Acceptance of the Terms and Conditions

The registration of an Application on NSPIRE website will be considered as acceptance of these Terms and Conditions. FAQs (Frequently asked Questions) on the www.nspire.com.pk are considered to be part of these Terms and Conditions of NSPIRE monitored by NETSOL Technologies Limited (NETSOL). The terms and conditions at www.netsolpk.com so far as applicable shall equally apply to all users of this website. These Terms and Conditions may be amended from time to time at the option of NSPIRE and/or NETSOL and such amended terms and conditions shall have effect on all users irrespective of the phase or period of use.

NSPIRE and/or NETSOL reserves the right to cancel, amend or suspend any aspect or criteria of the application or the selection process or to change the number of Applicants to be selected as it deems appropriate. Applicants will be deemed to understand and accept that they will be solely responsible for making their Applications at their own expense and risk.

Each of the Applicant(s) guarantees that the content of its submission is its original creation and does not infringe any rights including third-party intellectual property rights and that the content is not unlawful, nor has it been created in breach of any contractual obligation it may hold vis-à-vis a third party or otherwise.

NSPIRE reserves the right to automatically disqualify any Applicant which in NSPIRE’s opinion seeks to bypass or interfere with the selection process or which engages in any untoward practices and/or which avails itself of any practices that may be considered as contrary to the spirit of NSPIRE.

The Applicant hereby authorizes and confirms that it has obtained all necessary consents so that NETSOL and/or NSPIRE may indefinitely use its name and image in advertising material in connection with the submission process and/or with the activity of NSPIRE, by any means permitted in law, at no charge.

In submitting its application, the Applicant does not grant NSPIRE any rights other than those set out in these Terms and Conditions, unless it expressly agrees to such.

The information provided by the Applicant must be correct, truthful and complete, and the Applicant must take full responsibility for any inaccuracies. If not, NETSOL and/or NSPIRE will be entitled, without prejudice to any other legal means at its disposal, to withdraw, refuse or suspend the rights granted to the Applicant through these Terms and Conditions.

The Applicant accepts that NSPIRE takes the final decisions concerning the selection of Applications. The Applicant acknowledges that even if NSPIRE accepts its Application, it is not obliged to select it further in the selection process and/or incubation process or other programs.

NETSOL and/or NSPIRE do not guarantee the availability and continuity of operation of NSPIRE web portal and of the services hosted on any subdomain, and consequently it does not guarantee that this portal will operate in a permanent and flawless manner, nor will it take any responsibility for any damage or loss incurred by the Applicant due to the non-utilization or the impossibility of utilizing the information or services provided through NSPIRE web portal or hosted in any subdomain.

NETSOL and/or NSPIRE shall not be liable for any damage or loss that may be incurred by interference, omissions, interruptions, computer viruses or disconnections of the portal/website and the services for any cause, including causes beyond the control of NETSOL. The Applicants will undertake all responsibility for the interpretation and use of the information on the website/portal or any service hosted on any subdomain. NETSOL accepts no responsibility for the reliability or utility of the services provided by third parties through NSPIRE subdomains.

NETSOL and/or NSPIRE reserve the ultimate right to judge acceptable use. NSPIRE may change, delete or de-activate any Applicants information as required to ensure acceptable use without any liability whatsoever.

Indemnification

Each of the Applicant(s) undertakes to indemnify and hold NSPIRE and NETSOL harmless in entirety against any claims by third parties in relation to the Application, ideas or innovative items contained in its Application. To this end it undertakes to submit Applications only in respect of unencumbered and undisputed ideas and property. Applicants agree to defend, indemnify and hold harmless NSPIRE and NETSOL, its Management, officers, directors, employees, agents and all third parties against all and any losses, costs, liabilities, expenses and damages of all nature whatsoever or against any claims by third parties, including reasonable attorney’s fees relating to or arising out of use of this website, its services, any violation or intended violation of these Terms and Conditions and violation of all applicable laws and procedures. All and any disputes including those of any third parties shall exclusively be the liability if the Applicants and users.

Rights in relation to the Application

Without prejudice to subsequent agreements, by merely taking part in the application process, the Applicant will not lose or otherwise assign ownership in relation to any rights that may arise from its Application.

NETSOL may assign and transfer any of its rights and obligations under these Terms and Conditions to any affiliated company.

Intellectual Property Rights

All Applications remain the property of the Applicants. It is up to the Applicants to take the necessary measures if they feel that their idea requires specific protection. They have to be aware that NSPIRE and/or NETSOL will evaluate hundreds of submissions, many of which may include similar ideas. Although NSPIRE and/or NETSOL may not sign any non-disclosure agreements or other agreements during the submission process and until beginning the Incubation Process, NSPIRE and/or NETSOL undertake not to use the information furnished by the Applicant for any purposes other than those arising from this document.

