Refund Policy

CONSULTING SERVICE AGREEMENT INTRODUCTION

A welcome to Jigarr Shah, the website/ Site (hereafter “Jigarr Shah”, “we”, “us”) owned and managed by Jigarr Shah. Unless specifically and separately agreed in the present agreement or any other similar agreement, this Agreement serves the Client’s (hereafter “you”) and Jigarr Shah’s relation and further governs the usage of the Jigarr Shah’s services by you. The present agreement also administers the practice of Jigarr Shah.com (hereafter “the website”) and other affiliated services by you.

We advise and urge earnestly that you please carefully go through the terms of the present agreement. Your express move of subscribing constitutes an acknowledgment that you have read and completely understood the facets, aspects, implications, and effects of the present agreement, and you expressly consent to be obliged by the terms of the present agreement without any restrictions and qualifications.

1. Platform and Services: Introduction

Jigarr Shah is an exhaustive platform for passionate individuals and expansive entities to gain the most viable and apposite bundle of extensive knowledge to further enhance their respective businesses. Jigarr Shah envisages stocking individuals and companies with workable solutions and radical ways to strengthen their existing business or establish and manifest an idea of business into reality through the emphatic assistance of our E-Learning sessions and recordings, or live lectures of mentors that we leave at the disposal of our clients for accruing maximum benefits for themselves and their respective vocations. The CONSULTANT shall utilize its best efforts to provide for CLIENT a professional practice management analysis and evaluation with recommendations for the improvement of CLIENT’S practice based on CONSULTANT’S tried and proven management consulting techniques. The CLIENT understands that recommendations made by the CONSULTANT are purely advisory and that the CLIENT must exercise CLIENTS’ independent judgment about the application of those recommendations.

1. Deliverables: As a part of the Agreement, the Client will have plenary access to the following:

2.1. Coaching and consulting around building business systems, business training, team building, messaging, unique methodology, email marketing sequence, funnel, leads, ads, sales, conversion, and client retention during the duration of the present agreement, as deemed necessary by CONSULTANT.

2.2. Once your batch begins, you’ll receive week wise consulting modules to assist you in implementing specific tasks throughout the week. These recordings will serve as a guide for your learning process. One Accountability manager will be appointed to each client.

Phase 1: Legacy Flywheel Matrix Strategy & Private Asset Vault.

Phase 2: The Infrastructure For Leads, Sales & Scaling. (The “Plug-and-Play” SOP’s)

Phase 3: The Acquisition Engine To Get Clients. (Predatory Advertising)

Phase 4: Unit Economics And Maths To Scale In The Game. 

*Note: Rest 5 Months, Complete Scaling To Achieve Targets.

Each Client will be provided with a comprehensive support system that includes access to a weekly Elite Entrepreneurship Meet held online every Monday at 4:00 PM, a dedicated Accountability Manager assigned for ongoing guidance and goal tracking, and a personalized dashboard to facilitate continuous progress review and tailored support throughout their entrepreneurial journey.

2.3. That CLIENT understands and agrees that should the CONSULTANT be unable to provide the service at the scheduled date, day, and time specified in clauses 2.1 and 2.2 of this agreement due to circumstances out of the control of CONSULTANT, the CONSULTANT will reschedule this service for CLIENT at the earliest possible time agreed to by both CLIENT and CONSULTANT.

2.4. That We reserve the right to modify the course and consulting material, content, schedule, duration, or any other aspect at any time without prior notice. The CLIENT understands and agrees that such changes may affect the course and consulting services provided by the CONSULTANT, as outlined in clauses 2.1 and 2.2 of this Agreement.

2.5. That after completing the tasks outlined in the recordings, you’ll be required to email your implementation work to us at connect@digitaldhairya.com regularly.

2.6. That additionally, we’ll host elite entrepreneurship meet led by a success coach or a representative from Jigarr Shah. During these meets, you’ll have the opportunity to discuss any queries or issues you may encounter. These meets are designed to provide additional support and guidance as you progress through the consulting.

2.7. Support via community, mail with a success coach excluding weekdays;

2.8. Duration of sessions/ consulting and community, content, and recording access to service via LMS is 6 months.

1. Exchange or Payment, Charges

3.1. That every CLIENT who subscribes to the courses, and consulting available on the website has to prepay the amount mentioned on the Jigarr Shah’s server, and on successfully making the payment, the client will be provided complete access to the services of Jigarr Shah to the client.

