1.Purpose and Scope

2. These terms of use including the privacy policy (“Terms of Use”) mandate the terms on which the users (“you” or “your” or “yourself” or “User”) access the Website www.vivelvedvidya.com (“Website”) operated and managed by ADSMN Interactive Pvt Ltd. (“us” or “our” or “we” or “ADSMN”). The Website has been licensed by ITC Limited to ADSMN. ADSMN is a company incorporated under the Companies Act, 2013, having its registered office at 407 De Elmas, Shravan Mansion, Sonawala Cross Road No.2, Near Udyog Bhavan, Goregaon East, Mumbai – 400 063 ITC LIMITED is a company within the meaning of the Companies Act, 2013 having its registered office at 37 Jawahar Lal Nehru Road, Kolkata 700 071. This Website merely provides a platform wherein the Users can submit their facial photographs and have the same converted into an interactive video.

a. By accessing the Website, taking any action on the Website and /or using our services offered on the Website, you accept this Terms of Use and agree to be legally bound by the same. Please read the Terms of Use carefully before using or accessing any material or content or information through the Website.

b.We retain an unconditional right to modify or amend these Terms of Use without any requirement to notify you of the same. Any subsequent modifications to the Website shall also be subject to the Terms of Use. It shall be your responsibility to check the Terms of Use periodically for changes. Your use of the Website shall signify your acceptance of the amended Terms of Use and your consent to such changes and agreement to be legally bound by the same.

3. Eligibility to Use Services

a. The Website is not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by us for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services from the Website under the applicable laws.

b. We reserve the right to refuse access to the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

4. Use of Website

a. Subject to compliance with the Terms of Use, we grant you a non-exclusive, limited privilege to access and use the Website. You agree to use the Website only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by us/other Users.

b. You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

c. You undertake not to host, display, upload, modify, publish, transmit, update or share any information/image that:

• belongs to another person and to which you do not have any right;
• 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;
• harms minors in any way;
• contains software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
• violate or solicit others to violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
• deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person or entity;
• defames, abuses, harasses, threatens or otherwise violates the legal rights of others; and
• is misleading or known to be false in any way.

d. Further, you undertake not to:

• engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
• attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any server, or through the Website, by hacking, password mining or any other illegitimate means;
• probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Website;
• collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
• use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or rights of other third parties;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; and
• violate the Terms of Use contained herein or elsewhere.

e. Except as expressly indicated herein, we hereby grant you a non-exclusive, freely revocable (upon notice from us), non-transferable access to view any content available on the Website, subject to the following conditions:

• You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
• You may not modify or alter the content available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make any Content on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Website.
• You are accessing the Website and the services provided therein at your sole discretion and risk.
• You may download files and/or upload the same on any other platform at your sole risk. ITC Limited or ADSMN shall not be responsible for the same in any manner to you or any third party.

5. Intellectual Property Rights

a. The Website and the processes, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Website is managed by ADSMN and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

b. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of ITC Limited (“ITC Limited”) or other respective third parties, as the case may be. You are not permitted to use the Marks without obtaining prior written consent from us or the said third parties, as the case may be.

6. Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

a. The Website and other Content are provided are on an “as is” basis without warranty of any kind. Without limiting the foregoing, we make no warranty that, (a) the Website will meet your requirements or your use of the Website will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the Website will be effective, accurate or reliable; (c) any errors or defects in the Website will be corrected.

b. We will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user Content.

c. We shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control.

7. Indemnity

You agree to defend, indemnify and hold harmless ITC Limited and ADSMN, their employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to ITC Limited/ADSMN or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws.

8. Privacy Policy

a.Type of information collected: Your facial photograph which you provide to us, voluntarily, while using the services provided on our Website (“Information”).

b.Your Representation: In relation to the Information, you represent that:

• you have all the rights, permissions and consents to provide such Information.
• You are providing the Information and our consequent collection, usage, transfer, access or processing of the same shall not be in violation of any third -party agreement, laws, judgments, orders or decrees.

c.Collection, Use, Processing and Retention of Information:

i.We use the Information only for the purpose for which the same has been furnished. Our primary purpose for collecting your Information is to allow you to use the Website and avail the services offered on the Website in a seamless and efficient manner, including:

• to provide, maintain, develop, protect and improve the Website;
• to understand your preferences and to enhance and customize your experience of using the Website;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and ADSMN Interactive Pvt Ltd;
• for internal purposes such as auditing, data analysis and research;
• to undertake necessary fraud and money laundering prevention checks;
• to comply with applicable laws, rules and regulations;
• for promotion and marketing purposes by ADSMN and/or ITC Limited or any person nominated or assigned by ITC Limited;
• for sharing such information with any third party, including any service providers and any associated entities;
• for any other legitimate business purposes.

ii.Your Information will be kept confidential to the maximum possible extent and in accordance with the provisions set out herein.

iii.We will retain your Information for as long as needed to provide you the services. We shall not retain such Information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force.

d. Disclosure and transfer of your Information

i.We may share/disclose/ transfer your Information with ITC Limited or any third party as necessary or appropriate:

• to carry out services on our behalf under contract;
• in any manner permitted under applicable law;
• to comply with any legal process whether local or foreign;
• to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
• to enforce our Terms of Use and policies;
• when we, in our sole discretion, deems it necessary in order to protect our rights or the rights of others;
• to protect our rights or property, privacy, safety or property, and/or that of our affiliates, you or others; and
• to allow us to pursue available remedies or limit the damages that we or others may sustain.

You expressly consent to the sharing of your Information with ITC Limited as necessary or appropriate.

e. Your rights in relation to your Information: You have provided the Information voluntarily provided to us. You have the right to withdraw your consent at any time in writing by sending an e-mail to us at support@vivelvedvidya.com, in accordance with the terms of this Privacy Policy. However, please note that withdrawal of consent will not be retrospective in nature and shall only be applicable prospectively. In case you do not provide your information or consent for usage of Information or subsequently withdraw your consent for usage of the Information so collected, we reserve the right to discontinue the services for which the said information was sought.

f. Security Practices and Procedures: We use reasonable security measures, at the minimum those mandated under the Information Technology Act 2000, and read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”), to safeguard and protect your Information. You accept the inherent security implications of providing privacy to your information shared with us and you will not hold us responsible for any breach of security or the disclosure of Information unless we have been grossly and wilfully negligent.

g. Force Majeure: Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your data/ information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic or any public health emergency, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, malware, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

h. Grievance RedressalAny discrepancies and grievances with respect to processing of your Information or any complaints in relation to the Website shall be informed to the Grievance Officer as mentioned below:

Email ID : support@vivelvedvidya.com

9. Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with the applicable laws of India. The courts of Mumbai shall have exclusive jurisdiction to try disputes, if any, arising out of or related to these Terms of Use.