Trademarks

NSPIRE and/or NETSOL and the Applicants retain all rights, ownership and interests in their respective registered trademarks. Neither NSPIRE and/or NETSOL nor the Applicants will use the trademarks or any other trademark or brand name of the other party or any words, symbols, or similar designs that may be confused for them, either as part of their name/corporate name, or as part of the name of any product whether of itself or of its counterparty.

Trademarks, notifications, brand names, commercial advertising, drawings, designs, logos, texts etc. appearing on NSPIRE web portal or used in the services hosted on any subdomain are the exclusive property of NETSOL or of third parties which have issued it with prior express authorization to use same. Any use or operation by any means of any contents on NSPIRE web portal or the services hosted on any subdomain is prohibited without prior consent in writing by NETSOL.

The design and contents of the portal and the services are protected pursuant to the stipulations of national and international regulations concerning protection of industrial property and copyright, and NETSOL prohibits any: amendment, copying, distribution, transmission, deployment, publication, editing, sale or exploitation in any way of the design and contents of NSPIRE web portal or the services hosted thereon.

Limitations on Use

The Applicant is aware and accepts that it may not use NSPIRE website to:

• Upload or send any contents that may be in breach of the law or public morals or any other contents that are damaging, abusive, disrespectful, defamatory, vulgar, obscene, invasive, racist, xenophobic or otherwise objectionable.
• Cause harm to individuals or groups in any way.
• Carry out any unlawful or fraudulent act.
• Upload or send any contents without the rights required to do so. Nor may any commercial or advertising contents be sent, uploaded or otherwise transmitted.
• Upload or send any contents in breach of any intellectual property rights, however, whatsoever and wherever arising.
• Upload or send any material containing viruses as files designed to interrupt, destroy or limit the functioning of software, hardware or telecommunications equipment.
• Interfere with or violate any policies of the platform or any connected network or third party service provider.
• Intentionally or accidentally violate any laws applicable at local, national or international level.
• Collect or store personal information concerning other participants.

NSPIRE and/or NETSOL will be entitled to remove any contents that infringe these Terms and Conditions. The Applicants will assume full responsibility for the use of any own or third party content, either partially or totally. Without prejudice to the above, NSPIRE and/or NETSOL will be entitled (though not obliged) to reject any contents and eliminate same from any of its processes and platforms.

Responsibility

Applicants will be responsible for all direct or indirect or contingent damage that is caused or may be caused by infringement of these Terms and Conditions. Applicants will likewise be responsible in the same terms for infringement of the rights of third parties through their participation by means of supply of work or contents to the Application, and will indemnify the third parties concerned and NSPIRE and/or NETSOL for any damage caused by any claims instigated, judicial or extra-judicial proceedings, including in all cases the fees of lawyers, defense teams and other professionals, due to non-compliance with the obligations described above.

Should Applicants fail to meet the commitment undertaken by acceptance of these Terms and Conditions, they will be liable for any damage caused to NSPIRE and/or NETSOL or its related parties. Liability will include immediate, contingent and future consequences. The commitment undertaken herein will take effect from acceptance of these conditions and remain in force and effect until five years after termination of their Application.

Disclaimer of liability

Under no circumstances will the submission of an Application, utilization of same by NSPIRE and/or NETSOL or any stipulations in these Terms and Conditions be interpreted as an offer or a contract of employment with NETSOL or any other relation of any kind or nature whatsoever. Through this document the Applicant acknowledges that it is sending its Application voluntarily.

NSPIRE and/or NETSOL, its Management, officers, employees and/or all third parties will not be liable to Applicants or any third person for any damages or losses whether indirect, consequential, incidental exemplary, incidental, special or punitive damages, including loss, theft or damage of whatsoever nature arising from the use of this website or its services or otherwise under any theory of law. NSPIRE and/or NETSOL will not be responsible or liable for any damages arising out of Applicants conduct or conduct towards Applicants, either directly or indirectly, including without limitation, bodily injury, emotional distress or property damage arising from the use of this website or its services.

These covenants shall be equally applicable to all Incubator’s partners and their employees or collaborators, the mentors and judges.

Processing of personal data

The Applicant grants its consent for the data obtained through its participation (including any personal data) to be processed and used generally by NSPIRE for registration, participation, analysis of Applications and incubation. Reasonable confidentiality and computer security measures will be applied in order to prevent alterations, loss, unauthorized processing or accessing of the data.

Jurisdiction and Applicable Law

These Terms and Conditions and any non-contractual rights arising out of or in connection with them shall be governed by and construed in accordance with the laws of Pakistan. The parties irrevocably agree that the courts of Lahore have exclusive jurisdiction to settle any disputes, and waive any objection to proceedings before such courts on the grounds of venue or on the grounds that such proceedings have been brought in an inappropriate forum.