3.2. That all payments for courses, subscriptions, or programs will be made exclusively through Razorpay. By making a payment through these services, you agree to comply with the terms, conditions, and privacy policies of the respective third-party platforms.

3.3. That the CLIENT’S enrolment in any course or program will be confirmed only upon successful receipt of full payment. A confirmation email regarding your payment and enrolment will be sent to the registered email address within 48 hours of the transaction.

3.4. That the CLIENT shall be solely responsible for any applicable taxes, charges, or levies imposed under prevailing laws in connection with the purchase of any course, subscription, or program.

3.5. That in the event that the CLIENT’S payment is declined by their bank, card issuer, or the payment gateway, we are under no obligation to provide them access to any course or program. In case of a failed transaction where the amount has been deducted but services were not provided, client shall send us the intimation with complete transaction details on our registered Email id connect@digitaldhairya.com. Upon verification, the amount will either be adjusted against your enrolment or refunded (if eligible) within 7 working days.

3.6. That we do not store or have access to CLIENT’S full payment information, including credit/debit card numbers, CVV, or banking passwords. All sensitive data is securely collected and processed directly by the payment gateway. While we take reasonable precautions to safeguard transactions, we shall not be held liable for any loss or damage arising directly or indirectly from unauthorized access, fraud, or security breaches beyond our reasonable control.

3.7. That in exchange for the services specified in Clause 2 above, the CLIENT agrees to pay the CONSULTANT a total fee of ₹1,97,000/- INR (inclusive of applicable GST), comprising a consulting fee of ₹1,66,949/- and GST(currently 18%) of ₹30,051/-, for one (1) month of consulting. Upon receipt of full payment, the CLIENT will be granted access to the classes, community, and portal for the duration of the course and consulting period.

Please note that the GST shall be applicable as per statutory guidelines.

1. Registration Procedures, Processes, Usage, and Functioning of the Site/Website

Jigarr Shah provides an intuitive setup for the Client to apply for various courses available on the website. The Procedure involves the client:

4.1. Visiting the Website or enquiring on online platforms, going through the preview to get a better idea of the services offered, and if interested, paying and booking a call, is offered for providing important details of the Client.

4.2. The CLIENT receives a consultation call from Jigarr Shah or Team at his/her desired time and the availability of our team.

4.3. The client can enroll in the revolution program and secure his/her slot. He/she is required to pay a registration fee of 70,000/- INR. The remaining payment needs to be completed within the next 7 days to confirm his/her enrollment in the batch.

4.4. If the payment will not be completed specified in clauses 3.5 above and 4.3 above of this policy, we reserve the right to terminate your registration/enrollment whereby the client waives off his/her right to claim refund of the registration fees. Any grievance or request for delayed payment can only be requested within 3 days of making the registration fees.

4.5. The CLIENT shall provide the required documentation and information within seven (7) days from the date of the relevant request made by the Jigarr Shah, via official mail of Jigarr Shah i.e. connect@digitaldhairya.com

4.6. The customer has the right to make changes to their personal data at any time by sending a corresponding request to the Jigarr Shah’s email: connect@digitaldhairya.com, and Jigarr Shah has the right at any time to edit or delete inaccurate and/or irrelevant data provided by the client.

4.7. Only one (1) additional team member may attend the classes along with the CLIENT. The details of the designated additional team member must be provided to Jigarr Shah in advance, and the additional team member must also agree to abide by the terms and conditions of this Agreement and privity of contract. Team members are granted access to live classes only and will not be provided access to the community or portal. The meeting link will be shared exclusively with the CLIENT, who may forward it only to the approved team member. Unauthorized sharing of the link or allowing additional participants is strictly prohibited which may result in termination of access without refund and breach of confidential data with punitive consequences.

4.8. Once the batch starts and CLIENT receive LMS access, He/She will be given weekly assignments that must be completed and submitted on time. Our team will review his/her weekly assignment and system or processes. If he/she has been assigned any work to implement, you must complete it and send us an email at connect@digitaldhairya.com within a specific time frame. An application sent in any other way or to another email address is not accepted for consideration by Jigarr Shah.

4.9. Jigarr Shah community is a group exclusive to the subscribers of Jigarr Shah consulting. After making the complete payment, the CLIENT will be added to this private group.

