TERMS FOR PARTICIPATION IN THE

ELECTRIC VEHICLES OPEN PROGRAM -  MATHEMATICAL MODELING OF AN  ELECTRIC VEHICLE (EV101)

The following persons in collaboration (collectively referred to as the “Program Entities”) have created and launched a flagship open program in Electric Vehicles aimed at enhancing the educational experience of engineering students in India (the “EV Open Program” or the “Program”):

(1)        Micelio Mobility Private Limited, a private company having its address at No. 58, 15th Cross, 2nd Phase, JP Nagar, Bangalore - 560078 . (“Micelio”);

(2)         Pupilfirst Private Limited, a private company having its registered office at Unit 3, Ground Floor, Vaishnavi Badri, No 48, 5th Main, Jayamahal Extn, Bangalore - 560 046, Karnataka, India (“Pupilfirst”);

Please refer to the Overview section below for more details about the Program Entities and the Program

APPLICATION TO THIS PROGRAM CONSTITUTES APPLICANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE PROGRAM TERMS ("TERMS"), WHICH IS A CONTRACT. SO READ THEM CAREFULLY BEFORE APPLYING. BY APPLYING TO THE PROGRAM THE APPLICANT ALSO AGREES AND ACCEPTS THE DECISIONS OF PROGRAM ENTITIES, WHICH ARE FINAL AND BINDING ON ALL MATTERS.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROGRAM ENTITIES FROM THE APPLICANT (i.e., A REQUIREMENT THAT THE APPLICANT DEFEND AND/OR REIMBURSE PROGRAM ENTITIES FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF APPLICANT’S RIGHTS AND REMEDIES. ACCESS TO INTERNET AND A VALID EMAIL ADDRESS ARE REQUIRED TO PARTICIPATE IN THIS PROGRAM. THESE TERMS ARE IN ADDITION TO THE STANDARD TERMS https://pupilfirst.org/policies/terms  AND PRIVACY POLICY https://pupilfirst.org/policies/privacy  APPLICABLE TO THE PUPILFIRST PLATFORM.

Overview

Pupilfirst is a mission based organisation striving toward bringing emerging industry technologies to university students and faculty across India.

 

Micelio is a private limited liability company that carries on the business of manufacture of Electric Vehicles (EV) and provision of last mile delivery services with EV fleet. Micelio also provides its studio with equipment for use by other startups as well as investment funds for investing in other companies. Micelio has a shared vision with Pupilfirst, viz that of enhancing educational experience of engineering students in universities and thereby creating a differentiated pool of engineers who are of much higher calibre and skills and needs lesser time to integrate into the industry if hired. Shreyas Shibulal, who is the founder of Micelio has agreed to fund the creation and delivery of the Course

 

In order to enhance the educational experience provided to engineering students across various universities in India, the Program Entities  have launched the Program and as part of the Program created a course in electric vehicles (EV), aimed at providing students with technology skills required to develop a miniature EV prototype or the prototype of a sub-system of an EV through a task based curriculum titled the Mathematical Modeling of an Electric Vehicle Course (EV 101) or (the “Course”). The Program Entities are launching the said Course in universities identified by Pupilfirst and as open programs to undergraduate students across India.

 

The Program Entities are now accepting Applications (defined below) from undergraduate college students pursuing engineering who meet the eligibility requirements (as described in the Eligibility section below) to participate in the Course. The Course shall begin on April 23, 2021 and end on May 16, 2021. These are tentative dates and are subject to change. Please go through these Terms carefully as they govern your application to and participation in the Course (should you be selected to join the Course).

  1. Eligibility:

  1. The Course is open to an individual who is, as of the date of applying, a legal resident of India, and at least 18 years old and no older than 25 years old and eligible to contract under the Indian Contract Act, 1872.
    A member applying for participation in the Course shall
    hereinafter be referred to as an “Applicant”.
  2. Each Applicant must be a current undergraduate student pursuing engineering at a higher education institution in India.
  3. Students who are in any semester of their undergraduate degree program can apply for the Course.
  1. How to apply:

  1. To apply, eligible Applicants must follow the links and instructions on site https://ev.pupilfirst.org (“Registration Site”) to submit a Course application form containing all of the required information and content pertaining to the Applicant (“Application Form”).
  2. Application Form can be submitted any time between 02:00:00 am IST on “9th April 2021”,  and 11:59:00 pm IST on “18th April  2021” (“Application Period”).
  3. The Application Form together with any other content submitted by Applicant to Program Entities during this Course are collectively referred to as “Applicant Content.” All Applicant Content must comply with the “Submission Requirements” detailed in the section below and otherwise comply with these Terms.
  1. Submission requirements:

  1. Applicant Content must meet all of the following requirements, as determined by Program Entities in their sole discretion, or the associated Application, or Applicant may be disqualified. PLEASE READ THESE VERY CAREFULLY AND FOLLOW ALL INSTRUCTIONS.
  2. Only one (1) Application Form per Applicant is permitted in the Course. In the sole discretion of the Program Entities, they can (although they are in no way obligated to) require an Applicant to resubmit an Application Form if the first submission was not complete.
  3. For purposes of the Course, only Application Forms that are actually received and recorded through the Registration Site on the related servers during the Application Period and which are strictly in accordance with all instructions provided on the Registration Site and these Terms will be considered for selection to the Course. The Program Entities in their sole discretion may accept Application Forms submitted after the Application Period.
  4. Kindly note that when an Applicant’s Application Form has been received and an Applicant is accepted for the next round, the Applicant will receive an official email communication from ev@pupilfirst.org. Other proof of submitting or attempting to submit an Application Form (such as, without limitation, printed, saved or copied automated receipt confirming application receipt, a “Thanks for submitting” screen or message) does not constitute proof of actual receipt of the Application Form or acceptance of the same for purposes of the Course.
  5. Application Forms that are incomplete, lost, late, misdirected, mutilated, fraudulent, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void.
  6. As a condition of applying to the Course, without limiting any other provision in these Terms, each Applicant gives consent for Program Entities and its agents to obtain and share/submit his/her name, address and other information (without any limitation) and Application Content to third parties for the purpose of administering the Course and complying with applicable laws, regulations, and rules.
  7. All Applicant Content must be in English.
  8. Applicant must have all necessary permissions and rights to submit the Applicant Content in the Course and agrees to provide Program Entities with written confirmation of those permissions and rights within the given timeframe, if requested.
  9. Other than Applicant’s own or licensed property or the names, marks and logos of the Program Entities or companies identified by Program Entities (as expressly permitted), Applicant Content must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork.
  10. All aspects of the Applicant Content must be originally created by and solely owned by or licensed to the Applicant or be in the public domain. All third party content and content unoriginal to the Applicant that is not in the public domain or validly licensed is prohibited.
  11. Applicant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, patent, trademark, trade secret, or right of privacy or publicity.
  12. Applicant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, Program Entities or any third party.
  13. Applicant Content must not contain or describe any harmful or illegal activity or content or in any way violate any central, state, or local laws, rules or regulations.
  14. The Applicant Content must be suitable for presentation in a public forum and shall be true, accurate and updated and must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Program Entities’ or any other products or services.
  15. APPLICATION FORMS MAY NOT BE ACKNOWLEDGED, WILL NOT BE RETURNED AND, IN FACT, MAY BE DESTROYED AT THE SOLE DISCRETION OF THE PROGRAM ENTITIES. APPLICANT NEEDS TO KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF THE APPLICATION FORM AND APPLICANT CONTENT. ANY APPLICATION FORM OR APPLICANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE TERMS MAY, IN PROGRAM ENTITIES’ SOLE DISCRETION, BE DEEMED INELIGIBLE.
  1. Participant Selection/Notification:

  1. Eligible Applications shall be evaluated by an expert panel of such members as may be determined and formed by the Program Entities from time to time (“Judging Panel”)
  2. The panel will then evaluate the application content. Based on this evaluation, upto  top 100 Applicants will be selected for the Course (“Shortlisted Applicants’).
  3. The final results of the selected Applicants will be announced 3-5 days after the close of the Application Period and on confirmation from Micelio.
  4. Each of the selected Applicants will be deemed a “Participant” and will be entitled to receive the “Course Benefits” (described below), subject to verification. The entire selection process of upto 100  Participants is expected to be completed by 21st April 2021.
  5. The Program Entities will attempt to notify by email, phone or other means (as determined by Program Entities in their sole discretion) the Shortlisted Applicants on or around 22nd April  2021. Please note however, that in order to be deemed a Participant, an Applicant should be in receipt of an official email confirmation from ev@pupilfirst.org 
  6. If any notification or other Course-related communication is returned as undeliverable, or if a selected potential Shortlisted Applicant or Participant cannot be reached or does not respond as instructed after Program Entities has attempted to notify that potential Shortlisted Applicant or Participant, that selected Shortlisted Applicant or Participant may be disqualified and an alternate Shortlisted Applicant or Participant may be selected (time permitting and in Program Entities’ sole discretion). Program Entities reserve the right to modify the notification procedures in connection with the selection of any alternate potential Shortlisted Applicant or Participant, if any.
  1. Course Benefits

