Terms and Conditions
Last modified: November 15, 2017
“Jaaga”, “Us”, “We”, or “Our” refers to jaaga.in or community.jaaga.in and includes our affiliates, as the case may be. "You", “User/s”, or "Your" means and includes a visitor, co-worker, member/subscriber (paid or unpaid), an existing entity or start-up who has in the past or is currently associated/registered with Us (and inclues their employees, agents, associates, clients, customers, guests, visitors and others associated with/through/under them), an Affiliate, an Expert or Fund or any other entity/individual associated thereto, using our website, co-working space, incusbation, services and/or facilities, as the case maybe; “Affiliate” refers to an individual or entity who is associated with Jaaga for the purposes of providing a coworking space and related services.
“Coworking Space/Incubator” refers to the Premises that is made available by Us or any our approved Affiliate/s for the use of activities as permitted by Us. “Services” means and includes provision of Premises and integrated systems of communication and assistance including the use of the website.
“Data” refers to all that information, documents etc., provided by You. This data may be provided to us through various means including personally, on our websites, telephone, e-mail, registration forms, polls, or such other similar channels.
When You use Our services, You will be subject to all Our terms, guidelines and policies. As long as you comply with such terms, policies and guildelines, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our website, space and services provided thereof.
Jaaga owns and operates the services provided through this Website. We reserve the right to modify, amend or vary any of these terms and conditions as well as the policies and guildelines as may be necessary.
1. Acceptance of Terms
We may change/modify the terms and conditions of use from time to time, at our discretion, with or without prior intimation to You and such modification shall be effective upon its posting on our website. You agree to be bound by any modification when You contiue to the space, premises, co-working, website and/or our services, or any part thereof, even after any such modification is posted on our website. It is therefore important that You review these Terms regularly.
2. Eligibility & Applicability
You are not eligible and may not use our space, premises, co-working, website and/or services, or any part thereof, if You are not eligible to enter into an Agreement as per the applicable laws in India. If You are a minor, We will require parental consent in writing before considering permitting you to be a part of our Community or in any manner associating with You.
These terms and conditions and policies (as applicable) applies to You
Whether You are an already existing User using our Premises and/or Services or a User intending to use our space, premises, co-working, website, and/or Services, or any part thereof, and if You are an individual or organisation (including a company, LLP, partnership etc.) and any other entity.
This includes Your agents, authorised representatives, affiliates, associates and people operating through or under You or Your reference.
Any other person or entity as the case maybe
3. Registration Requirements
We, at Jaaga believe that it is imperative for a successful venture to have optimum utilisation of resources, and We endeavour to make it simple for You to take advantage of the space, premises, coworking and related opportunities and/or services.
If You wish to become a member with Us, You must meet the following requirements:
- Meet the eligibility, registration and applicability criteria as per the laws of India and these terms and conditions;
- Submit the full and complete online application form;
- Provide true and correct details for the information sought;
- Wait for acceptance by Us
- Once accepted, register with Us and create an account in accordance with the instructions provided; (as instructed by us over email);
We may require a personal interview prior to accepting your application form. Jaaga reserves the right to accept or reject your application, without according any reason/s for the same. Please note that our acceptance or rejection will be communicated to You by e-mail.
Once You are a registered member, You are entitled to use our website, space, premises, coworking, and/or all services provided therein, or any part thereof, subject to payment of a remuneration.
This remuneration as well as the services available to You is dependent on the “membership type” opted by You.
It is Your sole responsibility to determine that your membership meets the needs of Your business and is suitable for the purposes for which it is used. Please note that this fee is non-refundable and is required to be paid in ‘advance’ or as per the ‘due date’ set by Us.
You may, at any point of time, cancel your membership with Us. This may only be done through a written communication addressed to Us with at least 30 days prior to the ‘due date’ for payment of the membership fee for the following month, unless agreed otherwise.
Unless, You communicate your intention to terminate/ cancel the membership, your membership will be automatically renewed. Your failure to make payment on time, may result in an automatic lapse of Your membership. Your failure to make payment shall make You liable for any reasonable costs incurred by Us in recovering the same including legal expenses charges etc.
We reserve Our right to terminate Your membership without any prior intimation, if You violate any of the terms and conditions or policies or guidelines,or for any other reason as it deems fit.
