Except as otherwise provided in this Policy, in general, you can visit/use our Sites/Apps without identifying who you are. Hero will provide you with the option to deal with Hero without identifying yourself where it is lawful and practical. However, particular sections on our Sites/Apps may require you to provide personal information in order that we may provide the products/services or information you have requested while visiting/using our Sites/Apps.
Personal Information means any information that may be used to identify an individual. This includes but is not limited to: first and last name, email address, mailing and residential address, telephone number, title, birth date, gender, occupation, your profession and other information needed to provide a service you have requested.
Sensitive personal data or information means personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
WHAT PERSONAL INFORMATION WE COLLECT?
A. Personal Data:
Information you give us
We may collect any Personal Information shared by you on our Sites/Apps. Depending upon the Site(s) and context, this information may include the following:
· Contact Information. Name, phone number, address, city, state, postal/zip code, email address.
· Demographic information. Date of birth, gender, occupation, country of origin, educational details, employer details.
· Payment Information: On certain Sites/Apps like https://www.vidaworld.com credit/ debit card details etc. and other payment information (account number, account type, bank names etc.) may be collected. This information is used solely to process your transaction.
· Account Information. If you create user account on some Sites/Apps like https://www.vidaworld.com, we collect username/name, password, email, mobile number, and answers to your security question.
· Third party data i.e. Personal Information of your relatives & friends etc. If you provide us
B. Information collected automatically
· Log information
Depending upon the Sites/Apps or context, we automatically collect and store certain information that your browser sends whenever you visit our Sites/Apps in server logs ("Log Data"). This includes:
· Details of how you used our Sites/Apps
· Internet protocol address
· Device event information such as caches, system activity, hardware settings, browser type, browser language, the date and time of your visit, time spent on those pages and other statistics and referral URL.
· Cookies, web beacons and other similar technologies that may uniquely identify your browser or your Account. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Sites/Apps.
· Cookies, Web Beacons and Tracking Codes:
Cookies are small text files that a website downloads onto your computer or other internet-enabled devices (such as mobile phones and tablets) when you visit a website. The cookie will help the website recognise your device the next time you visit.
We may use both session cookies (disappear after you close your browser) and persistent cookies (remain after you close your browser and may be accessed every time you use or connect to our Sites/Apps). We may collect information like user’s IP address, geographical location, browser/device type and version, operating system, referral source, device, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of user website use through "cookies".
You can block cookies by activating the setting on your browser that allow you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site, or they may not function properly.
· Social Media Widgets
Our Sites and applications may include social media features connected with social media platform such as Facebook, Twitter, Instagram, Snapchat, Google Plus, Pinterest, YouTube and others. These features may collect information about your IP address and which page you are visiting or features you are using, and may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our Sites/Apps. Your interactions with those features are governed by the privacy policies of the respective companies/entities that are providing the social media platforms.
· Tracking code in website analytics, a tracking code is a snippet of script that tracks the activity of a website user by collecting data and sending it to the analytics module. The code is generated automatically, is different for each website, and can be installed on each page that needs tracking.
HOW WE COLLECT THE INFORMATION?
Hero will generally collect your personal information directly from you. This may be achieved through your interactions with Hero including interactions via our Sites/Apps, other social media applications or internet sites, telephone, email or writing to us.
Hero may also collect your personal information from a third-party source, such as our vendors, business partners, government authorities and judicial authorities etc.
WHY WE COLLECT THESE INFORMATION?
Unless otherwise provided in the Policy, we may use personal information collected from the Sites/Apps in various ways including:
· To facilitate or fulfil the information, products or services you have requested.
· To contact the User for confirming your registration on our website.
· To communicate with the User to respond to his/her queries or seeking feedback or resolving disputes on the product and services.
· For business, marketing and promotional purposes such as sending information about special promotions, programs, schemes, offers, new features, plans on products/services and marketing communications that we believe may be of interest to you.
· For the legitimate business interest, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. To consider an application for career with Hero.
· To consider an application from prospective Vendors for partnering with Hero.
· To educate you about us, our products and services..
· For getting your feedback on our product and services and improvise it further.
· For maintenance of high quality and standards of products and services.
· To understand your interest to improvise the content and performance of our Sites/Apps
· To send you important information regarding the Sites/Apps, changes in terms and conditions, user agreements, and policies and/or other administrative information
· For internal business operations including:
1. Reviews and data analysis for the website (e.g., to determine the number, category of visitors to specific pages within the website).
2. To manage, operate, maintain and secure our Sites/Apps, network system, and other assets and to customize/personalise your experience with us, which may include displaying content based upon your preferences.
3. For the purposes of analysing the use of the Sites/Apps, enabling and monitoring your use of our Sites, /Apps operating our Sites/Apps, ensuring the security of our Sites/Apps, for maintaining back-ups of our databases.
4. To help diagnose problems with our server, and to administer our Sites/Apps.
· To comply with our legal obligations or as otherwise permitted by law.
· To investigate potential breaches, or to protect the rights, property or safety of Hero, the Users of our Sites/Apps or others.
