Terms & Conditions
This Terms & Condition was last updated on October 10, 2019
These terms and conditions apply to all services supplied by Jupiter HMS unless a separate user agreement applies. If customer registers for a free trial, free plan, or paid plan of our service on any of our websites for a cloud-based product or uses any of our on-premise software/websites, these terms apply.
- Terms Applicable to the Site
- Use of Software/Website
- Use of Materials
- Use of Social Services
- Reservation of Rights
- Your Content
- Security, Passwords, and Means of Accessing the Site and Content
- No Unlawful or Prohibited Use
- Term and Termination
- Third-Party Web Sites, Content, Products and Services
- Limitation of Liability
- Exclusions and Limitations
- Persons Not of Age of Majority
- Availability of Products
- Waiver and Severability
- Applicable Laws
- Contact Information
Your use of Software/Website is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software/Website, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software/Website is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software/Website subject to the following: (a) the Software/Website may be used solely for your personal, informational, noncommercial purposes; (b) the Software/Website may not be modified or altered in any way, and (c) the Software/Website may not be redistributed.
You may download, store, display on your computer, view, listen to, play and print Materials that Jupiter HMS publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
Social Services are provided as a convenience to users and Jupiter HMS is not obligated to provide any technical support for, or participate in, Social Services. While Social Services may include information regarding Jupiter HMS products and services, including information from Jupiter HMS employees, they are not an official customer support channel for Jupiter HMS.
You may use Social Services subject to the following: (a) Social Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Social Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Jupiter HMS.
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Jupiter HMS or a third-party provider. All rights, title, and interest not expressly granted concerning the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and Jupiter HMS reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Jupiter HMS all of the licenses and rights set forth herein. By Sharing Content, you grant Jupiter HMS a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully-sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Jupiter HMS product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Jupiter HMS without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Jupiter HMS’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights, and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, or other components designed to limit or harm the functionality of a computer. Jupiter HMS may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Jupiter HMS accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Jupiter HMS accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Jupiter HMS accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Jupiter HMS accounts, computer systems or networks without Jupiter HMS’s express written permission.
Jupiter HMS indemnifies and will and hold the Customer and its Related Bodies Corporate, directors, officers, employees and agents harmless from and against all losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable legal costs and defense or settlement costs) arising as a result of any claim that the Jupiter HMS Software, or the Customer’s use of the Jupiter HMS Software, infringes, or allegedly infringes, the Intellectual Property Rights of a third party.
Jupiter HMS has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Jupiter HMS reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. Jupiter HMS may remove Content that is confidential or proprietary to a third party without that third party’s permission.
These terms shall be in effect from its execution with an annual commitment and automatically renewed annually on a rolling basis. Either party may terminate the agreement in any case where the other party breached these terms’ material obligations and such breach was not repaired within 30 days. Moreover, you may terminate the agreement by providing Jupiter HMS a prior written notice within the annual cycle, for any cause and no cause at all, wherein such case of termination, a penalty fee would be incurred for the remainder of the current annual term, calculated as an expected average based on at least 2 previous monthly invoices or as detailed in the purchase order. Jupiter HMS may, at its’ sole discretion, terminate these Terms of Service, Service or any other service rendered by it due to any reason or with no reason at all or for any reason, where such termination shall become effective at the end of the current annual term. Moreover, either party may terminate the agreement, in any case where the party breached this agreement and caused irreparable harm, where such termination may be immediate, pending proof of such breach and/or violation. Upon termination, all and any licenses granted shall terminate, and the indemnification, confidentiality, warranty and liability, jurisdiction and venue terms shall survive.
Jupiter HMS may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Jupiter HMS may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Jupiter HMS may terminate or limit your access to or use of the Site if Jupiter HMS determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Jupiter HMS shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.
The Site provides links to Web sites and access to Content, products, and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Jupiter HMS is not responsible for third party Content provided on or through the Site or for any changes or updates to such third-party sites, and you bear all risks associated with the access to, and use of, such Web sites and third-party content, products, and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUPITER HMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT CONCERNING THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. JUPITER HMS MAKES NO WARRANTY THAT (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR DISCRETION AND RISK. JUPITER HMS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
JUPITER HMS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL JUPITER HMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information concerning such persons be submitted to us.
Information on the Site may reference or cross-reference Jupiter HMS products, programs, or services that might not be available in your location. Such references do not imply that Jupiter HMS plans to make such products, programs, or services available in your location. Please contact your local Jupiter HMS representative for more information.
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by Indian. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state. You and Jupiter HMS agree to submit to the jurisdiction of and agree that venue is proper in, these courts in any such legal action or proceeding.
All contents of this website are ©2019 Jupiter HMS. All rights reserved. Jupiter, the Jupiter HMS logo, the Jupiter HMS Partners Network logo, are either registered trademarks or trademarks of Jupiter HMS, in India and/or other countries. Other logos, products, and company names mentioned herein may be the trademarks of their respective owners. Jupiter HMS is not responsible for content on websites operated by parties other than Jupiter HMS.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
Your complaint must include the following: (i) Clear identification of the copyrighted work you claim was infringed. (ii) A clear identification of the material you claim is infringing on the website, such as a link to the infringing material. (iii) your address, email address, and contact number. (iv) A statement that you have a “good faith belief that the material is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”. (v) A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”. (vi) A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your complaint must be submitted via email to firstname.lastname@example.org.
Address: Jupiter HMS, J. K. Infotech, #2201, EFC Limited – 2nd floor, 2, Phase 1, Hinjewadi Rajiv Gandhi Infotech Park, Hinjewadi, Pune, Maharashtra, India 411057