Associate Members (Experts/ Funds) & Affiliate/s
If You wish to become our associate members or our affiliates, You must meet the following requirements:
- Meet the eligibility, registration and applicability criteria as per the applicable laws in India and Our terms and conditions, policies and guidelines;
- Write to us at firstname.lastname@example.org;
- Provide true and correct details for the information sought;
- Register with Us and create an account in accordance with the instructions provided; (as instructed by us over email);
- We may enter into a separate agreements with the associate members/affiliates, once We are satisfied that all conditions are met. You cannot terminate the agreement, unilaterally, in any manner except as stipulated in the agreement between Jaaga and You.
- Your failure to make payment shall make You liable for any reasonable costs incurred by Us in recovering the same including legal expenses charges etc.
Additonal Conditions for Affiliates:
- If you choose to be an affiliate, please submit all the relevant documents required to ascertain the property details and verification;
- Declaration that the Premises provided is free and clear of all encumbrances and is in a condition fit for providing the space to our members for use;
- Wait for acceptance by Us;
- Sign the Affiliate Agreement with Us and Pay the Affiliate Fee as agreed.
- We may require a personal verification of the property and an interview with You prior to accepting your application form. Jaaga reserves the right to accept or reject your application, without according any reason/s for the same. Please note that our acceptance or rejection will be communicated to You by e-mail.
- Once You are a registered affiliate, We will provide You with the necessary training and kits for conducting the coworking space as per the standards prescribed by Us.
- If at any time, it is apprehended or it appears that You are not adhering to the standards as required by Us, or are indulging in unethical practices, We reserve the absolute right and liberty to discontinue our association with You without any further notice and in such cases, You are responsible for the losses suffered by Jaaga and/or its members.
General Registration Requirements
In consideration of Your use of Our space, premises, coworking, website and services, and/or any part thereof, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction.
You also agree to:
- provide true, accurate, current and complete information about Yourself while registering to avail the Services; and
- maintain and promptly update Your registration data to keep it true, accurate, current and complete.
- If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.
- You may access our website as available for Your information and use. Any information and/or content that is provided to You on our website may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the Our prior written consent.
- We reserve all rights not expressly granted in and to the Website and the Content.
- You will be required to enter a valid phone number and electronic mail account while registering on Our website. By registering the same with Us, You consent to be contacted by Us via phone calls, SMS notifications or instant messages, e-mails or such other similar method, as the case maybe, in case of any subscription/service updates. If at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below.
4. Account and Security
If You register with Us, You may be required to complete a verification process as part of setting up Your account and become becoming a part of Our community. Once setup, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
We do not make any representations as to the security of Our network or internet connections. You must adopt the security measures (e.g. encryption) You believe to be appropriate to Your circumstances.
From time to time, there maybe portions of the website, or other acitivities, outside of the internet, that may enable You to send emails and other types of messages/information to Us or to third parties and to participate in bulletin boards and discussion groups. All such emails, messages, information, postings to bulletin boards and discussion groups, activities, etc., become Our property once You submit them. Whenever You choose to initiate these kinds of communication with Us, or anyone else, You may be contacted in return. Also, remember that Our bulletin boards and discussion groups may be open to the public, and, therefore, Your postings can be seen by anyone and are not protected by Us. Please use Your discretion when deciding whether and what to post and whom to contact. We reserve the right, in Our sole discretion, to monitor, edit or delete postings from Our bulletin boards and discussion groups. This reservation of rights shall not under any circumstances obligate Us to conduct such edits or deletions, nor shall it cause Us to be liable for any such edits or deletions.
5. General Terms and Conditions and Users’ Obligations
Our Services depend on the information You provide. You are solely responsible for the Information You provide to Us.
- We reserve the right to collect user data including name, contact information and other details to facilitate the use of the space, permises, coworking, website or other service/s. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of all services and benfits extended to You, without the obligation of a prior notice to You.
- We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless: (1) You expressly permit Us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.
- You acknowledge and agree that Your association with Us or our Affiliates, does not grant you any rights including Intellectual Property Rights, by licence or otherwise.
- You shall ensure that You will not indulge in any activities like asking any person who is using the space, premises, coworking, website or any of the services, or providing any of the above services including the service provider to break any Police/ statutory/ and/or government rules or do such things which are immoral or unlawful in nature, for any purpose.