· For any other purpose necessary or incidental to our business.
· For any other purpose for which you give your consent.
In the event we use your Personal Information for other purposes, not specified above, we will inform you about the specific purposes for processing of your personal information and, when required, our basis for doing so at the time we collect the Personal Information from you to the extent required by law.
For the purposes of clarity, we may also use your personal information in combination with information we obtain from third parties about you for the same purposes described above.
In the event that you provide any personal information on any of our Sites/Apps, you consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations, including those that may have different levels of privacy protection than in your own country.
THIRD PARTY LINKS:
RETENTION, PROCESSING AND STORAGE OF INFORMATION:
Your personal data processed by Hero are kept in a form which permits your identification for no longer than is necessary for the purposes for which the personal data are processed in line with legal, regulatory, contractual or statutory obligations as applicable.
At the expiry of such periods, your personal data will be deleted or archived to comply with legal/contractual retention obligations or in accordance with applicable statutory limitation periods.
TO WHOM WE SHARE YOUR INFORMATION WITH?
We may share the Personal Information collected from the Sites/Apps with third parties as outlined in this section.
Our parent company, subsidiaries, joint ventures, group and associate companies. These entities may use this information for the purposes outlined above.
1. Business Partners
(i) Service Providers who may need information about you in order to perform their functions w.r.t. sales & after sales support and other allied services including but not limited to authorised dealers, distributors, service partners, call centre operators, marketing contractors, social media website providers, data entry service providers, IT agencies operating handling or maintaining Sites/Apps, storing/processing information, overseas service providers who work for us etc.
(ii) Vendors who are business associates of Hero like suppliers, research and development vendors, professional advisors, agents, representatives etc.
1. Other Partners
Any third party with whom Hero co-brand or partner with or collaborate with or with any other third parties as may be necessary for Hero’s business purposes or to investigate potential data incidents or to protect the rights, property and safety of Hero and the Users of our Sites/Apps or others.
1. Legal Authorities
We may share your Personal Information in response to any notice, order, investigation or demand or request or any other communication from a law enforcement agency which necessitate or mandate the sharing of such personal information, or to otherwise comply with applicable laws.
1. Changes in Corporate Structure or Bankruptcy
In the event that Hero is involved in a merger, acquisition, reorganization or sale of assets, bankruptcy, your information may be transferred as part of that transaction. We also may retain a copy of such information.
We DO NOT use or disclose Information for purposes other than as mentioned in this Policy, except with the consent of User providing such Information or as required by law.
INTERNATIONAL SHARING AND / OR TRANSFERS OF YOUR PERSONAL INFORMATION
Hero is a global company and therefore uses global dealers, distributors, vendors, subcontractors and other business partners, as well as global IT systems and applications. We may require the transfer of PI/SPI to other third parties that are located outside of the Hero s country of business. We shall develop a standardized approach for protection of data moving across borders. We will adopt appropriate technical and administrative controls that apply well to cross border data flows to act as an accountability framework for information management as a whole and including natural checkpoints for each step of international transfer.
If you are citizen of European Union/European Economic Area (the "EU/EEA") the following terms apply to your Personal Information: Your Personal Information may be shared with and / or transferred to our global affiliates and to our employees, contractors and business partners who work for us and are located outside the EU/EEA for the purposes described in this Privacy Statement. If this is the case, we will take legally required steps under the General Data Protection Regulation ("GDPR") to ensure that adequate safeguards are in place to protect your Personal Information in accordance with this Privacy Statement.
ACCESS AND ACCURACY
Hero wants to maintain only accurate information about the users. You can request access to your personal information by contacting us at email@example.com. Upon receipt of appropriate identification information, and where required by applicable Data Protection Laws, Hero will provide you with access to the information that it maintains about you.
At Hero, we take your privacy very seriously, and we never monetize your information; we use it to enhance your experience. When it comes to your privacy rights, we want to make sure you have everything you need to make informed decisions. You have the right to:
· Right of Access - You have the right to be informed why and how we collect your personal data, how we will use this information, who we share it with, what are the security measures we take to protect this information and what your individual rights are; We will publish this information in this Privacy Notice. Hero shall provide a copy of the personal information undergoing processing. For any further copies requested, please note that Hero may charge a reasonable fee based on administrative costs.
· Right to Rectification - You have the right to get your inaccurate or incomplete data rectified/ updated.
· Right to Erasure - Except in very specific cases where provided by law, you have the right to request that we delete any Personal Information which we are holding about you.
· Right to Restriction of Processing - Except in very specific cases where provided by law, you have the right to restrict processing of all or some of your personal information (e.g., if we have no legal right to process it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
· Right to Data Portability - You have the right to receive your personal information or to transmit that information to another controller in a structured, commonly used and machine-readable format.
· Right to Object to the Processing - You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you. Such right can be exercised at any time where your personal data is processed for direct marketing purposes.
· Right to object being subjected to a decision based solely on automated processing, including profiling.