4.10. All official communication shall be conducted via email connect@digitaldhairya.com. If the CLIENT requires leave during the class period, they must inform Jigarr Shah in advance by emailing connect@digitaldhairya.com.

4.11. In the event that a CLIENT is unable to attend or avail the course after purchase due to unavoidable circumstances, we may, at our sole discretion, allow the CLIENT to defer participation and be enrolled in the next available batch. Upon the CLIENT’S written request made during the original validity, access to the course materials will be paused and may be reactivated for balance period after deducting the time period for which the course was active. However, such a request must be made within 6 months from the original date of enrolment or purchase. Only one deferral request will be considered per CLIENT. No deferral or access extension requests will be entertained after the original validity period, under any circumstances.

4.12. We are committed to maintaining the performance and reliability of our services. In the event of a technical glitch or issue, our support team will acknowledge and respond to the report within 48 hours of notification. We aim to resolve the issue within 48 hours from the time it is reported, subject to the nature and complexity of the issue.

Note: The Procedure mentioned above may differ depending on the convenience of Jigarr Shah or other factors like changes in the framework of the website, a nonfunctioning database server, or unavailability of Jigarr Shah’s personnel.

It is also made clear that clients will not be given any liberty to contact Jigarr Shah via personal message, phone call, or any other mode of direct communication without prior appointment or notice for seeking support. The Protocol for seeking support will be given and explained before joining the program through a consultation call. Therefore, any support outside the rigid protocol and the given platforms would not be entertained. Also, no request for physical confrontation or meeting with any Jigarr Shah employee will be acknowledged or allowed.

Jigarr Shah do not warrant that the website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards or the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third- party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

1. Prohibited conduct on the Website

Users of the website agree not to engage in any of the following prohibited activities:

5.1. Restrict, inhibit, or interfere with any other user’s ability to use and enjoy the website.

5.2. Use the portal to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

5.3. Interfere with or disrupt any servers or networks used to provide the website or its features, or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the Site.

5.4. Use the portal to instigate, encourage, or engage in illegal activities, or to cause injury or damage to any person or property.

5.5.Gain or attempt to gain unauthorized access to the portal, or to any accounts, computer systems, or networks connected to the portal, through hacking, password mining, or any other unlawful means.

5.6. Attempt to obtain any materials or information through means not intentionally made available or provided through the portal.

5.7. Post or transmit any content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or otherwise indecent, including content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

5.8 Post or transmit any content that infringes upon the rights of others, including but not limited to intellectual property rights, privacy rights, or publicity rights, without first obtaining appropriate permission from the rightful owner.

5.9 Post or transmit any content containing viruses, malware, or any other harmful or disruptive components.

5.10 Post, transmit, or otherwise exploit any content, software, or materials from the portal for commercial purposes without prior written authorization, or include advertising of any kind.

5.11 Use the portal to advertise or solicit the sale or purchase of products or services, or request donations, without the express written consent of Jigarr Shah.

5.12 Collect or harvest email addresses or other personal information posted by other users of the portal for marketing or other unauthorized purposes.

1. Defamation and Reputational Harm

The Client agrees not to engage in any act, directly or indirectly, that may harm the reputation, goodwill, or public perception of Jigarr Shah, its founders, team members, affiliates, services, or its offerings, including but not limited to posting or encouraging defamatory, false, misleading, or malicious statements, reviews, or content on any public or private platform (including social media, forums, blogs, or review sites). Any such act of defamation, slander, or coordinated attempt to damage the credibility of Jigarr Shah—whether individually or in collusion with others—shall be considered a material breach of this Agreement. In such cases, Jigarr Shah reserves the right to terminate the course and pursue appropriate legal action, including claims for damages, injunctions, and other remedies available under applicable law, including but not limited to provisions under the Indian Penal Code and the Information Technology Act.
The Client further agrees that they shall not incite, encourage, or be part of any group or community whose objective or consequence is to defame, harass, or undermine Jigarr Shah or its stakeholders in any form.

1. Public Forums and User-Generated Content

7.1. That Jigarr Shah may host message boards, chat rooms, and other public forums on its portal. These forums are intended to serve as spaces for open discussion among users and subscribers.

