LoU WE-WOF-Student (Ignite)
UNDERTAKING FOR THE WADHWANI ENTREPRENEUR PROGRAM
This LETTER OF UNDERTAKING (“Undertaking”) is made by:
An individual desirous of undergoing the Ignite program, (hereinafter referred to as “Student”), in favor of:
Wadhwani Operating Foundation, a California nonprofit public benefit corporation, with offices at Four Main Street, Suite 210, Los Altos, CA 94022, hereinafter referred to as “WOF” (which expression shall, unless it be repugnant to the subject or context thereof, include its successors and permitted assigns).
- The Student shall mean a natural person that executes this Undertaking and is onboarded on to learning tool and registers for the Ignite program (“Program”) to avail the benefits of various services, knowledge resourse and/or mentoring, offered by WOF and its partners through the Program.
- The Program has been developed with the objective to inspire, educate, support and improve the success of Student to gain entrepreneurial knowledge to be able to initiate and survive and grow ventures. It allows access:
- to online and offline connects to one or more resources such as faculty, coaches, subject matter experts, business mentors and service providers, collectively called “Advisors”;
- to structured course material, knowledge resources, tools and other content via mobile or web-based application(s); and
- to an expert helpdesk.
NOW, THEREFORE, the Student hereby understands and undertakes that:
- To share information that may be requested through the Program for the purpose of the Program and for accessing the effectiveness of the Program on its business activities.
- In consideration of the course material, coaching, mentorship and guidance provided through the Program, the Student undertakes to ensure that sufficient time and effort is devoted as requested by WOF for being a subject in the studies, surveys and cases being authored by WOF and also participate in video/mails/interviews/podcasts or any social media campaign during the interactions with WOF for building a repository of learning resources. With regard to the above, the Student grants to WOF, the absolute right and permission to photograph, film and record (in any medium) the Student’s likeness or image, including the right to use the same worldwide in any and all media, whether now known or hereafter devised, in whole or in part, in perpetuity, for any lawful purpose whatsoever without restriction. The Student also grants to WOF a non-exclusive, irrevocable, worldwide, royalty-free license to reproduce, distribute, and publicly display the foregoing content in any and all media, in any locale, in perpetuity, for any purpose whatsoever. The above right shall not be subject to any reversion due to desuetude or efflux of time.
- The Student shall provide constructive feedback on Net Promoter Score related surveys conducted by WOF.
- The Program, including all Content, is provided “as is” and “as available”, without any warranties of any kind. To the fullest extent permissible under applicable law, WOF (including its affiliates, licensors, agents and representatives) disclaims all warranties, express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, WOF does not represent or warrant that: (a) the Content is correct, accurate or reliable; (b) the functions available via the Program shall be uninterrupted or error-free; (c) defects shall be corrected, or that the software applications or the server that makes it available is free of viruses or other harmful components; or (d) the Program will enable the achievement of any results. The Student hereby acknowledges that use of the Program is at the Student’s sole risk. The provision of the Program and Content to the Student by WOF (including its employees, affiliates, or licensors or employees thereof) shall in no event be deemed to constitute sale of any products/services, as the same are being provided pro bono and for facilitation of Student’s business, and as such the provisions of the Consumer Protection (E-Commerce) Rules, if any, shall not be applicable.
- The Student agrees and acknowledges that under no circumstances shall WOF or any of its affiliates, licensors, officers, trustees, beneficiaries, agents, consultants, sponsors, managers, mentors, representatives, or any of the Advisors be liable for any claims/losses that directly or indirectly result from the use of the Program, Content, or Material. The Student shall protect, reimburse, and hold harmless the above persons in relation to such claims/losses.
- If the Student chooses to engage directly or indirectly with Advisors and the Advisors accepts such engagement then such engagement shall be at arm’s length, takes place outside the Program and this Undertaking, and the parties to such engagement shall mutually agree to the terms and conditions of such engagement, including whether such engagement, between the Advisors and the Student, is pro bono or paid for. WOF, (including its sponsors, funding entities, settlors, mentors, affiliates, licensors, agents and representatives) shall in no way be associated or held liable for, or in relation to, any engagement between the Student and the Advisors.
- This Undertaking shall be effective from the date of on-boarding of Student for the Program and shall be governed and interpreted pursuant to the laws of United States of America. The Student expressly agrees that exclusive jurisdiction to decide disputes under this Undertaking vests in the courts of Santa Clara, California. If any part of Undertaking is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.