· You may opt-out of receiving non-essential (promotional, marketing-related) communications from us & or our Affiliates / Business Partner / Other Partners/ Third Parties. If you want to opt-out from any such communication as mentioned above, then you may send an email to DPO email ID (as mentioned under Contact Us section of this policy).
At any stage, you can withdraw your consent to the retention/storage/processing of your Personal Information and Hero shall erase the Personal Information withdrawn by you unless there is a contractual obligation or legal requirement/obligation to retain/hold it or otherwise permitted/required by law to retain it. However, upon such withdrawal, the Company will not able to communicate with you and provide you with certain information on product and/or services which are required for fulfilment of any obligation.
Hero may be allowed by law, in particular, in case of excessive or manifestly unfounded request, to charge a fee for fulfilling your request, subject to applicable conditions. The relevant contact details of Data Protection Officer are provided in this Policy.
How to Submit a Request?
You may submit a request to exercise your rights by following below steps:
· Download and fill the DSR form attached below
· Submit the DSR form on the following email - firstname.lastname@example.org
HOW WE PROTECT YOUR INFORMATION?
Our Sites/Apps have stringent security practice and measures in place to protect the personal information provided to us. Our database stores Personal Information in secure environment that are designed to safeguard it from loss, misuse, wrongful disclosure, destruction and alteration. The security measures are reviewed periodically by Hero to keep pace with business, technology and regulatory changes.
· The security and confidentiality of your Personal Data is important to us and Hero has invested significant resources to protect the safekeeping and confidentiality of your personal data. When using external service providers acting as processors, we require that they adhere to the same standards as Hero. Regardless of where your personal information is transferred or stored, we take all steps reasonably necessary to ensure that personal data is kept secure.
· We have physical, electronic, and procedural safeguards that comply with the applicable laws to protect personal information about you. We seek to ensure compliance with the requirements of the GDPR and the regulatory requirements to ensure the protection and preservation of your privacy.
· We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
Phone: +91 11-46044100
The Data Protection officer shall expeditiously redress the grievances, but within reasonable time as may be provided/permissible under applicable laws.
Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in any email to us.
Hero MotoCorp Ltd, at its sole discretion, may change the terms, conditions and operation of its website (the "Site") / App at any time. By using the services of the site / App of Hero MotoCorp Limited, the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against Hero MotoCorp Ltd.
The content available through the Site / App is the sole property of Hero MotoCorp Ltd or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Hero MotoCorp Ltd-owned content received through the site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Hero MotoCorp Ltd advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without Hero MotoCorp Ltd.’s express prior written consent.
Hero MotoCorp Ltd reserves the right to change the terms, conditions and notices under which this website / App is offered. You are responsible for regularly reviewing these terms and conditions.
Hero MotoCorp Ltd takes reasonable steps to ensure security of website / App but Hero MotoCorp do not warrant that this website / App or any e-mail sent from us, is or will be free of any virus or other harmful components, and we don’t not make any representations or warranties of any regarding the consequences of downloading any software, information, or materials from website / App. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of website / App.
Hero MotoCorp Ltd and its advertisers, suppliers and licensors provide the site and its services on an "as is where is" basis and without any warranty or condition, express or implied. Hero MotoCorp Ltd and its advertisers, suppliers and licensors specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and warranty of non-infringement.
Without limiting the foregoing, Hero MotoCorp Ltd shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of the use of this site or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby specifically waive and give up, unconditionally and absolutely, any claims that these exclusions deprive you of an adequate remedy.
You acknowledge that Hero MotoCorp Ltd may form partnerships or alliances with some of its vendors from time to time in order to facilitate the provision of various products and services to you on its site. However, you acknowledge and agree that at no time is Hero MotoCorp Ltd making any representation or warranty regarding any third party's products or services, nor will Hero MotoCorp Ltd be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Hero MotoCorp Ltd with respect to any third party products and services, whether available on the site or otherwise, to the maximum extent permitted by law.
This user agreement (“Terms and Conditions” or "T&C" or “Terms” or "Agreement") is between You (“You” or “End User” or “or “User”, “Registered User”) and Hero MotoCorp Limited (“Company” or “Us” or “We” or “HERO”).
The domain name www.vidaworld.com (hereinafter referred to as "Website") is owned, maintained and operated by Hero MotoCorp Limited.
2. ELIGIBILITY OF USER
Usage/browsing on the Website is free for visitors. HERO does not charge any fee for browsing the Website.
Use of this website, is allowed only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you are not eligible to use the website and may only use the website with the involvement of a parent or guardian.
3. THESE TERMS & CONDITIONS MAY CHANGE
4. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
b. You agree and confirm that, if you or HERO terminates your use of the Website or any service therein, HERO may delete any content or other materials relating to your use of the Website and will have no liability to You or any third party for doing so. In case you have created a login for the website, you are solely responsible for maintaining the confidentiality of your user ID/your account/display name and password and for restricting access to your computer or any other device used to access the website/App and to prevent unauthorized access to your account and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under your account and password. User can also deregister and delete account from website with or without cause /reason.