7.2. That any user who fails to comply with the terms and conditions of this Agreement may be removed from, and denied future access to, these forums at the sole discretion of Jigarr Shah. Jigarr Shah and its designated agents reserve the right to remove, edit, or modify any user-generated content at any time and for any reason.

7.3. That content posted in these public forums may be submitted by Jigarr Shah staff or other users, some of whom may use anonymous usernames. Jigarr Shah expressly disclaims any responsibility or endorsement of the content posted by third parties and makes no representations regarding the accuracy, reliability, or validity of any opinions, advice, information, or statements made within these forums, unless posted by admin of the portal.

7.4. That we are not responsible for any errors or omissions in such content, or for any hyperlinks embedded in user messages. Under no circumstances shall Jigarr Shah, its affiliates, suppliers, or agents be held liable for any loss or damage arising from reliance on information obtained through these public forums.

7.5. That all opinions expressed within these forums are solely those of the individual participants and do not reflect the views or opinions of Jigarr Shah or any of its subsidiaries or affiliates.

7.6. That Jigarr Shah is under no obligation to monitor any content or postings on message boards, chat rooms, or other public forums available on the Sites. However, the CLIENT acknowledges and agrees that Jigarr Shah retains the absolute right, at its sole discretion, to monitor, review, and moderate such content.

1. Affiliate and Third-Party Link Disclosure

8.1. That some of the links provided on our website, within our courses, or through our communications may be affiliate links. This means that if you click on such a link and make a purchase through the third-party website, we may derive a minimal financial gain— at no additional cost to you.

8.2. That we only promote products or services that we believe may add value to our users. However, we do not control or influence the content, policies, or practices of any third-party websites. Your interactions with these third parties, including purchases or use of their services, are solely between you and the respective provider.

8.3. That we only recommend products, services or resources that we believe may add value to our users, however client acknowledges that the decision to purchase such third party products or services is entirely yours.

8.4. That our affiliate relationships do not influence the integrity or objectivity of our content and any compensation received will not affect the price you pay.

8.5. That we shall not be liable for any loss, damage, claims or disputes arising out of your interaction with such third party services, including but not limited to issues related to payment, performance or quality. The client is encouraged to perform his own due diligence before engaging with any third party service.

8.6. That the information, products, and services offered on or through the site and by Jigarr Shah and any third-party sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

1. Client Obligations and Other Disclaimers

In furtherance of the execution of the processes set forth and to fulfill the objectives of this Agreement, the Client agrees to undertake the following:

9.1. The Client shall make advance payment for the courses listed on the Jigarr Shah platform in order to gain unrestricted access to the curated course materials.

9.2. The Client agrees to adhere to and comply with all current and future policies, terms of service, and guidelines issued by Jigarr Shah.

9.3. The Client shall act in good faith and shall not transfer, share, or otherwise grant access to any third party to the materials or services provided under this Agreement, except as expressly permitted by the terms herein or with the prior written consent of Jigarr Shah. The Client shall bear full responsibility and liability for any use of their account credentials by any third party.

9.4. The Client shall not copy, reproduce, imitate, modify, or distribute any content or material provided by Jigarr Shah, whether in part or whole, in any form or by any means, without prior written authorization.

9.5. The Client shall not object to or restrict Jigarr Shah from referencing its involvement in the Client’s business success for the purposes of publicity, marketing, or promotional activities.

9.6. Any deviation will entitle unilateral termination of this agreement & thus taking away any claims of refund to the client.

1. Termination:

This Agreement may be terminated at any time as follows

10.1. Termination for Unprofessional Conduct: Act professionally at all times during the online course. This includes avoiding material theft, proprietary infringement, profanity, indecorous behavior in live sessions, or any other actions considered unprofessional. If such behavior occurs, the contract may be terminated, and the subscription amount forfeited. Disruptive behavior affecting the course, class, consulting, or community may result in immediate termination of enrollment without warning or refund.

10.2. if you are not cooperating with the process: Jigarr Shah holds all the right that if you are not cooperating and not implementing the process as instructed, not following the necessary system process, the Jigarr Shah may pause your sessions and may not allow you to attend it without any further explanation, the Jigarr Shah can also terminate your membership due to such non cooperative activities with absolute zero refund/compensation & this case shall be considered null & void in the eyes of the law.

