TERMS OF SERVICE AGREEMENT
LAST REVISION: 12 December 2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERVICES / PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, [https://jubatus.in] (the “Website”), JUBATUS® Experiential Education Technology Solutions™ (OPC) Pvt. Ltd., hereafter referred to as JUBATUS® (“Business Name”) where needed, in the rest of this service agreement; offers of PRODUCTS AND OR SERVICES for purchase on this Website, or your purchase of products and or services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. JUBATUS® reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. JUBATUS® will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. JUBATUS® encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may exclusively have (currently and in the future) with JUBATUS® for other products and or services. If you do not agree to this Agreement, in addition to the other terms and conditions you may have received through email from the Managing Director and CEO, any Key Managerial persons / officers whose details are posted or likely to be posted in this website in the future; (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products and or services (the “products and or services”). By placing an order for products and or services through the email id, and phone numbers, call to action button, and online purchase method mentioned in this Website currently and in the future, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct JUBATUS® sales team members / any other competent authority such as the Managing Director & CEO, and officers, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations JUBATUS® and its designated in house or third party call team(s).
Opt Out Procedure: JUBATUS® provides 2 easy ways to opt out of from future solicitations. 1. You may reply to any email solicitation that you may receive from JUBATUS® and just send a reply to the same email with the subject line being “opt-out”
2. You may also choose to opt out, via sending your email address to: email@example.com with the subject line being “opt-out”. If your email subject line does not have “opt-out”, it will make our task very difficult to remove your email id and the contact number. This, in turn may result in receiving a few more solicitation emails and phone calls. However, JUBATUS® will ensure that your expectation for not receiving any more solicitation emails and or phone calls is adhered to as soon as possible.
Proprietary Rights. JUBATUS® has proprietary rights and trade secrets / trade knowhow or the tacit knowledge needed to render the products and or services listed in the website. You may not copy, reproduce, resell or redistribute, reengineer, or reverse-engineer any process, model, product and or services mentioned in the website including the Trademarks (already registered and applied for) that are offered and/or licensed to others by JUBATUS®. JUBATUS® also has rights to all trademarks and processes and models mentioned in the website, unique usage of acronym such as BITE (expanded as Business Consulting, Image Consulting, Technology Consulting, and Education Consulting) which is conveyed as JUBATUS® BITE, newly created words such as ‘’Future-Focus’’, ‘’Wise-Walks’’, “Get out to Outgrow” and specific layouts of this webpage, including calls to action, text placement, images, all videos or any part thereof and other information provided in the workbooks and follow-up materials bundled along with any consulting service and or products what are listed on this website.
GST. If you purchase any products and or services, you will be responsible for paying any applicable GST.
JUBATUS® greatly supports transparent Corporate governance and promotes Digital transactions as they pave for accountability and Nation Building. Hence, all purchases and payments including advance payments / reservation charges; must be remitted only through digital methods favoring the legitimate Current Account of JUBATUS® whose details are found on the Contact Webpage in this website.
JUBATUS® values every client regardless of the nature of the client, type of business, continuity, repeatability, and volume of business a client provides, and without any biases that may be from local / social belief system, gender, sexual orientation, ethnicity, and religious backgrounds. JUBATUS® believes in contributing to society, India, and the mother Universe. But, by merely making advance payment / part payment for any product and or services rendered by JUBATUS® whose details are listed in this website, it does not empower any individual, professionals, NGOs, religious organizations, registered trusts, registered societies, registered partnership firms, and incorporated companies (both public and private) to monopolize the working hours to immediately troubleshoot any problem through a Phone Call. JUBATUS® does not have specific prioritized Support system through email and or phone, which it will set up in the near future by revising this agreement and notifying the same in this website.
Existing clients’ calls will be answered promptly, by taking stock of any particular grievance or need. Existing Clients having any grievance should either send an email to firstname.lastname@example.org only with the subject line “grievance” by reasonably explaining the problem in English. Those clients, who are not conversant in English, can leave a WhatsApp Audio message in Tamil or Malayalam or Hindi to +91 75988 77777 clearly explaining their grievance. For the resolution of any issue, the client with the grievance should be ready to receive a call within the next three business days of their notification through email or through WhatsApp audio message in the language notified above from 09:00 Hrs 10:00 Hrs from MON-FRI.