You ensure that you exit from your account at the end of each session. Hero shall not be liable for any loss or damage arising from your failure to comply with this requirement.
c. Use of the Website:
You agree, undertake and confirm that your use of website shall be strictly governed by the following binding principles:
1.You shall not host, display, upload, modify, publish, transmit, update or share any information which:
· belongs to another person and to which you do not have any right to use;
· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 as amended from time to time and other applicable laws;
· is misleading in any way;
· is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person;
· involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
· promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
· infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
· promotes an illegal or unauthorized copy of another person's copyrighted work (see "Intellectual Property Right Complaints" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links.
· contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
· provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
· provides instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses;
· contains video, photographs, or images of another person;
· tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
· interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
· harm minors in any way;
· infringes any patent, trademark, copyright, trade secret or other proprietary rights of HERO or any third party;
· violates any law for the time being in force;
· deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
· impersonate another person;
· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
· threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
· shall not be false, inaccurate or misleading;
· shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
· shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
2. If you believe that any content on the Website is affected due to above points, you shall immediately notify us in writing. HERO will make all reasonable endeavours to remove such content complained about within a reasonable time.
3. Any non-compliance of use of website would be dealt as per the policy.
6. ELECTRONIC COMMUNICATIONS
When you visit the website or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or via any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) from us with respect to your use of the website.
7. INTELLECTUAL PROPERTY RIGHTS/ TRADEMARK, COPYRIGHT AND RESTRICTION
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HERO and/or, its affiliates or its content suppliers and is protected under trademark and copyright laws and other relevant law(s) as applicable from time to time.
You shall not extract or re-utilise parts of the contents of the website without HERO and / or its affiliates (as may be applicable) consent/permission/ In particular, you shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this website. You shall also not create and/ or publish your own database that features any / or substantial (eg: prices and product listings etc.) parts of this website
8. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
9. PRODUCT COMPLIANCE
Products displayed on the HERO website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
10. WARRANTIES & LIABILITY
· All information, content, materials, products (including software) and other services included on or otherwise made available to you by HERO are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
· HERO does not warrant that this Website will be uninterrupted, error free, or constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. Further, HERO shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond HERO’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material and/or data.
· We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the Website. You acknowledge, by your use of this website, that your use of this website is at your sole risk; that you assume full responsibility for all risks associated in connection with your use of this Website.
· Though HERO shall make all endeavor to protect its websites from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its website, however we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes or is meant to constitute, advice of any kind.
· Hero will not be liable for any damages of any kind arising from the use of the website, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that HERO is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
· You hereby expressly & unconditionally release HERO and/or its management, affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waive any and all claims or demands that you may have in this behalf under any statute, contract or otherwise.
· Any breach of any applicable laws shall also result in, without prior notice, immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your login, and/or refuse to provide you with access to this Website.
13. LIMITATION OF LIABILITY
14 COMPLIANCE WITH LAWS:
The website user shall comply with all the applicable laws, rules, notifications as issued from time to time by appropriate authorities.
The failure by HERO to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by HERO of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
17. DISPUTE RESOLUTION
Any grievances you have by way of use of the website can be addressed to the Grievance officer
The ‘Grievance officer’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
Time: 10AM – 5PM
RULES AND REGULATIONS:
HERO MOTOCORP LTD RULES AND REGULATIONS FOR ACCEPTABLE USE OF COMPUTER RESOURCES
The purposes of these rules and regulations are to outline the acceptable use of computers, computer systems, computer networks, computer resources and communication devices of Hero MotoCorp Ltd (hereinafter referred to as Hero MotoCorp Ltd or company) and provide users of the company with basic knowledge and general guidance for proper, fair, efficient, and effective use of these computer resources.
The company recognizes the importance for employees/users, to be able to access its computers, computer systems, computer networks, computer resources and communication devices and telecommunications network. The company demands respect for working on its administrative resources, while using these resources. Computer resources are made available to users to engage in activities relating to the company's business only.
As per these rule and regulations regarding the use of company's computers, computer systems, computer networks, computer resources, communication devices and its telecommunications network, the company, as owner and manager of its computer resources and telecommunications network, is compelled to ensure that their use conforms to the law. These rules and regulations of the company are in accordance with the amended Information Technology Act, 2000 as well as rules and regulations made thereunder including the Information Technology Rules, 2011 and the Information Technology (Intermediary Guidelines) Rules, 2011. The company expects all users to conform to usual rules of courtesy and etiquette as well as to the laws and regulations for the time being in force.
This document elaborates various rules and regulations that are in place and adopted by the Hero MotoCorp Ltd for the use of its computer resources and computer systems, in accordance with principles established under the Information Technology Act, 2000 and also rules and regulations made thereunder.
The present rules and regulations state the conditions for utilization of computer resources of the company by employees/users and are intended to:
1. promote responsible use of computer resources;
2. safeguard the company's reputation as a responsible organization;
3. deter users from abusive or illegal use of computer resources;
4. ensure protection of private information;
5. define the boundaries regarding the private lives of users related to their utilization of computer resources;
6. minimize risk of destruction or modification of systems or data.
