Terms and Conditions

BY REGISTERING FOR THIS PROGRAM, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW.

These are the terms and conditions (these “Terms” or “Terms and Conditions”) to apply and/or benefit from The Farm by DICV – Startups Sparks – Edition 1-2020 an incubation Program for Startups (“Program”) run by Daimler India Commercial Vehicles Private Limited (“DICV”), a company incorporated under the Companies Act, 1956 having its Registered office at SIPCOT Industrial Growth Centre, Oragadam, Mathur Post, Sriperumbudur Taluk, Kanchipuram District - 602105 Tamil Nadu, India.

These Terms apply in full force and effect to your use of this Website and by registering in this Program, participants (“You”) expressly accept all terms and conditions contained herein in full.

1. ELIGIBILITY
   1. Program is open and offered only to:
      1. Early stage startups, SME, Entrepreneurs with innovative technologies, Ideas & business models, looking for scaling up.
      2. The product/ service should be at least in any of the following stages:
         1. Minimum Viable Product (MVP)
         2. Proof of Concept (POC)
         3. Deployed solution which requires further scaling up
      3. Startups applying should be in operations for less than 5 years.
      4. Should have received funding of less than ₹7 Cr.
      5. Startups should have less than 50 member team.
      6. Individual applicants should be at least 18 years of age on 1st of January 2020.
   2. This is Program is not for: (1) Employees of DICV or part-time, full time, contractual staff of DICV, its group companies, vendors, suppliers and business partners or, agents and affiliates; (2) the immediate family members of employees of DICV or part-time, full time, contractual staffs of DICV, its group companies, vendors, suppliers and business partners or, agents and affiliates; (3) anyone professionally involved in the development or administration of this Program; (4) employees of Central or State Government or any government Daimler Internal authority (5) employees or internally contracted vendors of governments and government-affiliated companies or organizations; or (6) any employee whose employer's guidelines or regulations do not allow entry in the Program or acceptance of the Program benefits.
2. PROGRAM BENEFITS
   1. At the end of the Program, shortlisted startups and/or winner team will require executing a separate Agreement with DICV to receive full Program benefits.
   2. Subject to these Terms and Conditions, once confirmed by DICV, shortlisted startups and/or winner team shall receive the following.
      A) INFRASTRUCTURE & TECHNICAL SUPPORT
      B) FUNDING AND FINANCIAL ASSISTANCE
      C) TRAINING AND MENTORING
   3. Program benefits are non-exchangeable and no alternative in lieu shall be offered.
   4. Program benefits cannot be transferred or assigned by the winner team.
   5. DICV reserves the right to modify the Program benefits with an alternative reward or award, if circumstances beyond DICV’s control makes it necessary to do so.
   6. Program benefits will be subject to tax deductions applicable at source. All taxes and other expenses, costs, or fees associated with the acceptance and/ or use of any benefits are the sole responsibility of winners.
   7. Any shortlisted startups and/or winner team failing to complete program requirements will be dropped from the Program. DICV may choose to invite other team to replace the team dropped from the Program.
3. PARTICIPANTS OBLIGATIONS
   1. All entries shall be submitted in English, allowing only one entry per participation. The entry once submitted cannot be modified.
   2. Any costs or expenses associated with preparation and submission of entry shall be borne by the participant(s). There is no reimbursement obligation / solicitation in this regard shall be entertained by DICV.
   3. Participant(s) warrant and represent that it owns all rights, or has all necessary licenses, to use any and all idea/s (and all constituent parts) submitted in this Program.
   4. Any business idea or material document submitted by the participant shall uphold the highest moral, ethical and legal principles.
4. GENERAL TERMS
   1. DICV’s decision (including the decisions of the jury appointed by DICV) is final and binding in all matters related to this Program, including interpretation and application of these Terms and Conditions. Participants shall not be entitled to assign or transfer any of the rights or obligations herein.
   2. Participant(s) understands and agrees that DICV may verify participant’s identity, registration information, eligibility or other information through a third party service provider. Participants hereby consent to such verification efforts and shall reasonably cooperate fully and in good faith with DICV throughout the duration of the Program.
   3. DICV reserves the right, in its sole discretion, to withdraw any application if found tampering with the registration or otherwise interfering with the proper administration of the Program. Further, DICV reserves the right to disqualify if:
      