If after all attempts for resolving their grievances by JUBATUS®, any client who is not desirous to continue with our product and or services, can follow the procedure laid down on our Refund and Cancellation Policy Web page in this website.
Content; Intellectual Property; Third Party Links. In addition to making the services available, this Website also may offer information and marketing materials. JUBATUS® does not always create the information offered on this Website; instead the information / research publication is often gathered from other sources to sensitize the prospective clients. To the extent that JUBATUS® does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. The research data that may be published through in-house preparation at JUBATUS®, can only be quoted for Academic and Research Purpose with proper citation / credit to Prof. CHRIS M JAYACHANDRAN, the Founder, Managing Director and CEO of JUBATUS® who also is the Head of R&D at JUBATUS®, along with the proper incorporation legal name (JUBATUS® Experiential Education Technology Solutions™ (OPC) Pvt. Ltd.) Any links to third-party websites are provided solely as a convenience to you. JUBATUS® does not endorse the contents on any such third-party websites. JUBATUS® is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; JUBATUS® is not responsible for any damages resulting from use of this website by anyone, and or by applying information contained therein partially or fully hoping to solve any Institutional, Organizational, professional or personal problem of any nature. JUBATUS® does not establish that neither its Founder, Managing Director and CEO Prof. CHRIS M JAYACHANDRAN or its any other officers and Consultants / associates / Teachers / Research Scholars are the only expert having the right solution to solve any Institutional, Organizational, professional or personal problem of any nature. Your discretion is requested. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk email or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from JUBATUS® or the applicable third party (if third party content is at issue).
Posting and Feedback submission through email@example.com email id. By posting and submitting your feedback, storing, or transmitting any content on the Website in certain posts existing now or that those will be made available in the future such as through the office blog website of JUBATUS®, you hereby grant JUBATUS® a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. JUBATUS® does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post or feedback submission through firstname.lastname@example.org email id. JUBATUS® is not liable for any damage or harm resulting from any posts or by feedback submission or through interactions between users. JUBATUS® reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content JUBATUS® deems objectionable, at its sole discretion.
3. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICES / PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS AND OR SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUBATUS® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT / SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS AND OR SERVICES. (“SERVICES” INCLUDE FREE SERVICES, ONE HOUR TRIAL SERVICES, WEBINARS, PRE-RECORDED LECTURES DISPLAYED IN THIS WEBSITE AND ANOTHER WEBSITE NAMELY https://jubatus.tv THROUGH YOUTUBE, WORKBOOKS, FOLLOW-UP MATERIALS PROVIDED WHEN RENDERING ANY CONSULTING SERVICES)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUBATUS® MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR AS A REPLY TO YOUR EMAIL EITHER FROM email@example.com OR FROM firstname.lastname@example.org EMAIL IDS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND OR SERVICES OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED AND ANY DEFICIENCY AS PERCEIVED BY ONE OR MORE CLIENTS IN SERVICES RENDERED TO THEM WILL BE CORRECTED BY PURSUING CORRECTIVE MEASURES WITHIN REASONABLE TIME-PERIOD.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
In case of Outdoor training programme, Industrial Visits, and Package Tours, both anywhere in India and abroad, when planned to be accompanied by the guides / animators / or any other staff of JUBATUS® such as the Managing Director and CEO; there will not be any explicit additional amount included in the price quoted. Thus, even if initially agreed to accompany the group, a travel guide / animators / or any other staff of JUBATUS® such as the Managing Director and CEO; could only be there with the group for partial duration or could not join the group after the commencement of the journey due to any unavoidable / unforeseen or even personal reasons, no refund of the already paid amount is allowed in such cases and the client is expected to adhere to the travel schedule / tour itinerary. For all Outdoor Training, Industrial Visits, and package tours, the client (having the authority to represent the entire traveling group), should remit at least 80% of the order / contract value. While booking various tickets for the journey / travel / tour all local body / state / central government regulations will be strictly adhered to, by