- We reserve the right to refuse to perform any tasks and refuse such a request by You. We also reserve the liberty to report any such request, if we deem it necessary.
- You agree and accept that the use of the space, premises, coworking, website and/or services provided by Us, as the case maybe, is at Your sole risk and further acknowledge that Jaaga disclaims all representations and warranties of any kind, whether express or implied.
- You can access the space, premises, coworking, website and/ or the services provided subject to the following conditions:
- You must abide by all applicable laws or regulations;
- You must not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the right of privacy) of others;
- You must not put out data/content that is patently offensive and/or promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual or exploits people in a sexual manner;
- You must not attempt to undermine the security or integrity of Our computing systems or networks or, where the Website is hosted by a third party, that third party’s computing systems or networks;
- You must not use, or misuse, the Website or services in any way which may impair its functionality or impair the ability of any other user to use of the Website or services as the case maybe;
- You must not attempt to gain/ gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the Website is hosted;
- You must not transmit, or input into the Website, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
- You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website or other services provided online;
- You cannot install any cabling, IT or telecom connections at the Premises without our prior consent;
- You must not promote information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- You cannot put out data/content/ information that violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work;
- You cannot solicit passwords or personal identifying information from other Users;
- You cannot put out data/content/information that involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- You must not put out any data/information/content that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation;
- You cannot hold yourself out as Our representative or attempt to assume any obligations on Our behalf;
- You cannot disclose, commercialise or otherwise use any Confidential Information provided to You in the course of your association with Us;
- You cannot alter any part of the setup of the Premises and/or leave any valuable possessions unattended in the Premises;
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our websites and related services;
- In the event that You provide to Us third party personal information such as any telephone numbers, street addresses, last names or e-mail addresses of anyone other than You, You are responsible for all third party information provided to Us;
- You agree that You will take good care of the Premises. You undertake to immediately inform any injury or damage to property or any person to Us and provide an account in writing if necessary;
- You will at times behave reasonably and ethically and in no manner disclose or publish information that is detrimental to Jaaga or its affiliates and members. We may prohibit or halt any activity in the Premises which in its opinion is objectionable, dangerous, unlawful, infringes a third party’s or our Intellectual Property Rights of or which is potentially detrimental to Our reputation;
- Your access to the space, premises, coworking, website and/or services is at Your risk. We are not responsible for You or your material/property and it is Your responsibility to secure insurance to protect Your property;
- You are liable to payment of any additional costs that maybe incurred for damage to the space or premises or printing or other expenses as the case maybe;
- You hereby agree, accept and acknowledge that You will keep confidential and will not disclose in any manner, to any body the confidential information that You may be privy to, or be exposed to during Your use of the website, Premises and services.
For the sake of convenience, “Confidential Information” shall mean and include all information, in whole or in part, that maybe disclosed by Us, Our employee/s, affiliate, agent, authorised representative, community member, co-worker, or a third party that is proprietary, confidential or private in nature. This information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that You are obligated to keep confidential or know or have reason to know should be treated as confidential.
6. Intellectual Property
Jaaga is the sole owner of the Website and all software created to provide You with the Services and any associated documentation and text. You may not, unless permitted by these Terms and Conditions, use the Website, or the material contained on it or linked to it (“the Material”), for any purpose. Such permission is specifically personal, non-transferable, and non-exclusive.
- We authorize You to view and access the content available on or from the website solely for your personal use. The contents of the website and of all other websites under Our control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other contents as well as compilation of contents (meaning the collection, arrangement and assembly), are Our property and are protected under law. Unauthorized use of such content will be violation of copyright, trademark and other intellectual property rights of Jaaga. You cannot sell or modify the said content or reproduce, display, publicly perform, distribute, or otherwise use such Content in any way for any public or commercial purpose. The use of our content on any other web-site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt our code that is created to generate any content or the pages making up any of its website which is also protected by our Intellectual property.
- All icons and logos that are the work/creation/conceptualisation of Jaaga , its affiliate/s or employee/s are the trademarks of and proprietary to Jaaga . The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- Jaaga owns the intellectual property in all the data/information/content that is collected by it or its affiliates or authorised representatives, agents, licensees etc. Systematic retrieval of Our content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission is prohibited. In addition, use of the Content for any purpose not expressly permitted by Jaaga in these Terms is prohibited and may invite legal action.
