Terms of Services
The following Terms of Service (“TOS”) govern your use of our website, located at www.jmarketing.ae (“Site”), which is owned and operated by JMARKETING (“Company”). By accessing or using our Site, you agree to be bound by these TOS. If you do not agree with any of these terms, please do not use our Site.
- Use of Site Our Site is intended for individuals at least 16 or older. If you are under 16, you may use our Site only with the involvement of a parent or guardian.
- Intellectual Property The content on our Site, including but not limited to text, graphics, images, logos, button icons, software, and audio clips (collectively, “Content”), is the property of the Company or its content suppliers and is protected by Canadian and international copyright laws. You may not copy, reproduce, distribute, transmit, display, perform, or create derivative works from any of the Content on our Site without the Company’s prior written permission or the respective owner of the Content.
- User Content Our Site may allow you to upload or submit content, such as comments, reviews, and other information (“User Content”). By uploading or submitting User Content to our Site, you grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works from, and distribute your User Content on our Site or in connection with our business.
You represent and warrant that you have all necessary rights to grant the above license and that your User Content does not violate the rights of any third party or any applicable law.
- Prohibited Conduct You agree not to engage in any of the following activities in connection with your use of our Site:
a. Violating any applicable law or regulation; b. Using our Site for any fraudulent or illegal purpose; c. Interfering with or disrupting our Site or servers or networks connected to our Site; d. Harassing or threatening any person; e. Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity; f. Uploading or transmitting viruses, Trojan horses, or any other harmful or disruptive code; g. Using any robot, spider, scraper, or other automated means to access our Site for any purpose; h. Engaging in any conduct that restricts or inhibits any other user from using or enjoying our Site. - Disclaimer of Warranties
Our Site is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not warrant that our Site will be error-free, uninterrupted, or secure. - Limitation of Liability
Company and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Site, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. - Indemnification
You agree to indemnify and hold Company and its officers, directors, employees, agents, and affiliates harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your use of our Site or your breach of these TOS. - Governing Law
These TOS shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada
Privacy Policy
JMARKETING is committed to your privacy and does not sell, trade or give out your personal information unless required as part of your service contract or by law. We encourage users to visit our Privacy Policy page for more information.
Trademarks and Copyrights
JMARKETING, JMarketing, JShop, and thejmarketing.com, and the logos associated with these names are trademarks owned by JMARKETING. Any use of these trademarks without the prior written consent of JMARKETING is strictly prohibited. All names and trademarks belonging to third parties and appearing on the JMARKETING website are the property of their respective owners and may be used only with the consent of their respective owners. The JMARKETING website and its contents, including text, images, and the selection and arrangement of data, are protected by Canadian and international copyright laws. You may view and download information on the JMARKETING website for personal, non-commercial use only. Any other use, modification, or copying of the website, in whole or in part, without the prior written consent of JMARKETING is strictly prohibited and may result in legal action. If you believe your intellectual property rights have been violated, please contact us at hello@thejmarketing.com.
Technical Difficulties and Service Interruptions
While we strive to provide uninterrupted access to our website and services, there may be occasions when our website or services may be temporarily unavailable due to technical difficulties, force majeure events, or other factors beyond our control. In such circumstances, JMARKETING won’t be responsible for any losses, damages, or inconveniences caused to you or any third party. We will make all reasonable efforts to notify you in advance of any planned service interruptions, but we cannot guarantee that we will be able to do so. We reserve the right to modify, suspend, or discontinue any part of our website or services at any time without prior notice. We shall not be liable for any losses, damages, or inconveniences caused to you or any third party as a result of such modification, suspension, or discontinuation.
AGENCY SERVICES by JMARKETING
Artwork Approval
To ensure the best possible outcome, it is the responsibility of the client to review all proofs for accuracy and completeness carefully. Once the proof is approved, JMARKETING cannot be held responsible for any errors, including but not limited to wording, spelling, punctuation, capitalization, colour choices, font choices, photo/video selections, graphics, and layout. Any changes beyond the original specifications will be considered additional work and charged at the current rate, which you’ll need to be supported with documentation upon request. All artwork must be approved before being officially released, using an approval form marked “Approved” or “Changes Required” and signed by the client. Requests for changes must be made in writing when proofs are returned.
JMARKETING will not be held responsible for errors under any of the following conditions:
- if the work is released per the customer’s approval,
- if changes are communicated verbally,
- if the client has failed to return the approval sheet with indications of changes, or
- if the client has instructed JMARKETING to proceed without proof of approval.
Also, please remember that due to differences in how computers display colours, proofs are not intended to represent the exact colours and quality of final prints. It is recommended that clients request physical proof if colour accuracy is critical.
Copyright
All designs created by JMARKETING are protected under Canadian copyright law and are the sole property of JMARKETING. Unless explicitly agreed upon by both parties in writing, the transfer of ownership, including source files such as Photoshop, Illustrator, InDesign, and other creative files, is not included in any design project. In the event that a client requests ownership or transfer of the source files, an additional fee must be agreed upon and paid to JMARKETING. JMARKETING retains the right to display the work in their corporate portfolios, including on their website and social media platforms, unless the client requests exclusion in writing. The client also agrees to indemnify and hold harmless JMARKETING and its agents and employees from any and all claims, demands, suits, actions, proceedings, damages, losses, costs, and expenses, including reasonable attorneys’ fees and expenses, arising from any third-party claim or suit based on the client’s use of the design.
Cancellation of Services
Either party may terminate an agreement for any reason by providing thirty (30) days’ written notice. In the event of early termination by the client, all services provided in advance will be charged for. If JMarketing has not fulfilled its obligations to deliver the work required under the agreement, the client may be entitled to a 100% or partial refund.
JMarketing reserves the right to cancel any agreement for abandoned projects or projects that have been dormant for more than 30 days, with or without notice. In such cases, JMarketing will make reasonable efforts to contact the client before terminating the agreement. Any fees paid in advance for such projects will be refunded in full.
Refunds
JMARKETING strives to provide high-quality services to its clients. We understand that sometimes circumstances change, and we will do our best to accommodate reasonable refund requests.
A 100% refund will be made only in the event of a cancellation within three days of signing the initial contract. Once a payment or deposit is made, it is non-refundable. We do not offer any refund for services already delivered or started, or any other miscellaneous charges which are non-recoverable for JMARKETING.
In the event that JMARKETING has not fulfilled its obligations to deliver the work required under the agreement, a full or partial refund may be offered at our discretion.
For digital marketing packages, including SEO and Paid Social Media Marketing, clients may cancel with a written notice 30 days in advance. No refunds will be issued for the remainder of the month after the cancellation goes into effect.
Once an initial draft is provided, no payment will be refunded. There are no partial refunds for projects mid-way through a milestone phase.
Please note that refunds may take up to 30 days to process. If you have any questions or concerns regarding refunds, please contact us at jmar@thejmarketing.com.
