Terms of Use

These Terms of Use apply to Spark the Rise and Partner programs hosted on this website. Users wishing to apply for the Rise Prize must refer to the Rise Prize Terms and Conditions before proceeding with their application.

Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered by Mahindra & Mahindra Limited (“M&M” or the “Company”) under its Spark the Rise Program (“STR Program”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.sparktherise.com, all other sites owned and operated by M&M that redirect to www.sparktherise.com, and all sub-domains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

 

Summary of Service

M&M through its STR Program runs a platform where certain users ("Partners") run programs to fund organizations (“Start-Ups”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Start-Ups, Partners, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

 

Acceptance of Terms

 

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

 

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, "Programs: Incubation, Funding, and Services"). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

  • Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • You know is false, misleading, or inaccurate;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  • Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
  • Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • Impersonates any person or entity, including any employee or representative of the Company
  • Additionally, you shall not: (i) Take any action that imposes or may impose (as determined by the Company in its sole discretion) An unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) Bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) Run Mail-list, Listserv, or any form of auto-responder or "spam" on the Service; or (v) Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
  • You shall not directly or indirectly: (i) Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) Modify, translate, or otherwise create derivative works of any part of the Service; or (iii) Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
  • Start-Ups agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Partner’s program page, or is not related to fulfilling delivery of a service or activity explicitly specified in the Partner’s program page.

 

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, project name or any name or term that

  1. Is the name of another person, with the intent to impersonate that person;
  2. Is subject to any rights of another person, without appropriate authorization; or
  3. Is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.

You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

 

Programs: Incubation, Funding, and Services

  • Spark the Rise is a platform where Partners run programs to incubate, fund, or provide services to Start-Ups. By running a program on Spark the Rise, Partners are offering Start-Ups the opportunity to enter into a contract with them. By applying to a program run by a Partner on Spark the Rise, the Start-Up accepts that offer and the contract between Partner and Start-Up is formed. The Company is not a party to that agreement between the Partner and Start-Up. All dealings are solely between Users. 
  • By hosting a program on Spark the Rise or applying to a program on Spark the Rise, you agree to be bound by this entire Agreement, including the following terms:
  • Start-Ups agree to provide accurate information at the time of applying to a Partner program. 
  • Start-Ups may withdraw their application to a Partner program at any time during the application process to a Partner program. 
  • The estimated evaluation period on a Start-Up’s application which may or may not be listed on the Site is not a promise to evaluate by that date, but is merely an estimate of when the Parter hopes to finish evaluations by. 
  • Partners agree to make a good faith attempt to evalaute each application by its estimated evaluation period. 
  • For all programs, the Company gives to the Partners each Start-Up’s User ID, application, name and email. 
  • In some cases, Partners may need further information from Start-Ups, such as financial details, projections, product details, etc. to evaluate them. The Partners shall request the information directly from the Start-Ups at some point during or after the application process. To be selected by the Partners, the Start-Ups agree to provide the requested information to the Partners within the time stipulated by the Partner. 
  • The Company reserves the right to reject, cancel, interrupt, remove, or suspend a Partner program at any time and for any reason. The Company is not liable for any damages as a result of any of those actions. Company’s policy is not to comment on the reasons for any of those actions.
  • Company is not liable for any damages or loss incurred related to Partners running programs on Spark the Rise or Start-Ups applying to Partners programs on Spark the Rise or any other use of the Service. Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with programs on the Site. Company does not oversee the performance or punctuality of programs. The Company does not endorse any User Submissions. You release the Company , its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

 

Fees and Payments

Joining Spark the Rise is free.

 

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk and you will be subject to the terms and conditions of use applicable to such other website/ hyperlink (including, without limitation, such website's privacy policy). Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. The Company is not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses. You acknowledge that framing the Site or any similar process is prohibited.

