Terms & Conditions
1. License Terms & Conditions
The license terms and conditions stated herein (the "License Terms" hereafter) grant non-exclusive rights to AUTHORIZED USERS for using the product(s)/service(s) ("REPORT") offered by "Jadhavar Business Intelligence” ("JBI") in any form, and is applicable to all orders (an "ORDER") processed by JBI. The agreement is related to your use of the products and services offered by JBI. By placing the order, an individual ("you"), on his/her own or on behalf of an organization, agrees to the License Terms. The License Terms shall be binding upon the user upon acceptance of the delivery JBI’s research products (includes research reports, survey data, company profiles, custom research services, and any other product created and owned by JBI) or consulting assignments by JBI and any of its authorized distributors. The License Terms supersede and replace any other agreement accepted by you with respect to a prior version of the product/service.
Hard Copy or CD ROM
The Hard Copy or CD ROM delivery, with different license versions, is also available for our products on request. These License Terms shall apply, mutatis mutandis, to each Hard Copy/CD ROM delivery. The cost of delivery/shipping and handling is inclusive with the price of Group, Site, and Global Licenses; however, for a single-user license, additional charges are to be levied.
Annual Subscriptions
Certain products/product bundles are made available for a set duration of time as an annual subscription. Annual subscriptions are generally with "Enterprise (Global) License" and have usage rights as above regardless of the format of document ordered.
How to Order
Orders may be placed through the website at www.jadhavarbusinessintelligence.com by using an order form (whether provided on the website or made available to you by a third party)
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through an authorized distributor of JBI.
2. Payment
Fees: All fees should be paid as per the terms of payment mentioned in the applicable order (Fees). JBI has the discretion to cancel access to the product in case the full payment has not been received by JBI within the stipulated time.
Taxes: All fees that you shall pay to JBI are exclusive of all goods and services, sales, use or other taxes, customs, duties, and similar levies. All the aforementioned payment payable in or to any jurisdiction or authority whatsoever shall be your sole responsibility. This payment will exclude taxes levied on the income of JBI.
Overdue Amounts: Overdue amounts shall bear interest that will be calculated from the due date until the date that payment is received by JBI. You shall pay the interest at a rate of two percent (2%) per month compounded monthly (which is equivalent to 26.86% per annum) but shall not exceed the maximum amount permitted by law.
Collection Expenses: The user is required to reimburse JBI for the entire collection-related expenses incurred by JBI, which shall include all attorney's and service fees arising out of collections of overdue fees and taxes.
No Refunds: No refunds will be considered in case of:
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non-use or partial use of any Product(s)
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refunds for unused months in case of Annual Subscription
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upgrade/downgrade refunds
Compliance and Change of Scope: JBI shall exercise the right to ensure the users’ compliance with the aforementioned License Terms, using any method available to and preferred by JBI. In case any non-compliance on your part is detected in relation to any Product(s) purchased, JBI may, in its sole discretion, without causing any effect to any other rights of JBI under these License Terms may initiate the following:
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Modify the scope of or upgrade the relevant license to bring it into compliance with the actual usage of the Product(s).
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Invoice you with such additional fees that have arisen due to change of the scope of the license. Further, JBI has the right to initiate any other step that deeps necessary to rectify such non-compliance.
3. Cashback
These terms & conditions and any amendments thereof are part of a contract between you and JBIAnalytics LLP. It also governs the use of JBIAnalytics Wallet offers referred to as "Offer,” which is/are subject to the following terms and conditions of use (Conditions and/or Terms). If you do not agree to the Conditions, kindly do not use, access, avail, claim, redeem, and/or download the offers. By participating in our Offer, users agree to abide by these terms & conditions and waive any right to claim ambiguity in these terms & conditions.
1. Offers can only be redeemed by the purchaser/purchasing organization after presenting valid proof of claim.
2. The cashback balance is valid up to 12 months from the date of purchase.
3. The cashback offer can be redeemed at will by the purchasing organization or by any of its authorized associates across all the participating brands of JBIAnalytics LLP as listed below:
www.jadhavarbusinessintelligence.com
4. Every valid purchase will make you eligible for 50% cashback and you can pay up to 25% of your next purchase value through your wallet balance. For example, if you have purchased reports worth $2,000, you will be credited a wallet balance of $1,000. If in your next purchase, at any of the other participating brand, you chose to purchase reports worth $1,500, you may pay 25% of the purchase price through your wallet, that is, $375 and rest through your card/wire transfer. So, you will be required to pay only $1,125. What’s more, you will again receive a cashback of 50% on the amount paid in cash, that is, $562.5 (50% of $1,125) that can further be used in future purchases. Thus, your new wallet balance will be $1,187.5 ($1,000-$375+$562.5).
5. Wallet balance can only be used to purchase reports/customization/consulting studies through any of the participating brands.
6. At no point whatsoever, the cashback amount can be redeemed for cash or claimed as refund or requested to be withdrawn.
