Terms of Service
1. Introduction
1.1 Welcome to Jumbaya Talesfarm Private Limited (hereinafter referred to as “Company”, “we” or “us”).
1.2 These terms of service (“Terms”, “Terms of Service”)govern your use and access of our website located at https://www.jumbaya.com and our mobile application Jumbaya (together or individually “Service(s)”) operated by the Company.
1.3 Our Privacy Policy found on https://www.jumbaya.com/privacy-policy govern all of use of our Service and explains how we collect, safeguard and disclose information that results from your use of our website and together with these Terms constitutes your agreement with us (“Agreement”). You acknowledge that you have read and understood the Agreement, and agree to be bound by it. You must not use our Service if you disagree with the Agreement.
1.4 Minors or people below 18 years old are not allowed to use our Services and any person below the age of 18 years availing the Services shall be deemed to have obtained parental consent to do so. The Company shall take reasonable efforts in order to validate such parental consent.
1.5 Capitalized terms not defined here shall have the meaning ascribed to it in the Privacy Policy.
2. License to use
The Company hereby grants you the limited right to access, view and use our Services only for the purpose of availing the Services provided and intended to be provided by the Company for its users. Any rights not expressly granted to you herein are reserved to the Company.
3. Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at Customer Support Email.
4. Purchases
4.1 If you wish to purchase any product or service made available through Service (“Purchase”),you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
4.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
4.3 We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
4.4 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
4.5 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
5. Contests, Sweepstakes, and Promotions
5.1 Any contests, sweepstakes or other promotions(collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
6. Subscriptions
6.1 Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
6.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Company cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Company’s customer support team.
6.3 A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including full name, address, state, zipcode, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment instruments.
6.4 Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7. Free Trial
7.1 The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
7.2 You may be required to enter your billing information in order to sign up for Free Trial.
7.3 If you do enter your billing information when signing up for Free Trial, you will not be charged by the Company until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
7.4 At any time and without notice, the Company reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
8. Fee Changes
8.1 The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
8.2 The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
8.3 Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
9. Refunds
Except when required by law, paid Subscription fees are non-refundable.
10. Content
10.1 Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
10.2 By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;(iii) the Content does not infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (v) cause us to violate any law or regulation. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
10.3 You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
10.4 The Company has the right but not the obligation to monitor and edit all Content provided by users.
10.5 In addition, Content found on or through this Service are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
11. Prohibited Uses
11.1 You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service.
11.1.1 In any way that violates any applicable national or international law or regulation.
11.1.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
11.1.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
11.1.4 To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
11.1.5 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
11.1.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
11.2 Additionally, you agree not to:
11.2.1 Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
11.2.2 Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
11.2.3 Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent, which includes processes like data mining, data harvesting, scraping, data harvesting, etc.
11.2.4 Use any device, software, or routine that interferes with the proper working of Service.
11.2.5 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
11.2.6 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
11.2.8 Take any action that may damage or falsify company rating or otherwise attempt to interfere with the proper working of Service.
12. Accounts
12.1 When you create an account with us, you guarantee that you are above the age of 18 (Eighteen), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
12.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
12.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
12.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
13. Educational Institutions
13.1 We may provide Services to teachers, coaches, schools, schools districts, and other educational institutions (“Educational Institutions/Providers”) for use in educational settings.
13.2 If you are an Educational Institution/Provideraccessing the Services on behalf of a school, school district,or other similar educational institution, the following terms apply to you:
13.2.1 Limitations on Use. The Services are provided to you for educational purposes and/or as part of the school curriculum. You must use the Services in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services.
13.2.2 Responsibility for Consent and Notices. You assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid parent user account or personal account for a student of eligible age. Furthermore you agree, individually and/or on behalf of the Educational Institution, that:
(a) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99(collectively, "FERPA"), Children's Online Privacy Protection Act ("COPPA"),and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about users/students
(ii) You represent and warrant to us that, prior to creation of accounts for the use of Educational Institutions, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:
under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; and
under COPPA, with respect to students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the student's personal information.
