Owned and Sponsored by Reserve Bank of India (“Sponsor”) and hosted on Application Programming
Interface Exchange (APIX).
BY PARTICIPATING IN HARBINGER 2023, YOU (“PARTICIPANT”) AGREE TO THESE TERMS AND CONDITIONS AND YOU WILL BE REFERRED TO AS PARTICIPANT(S)/PARTY.
Eligibility:
(i) The Hackathon is open to individuals (i) who are of age eighteen years and above and are eligible to enter into a contractual agreement, (ii) who possess a Minimum Viable Product (MVP) or a product available on the market or ready to be rolled out in the market or can develop an MVP in a month time and (iii) who have an element of innovation or novel application of technology serving common
good. Participants from all backgrounds and geographies are welcome, albeit knowledge about the Indian payment systems market and consumers is preferred.
(ii) Employees of Sponsor institution and its respective affiliates, subsidiaries, fulfilment or other coordinating agencies,
individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Hackathon period, are eligible to participate in the Hackathon in their individual capacity or as an independent entity subject to furnishing of permission from their/its Sponsor.
(iii) Participant must meet the Eligibility Criteria in order to register for the Hackathon. If Participant is
found not eligible or fails to meet the Eligibility Criteria at any time during the period of the Hackathon, Participant’s proposal(s) and/or technical solution will not be evaluated, and Participant will not be eligible for shortlist or final evaluation, or for any Award. The decision of the RBI shall be final and no correspondence shall be entertained in what so ever manner in this regard.
Participation:
(iv) Switching teams is not allowed.
(v) Sponsor is not responsible for, and will not assist in resolving, any disputes between team members.
(vi) The event is an online event and will not require any travel. However, if required to travel, the participants will make their own travel and accommodation arrangements and no travel / halting claims, etc., shall be entertained.
Limitation of Liability:
(vii) The Sponsor, its employees, and associated entities for the event will not, in any circumstances, be responsible or liable to compensate winners or participants or accept any liability for any financial loss or otherwise, damage, personal injury or death occurring as a result of participation in the hackathon or taking up a prize.
(viii) The Sponsor does not accept any responsibility for entries and work products not successfully completed or registered due to a technical fault, technical malfunction, computer hardware or a software failure, satellite, network or server failure of any kind.
(ix) Participant hereby covenants not to sue, and waives any right to sue, RBI, its officers, directors, employees, contractors, assigns, agents or other representatives for any claim related to or arising from Participant’s participation in the Hackathon.
(x) Participant agrees to indemnify, defend and hold harmless RBI, its officers, directors, employees, contractors, assigns, agents or other representatives from and against any and all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys' fees arising from any third party claim that Participant’s work product infringes or
misappropriates a third party’s rights.
Commercial Use:
(xi) Participant acknowledges and agrees that RBI or its affiliates cannot guarantee that any kind of business
relationship will be established with Participant, including without limitation as a vendor or partner to RBI. The Parties acknowledge and agree that there is no obligation on RBI to offer Participant any commercial arrangement, and no
obligation on Participant to accept the commercial terms if they are offered.
(xii) Each Party and Participants shall retain sole and exclusive ownership of its intellectual property, including
copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property").
(xiii) The Participants do not intend to create any joint Intellectual Property pursuant to this Agreement or in
connection with the Hackathon. In the event they decide to jointly create any new products or services, the parties shall agree to ownership rights in advance in a separately agreed upon document executed by them. The sponsor and/or its affiliates will not be take any role of facilitator/arbitrator etc.
(xiv) The Participant hereby grants to RBI, a worldwide, irrevocable, non-exclusive, non-transferable license to display and use Participant’s name, marks and logos as incorporated in their Participants’ work product and to publicise Participant’s participation in the Hackathon.
(xv) Participants acknowledges and agrees that nothing in this Agreement shall be deemed to grant Participant either
directly or indirectly, by estoppel or otherwise, the right to use any trademark of RBI or otherwise indicate that Participant is associated with, or endorsed by, RBI.
General Terms and Conditions"
(xvi) This hackathon is provided on an “as is” and “as available” basis with no warranty. To the fullest extent permissible by law, RBI expressly disclaims all warranties of any kind, whether statutory, express, or implied with respect to the Hackathon, except with respect to the gross negligence or willful misconduct of either party or its employees or a party’s indemnification obligations hereunder, and to the fullest extent permitted under applicable laws, in no event will either party
be liable to the other party for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with participant’s participation in the Hackathon, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise,
and whether or not the party has been advised of the possibility of such loss or damage.
(xvii) Both Parties shall comply with their respective obligations under applicable personal data laws. The Parties acknowledge and agree that as regards processing of personal data each Party acts as a data controller in respect of the processing of such personal data and it is not intended that either Party shall act as a data processor to the other Party in respect of any personal data unless otherwise stated in this Agreement.
(xviii) Nothing herein shall constitute an employment, joint venture, agency, partnership, business opportunity or franchise relationship between Participant and NPCI. Participant will not receive any compensation from NPCI in connection with the Hackathon.
(xix) The party shall abide by the decision of Jury which shall be treated as “Final” and shall not be subject to review on request of participants. The participants hereby declare to abide by all the statutory laws in connection to utilization of the prize money. In no case RBI and/or its affiliates shall be held responsible for such omissions and errors.
(xx) This Agreement contains the entire agreement between Participant and RBI regarding the Hackathon and supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral or written between the Parties with respect to the Hackathon. This Agreement shall be governed by and construed in accordance with the laws of Republic of India, without giving effect to any principles of conflicts of law, and the Parties agree to submit to the exclusive jurisdiction of the courts of Mumbai.