7. JBI Analytics LLP reserves the right to extend or terminate this Offer without prior notice. JBI Analytics LLP reserves the right at any time, without prior notice, to add/alter/modify/change or vary all of these Terms & Conditions or to replace wholly, or in part, this Offer by other offer(s), whether similar to this Offer or not, or to withdraw it altogether.
8. The Offer may not be available wherever prohibited and products/services for which such programs cannot be offered for any reason whatsoever.
9. JBI Analytics LLP shall not be obliged to make any public announcements to intimate the successful Wallet Users about the cashback under the offer.
10. Any person who takes advantage of this offer shall be deemed to have read, understood, and accepted these terms and conditions.
11. JBI Analytics LLP Wallet Users are requested to be accustomed, understand, and agree to these terms and conditions of the Offer before participating in or making any purchase in relation to this Offer. Participation in the Scheme is the discretion of the JBI Analytics LLP Wallet User, and it shall not, in any way, affect the performance of the product purchased under the Offer.
12. Any disputes regarding delivery, service, suitability, merchantability, availability, or quality of the Offer and/or products/services provided by the third party under the Offer must be addressed in writing by the Wallet User directly to the third party. JBI Analytics LLP will not entertain any communication in this regard.
13. The decision of JBI Analytics LLP will be final & binding on all the Users participating in this Offer and that the same is non-contestable.
14. JBI Analytics LLP Terms and Conditions Apply.
4. Discounts and Offers
Anniversary:
In addition, in case of any customization or modification request, JBI is willing to assist its clients in getting it resolved from our in-house research team. However, the payment cannot be reimbursed in any situation in order to avoid a data breach. Please check our return policy for further clarifications.
Promo Code
Promo Code can only be applied after adding the report to the cart. It can be applied once per cart. The cart can have one or more reports.
All reports bought using promo code are entitled to post-sale analyst hours support from JBI’s research team in order to help them expand their report proceeds. However, the number of analyst hours support depends on the discretion of JBI.
In addition, in case of any customization or modification request, JBI is willing to assist its clients in getting it resolved from our in-house research team. However, the payment cannot be reimbursed in any situation in order to avoid a data breach. Please check our return policy for further clarifications.
Please check all fresh discount and offers with the JBI’s Sales executive or Research Partner or Relationship Manager before the purchase.
5. Ownership
Intellectual Property Rights are the sole property of JBI that includes but is not limited to the following propriety rights: All copyrights, utility models, patents, service marks, trademarks, database rights, design rights (whether registered or unregistered), and proprietary information rights. You should acknowledge that you shall not obtain any Intellectual Property Rights relation to Product(s) or its (their) usage except for the license granted by JBI to use the Product(s) as mentioned henceforth.
In relation to third-party claims, you are liable to indemnify JBI, as a result, any transgression of any Intellectual Property Rights mentioned under the License Terms. You acknowledge that JBI (or its licensors) has the right to initiate any proceedings caused due to any such infringement or any sort of claim relating thereto. Moreover, you shall comply with any such proceedings acknowledging that any recovery in pursuant to such proceedings shall accrue solely for the benefit of JBI.
6. Disclaimer of Warranties and Limitation of Liability
Disclaimer: All Product(s) are provided on an as is, as available basis. JBI adds an express disclaimer to all the warranties including that of merchantability and fitness for a particular purpose. JBI, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of JBI or its affiliates make no warranty that the service or content in relation to the product:
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will comply with any specific requirement
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will be uninterrupted, timely, secure, error-free, or virus-free
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will contain accurate, reliable, or complete results. The users are solely responsible for the selection, suitability, and the use of the Product(s) and acknowledge that, as stated above, JBI does not provide any additional warranties or guarantees relating to the Product(s).
No Liability: JBI, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of JBI or its affiliates is not responsible for any direct, indirect, incidental, special, consequential, or exemplary damages. The aforementioned damages may include but are not limited to intangible losses (even when implied in advance) and other such damages for loss of profits, goodwill, or data. The data cannot be used for any medico Legal, civil law; common law; customary law; religious law and mixed law bankruptcy law cases.
The above losses may arise in relation to:
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the use or the inability to use any Product(s)
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the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into by the user concerned with the usage of Product(s)
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any unauthorized access to or alteration of any Product(s)
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any price change, of any Product(s) or (v) any other matter relating to any Product(s)
7. Confidentiality
The usage of the product(s) must be in compliance with the terms laid down under the License Terms (Confidential Information). In relation to the usage of the product(s) you are prohibited to copy, alter, adapt, publicize, disclose, or in any way part with possession of any information of JBI, which you possess as a result of these License Terms.