 

Intellectual Property

By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

  • The Company is the owner and/ or the registered proprietor of the marks ‘Mahindra’, ‘Mahindra Rise’, ‘Rise', ‘Spark The Rise’ ‘Rise Prize’ as well as other trademarks indicated on each page of the Site (“Trademarks”). The Trademarks must not be used in connection with any product or service that is not in any manner connected or provided by the Company or its affiliates, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or its affiliates. 
  • The Company is the owner of all graphics, logos, page headers, button icons, scripts and service names present and visible on this Site. You agree that the Service contains Content provided by the Company and its Partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. All other trademarks not owned by the Company or its affiliates that may appear on this Site, are the property of their respective owners, who may or may not be affiliated with or connected to the Company. Nothing on this Site or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise, save as expressly provided.
  • Unless otherwise expressly stated, copyright, database right or similar rights in all material presented on this Site (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) is owned, controlled or licensed by the Company or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights. Unless with the Company’s prior permission no part of this Site may be reproduced or transmitted to or stored in any other Site, nor any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service.
  • You have limited permission to display, print or download extracts from these pages for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material in any way. Breach of any of these terms or other terms and conditions applicable to this Site shall result in immediate termination of the limited permission granted herein.
  • You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this Site without the Company’s prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the Site which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use.
  • You shall not upload on the Site or otherwise distribute or publish through the Site any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist or which is otherwise unlawful or designed to cause disruption to any computer systems or network. The Company shall be entitled without liability to the User and at its discretion to remove any such content from its server immediately. No User shall post any message to the Site which is in violation of the acceptable use policies in respect of this Site. The Company reserves the right to delete and remove all such postings. 
  • You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) Use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) The Service, (b) The Company’s (and its successors' and assigns’) businesses, (c) Promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) Take whatever other action is required to perform and market the Service; (iii) Allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) Use and publish, and permit others to use and publish, the User Submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
  • You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
  • You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. The Site cannot under any circumstances be used for commercial purposes by any user.
  • You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
  • The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
  • All information, postings, messages, comments or discussions publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The comments, postings and messages are opinions of the respective contributors or authors and do not necessarily reflect our opinions. The Company accepts no responsibility for and make no representations relating to any messages, postings, comments and discussions. The Company do not confirm or represent the legitimacy, accuracy, reliability, correctness or currency of any data or postings entered by a User. The Company do not and cannot review every message posted on the Site. Accordingly, the Company is not responsible for the content of the postings, discussions and messages.
  • The Company will not be liable for any errors or omissions in any Content or loss of data, information in any form or other matters whatsoever which result from the use of the Site.
  • The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
  • All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party. The Company will enforce appropriate sanctions against any of the Users of the Site who are responsible for abuse of the Site. Such sanctions may include, but are not limited to
    1. A formal warning,
    2. Suspension of access through the Site or machines,
    3. Suspension of access to the Site,
    4. Termination of any registration of the User with our Site or Services.

 

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Warranty Disclaimer

Neither the Company nor any of its officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates makes any representation or warranty of any kind, express or implied, as to the operation or use of this Site, or as to the information, content, or materials included on this Site. To the full extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security of information, accuracy, non-infringement, or arising from course of dealing or course of performance relating to the operation or use of this Site.
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
You acknowledge and agree that this Site and all the materials contained in this Site including historical information are on provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and the Company. Where such information relates to indications of future trends, events or circumstances, the fact is usually indicated by use of terms such as "expect", "plan", "intend", or such like. As future developments are subject to varying and frequently unforeseeable factors, no guarantee can be given as to the accuracy of statements made relating to such future trends, events or circumstances. Information provided on this Site does not constitute professional advice and/ or consultation.
To the full extent permissible under applicable law, neither the Company nor any of its officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates will be liable for any damages of any kind, including, but not limited to, actual, direct, indirect, incidental, punitive, or consequential damages, or damages that may arise from the use of, or the inability to use, this Site or materials or information contained on or available through this Site, whether the materials are provided by us or a third party.
This Site contains material in the form of information, price quotes or representations submitted by third parties and the Company accepts no responsibility for the Content or accuracy of such material nor do the Company make any representations by virtue of the Contents of this Site in respect of the guaranteed availability of any services advertised.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:

(i) Cancel, reject, interrupt, remove, or suspend a campaign or project;
(ii) Remove, edit, or modify any Content, including, but not limited to, any User Submission; and
(iii) Remove or block any User or User Submission. M&M reserves the right not to comment on the reasons for any of these actions.


The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) The Service will be secure or available at any particular time or location; (b) Any defects or errors will be corrected; (c) Any content or software available at or through the Service is free of viruses or other harmful components; or (d) The results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.


THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.

The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

 

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences.

 

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service (i) For any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) For any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) For any direct damages. some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

 

Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

 

Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over the Company or its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the courts located in Mumbai, India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

Entire Agreement and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

General

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.