13.3 If a parent user does not consent or rescinds such consent, the school personnel or the Educational Institution shall immediately notify the Company to discontinue the student's access to the Services and ensure that such student's information is no longer accessible through the Services. Under no circumstances will the Company be liable for the school personnel's/Educational Institutions failure to consult their authorities and administrators or for failing to obtain consent when required.
13.4 In order for accounts established for use of the Educational Institutions, the classroom to be designated as "School Accounts," the accounts must be created by school personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using google any integrated service(to the extent we support use of such integrated service), or created by a student at the direction of any Educational Institutions’ personnel in each case, using a email address associated with an Educational Institution’s class on the Service.
14. International Use
You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render the Company in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
15. Intellectual Property
15.1 Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. Service is protected by copyright, trademark, and other laws of India. Our trademarks and trade dress may not be used in connection with any productor service without the prior written consent of the Company.
15.2 Subject to the license granted to the user as provided in Clause 1 of these Terms, all intellectual property rights are reserved. The user shall not:
15.2.1 sell, rent or sub-license material from the Services;
15.2.2 reproduce, duplicate, copy or otherwise exploit material from our Services;
15.2.3 edit, reverse engineer or otherwise modify our Services in any manner;
15.2.4 redistribute material from our Services without express written consent from the Company;
15.2.5 broadcast or otherwise show any material from our Services to the public.
16. Copyright Policy
16.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
16.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Customer Support Email, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.
16.3 You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and / or through Service on your copyright.
17. Links To Other Web Sites
17.1 Our Service may contain links to third party web sites or services that are not owned or controlled by the Company.
17.2 The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
17.3 You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
17.4 We strongly advise you to read the Terms of Service and privacy policies of any third party web sites or services that you visit..
18. Disclaimer Of Warranty
18.1 These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
18.2 Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
18.3 Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
18.4 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
19. Indemnity
You agree to indemnify and hold harmless the Company and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for the Company’s use or information or material posted or transmitted through your account even if not posted or transmitted by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.
20. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from the Agreements and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you
21. Termination
21.1 We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
21.2 If you wish to terminate your account, you may simply discontinue using Service.
21.3 All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
22. Governing Law And Dispute Resolution
22.1 Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of India without reference to its conflict of laws principles. Subject to Clause 22.2 (Dispute Resolution) below, the courts in Delhi, India shall have exclusive jurisdiction over all matters arising pursuant to this Agreement.
22.2 Dispute Resolution
22.2.1 If any dispute or difference arises between any of the Parties hereto during the subsistence of this Agreement or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Agreement or regarding any question, including the question as to whether the termination of this Agreement by any Party hereto has been legitimate, the Parties hereto shall be resolved by binding arbitration, by a single arbitrator, as mutually appointed by the disputing parties, in accordance with the Arbitration and Conciliation Act,1996. The venue for arbitration shall be Delhi, India, and the language of the arbitration shall be English.
22.2.2 The award rendered by the arbitrator shall be final, conclusive, and binding on all Parties to this Agreement, whether or not such Parties have taken part in the arbitration.
22.2.3 Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts, having jurisdiction to grant relief on any disputes or differences arising from this Agreement.
22.2.4 Subject to the award of the arbitrator, neither the existence of any dispute nor the fact that any arbitration is pending hereunder shall relieve any of the Parties of their respective obligations under this Agreement. Subject to any award of the arbitrator, the pendency of a dispute in any arbitration proceeding shall not affect the performance of the obligations under this Agreement.
23. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service at out sole discretion, to users, including registered users.
24. Amendments To Terms
24.1 We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
24.2 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
24.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
25. Assignment
The Company may transfer assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
26. Waiver And Severability
26.1 No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
26.2 If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
27. Acknowledgement
27.1 By using Service or other services provided by us, you acknowledge that you have read these Terms and agree to be bound by them.
28. Contact Us
Please send your feedback, comments, requests for technical support and customer support:
By email: support@jumbaya.com (“Customer Support Email”)
By visiting this page on our website: https://www.jumbaya.com/contact
By phone number: +91 22 4120 2509