This compliance shall exclude information which:
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you can prove was owned by you at the same date it was received or obtained; or
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you have obtained from a third party having a sound legal standing
8. Notices
Any notice, invoice, or other document sent from one party to the other shall be duly given if sent to an authorized representative of the other party or individual by following modes of delivery:
This compliance shall exclude information which:
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registered mail or courier delivery to the recipient party’s principal place of business,
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facsimile, or
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email (with return receipt requested)
9. Terms and Termination
General: The aforementioned License Terms shall be deemed to be effective as of the date of acceptance of JBI of an Order from You (the Effective Date) and shall remain in force until the user terminates the association in accordance with the terms of the license agreement. Notwithstanding any term contained in Section 8, JBI may, in its sole discretion, terminate any license granted to you hereunder without notice in the event of non-compliance by you with these License Terms, including, but not limited to the non-payment of any amounts due and payable to JBI.
Annual Subscriptions: Annual Subscription that users make shall commence on the Effective Date applicable to it and will be effective for a 12-month duration (the Initial Term). Thereafter, each Annual Subscription shall renew for the successive 12-months period (each, a Renewal Term). Either party may cancel the relevant Annual Subscription with prior 3-months’ notice communicated in writing to the other party.
10. Agility
Agility is about being nimble & responsive to changes in business while focusing on creating value for the customers. Much agile management, as well as technical practices, have been developed to heal the rift between development and the business.
JBI fosters the agility management techniques with early and planned iterations for each of their projects. We identify and prioritize a superset of features and believe in providing flexibility in terms of our services. Our customers are benefited with iterated information as per their unique requirements. We also provide data insights in terms of numbers, charts, timelines specific to an industry, or a geographic region.
11. Applicable Laws
These Terms and Conditions of Use and any disputes, claims, or proceedings arising out of or in any way relating to these Terms and Conditions of Use shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of India. The courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to these Terms and Conditions of Use. The terms and conditions are in compliance with the recently introduced General Data Protection Regulation (“GDPR”) by the European Union.
Our Terms and Conditions currently address the consent to use personal data and is reformed to ensure we comply with Article 7 of the GDPR (Conditions for consent). We are developing processes for recording consent, making sure that we can evidence an agreeing opt-in, and a way to withdraw consent at any time for marketing purposes only. Consent cannot be withdrawn for data relating to financial transactions once activity begins. We do not use any of our users’ data for unethical purposes. Nor do we share the sensitive personal information to any third party without obtaining the prior consent of the User.
12. Miscellaneous
Entire Agreement: The entire agreement entered in by the parties relating to the licensing of the Product(s) consists of these License Terms, along with any terms and conditions set forth in an Order. This makes null and voids all previous agreements and understandings, whether oral or written, relating to such licensing. In the event of any dispute between these terms and conditions and any other Order, these License Terms shall prevail as a final document. Any modifications, amendments, or supplements to these License Terms shall be only effective unless each party signs it. Approvals or consents hereunder by any party have to be in writing.
Assignment: You cannot assign or transfer your rights or obligations under these License Terms to another party without the prior written consent of JBI.
No Waiver: The user shall not ask for any waiver or modification of any term or condition mentioned under the License Terms in case of failure of JBI at any time to enforce any of the other aforementioned terms.
Severability: In case, any provision of these License Terms, or an Order, is held to be invalid or unenforceable by any court of law or administrative body of competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the other provisions of these License Terms, and all provisions not so affected by such invalidity or unenforceability shall remain in effect. Further, all the parties present in the agreement should be ready to substitute for any invalid or unenforceable provision with a valid or enforceable provision to the maximum extent the economic objectives of the unenforceable provision is expected to be achieved.
Survival: Sections 2 through 7 and 9 shall survive the expiration or termination of these License Terms.
Governing Law and Jurisdiction: These License Terms shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of India.
Equitable Relief: You should acknowledge that non-compliance of these License Terms may cause JBI irreparable damage for which recovery of money damages may be inadequate. In that case, you shall agree that JBI shall be entitled, in addition to any other appropriate remedies available to it, to seek (in any court of competent jurisdiction) injunctive relief and/or other equitable relief to prevent or restrain any breach by you or otherwise to protect its rights, without being required to post a bond or other security.
13. Delivery Timeline & Formats
After the payment process completed, the report will be delivered within 12 to 24 working hours if report is readily available or off shelf after the quality check, in case of custom report will be delivered in promised timeline by the any of our representative PDF, Excel, PPT Or cloud access format, whatever the license client ordered, will deliver the same to the client’s email address, of receipt of payment.
In case the client opts for hard copies, they have to pay delivery charges levied by us, which vary according to the client’s location. Jadhavar Business Intelligence takes no responsibility if the report when collected is not in good condition or for any damage during shipment of goods. Only the publisher is liable to decide whether to make the replacement with no extra cost.
There are two types of reports JBI offers: syndicated and customized. Syndicated reports contain the data, statistics, and information as per our standard TOC format; while customized reports are developed based on specific requirements of a client. For clients requiring customized reports, you need to agree to the customized TOC before making the final payment. Following this, we will start working on your requirements and deliver the report in the formats you had already paid for.
It should be noted that once we finalize the TOC for customized requirements, we will deliver the same within given timeline. However, if there are additional requirements after finalization, the client needs to pay an additional cost as per the added requirements.