These Rules and Regulations of Hero MotoCorp Ltd are applicable to all visitors of the website of Hero MotoCorp Ltd, all employees (both old and existing), as also all legal entities with whom Hero MotoCorp Ltd has got business relationship which include suppliers, vendors, sub-vendors, distributors, sub-distributors, agents, dealers and sub-dealers etc.
4. GENERAL CONCERNS
i. Privilege: Access to computer resources constitutes a privilege and not a right. Only duly authorized users may access and use computer resources of the company and only within the parameters granted to the user by the company. The user may not allow an unauthorized third party to use these resources. Computer resources must be used in a reasonable manner and utilization must not unduly restrict access for other users.
ii. Priorities: Computer resources are made available to users for the purpose of engaging in activities related to the fulfilment of company's business.
iii. Utilization for computer resources: Users may use the company's computer resources, subject to certain conditions, which are as under:
1. The user respects the terms of the present rules and regulations;
2. Company's computer resources shall not be used for personal matters;
3. Users must accept that the company is obliged to preserve access to any message or transaction performed through its computer resources and consequently, no use for any matters whatsoever cannot be considered private.
5. CODE OF ETHICS FOR USERS
The users of computer resources agree to show:
1. respect towards persons, their private lives, personal or confidential information about them, whether by text, messages or images;
2. respect as regards company objectives;
3. respect for copyright and intellectual property;
4. respect for security measures implemented by the company.
6. PROHIBITED ACTIVITIES
Any or all use of the company's computers, computer systems, computer networks, computer resources and communication devices for unauthorized or illegal matters is strictly forbidden. On the company's computer resources, it is specifically prohibited to host, display, upload, modify, publish, transmit, update or share any information that:
1. belongs to another person and to which the user does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
10. tantamount to transmitting advertising, spam or which promotes or conducts transactions for personal business purposes;
11. refers to the company in personal comments within discussion groups or chat rooms, or to use any other mode of expressing an opinion in such a way as to imply that the opinions expressed are approved by the company, except when the statement is made by a person authorized to do so in the performance of his/her duties.
7. MODIFICATION OR DESTRUCTION
Any modification or destruction of computer resources is prohibited without the authorization of an authorized person of the company.
8. ACTIONS CAUSING DAMAGE
It is strictly forbidden to act in such a way as to damage the computer resources of the company, specifically, to engage in hacking or spread computer viruses, or the unauthorized destruction or modification of data or software, or diminishing of value or utility of electronic information residing in a computer resource or affecting it injuriously by any means or unauthorized use of the access code or password of another user, or by any action intended to deactivate, challenge or bypass any company information technology security system.
9. UNAUTHORIZED ACCESS
It is strictly prohibited to access or attempt access to files, data, databases, systems, internal or external networks or computer resources restricted to a specific category of users, unless prior approval of the concerned authorized person of the company has been duly taken in writing.
10. REASONABLE USE
In a situation of shared resources, the user may not monopolize or abuse computers, computer systems, networks, computer resources and communication devices. It is strictly prohibited, such as, to store an excessive amount of data or to use the Internet and its logical record to listen to the radio or a television programme or any other telephony, unless the context otherwise requires it for the purpose of business activity of the company.
11. INTELLECTUAL PROPERTY RIGHTS
Users must, at all times, respect copyright and other intellectual property rights of others. The following are examples of documents likely to be protected by copyright or other intellectual property rights: contents of an e-mail message; textual, graphic and sound contents of a Web site; music and radio and television programmes transmitted through a Web site; music, photos, or graphics available on the Web; applications downloaded from an FTP site; compilation available on a Web site; use of a logo and trademark. In certain cases, the following actions may contravene copyright or intellectual property rights of the relevant rights owners:
1. downloading a file;
2. digitizing a printed document;
3. retouching a photo or other person's text;
4. posting music on the Web;
5. Posting another person's art work when the work is protected by copyright.
The Users are strictly prohibited from:
1. using any illegally copied software or electronic file;
2. participating, directly or indirectly, in the reproduction of a programme or electronic file;
3. modifying or destroying a software programme, data bank or electronic file or to access it without the express authorization of its owner;
4. reproducing documentation relating to a programme, without authorization from the owner of the copyright;
5. using computer resources to commit or attempt to commit an infraction to copyright and intellectual property;
6. Reproducing software, software packages, and courseware, which is duly authorized only for purposes of securing back-up copies, or according to the software license terms in force.
12. ELECTRONIC MESSAGING
i. The user must identify himself as the author of any electronic message sent on the company network and, as the case may be, specify his title or position.
ii. The user must, where applicable, respect the confidentiality of messages sent on the network and refrain from intercepting, reading or modifying any message not intended for him/her.
iii. Users are strictly prohibited from: -
1. Using one or more gimmicks or any other means of transmitting an electronic message anonymously or in the name of another person;
2. Subscribing to mailing lists not related to the user's job description;
3. To send, without authorization, to all staff or to selected groups of employees or other users, messages of a general nature, news of any kind, chain letters and any information not related to company business activities.
13. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
1. Information contained in computer resources is confidential whenever it is regarded as personal information or information protected by the company under the IT Act and rules made thereunder, respecting access to documents held by public bodies and the protection of personal information or information related to a person's private life.
2. Respect for security measures: The user is under obligation to respect regulations enacted by the law prevailing for the time being in force, respecting access to documents held by public bodies and the protection of personal information as regards storage, access, transmission and dissemination of personal information, specifically through computer resources.
3. Dissemination of personal information: The user may not, without authorization from the persons concerned, disseminate personal information whether by written information, photographs or any other visual documents showing these persons participating in an activity, and allowing them to be identified by name.
4. The company respects the private life of users. However, in view of the fact that computer resources are made available to users in order to assist the company in fulfilling its business activities, the user's right to privacy is limited. Thus, equipment, systems and files intended for work-related matters must be accessible at any time to members of administration, substitute employees/users or the network administrator.
5. The company shall not systematically oversee user communications. An investigation shall be conducted if there is reason to believe the systems are being used in inappropriate ways or if it is necessary to trace information otherwise unavailable.
6. The user loses his right to confidentiality for the files he/she created by using computer resources of the company, including all information in contravention of the present rules and regulations or of instructions enacted by the company intended to ensure its application, or to agreements or Local/State/Union laws.
7. The user is entitled to know that the company may be required, within the framework of a judicial enquiry, to provide as evidence the contents of any document saved on its own computer systems. In that case, the company has the exclusive right to and may enter any system without prior warning, and to inspect and examine all the data, database and information resident therein.
14. HERO MOTOCORP LTD'S RESPONSIBILITIES
1. The company is not responsible, directly or indirectly, for losses, damages or inconvenience caused to users as a result of their utilization of computer resources, or in the case where, for whatever reason, it must reduce or interrupt service, whatever the duration of these reductions or interruptions may be, or if the services cease.
2. The company shall inform the users that in case of non-compliance with the present rules and regulations for access or usage of company's computer resources, the Company has the right to immediately terminate the access or usage rights of the users to its computer resources and remove non-compliant information.
3. Hero MotoCorp Ltd shall provide sufficient physical and electronic security controls for its computer resources or computer systems or networks. These controls shall include (i) requiring verification of authorization for access to all secured locations and (ii) access doors equipped with card reader control or an equivalent authentication device, egress doors which initiate an audible alarm when opened and equipped with tamper resistant hardware.
4. Hero MotoCorp Ltd shall take all steps necessary to ensure that no user shall, without Hero MotoCorp Ltd 's prior written consent, use, duplicate or reveal to any person or entity any Login IDs, passwords, software, data, material, content or any other information related to or accessible on the computer resources, whether written, verbal or electronic. Hero MotoCorp Ltd shall treat all information as copyrighted and owned by Hero MotoCorp Ltd.
5. Hero MotoCorp Ltd shall cause each of its employees, agents and sub/contractors to safeguard the confidentiality of information pursuant to the present rules and regulations regarding the users' data or information.
6. Hero MotoCorp Ltd shall not transfer or disclose the information, directly or indirectly, to any third party (other than its employees who have a need to know such information and are authorized by Hero MotoCorp Ltd to have access to the Computer Systems to perform Hero MotoCorp Ltd's obligations under the present rules and regulations without Hero MotoCorp Ltd's prior written consent,); and
7. Hero MotoCorp Ltd shall not take any other action with respect to the Information inconsistent with its confidential and proprietary nature. Any user wishing to access the computer resources, computer Systems or network of the company must be authorized and approved by Hero MotoCorp Ltd. Notwithstanding such authorization and approval, Hero MotoCorp Ltd shall permit access to the computer resources, computer Systems or network solely by its employees agreeing in writing to abide by the rules and regulations contained herein.
8. Hero MotoCorp Ltd shall not knowingly host or publish any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information which is prohibited under the Information Technology Act and rules and regulations made thereunder. Removal of access to any offending information, data or communication link by Hero MotoCorp Ltd or its affiliates after such information, data or communication link comes to the actual knowledge of a person authorized by Hero MotoCorp Ltd or pursuant to any order or direction as per the provisions of the Act or expeditiously removing or disabling access to such content by Hero MotoCorp Ltd , shall not amount to hosting, publishing, editing or storing of any such information which is prohibited under Information Technology Act and rules and regulations made thereunder and also other law for the time being in force
9. Hero MotoCorp Ltd, on whose computer systems or computer resources, any contravening information is stored or hosted or published, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature, about any prohibited activities as mentioned in the rules and regulations above, shall act expeditiously and remove or disable access to such content and where applicable, work with user or owner of such information to disable such information that is in contravention of the present rules and regulations and the IT Act and Rules, without vitiating the evidence in any manner.
10. Further Hero MotoCorp Ltd shall preserve such information and associated records for at least ninety days till 28th June and 180 days’ post that for investigation purposes.