      (i) Participant does not meet any of the eligibility criteria; or (ii) Participant breaches any of these Terms and Conditions of the Program or violated any applicable laws or regulations; or (iii) In DICV’s sole determination, it believes that the Participant has attempted to undermine the operation of the Program by fraud, malpractice or deception.
   4. DICV may cancel, modify, or suspend the Program at its discretion, including due to a force majeure event, without any further obligation or liability.
   5. In no event shall DICV be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control including acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion.
5. CONFIDENTIALITY
   1. All the information received by DICV in connection with the Program including but not limited to business plan/idea of the participant(s) shall, during and after the Program Period remain confidential and shall not be disclosed to any third party.
   2. DICV agree to use reasonable efforts to prevent and protect the Confidential Information including but not limited to business plan/idea of the participant(s) or any part thereof, from disclosure to any third person.
   3. DICV agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.
   4. Participant(s) shall treat all information and knowledge obtained by participant(s) in relation to and/or in connection with the Program and/or derived as a result of participation in the same, including without limitation DICV’s business and operational details, the contest selection criteria for the Program as confidential and the participant(s) shall, during and after the Program Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for any reason whatsoever.
6. DATA PROTECTION
   DICV is committed to protecting and respecting your privacy and will only use information in accordance with these Terms and Conditions. This website does not automatically capture any specific personal information from you that allows us to identify you individually. If you choose to provide us with your personal information, like names, addresses, phone number when you register, we use it only for the intended purpose of the Program.
   Please see our Privacy policy for more information.
7. INTELLECTUAL PROPERTY RIGHTS
   1. By participating in this Program, you acknowledge and agree that the submission is entirely your original work.
   2. If your submission is a subject matter of any patent, design or copyright application(s)/registration(s), whether wholly or partially, you shall furnish along with your submission in this Program, a disclosure of such application(s)/registration(s), its proprietors, inventors, authors and assignors in the online registration form
   3. You hereby undertake that your submission of business idea or any material document is your responsibility including any IP relating to it. You agree and own the responsibility of reviewing any violation and/or infringement of third party IP rights or any other legal or moral rights of any third party.
   4. You hereby agree to defend, indemnify and hold harmless DICV and its group companies, from and against all claims, costs, penalties, fines, losses, and damages by whomsoever brought or alleged, arising out of or related to infringement of a patent or patents, copyrights, trademarks or any other intellectual property right, contained in the business idea or material document submitted to DICV pursuant to the Program. This indemnification shall survive completion of the Program.
   5. You must not use any Intellectual property rights, including brand names, logos, product names, materials and documentation of DICV and its group companies, in connection with the Program or in any other way without express written consent from DICV.
   6. You hereby expressly authorise DICV free of all costs, to use your submitted idea for the purposes of the operation of this Program, including as required to review and consider your application and in promotional activities of the Program.
8. NO LIABILITY AND RELEASE
   By participating in the Program, Participant(s) agree and hereby release, discharge, hold harmless and indemnify DICV, its group companies, vendors, suppliers and business partners and all of their respective officers, directors, employees, contractors, representatives (“Released parties”) from any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons.
9. GOVERNING LAW & JURISDICTION
   These Terms will be governed by and construed in accordance with the laws of India and you hereby consent to the exclusive jurisdiction of courts of Chennai regarding any disputes arising out of or in connection with this Program.
10. ENQUIRY
    For any enquiries regarding the Program, please contact DICV by mail at the address below addressed to attention:
    
    Shrikumar V Unnithan
    Head – International Business & Beyond Trucks
    Daimler India Commercial Vehicles Pvt. Ltd.
    SIPCOT Industrial Estate, Mattur P.O, Oragadam Village, Sriperumbudur Taluk,
    Kancheepuram District, Tamil Nadu, Chennai – 602105, India