1. Effects of Termination:

After receipt of notice of termination and except as otherwise directed by Jigarr Shah:

11.1. All contractual relationships between Jigarr Shah and the client will cease to exist;

11.2. Jigarr Shah will reserve its right to exercise any legal remedy available to it in case of any damage affected due to the client’s action;

11.3. If a part of the contract is terminated, then both the Jigarr Shah and the client will strive to continue complying with the terms of the contract that are not terminated.

11.4. If otherwise provided, Jigarr Shah has all the authority to restrict access to the material offered to the client to any extent in case of termination;

11.5. Upon termination, the undertakes to disclaim all the material offered by Jigarr Shah in their possession and further declare to keep on complying with the terms agreed upon on signing of the present agreement.

Note: On termination of the contracts, all terms and clauses that have been specifically declared to be perpetually surviving will subsist and will bind the parties regardless of the termination of this present agreement.

1. Refund:

Jigarr Shah does not warranty or guarantee any specific level of performance or results. Examples of results obtained from other clients of Jigarr Shah may be used as a marketing tool and shown to the Client for demonstrative purposes only and should not be construed by the Client as indicating any promised results or level of results. We offer a limited refund window of 7 days from the date of enrolment. Refund requests made after this 7-day period will not be accepted under any circumstances. By enrolling in any course, program, or subscription, you acknowledge and agree to this no-refund policy beyond the specified period.

12.1. If you quit the batch after 7 days of registration/ enrolling and before the program starts there will be no refund.

12.2. If you have registered for a specific batch but are unable to complete the payment in this case, your registration will be terminated, and no refund will be issued.

12.3. If we suspend or terminate your access due to violation of terms and conditions like sharing course material, misuse, abusive conduct, you will not be entitled to any refund or compensation.

12.4. The Jigarr Shah makes this decision in each case individually and at its own discretion. In this case, the Client is obliged to provide all the information based on the payment documents requested by Jigarr Shah.

12.5. Refunds will only be issued if you strictly comply with all instructions and directions provided by Jigarr Shah from time to time, and if you complete all assigned tasks within the specified timeframes. Additionally, eligibility for a refund is subject to compliance with Clause 4.9 of this agreement.

12.6. If you do not follow the execution instructions as taught by the consultant or coach, delay the execution ending by 30 days from the day of learning it, not completing assignments as required, any change in the process and execution strategies shall be equal to no refund, it shall be considered null & void.

12.7. In the event of an unavoidable situation where a student needs to pause the course, a written application must be submitted within the validity of the course. To reactivate the course (for balance months), a minimal reactivation fee of Rs. 2500/- will be applicable. Failure to submit the application within the specified period may result in the course being considered forfeited.

12.8. We reserve the right to revise our course fees, subscription charges, and payment terms at any time at our sole discretion. However, any such revisions shall not affect payments that have already been made prior to the effective date of the changes.

1. Confidential Information

13.1. “Confidential Information” Defined: During the term of this Agreement, Jigarr Shah will be disclosing a well-curated, intensively drawn-up course to the Client comprising valuable, confidential, and proprietary information required for achieving the object of the course applied by the Client. This information will be varying from client to client depending on his/her needs and choice of course. Unless specifically excluded in this Agreement, Jigarr Shah “Confidential Information” shall mean any such information provided to the subscribed individual (client) or to which the subscribed individual has or is given access, in whatever form, verbal, electronic, or video graphic, including, but not limited to, Worksheets, Pinups, Slides, Spreadsheets, Example Sales Calls Recordings, Checklists, Private Video presentation Templates/Scripts, Swipe Files of Jigarr Shah’s ad campaigns, Proposal Templates, other materials on Private Group, Weekly Mentorship Sessions and any email support whether or not identified as Jigarr Shah “Confidential Information”, in whatever media electronic or otherwise and any other material identified in writing as, Jigarr Shah “Confidential Information”, created or published by Jigarr Shah.