11. Hero MotoCorp Ltd shall strictly follow the provisions of the Information Technology Act, 2000 as amended as well as rules and regulations made thereunder including the Information Technology Rules, 2011 or any other laws for the time being in force.
12. Hero MotoCorp Ltd shall provide information or any such assistance to Government Agencies, as and when required by lawful orders, who are lawfully authorized for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution of cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.
13. Hero MotoCorp Ltd shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011.
14. Hero MotoCorp Ltd shall report cyber security incidents and also share cyber security incidents related information with the Indian Computer Emergency Response Team.
15. Hero MotoCorp Ltd shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force but Hero MotoCorp Ltd may develop, produce, distribute or employ technological means for the sole purpose of performing the acts of securing the computer resource and information contained therein.
16. Hero MotoCorp Ltd shall address any discrepancies and grievances of any users or any victim, who suffers as a result of access or usage of computer resource by any person in violation of Rule 3. Such users and/or victims can notify their complaints against such access or usage of computer resources of Hero MotoCorp Ltd or other matters pertaining to the computer resources made available by Hero MotoCorp Ltd to a Grievance Officer. For this purpose, Hero MotoCorp Ltd shall designate a Grievance Office, whose details are as under:-
17. Mr. Grievance Officer
C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
Time: 10AM – 5PM
1. The Grievance Officer shall redress the grievances of visitors/users of the Hero MotoCorp Ltd websites, if any, expeditiously but within one month from the date of receipt of grievance.
2. Hero MotoCorp is an ISO 27001:2013 certified compliant company. Hero MotoCorp Ltd has implemented the principles and salient features of IS/ISO/IEC standard 27001:2013and the codes of best practices for data protection for the purpose of compliance with reasonable security practices and procedures. Further Hero MotoCorp Ltd shall audit its security practices and procedures on a regular basis through an independent auditor, duly approved by the Central Government. The audit of reasonable security practices and procedures shall be carried out by an auditor once a year.
15. USERS RESPONSIBILITIES
1. The users are responsible for their own actions in the use of company computers, computer systems, computer networks, computer resources and communication devices of the company. Any user who commits an illegal act is subject to legal consequences, including both civil and criminal action. The company shall not be responsible for such an illegal act as the company is an intermediary. The company has exercised due diligence, while discharging its obligations under the Information Technology Act and has further complied with the provisions of the Information Technology Act and rules and regulations made thereunder.
2. The users shall strictly follow the present rules and regulations and also provisions of the Information Technology Act and Information Technology Rules and any other laws for the time being in force.
3. User shall indemnify Hero MotoCorp Ltd and its affiliates and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance of these rules and regulations and/or of other Hero MotoCorp Ltd policies by the User or breach of any prohibition, or restriction on User's activities contained in these rules and regulations.
16. EMERGENCY AND SECURITY MEASURES
1. The company reserves the right to keep a register of transactions performed by way of its computer resources and telecommunications network and the right to analyse information contained in this register in order to detect unauthorized, illicit or illegal activities on its network, whether through conventional technical means or by using emerging technologies like artificial intelligence.
2. The Network Administrator of the company may proceed to commence any investigation, without prior notice, when an emergency warrants it, such as, detection of the presence of a virus in the network or over utilization of network resources, and may save any or all copies of a document in order to ensure respect for the terms of this rules and regulations enacted by the company.
3. The company reserves the right to erase from its computer resources any illegal content or content in contravention of the regulations stated in the present rules and regulations.
4. The authorized person of technology team of the company may put forth instructions and regulations to ensure the security of computer resources and to periodically conduct security checks.
If users believe that a violation of these rules and regulations has occurred, contact the office of Hero MotoCorp Ltd in person or on email being email@example.com immediately. Under no circumstances should the witnesses attempt to look through or access the suspect's machine in order to conduct their own personal investigation.
Any person found to have violated or violating these rules and regulations might be subject to disciplinary action, up to and including termination of employment. In addition, there may be cases in which a person may be subject to civil or criminal liability. In case of other users they could be liable for civil or criminal liability including exemplary damages, under the provisions of the law prevailing for the time being in force, including the amended Information Technology Act, 2000 as well as rules and regulations made thereunder.
DATA COLLECTION CONTRACT:
This Contract is executed at Delhi by and between Hero MotoCorp Ltd, a company duly incorporated under the Indian Companies Act having its office at The Grand Plaza, Plot No.2, Nelson Mandela Road, Vasant Kunj - Phase -II, New Delhi - 110070 through Grievance Officer, hereinafter referred to as the Party of the First Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns
Yourself being the visitor to the website www.vidaworld.com and/or legal person who is either a new user or a registered user on the website www.vidaworld.com, hereinafter referred to as the Party of the Second Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns.
