit, update or share any information that —
a) belongs to another person and to which the user does not have any right to;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force;
e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
f) impersonate another person;
g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
h) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.1. You shall continue to own all intellectual property rights in Content uploaded by you, however you hereby unequivocally and irrevocably license to Company and its affiliates all rights to use Content posted by you or your trade name / organizational name / logo etc for any publicity, advertising and promotional purposes of Company.
5.2. You shall seek prior permission of Company before using in any manner whatsoever the name or logo or Intellectual Property Rights of Company whether with regard to Awards or otherwise. Any violation of this shall result in infringement action by Company against you.
6.2. Company also reserves the rights to change mode, method and the actual giving of Awards at any time during the evaluation of the application or nomination for deciding / selecting Awardees. Awards shall be non-transferable and must be accepted as awardee. No request for substitution shall be accepted by Company. Once the applicant/ nominator participate in Awards process, he shall abide by the decision of Company/Jury/Judges and shall not have the right to question the conduct/ process/outcome or decision of Awards whether in Courts or elsewhere.
6.3. Company shall have the right to use the information/details/disclosures submitted by the applicant / nominator as a part of Awards process or for its media coverage etc.
6.6. Company shall have the right to have this Content/ information/details/ disclosures audited by independent third party auditors. The decision of Company / Judges based upon the auditor’s report /certificate or otherwise shall be final and binding upon the applicant / nominator and no correspondence shall be entertained in this regard.
• Company’s subsidiaries and affiliates;
• Contractors and service providers,the Company uses to support its business and its Site, i.e. technical support, Officials, Retailers, etc.;
• Finally, when required by applicable laws or Court orders, or required by any authorities Company may disclose your information and personal data
6.8 Protecting your information and personal data is of primary concern to the Company. The information and personal data that is collected is stored on secure servers and Company otherwise takes reasonable precautions to protect it.However, Company cannot warrant and does not represent that, our level of security meets or exceeds any specific standards. No internet transmission is 100% secure, nor is stored data free from vulnerabilities. Company cannot guarantee the security of the Site, databases or services, nor can Company guarantee that the personal information you supply will not be intercepted while being transmitted over the internet. Company is not responsible for the actions of third parties.
7.1. You understand and agree that Company shall carry out Awards on an 'as-is' 'with all faults' and 'as available' basis. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement of intellectual property are disclaimed and excluded.
7.2. No representations, warranties or guarantees whatsoever are made by Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that Awards or Awards process will be uninterrupted, timely, secure, or error-free; (c) that the quality of any services, content, information, or other material on Site will meet your expectations or requirements; or (d) that any errors in Site will be corrected.
7.3. You agree that your participation in Awards by making applications or nominations and use of Site shall be at your sole risk. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with Awards and your use of Site thereof.
7.4. Company make no warranties or representations about the accuracy or completeness of this Site or its use or the content or use of any sites linked to this Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Site, (ii) personal injury or property damage, of any nature whatsoever, resulting from your accessing Site or participation in Awards, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Site.
7.5. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Site or any hyperlinked services or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution where appropriate.
8.1. In no event shall Company its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Site (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Site (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Site (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8.2. You specifically acknowledge that,Company shall not be liable for Content submitted by you or the related defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
8.3. Awards on Site are being organized by Company from its facilities in India and Company makes no representations that, Awards as on Site are appropriate or available for participation in other locations/ jurisdictions/countries apart from India. Those who access or use Site from other jurisdictions/ locations countries do so at their own volition and are responsible for compliance with their local applicable laws.
9.2. You hereby further agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to Content uploaded by you.
You hereby agree and undertake not to hold Company and/or or any of its group entities or affiliates, their respective directors, officers, employees, agents, vendors, franchisee’s responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that you may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of applying for or participation in Awards.
You may not transfer to anyone else, either temporarily or permanently, any rights to your application or nomination for the purposes of entering into Awards. Any attempt by you to do so shall not be acceptable to Company & shall result in your disqualification from Award.
d) Force Majeure
e) Applicable Law & Jurisdiction
Rights and obligations under Terms which by their nature should survive will remain in full effect after termination or expiration or completion of Awards.
g) Non Waiver
Any express waiver or failure to exercise promptly any right will not create a continuing waiver or any expectation of non-enforcement.
h) Entire Agreement
Name & address of Grievance Officer:
Mr. Ganesh Kumar B.
Titan Company Limited,
Address at No. 132/133, Divyasree Technopolis,
Yamalur Post, Off: HAL Main Road,
Bengaluru – 560037
Email: [email protected]
Contact No. 080-6660-9228.