Click-Through Non-Disclosure Agreement
This Click-Through Non-Disclosure Agreement (“Agreement”) is entered into as of today (“Effective Date”) by and between Wadhwani Operating Foundation, on behalf of itself and its affiliates (collectively, “WOF”), and you, the individual accessing the Wadhwani Venture Fastrack Platform (https://web.vft.wfglobal.org/) and any legal entity being represented by you (“you” or “your”). WOF and you will be individually referred to as the “Party” and collectively referred to as the “Parties”. WOF wishes to protect and preserve the confidential and/or proprietary nature of information and materials that may be disclosed or made available by you to WOF in connection with the engagement between you and WOF for the Wadhwani Venture Fastrack program, features and benefits (collectively, the “Membership Services”); and therefore:
- Confidential Information, Ownership, Non-Disclosure and Remedies: “Confidential Information” means any and all information and materials disclosed during the course of or otherwise in connection with the Membership Services provided that any Confidential Information that becomes publicly known through no wrongful act or omission of WOF shall no longer be a Confidential Information. Any/all Confidential Information shall remain your sole property. WOF shall hold Confidential Information in strict confidence and will not disclose such information to any third party. WOF will not use any Confidential Information for the benefit of itself or any third party or for any purpose other than for use consistent with the Membership Services. The obligations in this paragraph shall continue for two (2) years from the date of providing the Confidential Information. WOF acknowledges that, due to the unique nature of the Confidential Information, the unauthorized disclosure or use of the Confidential Information shall cause irreparable harm and significant injury to you. WOF agrees to take prompt reasonable remedial measures to rectify the breach failing which you have the right to terminate the Membership Services including request for immediate deletion of your data that was shared with WOF.
- Miscellaneous: This Agreement constitutes the entire understanding between the Parties concerning the subject matter. No amendment, cancellation, modification, or waiver of any provision of this Agreement shall be effective. The waiver by either Party of a default under any provision of this Agreement shall not be construed as a waiver of any subsequent default under the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, California, without reference to conflicts of law’s provisions. This Agreement and the rights and obligations hereunder may not be assigned or delegated by either Party, in whole or in part, whether voluntarily, by operation of law, change of control or otherwise, without the prior written consent of the other Party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. The Parties are independent contractors, and neither Party shall have any authority of any kind to bind the other Party in any respect whatsoever.
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “SUBMIT” BUTTON LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK THE “SUBMIT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE MEMBERSHIP SERVICES.