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TERMS OF SERVICE "TERMS"

Terms of Service ("Terms")

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://jvcollab.com or https://jvcollab.com or https://app.jvcollab.com website operated by JV Collab ("us", "we", or "our") or any of our websites including, but not limited to http://leads.jvcollab.com, https://social.jvcollab.com, https://docs.jvcollab.com. Where JV Collab is referred to, this also incorporates all trading names. These Terms sets out our commercial relationship, including your rights and obligations when accessing and using the websites listed above, platform, products, materials, lead generation search information, or any other technology, services, or related lead generation search information we provide you (collectively, the “Service”).

You will also find our privacy policy for our websites located here.

These Terms apply to all visitors, users, and others who access or use the Service. You warrant that you are at least 18 years old and legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.

By clicking “I Accept,” or by downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood and are bound by the Terms and our Privacy Policy.

Purchases

If you wish to purchase any product or service made available through the 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.

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.

By submitting such information, you grant us the right to provide the information to third parties to facilitate the completion of the Purchase.

We reserve the right to refuse or cancel your order at any time for certain 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.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Some parts of the 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 either monthly or annual, depending on your subscription plan when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it.

Cancellations must be in writing and must be received within 14 days of the next rebill date. Cancellations can be processed by contacting JV Collab customer support team at https://support.jvcollab.com/

Payment

A valid payment method, including credit card or PayPal, is required to process your Subscription payment. You shall provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, your access to the Service will be denied until such time as the subscription, license, or access fee is paid in full. You can contact support at https://support.jvcollab.com/ to arrange payment.

Free Trial

JV Collab may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by JV Collab until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

Fee Changes

JV Collab, in its sole discretion and at any time, may modify the Subscription fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

JV Collab 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.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

In most cases refunds will not be granted as the products sold are digital of nature and available immediately after purchase. Certain refund requests for Subscriptions may be considered by JV Collab on a case-by-case basis and granted at the sole discretion of JV Collab. Refunds will be at the sole discretion of JV Collab or its agents. It may include recouping associated costs and fees for the system at the discretion of JV Collab. Due to the digital nature of the products sold, refunds are not normally granted.

Accounts

When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your account on our Service.

You are responsible for safeguarding your password to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities related to your account or your password.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes any person's copyright or other intellectual property infringement ("Infringement").

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 that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" via our support channel and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

Copyright Infringement Notice

In order to lodge a complaint with us, please contact us using our published support channels with the following information:

Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of JV Collab and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of JV Collab. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.

Links To Other Web Sites

Our Service may contain links to third-party websites or services not owned or controlled by JV Collab.

JV Collab has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices.

You further acknowledge and agree that JV Collab 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. To cancel ongoing subscriptions, please do so at https://support.jvcollab.com/ Please note that cancellations must be submitted through https://support.jvcollab.com/

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other related actions taken by us.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) we have for you in our records.

Upon termination of your account, any payments from referred customers will be redirected to our parent company (JV Collab), instead of the reseller. If a client was onboarded indirectly without using the payment system, such as through a reseller coupon or other method granting free access, that client account will be cancelled upon the reseller’s cancellation.

Compliance With Relevant Laws; No Illegal Use

You agree to comply with all relevant laws, regulations, and rules (“Relevant Laws”) in connection with your access to and use of the Service, including but not limited to laws relating to copyright, spam, privacy, data protection, or trademark, intellectual property, export control, and regulatory requirements, and expressly including Spam Laws.

Further, you agree not to use the data provided by JV Collab for any unlawful purposes or in a manner that is prohibited by these Terms. This includes any use that could damage, disable, overburden, or impair our services or interfere with any other party's use and enjoyment of our services.

For the avoidance of doubt, Relevant Laws include any laws in your jurisdiction and the laws of any jurisdiction under which the access to and use of the Service may be governed.

“Spam Laws” means applicable spam laws and regulations in any relevant jurisdiction, including the Australian SPAM Act 2003 (Cth) (“SPAM Act”), the U.S. Federal CAN-SPAM Act of 2003 (“CAN-SPAM”) and Canada’s Anti-Spam Legislation (“CASL”), together with any amending or replacement legislation and regulations.

Without limiting your obligations under this clause, you must ensure that, for the purposes of the SPAM Act:

(a) you must not send, or cause to be sent, a commercial electronic message that has an Australian link that would breach section 16(1) of the SPAM Act;

(b) to the extent you are relying upon section 16(2) of the SPAM Act in relation to the sending of an electronic commercial message, you must ensure that:

(i) the relevant account holder has consented to the sending of the message, where such consent satisfies the consent requirements in Schedule 2 of the SPAM Act, including where the applicable consent to the sending of the message may be inferred from publication on an electronic address; and

(ii) the messages you propose sending to the account holder are relevant to the work-related business, functions or duties of the employee, director, officer, partners, of other employed individual concerned.

In the event you become aware of any breach, or potential breach, of the SPAM Act by you or the organisation you represent, you must immediately notify us:

(a) where you have contravened section 16 of the SPAM Act; or

(b) where you suspect you may have, or may at any future time, contravene section 16 of the SPAM Act.

You acknowledge that you shall, upon reasonable request by JV Collab, provide JV Collab information in relation to your proposed use of the email address lists we provide you from time to time, including for the purposes of confirming whether such email address lists will be used in connection with sending commercial electronic messages in contravention of section 16 of the SPAM Act. JV Collab may request such information before or after granting you access to the Platform and for the duration of the Subscription term.

For avoidance of doubt, you are responsible for ensuring all relevant requirements under Relevant Laws (which differ from country to country), including Spam Laws and the SPAM Act, are satisfied, including obtaining independent legal advice where necessary.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses relating to any claim arising out of or related to your access to and use of the Service (including data) or your breach of these Terms and any Relevant Laws or the rights of another person or party. You acknowledge that JV Collab and its agents are not liable for technology failures that may cause damage to you or your business.

This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

Limitation Of Liability

To the maximum extent permitted by applicable law you agree that we shall not be liable for any damages from using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantages), however, it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth), including, but not limited to, any misleading statements made and/or incorporated into any content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays, or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Services and the data provided under the Service is at your sole risk. The Service and data is provided on an "as is" and "as available" basis. The Service and data is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, course of performance, completeness, accuracy, reliability, suitability, or availability of the Service, and we expressly disclaim any such warranties.

We are constantly updating our offerings of products and services on the Service. We cannot, and do not, guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We may experience delays in updating information on the Service and in our advertising on other websites. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice.

Applicability Of Exclusions

Some jurisdictions do not allow the exclusion or disclaimer of certain warranties or the exclusion or limitation of liability for certain matters, in which case certain provisions set out above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes To These Terms

At our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect.

It is your sole responsibility to check these Terms for any changes periodically. If you do not agree with any of these terms changes, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.