  1. Upto 100 Participants selected from the entire set of Applicants shall be entitled to participate in the Course.
  2. Course Fees - There are no fees or charges that Participants have to pay if they are selected to the Course. It is however clarified that the laptop/desktop, printers, software licenses if any, equipment, travel expenses, if any and other all costs and expenses incurred by the Applicants/Participants in relation to submission of the Application Forms and Applicant Content and for participation in the Course shall be borne by the Applicants/Participants themselves.
  3. Participants would be on-boarded on Pupilfirst’s LMS Platform (“Platform”) which is a web application hosted by Pupilfirst accessible at https://www.pupilfirst.school/. Once enrolled on the Platform, Participants can undertake the Course by going through supplied content, submitting work for review by concerned members, and participating in the shared community space for interaction with their peers. Participants will progress in the Course by completing targets that are spread across multiple levels.
  4. Certificate : Participants who successfully complete the Course would be awarded certificates jointly issued by the Program Entities.
  5. Teaching Assistants: The best performing students from the Batch of 2021 would be offered roles as “Teaching Assistants” to assist in selection and training of the next cohort of students and the said Teaching Assistants will receive a stipend for the same.
  6. Alumni/Industry Volunteering - Post completion of the Course, interested students can become part of the Pupilfirst Alumni Network.
  1. General Rules

  1. Program Entities’ decisions will be final and binding in all matters relating to the Course, including interpretation of these Terms, selection of the Participants, and giving of the benefits.
  2. Failure to comply with these Terms may result in disqualification from the Course.
  3. Applicants further agree not to damage or cause interruption of the Course and/or prevent others from participating in the Course.
  4. Program Entities reserve the right to restrict or void participation from or access to the Platform, any IP address, email address or domain, or device if any suspicious Applicant Content and/or participation is detected.
  5. Program Entities reserve the right, in their sole discretion, to void Application Forms or other participation by any person or entity who Program Entities believe has attempted to tamper with or impair the administration, security, fairness or proper play of the Course.
  6. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Course materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by Program Entities in their sole discretion. Participants waive any right to claim ambiguity in the Course or these Terms.
  7. If Program Entities determine (at any time and in their sole discretion) that any Shortlisted Applicants or Participants or potential Shortlisted Applicant or Participant is disqualified, ineligible, in violation of these Terms, or engaging in behaviour that Program Entities deem obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person or entity, Program Entities reserve the right to disqualify such Shortlisted Applicant/Participant or potential Shortlisted Applicant/Participant, even if the disqualified Shortlisted Applicant/Participant or potential Shortlisted Applicant/Participant may have been notified or displayed or announced anywhere.
  8. If the Course cannot be run as planned for any reason, Program Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Course and these Terms and give the benefits, if any, based on eligible Application Forms received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Program Entities.
  9. If any person supplies false information, participates or submits Application Forms by fraudulent means, or is otherwise determined to be in violation of these Terms in an attempt to obtain a benefit, Program Entities may disqualify that person (and any Applicant on the behalf of which such person participated in the Course) and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any dispute regarding an Application Form cannot be resolved to Program Entities’ satisfaction, such Application Form and the Applicant who submitted the same will be deemed ineligible.
  10. Participants  are to complete the Course within the timelines specified in the “Course Calendar”, which the Participants will be shown/walked through during the Course’s orientation program.
  11. Participant agrees that his or her participation in the Course and agreement to these Terms and submission of the Applicant Content in accordance with these Terms will not violate any agreement to which Participant is a signatory or party.
  1. License

