Terms & Conditions of Jamuura Brigade


Access to and use of this website (www.jamuura.com) and the products and service available through the website are subject to the following terms and conditions. By browsing through this website and using the services provided by our website (www.jamuura.com), you agree to all terms and conditions along with the Privacy Policy on our website, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to our terms and conditions and/or our policies.

We reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.

Definitions:

1. “GTC” – shall mean General Terms and Conditions.

2. “STC” – shall mean Special Terms and Conditions associated with the subscribed services and detailed in the Schedule A of the GTC.

3. “SUBSCRIBER” or “MEMBER” – shall mean a person who has purchased either “Jamuura Indie” or “Jamuura Pro” or both the subscriptions. Subscribers to free services of Jamuura are also included.

4. “JAMUURA LOUNGE” – shall mean online courses and lectures in the form of webinars from select faculty and experts from the industry.

5. “JAMUURA or Jamuura.com” shall be used interchangeably and shall mean the same legal entity.

5. “FIRST webinar” – shall mean the first interactive webinar training session of the subscriber/member with a film maker/industry expert chosen by Jamuura.com in a subscription year.

6. “DISCOUNTED EQUIPMENT” – shall mean the filmmaking equipment that will be available for the subscribed members on a discounted rate.

7. “FESTIVAL SUPPORT” — Shall mean the representative support by Jamuura.com for the members who wish to participate in film festivals.

8. “BRAND CONNECT” — shall mean members may get an opportunity to work on brand assignments with the help of Jamuura.com

9. “CANCELLATION OF WEBINAR” — shall mean that a scheduled speaker will cancel his scheduled webinar date and Jamuura will have to go with a no show that day.

10. “RE-SCHEDULING OF WEBINAR” — shall mean that a scheduled speaker will postpone his scheduled webinar date to another date.

11. “SERVICES” OR “SUBSCRIPTION SERVICES” – shall mean the list of services that the subscribers can avail on the basis of their membership.

12. “PREFERRED VENDORS”- shall mean the vendors shortlisted and announced by Jamuura.com.

13. “WEBINAR” – interactive webinar training session of the subscriber/member with a film maker/industry expert chosen by Jamuura.com

General Terms & Conditions

1. Applicability & Tenure: The customer by subscribing to any of the Services of Jamuura.com, either by signing or electronically submitting the subscription order or accessing the Services without placing any order, shall be deemed to agree to the general terms and conditions (“GTC”) for the subscription period (mentioned in Schedule A of the GTC) or up till the cancellation of Subscription at the option of Jamuura or the Subscriber. Except as otherwise agreed in writing, these GTC of subscription, together with any specific additional or different terms and conditions included in specific subscription (hereinafter special terms and conditions “STC”), shall be the entire terms and condition applicable to the Subscription Services of Jamuura. In the event of contradiction between this GTC and the STC, the later shall override the former, but shall not affect the applicability of the remainder of the GTC relevant term or any other term included herein.

2. Subscription Offerings:This shall include Jamuura.com, subject to the STC, shall also include the under mentioned support to subscribers like:
a. Webinars –
i. Jamuura shall arrange and conduct webinars with reputed speakers from the film industry. The speakers would discuss the finer aspects of film making that would help the budding film makers to improve themselves as technicians. Jamuura’s choice of speakers shall be final and binding.
ii. Members shall be informed, by mode of email and other postings on the website of Jamuura and social media channels,of the Webinar 3 to 6 days in advance by mode of email/blog post and would require having the basic system requirements, mentioned in Schedule B, to participate in the Webinar.
iii. Jamuura will not be responsible for lack of equipment or Internet speed of Member
iv. Cancellation or Rescheduling of Webinar- In the event of cancellation or Rescheduling of webinar, member shall be informed in advance by mode of email/blog post. Jamuura choice of Cancellation or Rescheduling of Webinar shall be final and binding
v. Change of Speaker of Webinar- - In the event of change of Speaker of webinar, member shall be informed in advance by mode of email/Blog post. Jamuura choice of Change of Speaker of Webinar shall be final and binding

