These Terms & Conditions (hereby referred to as “Terms”) serve to govern the use and access of our order contact form and correspondence with our subcontracted social media account managers (hereby referred to as “Service”). Please go through these Terms carefully and thank you for looking into our Terms, as they are important to understand!
Terms are Legally Binding
By using the Services we provide, you agree to be legally bound by the Terms outlined on our website as well as comply with the Privacy Policy also defined on our website.
When we use the words “Jarvis Growth,” “we,”, “our,” or “us” throughout this policy, we’re referring to Heroproofers LTD., which is understood as the intermediary company that connects “Account Managers” to provide the Customer with Services listed on our website. When we talk about “Services” in this policy, we are referring explicitly to the actions committed by Account Managers in order to help you grow your social media accounts.
You are an Authorized Member of Our Community And Your Account Is Managed
A company, organization, or another qualified third party we refer to in these Terms are considered the “Customer”. Being a Customer effectively makes you a member of our Community. Every member of our Community is provided a communication channel to an “Account Manager”, which in and beyond these Terms is understood as a third-party, subcontracted person(s) that provides Services of Jarvis Growth on behalf of the Customer. An Account Manager is granted access to the social media account(s) of the Customer, thus allowing for the fulfillment of Services.
For you, this means:
Your Customer Data is accessed discreetly both by employees of Jarvis Growth and by a third party, sub-contracted account managers in order for improved delivery of Services. You agree to allow access to Customer Data upon registering for access to our Services under a “Contract”, which is activated upon Customer Registration. This Contract holds our commitment in delivering Services to the Customer through the delegation of tasks to a subcontracted Account Manager.
Notable Rules
The Services provided by Jarvis Growth require the Customer to follow the Rules specified below as well as comply to the Privacy Policy described.
The Customer Must Be Aged 18 or Over
Services we provide are strictly unavailable to children under the age of 18. If a child under the age of 18 has provided us with their information without a consenting parent/guardian, please contact us immediately.
Modifications to Services
Jarvis Growth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Jarvis Growth shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Products or Services
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Results, including the quantity, quality, and legitimacy of followers, likes, subscribers, and any other form of social media engagement received on behalf of the service, are not guaranteed in any way. It all depends on the quality and interestingness of your content.
Jarvis Growth and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives shall not be liable for any complaints pertaining to the quality, quantity or legitimacy of followers, likes, subscribers, and any other form of social media engagement received on behalf of the service.
Relationship with Instagram
Jarvis Growth is not affiliated or sponsored by Instagram, Facebook, or any Instagram third-party partners in any way.
Jarvis Growth operates completely separately from Instagram.
Jarvis Growth does not attempt to wrongfully capitalize on Instagram’s reputation.
Additional Notes
It is your sole responsibility to comply with Instagram rules and any legislation that you are subject to. You use Jarvis Growth at your own risk. Jarvis Growth is not responsible for your actions and their consequences. We are not to blame if your Instagram account is banned for any reason.
We require your Instagram username and password to obtain the required information for Instagram API. We don’t store, give away, use in a bad faith, or otherwise distribute your password to any third parties. But you should always keep in mind there is a risk of losing your Instagram account as you work with that account via our system that is not official and not approved by Instagram. You should realize all risks and you have to take any responsibility for using an Instagram account via our system.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
TECHNOLOGICAL MEASURES
If your bandwidth usage or load significantly exceeds the average bandwidth usage (as determined solely by the Jarvis Growth) of other Jarvis Growth customers, we reserve the right to immediately disable or limit your account until you can reduce your bandwidth consumption or load.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The Customer Is Bound to Contract Periods
These Terms remain in effect until the end of the Customer’s billing cycle. The Customer is entitled to cancel their contract with us without prior notice or given reason. The Customer is required to cancel their billing at least ONE (1) day prior to the following billing cycle. Otherwise, the Customer is obliged to fulfill the last month of the billing prior to cancellation. Please note that pausing an account does not cancel the subscription and related charges.
Billing Cancellation Example
The Customer is due to be billed on the 31st of March for the provision of Services from the 31st of March to the 30th of April 2020.
Scenario 1 – The Customer cancels on the 31st of March: The Customer will still pay for services supplied for the periods of 31st of March – 30th April 2019. The Customer will not be billed on the 30th of April, for the month of May.
Scenario 2 – The Customer cancels before the 30th of March: The Customer will not pay for the periods of 31st of March – 30th April 2019. The Customer shall not receive any Services after the 30th of March.
