Terms of Service
JAN INNOVATION STUDIO PROPRIETARY LIMITED
Last updated: 07 Desember 2021
JAN Innovation Studio Pty (Ltd). trading as JAN Innovation Academy (“JAN Innovation Academy,” “we,” “us,” “our”) provides its services (described below) to you through its website located at academy.janonline.com (the “Site”) and through its mobile applications (“Applications“) and related services (collectively, such services, including any new features and Applications, and the Site, the “Services”), subject to the following terms (the “Terms”). Please read these Terms carefully, as they govern your use of the Services.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You can find the most recent version of these Terms here, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of these Terms whenever you access or use the Services to check if these Terms have been updated. You must review these Terms on a regular basis to keep yourself apprised of any changes. If you do not agree to any modifications to these Terms, your sole recourse is to immediately stop using the Services. Your continued use of the Services following the posting of any modifications to these Terms will constitute your acceptance of the revised Terms. Should you have any questions regarding these Terms, please contact us at the contact information listed at the end of these Terms.
1. ACCESS AND USE OF SERVICES
Use description. The Services, and any content viewed through our Services, are solely for your personal and non-commercial use. With your JAN Innovation Academy online course purchase we grant you a limited, non-exclusive, non-transferable, license to access the JAN Innovation Academy content and view your course(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances. JAN Innovation Academy may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms or otherwise.
If you are under 13 years of age, you are not authorized to use the Services. In addition, if you are under 18 years old, you may use the Services only with the consent of your parent or legal guardian.
Member Account, Password and Security: You may never use another’s JAN Innovation Academy account, and you may not provide another person with the username and password to access your JAN Innovation Academy account (your “Account“). You are fully responsible for any and all activities that occur under your password or Account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify JAN Innovation Academy of any unauthorised use of your password or Account or any other breach of security, and (b) ensure that you log off from your Account at the end of each session when accessing the Services.
User access. You will have access to the course(s) that you register for on the JAN Innovation Academy platform for ten (10) weeks from the date of purchase of a course, after which your access to that course expires automatically.
Modifications to Services: JAN Innovation Academy reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that JAN Innovation Academy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of your Account details or user content for any period of time beyond what may be required by applicable law.
General Practices Regarding Use and Storage: You acknowledge that JAN Innovation Academy may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on JAN Innovation Academy’s servers on your behalf. You agree that JAN Innovation Academy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that JAN Innovation Academy reserves the right to terminate accounts that are inactive for more than three years. You further acknowledge that JAN Innovation Academy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number if required for the purposes of providing the Services. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialled or pre-recorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
2. CONDITIONS OF USE
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. JAN Innovation Academy reserves the right to investigate and take appropriate legal action against anyone who, in JAN Innovation Academy’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, wrongful, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of JAN Innovation Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose JAN Innovation Academy or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, provincial, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Fees: To the extent that the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide JAN Innovation Academy information regarding your credit card or other payment instrument. You represent and warrant to JAN Innovation Academy that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay JAN Innovation Academy the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms. You hereby authorise JAN Innovation Academy to bill your payment instrument in accordance with the terms of the applicable payment amount (as well as any applicable taxes). If you dispute any charges you must let JAN Innovation Academy know within thirty (30) days after the date that JAN Innovation Academy charges you. We reserve the right to change JAN Innovation Academy’s prices without notice. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services.
Payments are non-refundable and there are no refunds or credits for partially used periods.
Commercial Use: Unless otherwise expressly authorized herein or by JAN Innovation Academy in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
3. INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by JAN Innovation Academy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by JAN Innovation Academy from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of JAN Innovation Academy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by JAN Innovation Academy.
The JAN Innovation Academy name and logos are trademarks and service marks of JAN Innovation Academy (collectively the “JAN Innovation Academy Trademarks”). Other JAN Innovation Academy, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to JAN Innovation Academy. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of JAN Innovation Academy Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of JAN Innovation Academy Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will JAN Innovation Academy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that JAN Innovation Academy does not pre-screen content, but that JAN Innovation Academy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, JAN Innovation Academy and its designees will have the right to remove any content that violates these Terms or is deemed by JAN Innovation Academy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Services: With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant JAN Innovation Academy, its affiliated companies and partners (including but not limited to JAN Innovation Academy instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, no-cost, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to JAN Innovation Academy, its affiliated companies or partners are non-confidential and JAN Innovation Academy, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that JAN Innovation Academy may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of JAN Innovation Academy, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: JAN Innovation Academy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify JAN Innovation Academy of your infringement claim by e-mail at [email protected]. To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. JAN Innovation Academy has no control over such sites and resources and JAN Innovation Academy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that JAN Innovation Academy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that JAN Innovation Academy is not liable for any loss or claim that you may have against any such third party.
5. INDEMNITY AND RELEASE
To the fullest extent permitted by law, you agree to release, indemnify and hold JAN Innovation Academy and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another.
6. DISCLAIMER OF WARRANTIES
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. Except as otherwise expressly provided herein, JAN Innovation Academy expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
JAN Innovation Academy makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
7. LIMITATION OF LIABILITY
JAN Innovation Academy will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if JAN Innovation Academy has been advised of the possibility of such damages), whether based on contract, delict, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) 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 through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services. In no event will JAN Innovation Academy’s total liability to you for all damages, losses or causes of action exceed the amount that you have paid to JAN Innovation Academy in a time span of a year.
In the event that your jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.
You agree that JAN Innovation Academy, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, in the event that any payment due to JAN Innovation Academy in respect of the Services is overdue, or if JAN Innovation Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. JAN Innovation Academy may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that JAN Innovation Academy may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Termination of your access to the Services will be without prejudice to JAN Innovation Academy’s other rights and remedies at law, including the right to claim damages. Further, you agree that JAN Innovation Academy will not be liable to you or any third party for any termination of your access to the Services.
9. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Services and JAN Innovation Academy will have no liability or responsibility with respect thereto. JAN Innovation Academy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms constitute the entire agreement between you and JAN Innovation Academy and govern your use of the Services, superseding any prior agreements between you and JAN Innovation Academy with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. By using the Services, you hereby submit irrevocably to the non-exclusive jurisdiction of the High Courts of South Africa for the determination of any dispute between the parties. The failure of JAN Innovation Academy to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of JAN Innovation Academy, but JAN Innovation Academy may assign or transfer these Terms, in whole or in part, without restriction. The section headings in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall JAN Innovation Academy be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. JAN Innovation Academy may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
11. CONTACTING US / REPORTING VIOLATIONS
If you have any questions or comments about these Terms or our privacy practices, or to report any violations of these Terms or abuse of an Application, the Services or the Site, please contact us at [email protected].