b. Equipment Rental –
i. Member understands that the Jammura Subscription shall entitle the Member to discounts with preferred vendors and Jammura shall have no role nor be privy to the contract between the Member and Preferred Vendor.
ii. Subscribers can avail Equipment Rental services from preferred vendors list mentioned on Jamuura.com
iii. Discount will be only available with the associated vendors of Jamuura.com
iv. Discount will be subject to the type and availability of equipment with respect to the vendors terms and policies
v. Members is bound by the Terms and conditions of rental agreement of vendor
vi. Member must take care of the equipment, return it in good condition to vendor
vii. Loss of or Damage to Equipment- Member shall be responsible for loss, damage or destruction of the Equipment, including to losses while in transit, while loading and unloading, while at any and all locations, while in storage and while on your premises.
viii. Use of Equipment- The Equipment shall be used only by member’s employees or agents qualified to use the Equipment.
ix. Jamuura will not be responsible for any damaged happens to equipment and expenses occurs towards it.
x. Jamuura.com shall not arbitrate nor be involved in any manner in the resolution of any dispute between the Preferred Vendors and the Member.

c. Festival Support –
i. Jamuura will act as a representative to members who wish to participate in film festivals.
ii. Member should have copyrights of film they want to send their films to International and National film festivals.
iii. Jamuura will provide suggestions for upcoming festivals to members where they believe the film to be best suited for on a periodic basis (approximately every 30 days)
iv. Based on inputs from the Member, Jamuura will create a festival shortlist
v. Jamuura will be responsible to apply for the shortlisted festivals on behalf of Member
vi. Jamuura will provide regular updates to Member on the status of relevant festivals
vii. Member shall provide Jamuura with all the necessary information required to apply for film festivals
viii. Member shall be responsible for all expenses undertaken towards courier charges, entry fee, DVD screeners, logistics and any other expense required to apply for any festival
ix. If any of the above expense is undertaken by Jamuura (on behalf of Member), Member shall reimburse the same; Jamuura shall take prior approval from Member for any such expense. The member shall be bound to make all payments of above mentioned expenses within 15 days of the event occurred.
x. In the event Member receives any prize money (monetary benefit) due to the service provided by Jamuura, Member shall pay Jamuura as Success Fee for the services provided by Jamuura.

IMPORTANT DISCLAIMER: The Subscribers are informed and accept that the filmmakers chosen by Jamuura will be reputable however Jamuura shall not be liable for the quality of the Webinars.

3. Subscription Services
a. The Subscriber shall subscribe to any of the Jamuura.com’s Services detailed in enclosed Schedule A of the GTC. The Subscriber shall, in addition to the GTC, also be bound by the applicable STC’s of the Subscription offerings purchased by the Subscriber.
b. The Subscriber shall use bonafide particulars to subscribe to the Jamuura’sservices which shall include but not be limited to:
i. Name
ii. Address
iii. Email ID
iv. Cell Phone or Land Line
c. Jamuura shall make all efforts to keep all communications with the Subscriber to prompt, however Jamuura, shall not be responsible for any issue of non-delivery of email(s) or postal mails solely attributable to blockages or any other reason at the end of the Subscriber.

4. General Purchase Condition(s):
a. The Subscriber shall be bound to make all payments in advance by the modes allowed under the STC for all subscriptions which shall include e-merchant gateways. In the event of payments being made through the e-merchant gateways the additional conditions mentioned in Schedule C shall be applicable and binding on the Subscribers (“Additional Conditions”). In the event of contradiction between this STC and the Additional Conditions, the later shall apply, but shall not affect the applicability of the remainder of the STC relevant term OR any other term included herein.

b. The Subscriber – shall be bound to make all payments under the success fee within 15 days of the success event and payment of cash prize.

c. All payment amounts mentioned in the GTC or STC shall be exclusive of the applicable taxes.

5. Refund & Cancellation Policy:
a. Cancellation
i. Subscriber cannot cancel the Subscription at any time after purchasing the subscription.
ii. Cancellation Procedure – Subscriptions cannot be cancelled.
b. Refund(s) –
i. Subscriber shall not be entitled for any refund of subscription fee in the event the subscriber cancel’s his participation for a webinar
ii. The Subscriber shall be entitled for refund of webinar fees against cancellation of Webinar in the event any “Webinar” is cancelled by Jamuura.com or reasons directly attributable to Jamuura. The amount and terms of refund shall be as provided in the STC.
iii. Subscriber shall be entitled for refund in the event of Rescheduling of any Webinar by Jamuura or in case of change of Webinar Speaker.
iv. Refund Procedure – Subscriber shall indicate by sending an email to customer care email ID of Jamuura.com (customer care email ID shall be indicated on the Jumuur.com website) in with the subject line mentioning “Refund For Webinar Cancellation”.