The Customer Agrees To Limitation of Liability
Services provided by Account Managers of Jarvis Growth will not be held accountable to the Company, Heroproofers LTD. The Company may not be held liable for any potential damages incurred. We may directly step in and take what we deem appropriate action against the Customer or Account Manager (including the disabling of accounts on the Jarvis Growth website) depending on circumstance.
The Customer Agrees To The Refund Policy as Described
Refund requests are reviewed on a case by case basis. The refund policy as described in the Terms of Service does not serve as a guarantee of refund. Typically, only new customers may be eligible for a refund. Multiple factors are taken into consideration, of which may include (but not limited to): the amount of account management provided, amount of engagement received, date of subscription, events of force majeure, contract period binding, subscription type, past experience with the Service, account manager feedback, targeting as defined by the Customer.
Refund requests based on performance issues of account management are reviewed on a case-by-case basis. Requests may include but are not limited to slow growth or irrelevant quality of followers and/or likes. While the Company strives to render Services as best as possible through the Intermediary, the Company is under no obligation to fulfill requests of refunds.
Refunds due to Management Quality
Refund requests based on the quality of account management are reviewed on a case-by-case basis. Requests may include but are not limited to actions taken by their account manager that extend beyond the scope of the Agreement, such as inappropriate likes, or commenting and following. While the Company strives to render Services through the Intermediary, the Company is under no obligation to fulfill requests of refunds.
Refunds due to Recurring Subscription Billing Agreement
Should a refund request be submitted by the Customer due to the Customer not being aware of a recurring subscription, the Company is able to fulfill said requests at its sole discretion. Generally, it is the responsibility of the Customer to understand the nature of their Billing Agreement, which is expressly mentioned on the Pricing section of the Website, as well as during the checkout process of the Company’s designated payment provider.
Refunds due to Unexpected Service
Should the customer request a refund on the basis that the service is not as expected, the Company is able to fulfill such refund requests at its sole discretion. As such and while the Company strives to render Services as best as possible through the Intermediary, the Company is under no obligation to fulfill refund requests in the event the Customer claims service is not as expected.
Refunds due to Untimely Cancellation
Should the Customer cancel the Billing Agreement with the Company in an untimely fashion, the Company is able to fulfill said refund request at its sole discretion. In most instances, the Customer is offered Services for the rest of the paid month. Should an untimely cancellation occur within a reasonable timeframe as determined by the Company, the Customer may be eligible to a refund.
Refunds due to Inactivity
Should the Customer request a refund due to account inactivity as caused by technical issues and/or the non-participation of the Intermediary account manager, the Company may issue a partial refund at its sole discretion. Refunds in such instances are typically fulfilled when the issue cannot be solved within a reasonable timeframe as determined by the Company. As such, refund requests are reviewed on a case-by-case basis.
Refunds due to Double Charge
Should the Customer enter an additional billing agreement with the Company that renders the first billing agreement obsolete, the Customer may be double-charged by mistake. In such instance, the Company shall always endeavor to refund the Customer in a reasonable timeframe as determined by the Company.
If you believe you should be issued a refund, please reach out to our support team with full details of your request. While we strive to be as fair as possible when reviewing a refund request, please keep in mind that refunds are usually provided only in extreme circumstances.
Discrepancies & Agreement to Terms
The Terms stated above, including any terminology referred to in our Terms or within our Privacy Policy, are constitutive of the entirety of our Terms agreement between you the Customer, us the Company, and involved third parties that provide Services, wholesomely understood as the Account Managers. The Terms stated supersede prior agreements (both written and verbal) concerning all subject matter related to the provision of Services and Terms of use of Jarvis Growth as an intermediary Service. Should there be conflict, inconsistency, or claims that counter either the Terms or Privacy Policy, the terms stated on this Terms page shall be the prevailing agreement presented to any “Authoritative Party” understood as local jurisdictive parties.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada, without giving effect to any conflict of law provisions. By using any Services, you agree that any dispute relating in any way to these Terms of Use, your visit to the Website, or to any purchase, return, or other transaction with the Website will be submitted to confidential arbitration in Ringwood, New Jersey. However, if you have in any manner violated or threatened to violate any stlellationmedia.com intellectual property right, stellationmedia.com may seek injunctive or other appropriate relief in any state or federal court in Ringwood, New Jersey.
You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or cause of action you may have with respect to Heroproofers LTD, the Website, or the Services must be commenced within one year after the claim or cause of action arose. To the full extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
STATUTE OF LIMITATION
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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
SUPPORT
We appreciate all forms of feedback and welcome you to contact Jarvis Growth through this form should there be any in-discrepancies, misunderstandings, or other noteworthy mentions regarding the Terms and/or Privacy Policy.
Thank you for your understanding and cooperation. Let’s grow your social media together!