JUBATUS® Each of the persons be it senior citizen, adult, minor / infants, should ensure that ‘No objection letter’ is either individually signed or being signed by the parent (for minors and students) accepting the risk involved in the planned journey / trip / outdoor training / package tour both anywhere in India, and abroad. JUBATUS® will not be responsible for the loss of life or properties or any other untoward incidents that are not under the control of JUBATUS® or in case of any injury, dismemberment, loss of life, or damage to the property / properties; neither JUBATUS® its Managing Director and CEO, director(s), officers, employees, or travel guides (both an employee of JUBATUS® or an experienced / approved travel guide working on contractual basis and or with other tour / travels organizations) will be held responsible to compensate partially or fully for the damage incurred by any person undertaking the Outdoor training, Industrial Visit, and or package tour. However, JUBATUS® will render all possible support and guidance to the affected clients by ensuring that the permissible compensation is provided by the appropriate forums / insurance companies, if the clients are eligible by statutory laws
4. LIMITATION OF LIABILITY
JUBATUS® ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND OR SERVICES AND /OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID VIA THE WEBSITE, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED AND AMOUNT YOU PAID FOR THE SERVICES LESS DEDUCTIBLE CONSULTING HOURS REMUNERATION CALCULATED AT RS.2000 (TWO THOUSAND ONLY) PER HOUR FOR ALL OTHER SERVICES EXCEPT IMAGE CONSULTING SERVICES. IN CASE OF DEDUCTING THE APPLICABLE REMUNERATION WHILE REFUNDING FOR THE IMAGE CONSULTING SERVICES ENGAGEMENT, IT WILL BE CALCULATED AT RS.5000 PER HOUR FOR CLIENTS IN INDIA (IN CASE CLIENTS FROM OUTSIDE INDIA, IT WILL BE USD $150 WILL BE THE PER HOUR TAKEN AS THE BASE HOURLY REMUNERATION FOR IMAGE CONSULTING SERVICES)
JUBATUS® WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS AND OR SERVICES MENTIONED ANYWHERE IN THIS WEBSITE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS AND OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS AND OR SERVICES OR CONTENT; (3) ANY PRODUCTS AND OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless JUBATUS®, and any of its contractors, agents, employees, officers, director(s), shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products and or Services(including Trial Products and Services, Free Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to JUBATUS® When JUBATUS® is threatened with suit or sued by a third party, JUBATUS® may seek written assurances from you concerning your promise to indemnify JUBATUS®; your failure to provide such assurances may be considered by JUBATUS® to be a material breach of this Agreement. JUBATUS® will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or PRODUCTS AND OR SERVICES, with counsel of JUBATUS® choice at its expense. JUBATUS® will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend JUBATUS® against any claim, but you must receive prior written consent from JUBATUS® regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or PRODUCTS AND OR SERVICES.
6. AGREEMENT TO BE BOUND
By using this Website or ordering PRODUCTS AND OR SERVICES, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. JUBATUS® will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. JUBATUS® may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and selling of the PRODUCTS AND OR SERVICES both including online mode and using direct person-to-person transactions.
Entire Agreement. This Agreement comprises the entire agreement between you and JUBATUS® and supersedes any prior agreements only pertaining to the subject matter contained herein; by leaving all other agreements, if any, with you, intact.
Effect of Waiver. The failure of JUBATUS® to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law & Jurisdiction. This Website originates from Chennai where the company is Registered, Tamil Nadu. This Agreement will be governed by the laws of the State of Tamil nadu without regard to its conflict of law principles to the contrary. Neither you nor JUBATUS® will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Chennai, Tamil Nadu only. By using this Website or ordering Products and or services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products and or services or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. JUBATUS® reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and JUBATUS® may, in its sole discretion and without advance notice to you and without assigning any reasons, cancel any outstanding orders for Products and or services. If your access to the Website is terminated, JUBATUS® reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until JUBATUS® chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. JUBATUS® makes no representation that the Website or Products and or services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. JUBATUS® may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS AND OR SERVICES FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.