6. Intellectual Property Rights: Subscriber shall be exclusively entitled to all the rights and liabilities emanating from the content generated by the Subscriber.

7. Indemnity: Subscriber shall, at its own cost and expense, indemnify, defend and hold Jumuura and its directors, officers, harmless from and against any claims, action, lawsuit, judgment, losses, damage, liabilities, cost, and expense, and any amount paid in the defence or settlement, arising out of or in connection with
(i) Subscriber’s breach of any of the representation made in either GTC or STC
(ii) errors, omissions, wilful and gross negligence of Subscriber . Further, Jumuura shall allow Subscriber to manage the defence, and/or settle any third party claim. Subscriber agrees to reimburse Jumuura for all out of pocket costs incurred by Jumuura in connection with Jumuura’s conduct of or participation in any such defence, including without limitation, attorney’s fees and related expenses.

8. Liability for Jamuura’s Services:
a. Jamuura, and Jamuura’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

b. To the extent permitted by law, the total liability of Jamuura, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount the Subscriber paid Jamuura to use the Services (or, if Jamuura choose, to supplying the Subscriber the Services again).

c. In all cases, Jamuura, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

IMPORTANT DISCLAIMER: Jamuura provides services on “as-is” basis using a commercially reasonable level of skill and care than as expressly set out in these terms or additional terms, neither Jamuura nor its suppliers or distributors make any specific promises about the Services.

9. Modifying and Terminating Jamuura Services:
a. Jamuura is constantly changing and improving Services and may alter the terms and conditions accordingly without prior notice. However the Subscribers shall have access to the alterations from the Jamuura website or request the same at any time from the customer care of Jamuura via email. Subscribers shall be expected to visit the Terms and Conditions link regularly.

b. Any modifications will not be retrospectively applied will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the Subscriber does not agree to the modified terms for a Service, the Subscriber should discontinue your use of that Service.

c. These terms control the relationship between Jamuura and the Subscriber. They do not create any third party beneficiary rights.

10. Privacy Policy of Jamuura shall be as per the documents on the website http://www.jamuura.com/index.php/privacy_policy.

11. Dispute Resolution: Any dispute arising between the Parties in relation to Subscription in the first instance is settled by mutual discussions between the senior management of each Party. In the event such dispute is not settled in such manner within 30 days of the same having arisen, either party may refer the same for arbitration, with prior notice to the other Party. The arbitration procedure shall be conducted by a sole arbitrator to be appointed by the Bombay High Court, under joint application by the Parties under section 11 of the Arbitration And Conciliation Act, 1996 Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted at Pune in the English language. The arbitrator’s award shall be a reasoned award and shall be final and binding on both Parties.

12. Violation & Termination: You agree that Jamuura may, in its sole discretion and without prior notice, terminate your access to the website and block your future access if we determine that you have violated these GTC and/or STC. If you or Jamuura terminates your use of any Service, you shall still be liable to pay for any Service that you have already ordered till the time of such termination.

If you have any questions, comments or requests regarding our Terms of Service or the website please contact us at info@jamuura.com

Special Terms & Conditions


Schedule A:
1. Subscription offers/option: Jamuura Brigade

2. Subscription fee & tenure: – Rs. 2500 (Two Thousand Five Hundred only) Valid for One Year (referred to as “Subscription Fee”). The year will start from the day of payment. This fee is including service tax. This fee is an introductory offer and Jamuura has rights to change it anytime.