7. Termination or Suspension of Account or Services
These Terms and conditions of use, shall remain in full force and effect for so long as it is posted on any of Our websites. You agree that We may at any time and for any reason, terminate Your access to Our website and its services, or restrict or suspend Your access to all or any part of the Website, premises, space or coworking or services at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service including use of premises without prior notice or liability.
In any case, Jaaga may terminate its services to You:
- If You fail to comply with Your obligations as per the terms and conditions of Use and if You violate any of the ethical practices and terms and conditions of use.
- Jaaga or its affiliate as the case maybe, acting reasonably, is no longer able to provide You with access to the Premises.
Upon such termination, You are required to immediately return all property including all material, computers, data, keys etc., that may have been handed over to You and that belongs to Us; remove Your property from the Premises; vacate the Premises in a respectful manner; leave Your area of the Premises in a clean state.
Any material and property that may belong to You and that may have been left behind, We reserve the right and liberty to dispose it off in the manner We deem fit after a period of 30 days from the date of such termination.
8. Disclaimer of Warranties and Liability
All the services and information provided by Us, either on our website or otherwise made available to You are provided on "AS IS" and "AS AVAILABLE" basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing paragraph, Jaaga does not warrant that the Website and services provided pursuant thereto will be constantly available, or available at all.
- Jaaga will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its website or Services. We do not warrant that the Website; information, Content, materials, product or services included on or otherwise made available to you or electronic communication sent from us are free of viruses or other harmful components.
- To the maximum extent permitted by law, Jaaga excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Website, the Premises and Your association with Us otherwise.
- We may share some of our data, including personal information about you, with our affiliates, associate members, subsidiaries, and joint ventures that are committed to serving your online and service related needs.
- Jaaga, its affiliates, subsidiaries, joint ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity.
- Jaaga disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. While we take all reasonable care and caution to ensure that services of the affiliates and Experts/ Funds etc. are of the quality mandated, we neither warranty that it will meet Your requirements nor accept responsibility for the failure of the same.
- Jaaga will not be liable for any damages of any kind arising from the use of the Service offered including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- In any case, Jaaga limits its liability to 10% of the total monthly membership fee/ subscription fee or Rs. 5,000/-, whichever is lesser.
9. Proprietary Rights
All materials provided on our website and otherwise, including, without limitation, names, logos, trademarks, images, kits, print-outs, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Jaaga . You acknowledge and agree that all such content is made available for limited, non-commercial, personal use only. Except as specifically provided herein or, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
10. Links to Third Parties
We may introduce You to independent third parties to complete Your tasks where we refer independent third party service providers, You shall be liable to pay the costs or services and fees as applicable to such third party service provider. Jaaga disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
You agree to release, indemnify and keep indemnified Jaaga from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by Jaaga to the extent arising out of or in connection with Your:
- Failure to comply with these Terms and Conditions
- Use of the Website
- Use of the Premises
- Use of the Services
- Infringement of any Intellectual Property Rights, privacy or other rights of a third party (including but not limited to other coworking/community members/service providers)
You acknowledge, consent and agree that Jaaga may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process nationally or internationally;
- enforce these Terms;
- respond to your requests for service or complete your tasks;
- protect the rights, property or personal safety of Jaaga , its Users and the public; or
12. Additional Terms
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our website or otherwise. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
13. Integration Clause
These Terms together with the policies and guidelines and any other legal notices published on Our website, shall constitute the entire agreement between You and Jaaga concerning its Platforms and governs Your use of Our website, space, premises, coworking and/or services, as the case maybe, superseding any prior agreements between You and Jaaga with respect to Our website and Service.
14. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or website (or any portion thereof) with or without notice. You agree that We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.
15. Waiver and Severability of Terms
The failure of Jaaga to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
16. Governing Law and Venue
These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.
17. Exclusions and Limitations
Those who access or use our website from other jurisdictions do so at their own volition and are responsible for compliance with the local law.
18. Contact for Grievances
In case of any grievance arising from the use of the website or services provided, please contact us at email@example.com.