13.2. Non-Disclosure: No client will, without prior written consent of Jigarr Shah, remove from Jigarr Shah or Jigarr Shah’s Affiliate’s online premises or disclose Jigarr Shah “Confidential Information” to any third party other than for reference or reviewing purposes or otherwise jeopardize the confidential nature of the Jigarr Shah “Confidential Information” and the Client will not use such Jigarr Shah “Confidential Information” other than for this Agreement. The client agrees that all Jigarr Shah “Confidential Information” will be held in the strictest confidence by the client and that such Jigarr Shah “Confidential Information” will not be copied, reproduced, or altered, either in whole or in part, by any method whatsoever unless agreed upon in writing by Jigarr Shah. The Client, if is a firm/ company/ partnership or any non-individual entity, shall direct and cause its employees, officers, and directors to whom the Jigarr Shah “Confidential Information” is disclosed to be informed of and agree to be bound by the restrictions upon disclosure and use of Jigarr Shah “Confidential Information” as contained in this Agreement and further expressly acceding to be bound by the substantive Non- Disclosure Policy of Jigarr Shah. Jigarr Shah declares that it will not, during or after the term of this Agreement, permit the duplication or disclosure of any Jigarr Shah “Confidential Information”.
Similarly, Jigarr Shah acknowledges and agrees that it will take all reasonable and appropriate measures to protect the confidentiality of the Client’s Confidential Information, and shall not disclose, duplicate, or misuse such information during or after the term of this Agreement, except as required to perform its obligations under this Agreement or as otherwise authorized in writing by the Client.

13.3. Required Disclosure
We reserve the right to disclose any information as may be required by law, regulation, legal process, or governmental request. This includes, but is not limited to, disclosure for the purposes of compliance with applicable laws, enforcement of our rights, protection of our legal interests, responding to claims, or safeguarding the rights, property, or safety of our users or the public. Such disclosures will be made in good faith and only when reasonably necessary to comply with legal obligations or to protect against misuse or unlawful activity.

13.4. Injunctive Relief: The Client acknowledges that breach of this section or disclosure of other information that, at law or in good conscience or equity, ought to remain confidential will give rise to irreparable injury to Jigarr Shah or the owner of such information and cannot adequately compensate in damages. Accordingly, Jigarr Shah or such other party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The client acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Jigarr Shah and are reasonable in scope and content.

13.5. Return of “Confidential Information”:
Upon the earlier request of the disclosing party; or the expiration or termination of this Agreement, the recipient party will return all “Confidential Information”, in whatever form or media, retaining no copies of the same in any form whatsoever, or destroy such “Confidential Information” and certify in writing to the disclosing party such destruction has been effected, Recipient Party’s obligation hereunder regarding “Confidential Information” shall survive the return or destruction of such “Confidential Information” or termination of this Agreement or completion of the services.

Note: The present clause survives the expiration or termination of the present agreement. The client undertakes strict compliance with the present clause, irrespective of the expiration or termination of the present agreement.

1. Title, Proprietary Rights, Services for Hire: All services performed hereunder, including but not limited to the Worksheets, Pinups, Slides, Spreadsheets, Example Sales Calls Recordings, Checklists, Private Video presentation Templates/Scripts, Swipe Files of Jigarr Shah’s personal ad campaigns, Proposal Templates, other materials on Private Community Group, Sessions and any email support, business methods, programs, ideas, concepts and all other documentation developed for or relating to Jigarr Shah or the course and all documents, data and other information of any kind including information incorporating, based upon or derived from the foregoing, including reports, self-revision notes prepared by the clients or in case of a non-individual client its employees and agents, and all other material which may not form part of the present agreement but is pivotal for successful completion of course developed or created by Jigarr Shah shall be and shall remain the property of Jigarr Shah and may not be used by the client or its employees for any other purpose except for the benefit of Client. Client shall not sell, transfer, publish, disclose, rent, lease, loan, license, or otherwise make available to others any part of the course material or copies thereof and Client shall treat the same as “Confidential Information”.

All applicable rights to patents, copyrights, trademarks, trade secrets, and all other Intellectual Property Rights in and to the Service Product are, shall vest, and shall remain in Jigarr Shah, and neither any Client nor its employees if a non-individual client shall have any interest in the Service Product.

1. Indemnification

15.1. Losses Defined: For purposes of this agreement, “Losses” means all claims, actions, losses, Liabilities, damages, and Costs (including Taxes) and all related costs and expenses (including reasonable attorney’s fees and disbursements and costs of investigation, litigation, and settlement).

