Terms & Conditions

Last updated on : 01 October 2023

Introduction and Terms of Use

The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website portal.jamku.app, API keys, content or application services (including but without limitation to any mobile application services) in connection therewith, ("Jamku Portal" or "WE" or "OUR" or "US") (collectively, "Platform").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy , separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and US. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with US for other services.

Fees

Fees for the Services are agreed with you upon sign up or onboarding. They may change from time to time. The continued use by any User affiliated with a Subscriber after the change indicates Subscriber’s agreement with the new fees and charges after the effective date of the change. Subscriber is responsible for providing complete and accurate billing and contact information to jamku.support@madrecha.com. We may suspend or terminate the Services if fees are 15 days past due. IF your ACCOUNT is set to AUTO RENEWAL, we may AUTOMATICALLY CHARGE at the time of RENEWAL, unless you notify us that you TO CANCEL OR DISABLE AUTO RENEWAL.

If you are required by law to withhold any taxes, then you must provide US with an official tax receipt or other appropriate documentation.

Force Majeure

We will not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including, but not limited to, acts of god, telecommunications failure, or theft or destruction of our services.

Severability

These Terms apply to the maximum extent permitted by relevant law. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Governing Law

Controlling Law THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY INDIAN LAWs EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. These Terms will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.

All the claims and disputes will be subject to Thane District (Maharashtra, India) Only.

Time Limitation on Claims

Claims must be filed within one week. You must bring any claim related to these Terms or our Services within one week of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it is not filed in time, the claim is permanently barred.

Our failure to enforce a provision is not a waiver of its right to do so later.

Relationship

Relationship between YOU and US is not legal partners or agents; instead, our relationship is that of independent contractors.

You shall comply with the applicable laws and rules before undertaking any Services provided by this Site and/or any transaction using the Site. WE provides information only. You will use your own judgment before making any decision pertaining to any litigation/notices as they may have monetary considerations.

By entering into these Terms you represent that you have the right, authority, and capacity to enter into these Terms on your own behalf and on behalf of the entity/organization for whom you are acting and to abide by all of the Terms contained herein and that if any aspect of your participation in the Site violates provisions of any applicable law to which you are subject, you will cease using the Services and close your account.

Intellectual Property

The content and features available on Platform, including but not limited to the app's design, text, graphics, images, and code, are the property of Madrecha Solutions Pvt Ltd. All intellectual property rights are reserved. Users are not permitted to reproduce, modify, or distribute any part of the website's, app's content without prior written consent.

Subject to your acceptance of these Terms, WE grants you a India wide, non-assignable, non-exclusive, non-transferable, revocable limited license to use the Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services.

Not an advisor

Jamku Portal is a technology platform and does not take any responsibility towards the Company or its investors/stakeholders for activities undertaken through the App or transactions undertaken by the Company and its investors/stakeholders using the tools and support services provided by Jamku Portal. For abundant clarity, Jamku Portal does not provide consulting services or substitute the services of a legal or financial advisor. Jamku Portal does not provide to any person, tax advice nor does it guarantee that the Services or the content provided by Jamku Portal is compliant with the laws of Your jurisdiction.

Cancellations and Refunds

There shall be no refunds against the applicable charges for services for downtime or interruption of our services. A credit allowance may be considered for significant interruptions in service, but no credit allowance will be given for interruptions or delays in the service caused by downtime of tax webistes or mistakes, omissions, interruptions, delays, errors or defects caused by failure of equipment. You will not be provided any credit or any type of refund in the event you terminate the service or subscription prior to the end of subscription period.

Disclaimer & Limitation of Liability

Platform and its artificial intelligence features are provided on an "as-is" basis. While we strive to maintain accurate and up-to-date information, we do not guarantee the completeness, reliability, or accuracy of the content. You acknowledge that the use of our services is at your own risk.

In no event shall We be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our services, including but not limited to damages for loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, in no event will US, its affiliates, directors, officers, employees, agents, entities or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of US and its affiliates, officers, employees, agents, entities and licensors relating to the services will be limited to an amount not greater than 1000 Indian Rupees (One Thousand). The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Any dispute shall have to be resolved amongst themselves and the user hereby indemnifies US from any such disputes or claims or litigations or related thereof.

You agree to indemnify and hold US and its affiliates, directors, officers, employees, agents, entities and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to YOUR use of OUR Services or any wilful misconduct on your part.