3. Offerings:
a. Jamuura Lounge:

i. One webinar is included in Subscription (referred to as “First Webinar”).

ii. For more than one webinar the subscriber shall be entitled over 50% Discount on Webinar Fee (referred to as “Additional Fee”).

b. Festival Support:

i. Subscriber can send his films to festivals through Jamuura for free.

ii. Subscriber will however have to bear the entry fee and all allied costs.

iii. Success Fee: Jamuura will get 20% of the prize money if the event the Subscriber wins an award amount in any film festival. The computations of the Success Fee shall be excluding any tax and shall be INR currency equivalent of the award amount. Rupee Foreign Currency Conversion Rates shall be as per the Reserve Bank of India on the date of the Award. The Subscriber – shall be bound to make all payments under the success fee within 15 days of receipt of the cash prize.

iv. Subscriber has to mention Jamuura.com as a festival partner in film credits.

c. Discount Equipment:

i. Jamuura Support for Mumbai Based Discounts.

ii. Support for any other city is not included and shall be considered on a request basis at no additional cost.

iii. List of Equipment would be (list of equipments covered) - Camera, lights, audio equipment, editing suite and sound studio.

d. Jamuura Grant:

i. Subscriber shall be eligible to participate in the “Grant Program” of Jamuura.

ii. Jamuura will give Rs. 50,000/-(Rupees Fifty Thousand Only) as a grant to one member on a monthly basis

iii. The members will need to send their registered bounded script and a 2 min scene (optional) along with unmixed audio track of their film.

iv. Jamuura shall full rights to select the awardee script.

v. In case subscriber receive Jamuura Grant price, Jamuura will own 10% of exploitable economic rights of winning project/film.

3. Cancellation & Refund:

a. No refund of Subscription Fee in the event of cancellation or rescheduling of First Webinar.

b. In the event of cancellation of any webinar,other than the First Webinar, by Jumuura 100% of Additional Fee shall be refunded to the subscriber within 30days of such cancellation.

c. In the event of cancellation of any webinar by Jamuura, 100% of Fee shall be refunded to the non-member within 30 days of such cancellation.
d. Jamuura shall have full rights to select the awardee script.

Schedule B:

For Basic System Requirements to participate in webinars Check here: https://support.citrixonline.com/webinar/all_files/G2W010003

Schedule C: Additional Conditions

1. User Account, Password, and Security -

a. Jamuura makes the Services available to Member through the Website only if user have created an account (“Account”) through Jamuura ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.

b. The Website requires user to register as a member by creating an Account in order to avail of the Services provided by the Website. Member will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Member Account. Member agree to

(a) immediately notify Jamuura of any unauthorized use of Member’s Account Information or any other breach of security, and

(b) ensure that you exit from Your Account at the end of each session. Jamuura cannot and will not be liable for any loss or damage arising from member’s failure to comply with this Section

c. Member may be held liable for losses incurred by Jamuura or any other user of Jamuura or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.

d. The Website also allows restricted access to the Services for unregistered users.

e. User should ensure that the Account Information provided by user in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

f. If member provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Jamuura has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jamuura has the right to suspend or terminate Members Account and refuse any and all current or future use of the Website (or any portion thereof).

2. Third Party Content- The Jamuura.com makes available general third party information such as, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to member on the email received by Member from Jamuura.

IMPORTANT DISCLAIMER: The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to member is obtained from sources believed to be reliable. Jamuura does not provide any guarantee with respect to any the Third Party Content and Jamuura shall not be held liable for any loss suffered by Member based on his/her reliance on or use of such data.

3. Jamuura authorized vendors do not have the right to make modifications to this Agreement or to make any additional representations, commitments, or warranties binding on Jamuura.

4. This Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay, interruption or other failure to perform under this Agreement due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labour disputes; and acts of government.

5. For subscriber, if Jamuura.com is unable to resolve a complaint satisfactorily, customer may be able to make a complaint through online feedback form available on website or can contact us on contact details mentioned on website.

6. Feedback and Information: Any feedback user provide to this Website shall be deemed to be non-confidential. Jamuura shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, user represent and warrant that:

a. His/her feedback does not contain confidential or proprietary information of his/her or of third parties;

b. Jamuura is not under any obligation of confidentiality, express or implied, with respect to the feedback;

c. Jamuura may have something similar to the feedback already under consideration or in development; and

d. User is not entitled to any compensation or reimbursement of any kind from Jamuura for the feedback under any circumstances.

Last updated: 30th July 2015