15.2. Indemnification and Defense: Client undertakes to indemnify, defend, and hold Jigarr Shah, Jigarr Shah Affiliates, and its or their respective officers, directors, employees, agents, successors, and assigns (all Jigarr Shah Indemnitee) harmless from and against all Losses arising out of or relating to:

(a). Any act or an attempt to act that constitutes piracy of the material provided by Jigarr Shah, which is covered under the Jigarr Shah “Confidential Information”, that might have an adverse effect on the business, credibility, or goodwill of Jigarr Shah, and if the same adversity is caused by the aforementioned action of the client and is calculable in terms of money, then the Client will be liable to indemnify Jigarr Shah against any such damage without prejudice to other legal remedies available to Jigarr Shah.

(b). Any act or attempt to act that even remotely has an effect of breach of the terms of the present agreement that directly or indirectly causes any damage to Jigarr Shah and the damage is caused by the aforementioned action of the Client and is calculable in terms of money, then the Client will be liable to indemnify Jigarr Shah against any such damage without prejudice to the other legal remedies available to Jigarr Shah. Note: The present clause survives the expiration or termination of the present agreement. The client undertakes strict compliance with the present clause, irrespective of the expiration or termination of the present agreement.

1. Limitation of Liability

16.1. In no event will Jigarr Shah be liable for consequential, incidental, indirect, punitive, exemplary, or special damages, however caused and based on any theory of liability arising out of or relating to this Agreement, except in the case of gross negligence.

16.2. Jigarr Shah’s aggregate liability hereunder shall not exceed the subscription amount paid by the Client.

1. After Sales Services

17.1. Jigarr Shah will not provide any access to the LMS and the videos after the expiry of the program. If you want the videos, live sessions, support, and community, you can renew the consulting program via email.

17.2. Jigarr Shah reserves the right to stop after-sale services due to different factors, including the availability of resources and personnel, termination of the present agreement, or any other circumstantial reason that might preclude Jigarr Shah from continuing with the after-sales services or providing the affiliated services expeditiously.

1. Publicity and Exhibition of Results

18.1. On entering into the present agreement, the client relinquishes certain rights in favor of Jigarr Shah, including the right to publicize and exhibit the resultant success of the client after pursuing the Courses offered by Jigarr Shah.

18.2. Jigarr Shah is under no mandate to take any prior permission from the client to publicly display their success through display of client’s improvement and his/her business augmentation eventuating from the courses subscribed to by the Client.

18.3. Other than as contemplated by the previous sentence or otherwise in this Agreement, Jigarr Shah will not use any trademarks, copyrights, service marks, logos, Confidential Information, or other proprietary materials of the Client without the consent of the Client.
Note: It is clarified that in case the Client has some issues with displaying the Client’s credentials with the resultant success of the course as part of Jigarr Shah’s Public Portfolio, then a written intimation is to be tendered to Jigarr Shah. Thereafter, Jigarr Shah may decide to accede to the request of the client on examining various factors.

1. Transfer/ Assignment of Accessing Rights

19.1. It is unequivocally made clear that under no circumstance will any Client be allowed to transfer his/her/its accessing right to materials offered by Jigarr Shah by transfer of their subscription. Any discernible Act of transfer will lead to a breach of this present agreement and thus will entitle Jigarr Shah to forfeit the subscription amount paid by the Client.

19.2. Any downloading and further assignment of any material that may or may not comprise Jigarr Shah “Confidential Information” or Jigarr Shah Service Product is prohibited, and the client should refrain from downloading and assigning the proprietary material provided by Jigarr Shah.

19.3. In case the Client is a non-individual institution and requires extended access for its employees, agents, and affiliates, the Client is required to make a formal request to Jigarr Shah. Jigarr Shah reserves complete discretion to repudiate the request. If the request for access to employees, agents, or affiliates is acceded to, the Client pledges complete responsibility for maintaining the confidential nature of the Service Product being accessed by its employees, agents, or affiliates.

19.4. Further, the Client undertakes complete accountability in the event of a breach of any term of the present agreement attributable to any employee, agent of, or affiliate for which the foregoing access has been sought. In case of any breach imputed to any employee, agent, or affiliate of the Client to whom the access to the Service Product is given on the request of the Client and if the same breach causes any damages to Jigarr Shah, the said breach will be deemed to be committed by the Client and the Client is under strict liability to indemnify Jigarr Shah under clause 14 of the present agreement.