Whereas the Party of the First Part is committed to respecting the privacy of personal information and sensitive personal data or information of individuals;
And Whereas the Party of the First Part has prepared policies and practices concerning the collection, usage and disclosure of personal information and sensitive personal data or information of individuals;
And Whereas Party of the First Part protects the privacy of individuals by complying with the operative legislation being the amended Information Technology Act, 2000 and rules and regulations made thereunder including as the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 and also the Information Technology (Intermediaries Guidelines) Rules, 2011;
And Whereas by means of the present Agreement/ Contract, the Party of the First Part agrees to and is collecting the personal data as well as sensitive personal data and information of the Party of the Second Part
NOW THIS DEED OF DATA COLLECTION CONTRACT WITNESSETH AS UNDER:-
1. That the parties agree that in this contract, unless the context otherwise requires, the terms used shall have the meanings as given in the Definitions clause of Data Privacy Framework of the company
1. That the parties agree that the Party of the First Part shall collect the personal data as also sensitive personal data and information of the Party of the Second Part in accordance with its Data/Information Collection Policy as well as the terms of the present contract. The contents of the Data/Information Collection Policy may also be read as part and parcel of the present contract and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
1. That the Party of the Second Part hereby specifically, absolutely and unconditionally gives its free, fair and informed consent and prior permission to the collection of its personal data as also sensitive personal data and information by the Party of the First Part, including within the meaning of Rule 6(1) of the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011.
1. That the Party of the Second Part understands, agrees and declares that the Personal and Identifiable information includes personal characteristics such as home address, telephone number, Aadhaar numbers and financial information and that its sensitive personal data or information shall be as defined in this contract.
1. That the Party of the Second Part declares that in providing personal information about other individuals, it represents that it has notified them of the purposes for which the information will be used, the recipients of the information, and how they can access and correct the information, and that it has obtained their consent in connection with the transaction at hand.
1. That the Party of the Second Part hereby specifically agrees that the Party of the First Part may be required to disclose the sensitive personal data and information so collected under the present contract to third parties and governmental agencies. The Party of the Second Part hereby specifically, unconditionally and absolutely agrees and consents to such disclosure of its sensitive personal data and information so collected by the Party of the First Part, without any objection of any kind whatsoever. The Party of the Second Part further hereby specifically, unconditionally and absolutely agrees and consents to such disclosure of its sensitive personal data and information so collected by the Party of the First Part, where the disclosure is necessary for compliance of a legal obligation
1. That the Party of the Second Part further consents and agrees to the provisions of the Data Disclosure Policy as well as Data Sharing with Government Agencies Policy of the Party of the First Part. The contents of the Data Disclosure Policy as well as Data Sharing with Government Agencies Policy of the Party of the First Part may also be read as part and parcel of the present contract and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
1. That the Party of the Second Part undertakes not to challenge in any manner whatsoever the present Contract, any of its provisions as well as its unequivocal, absolute and unconditional consent given hereunder pertaining to the collection of its personal information as well as sensitive personal data and information.
1. That the Party of the Second Part has entered into this Contract out of his/her own sweet will and volition and without any outside force, influence and coercion of any kind whatsoever.
IN WITNESS WHEREOF THE PARTIES TO THE CONTRACT HAVE GIVEN THEIR CONSENT ON THE DAY, MONTH AND YEAR OF ACCESSING THE WEBSITE WWW.VIDAWORLD.COM AND ACCEPTING ITS TERMS AND CONDITIONS, RULES AND REGULATIONS AND RELATED LEGAL DOCUMENTATIONS.
PARTY OF THE FIRST PART
PARTY OF THE SECOND PART
CONSENT OBTAINING FORM
Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
SUBJECT: CONSENT OBTAINING FORM UNDER RULE 5 & 6 OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011
I being the visitor to the website www.vidaworld.com and/or legal person who is either a new user or a registered user on the website www.vidaworld.com, hereinafter referred to as the Party of the Second Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns, would like to submit as under:-
1. That I would like to enter into a legal business relationship with your company.
1. That in regard to the same, I understand that your company is required to collect my information including my sensitive personal data within the meaning of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
1. I hereby give my absolute, unconditional and unequivocal consent, approval and prior permission to your company to collect my data including my sensitive personal data and information, within the parameters of prevailing law for the time being in force including the Indian Information Technology Act, 2000 and the rules and regulations made thereunder. My absolute, unconditional and unequivocal consent, approval and prior permission as mentioned in this paragraph has been given, out of my own sweet will and volition and without any outside force, coercion or influence of any kind whatsoever, within the meaning of Rule 5 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
1. I understand that my data including my sensitive personal data and information is being collected for the performance of the aforesaid legal business relationship and also for the performance of statutory obligations imposed upon your company as an intermediary under the Indian Information Technology Act, 2000.
1. I further undertake that I shall have complete rights to withdraw my consent at any point of time in the future within the parameters of the existing law. As and when I would be required to do the same, I will then appropriately exercise my option in this regard.
1. Till such time as I do not withdraw my aforesaid consent, I declare and undertake that my absolute, unconditional and unequivocal consent, approval and prior permission as given above, has been given without any restriction, qualification or condition of any kind whatsoever and shall continue to be binding on me for all times to come.