  1. License to Applicant Content - By applying to the Course, each Applicant grants to the Program Entities (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission to:
  1. use, edit, modify, copy, reproduce, and distribute Applicant Content (including, without limitation the solutions and codes submitted by the Applicant) in perpetuity and in any medium (including online and in digital media) in any language, throughout the world, for the purposes of evaluating Application Forms, Applicant Content, administering and marketing this Course and for selecting Applicants for internships and teaching assistantships as set out in these Terms; and  
  2. use, publish, post or display his/ her name, photograph, likeness, voice, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Program Entities’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases all Program Entities from any and all liability related to such authorized uses. Nothing contained in these Terms obligates Program Entities to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
  1. Relationship between Applicant and Program Entities - Each Applicant hereby acknowledges and agrees that the relationship between the Applicant and each of the Program Entities is that of an independent contractor and is not a confidential, fiduciary, or other special relationship, and that the Applicant’s decision to submit his/her/their Applicant Content for purposes of the Course does not place any of the Program Entities in a position that is any different from the position held by members of the general public with regard to elements of the Applicant Content other than as set forth in these Terms.
  2. Use of similar or identical material by Program Entities - Each Applicant understands and acknowledges that the Program Entities have wide access to ideas, applications, text, images, code, applications, software, and other creative materials. Each Applicant also acknowledges that many ideas for applications and online services may be competitive with, similar to, or identical to his/her Applicant Content (including the codes/solutions submitted by the Applicant) and/or each other in idea, function, components, format, or other respects. Each Applicant acknowledges and agrees that such Applicant will not be entitled to any compensation as a result of any Program Entities’ use of any such similar or identical material that has or may come to such Program Entity from other sources.
  3. No duty or liability towards Applicant - Each Applicant acknowledges and agrees that Program Entities do not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Applicant’s patent, copyright or other proprietary rights in and to his/her/their Applicant Content, including the Solution contained or described therein. Each Applicant acknowledges that, with respect to any claim by Applicant relating to or arising out of a Program Entity’s actual or alleged exploitation or use of any Application Content or other material submitted in connection with the Course, the damage, if any, thereby caused to the applicable Applicant will not be irreparable or otherwise sufficient to entitle such Applicant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of Program Entities’ application, service or other property, and Applicant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

VIII. LIMITATION OF LIABILITY, INDEMNITY & DISCLAIMER OF WARRANTIES

  1. TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, THE PROGRAM ENTITIES EXCLUDE FROM THESE TERMS ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM. EACH APPLICANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (I.E., DEFEND AND/OR REIMBURSE) THE PROGRAM ENTITIES FROM ANY LIABILITY WHATSOEVER (EXCEPT THOSE THAT CANNOT BE STATUTORILY EXCLUDED) FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE PARTICIPATION IN THE COURSE, SUBMISSION OF APPLICANT CONTENT OR AVAILING OF ANY PROGRAM BENEFITS. EACH PARTICIPANT AGREES THAT THE COURSE AND BENEFITS ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW), WHETHER NOW KNOWN OR HEREINAFTER ENACTED AND AGREES THAT THE PROGRAM ENTITIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS OR DELAYS.

  1. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COURSE VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, PROGRAM ENTITIES MAY DISQUALIFY ANY APPLICANT MAKING SUCH ATTEMPT AND RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. ADDITIONAL DISCLAIMERS - The Program Entities are not responsible and/or liable for any of the following, whether caused by a Program Entity, the Applicant or by human error (except to the extent the same cannot be excluded by law):
  1. Application Forms made by illegitimate means (such as, without limitation, by an automated computer program);
  2. any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, Messenger message, or Course-related correspondence or materials;
  3. any error, omission, interruption, defect, or delay in transmission or communication;
  4. viruses or technical or mechanical malfunctions;
  5. interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Course-related advertisements, or other materials;
  6. failures of electronic equipment, computer hardware, or software;
  7. lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications) technical or human error which may occur in the administration of the Course or the processing of Application Forms;  
  8. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Applicant’s participation in the Course or receipt or use of any benefits;
  9. electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account, voicemail inbox or Messenger message account, to receive, email, voice messages or Messenger messages. Program Entities are not responsible, and may disqualify an Applicant, if any contact information provided by the Applicant does not work or is changed without giving prior written notice to Program Entities.

IX. Miscellaneous

  1. Disputes/Governing Law: This Agreement shall be construed, governed by, interpreted and applied in accordance with the laws of India. The courts in Bangalore, India shall have jurisdiction over all matters relating to this Agreement.
  2. Force Majeure: Without limiting any other provision in these Terms, the Program Entities are not responsible or liable to any Applicant (or any person claiming through such Applicant) for failure to supply a benefit or any part thereof in the event that any of the Course activities or Program Entities’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the Program Entities, including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic or pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
  3. Notices: The Program Entities may provide Applicants with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Platform, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless the Program Entities are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by an Applicant in the Application Form. In such a case, notice will be deemed given three days after the date of mailing. Notice posted on the Platform is deemed given 5 days following the initial posting.
  4. No Waiver: The failure of the Program Entities to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by the Entities will be effective only if in writing and signed by the Program Entities.
  5. Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
  6. Assignment: The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by an Applicant without the Program Entities’ prior written consent, but may be assigned by the Program Entities without consent or any restriction. Any assignment attempted to be made in violation of the Course shall be null and void.
  7. Survival: Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
  8. Headings: The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.