1. Severability: If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
2. Procedure for Handling Disputes/ Governing law

21.1. All disputes and disagreements arising during the execution of this agreement course and consulting shall be resolved by the Parties through Arbitration. In case of failure to reach an agreement during Arbitration , the Client is entitled to send a written claim (statement) to Jigarr Shah. The claim must be sent within 5 (five) days from the date of occurrence of the event, which was the basis for its submission.

21.2. The claim must simultaneously meet the following requirements: contain personal data of the Client, in particular, last name, first name, middle name, contact details, email, and number. Describe the conditions of the controversial situation with an indication of its date and time of occurrence.

21.3. The claim must include detailed references to all material circumstances of the case on which the Client’s demands are based. It should provide a point-by-point outline of the alleged violations, clearly indicating the specific clauses of this Agreement and/or its annexes that the Client believes have been breached by Jigarr Shah. The claim should also include a list of all supporting documents and other evidence relied upon by the Client, if any. All attached documents must be duly certified by the Client. References to data from third-party websites or companies are not permitted.

21.4. Claim may be directed by: – sending e-mail a t Registered ID : connect@digitaldhairya.com. Claims sent in any other way are not accepted for consideration. Jigarr Shah reserves the right not to consider claims containing profanity, insults to Jigarr Shah and/or its employees, or disrespectful statements, as well as claims deprived of a reasoned description of the violated rights.

21.5. Based on the results of the consideration of the claim, Jigarr Shah has the right to request, and the Client undertakes to provide additional information and/or documents necessary for the consideration of the dispute.

21.6. The term for consideration of the Client’s claim is 14 working days from the date of receipt of the claim by Jigarr Shah, excluding the days of the Client submitting additional information (documents) requested by Jigarr Shah.

21.7. In any event of any dispute, controversy, or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach, termination, validity, or invalidity thereof or any non-contractual issues relating to this Agreement, each of the parties will make striving efforts to resolve such dispute or to negotiate for a resolution.

21.8. All disputes, controversies, or claims between the Parties hereto arising out of or relating to this agreement (including, but not limited to, disputes as to the Validity, interpretation, performance, breach, or with respect to damages upon termination of this agreement) which are not settled pursuant to the issue resolution procedures set forth in section hereof, will be settled by final and binding arbitration in accordance with the following.

21.9. Except as specified herein or otherwise agreed to in writing, the arbitration will be conducted in accordance of and in conformity with the Indian Arbitration and Conciliation Act, 1996 (as amended up to date), in effect at such time (The Rules), by a panel of Single Arbitrator in accordance of the Rules. Both parties in consensus while entering into this agreement agree to unanimously appoint a Sole Arbitrator for deciding disputes as have been averted in the present clause. It is clarified that before invoking the present clause for the initiation of the arbitration proceedings, a 15-day notice of dispute is to be tendered by the affected/aggrieved party.

21.10. The sole arbitrator is authorized to tender awards of monetary damages and injunctive relief or both. The sole arbitrator may, at their discretion, order one party to reimburse the other party for all or any part of (i) the expenses of the arbitration paid by the other party or (ii) the attorney’s fees and other miscellaneous costs. expenses reasonable incurred by the other party in connection with the arbitration.

21.11. Prior to the start of any arbitration, each party will make in advance half payment towards the estimated expenditure which may be incurred for conducting the arbitration proceedings. The Sole Arbitrator will be responsible for appraising the parties of the estimated arbitration fee/expenditure. All the costs of arbitration proceedings will be borne equally by Jigarr Shah and the Client. The arbitral award should be in writing, setting forth the legal and factual basis for the award, and shall be final and binding upon the parties who agree, in writing, to waive all rights of appeal thereon subject to the Indian Arbitration and Conciliation Act, 1996. Notwithstanding anything to the contrary in this agreement, the Sole Arbitrator shall be bound by the express terms of this Agreement and shall not change or modify any term of this Agreement clearly expressed therein.

21.12. It is expressly understood and agreed that the pendency of a dispute hereunder shall at no time and in no respect constitute a basis for any modification, limitation, or suspension of Jigarr Shah’s and Client’s obligation to fully perform in accordance with the terms of this Agreement.

21.13. Any arbitral award passed by the Sole Arbitrator appointed under the present clause will, if required, enforce or annul as per the provisions of the Rules, the courts in Delhi, India will have sole jurisdiction over such awards.

21.14. The Jigarr Shah’s Udyam Registration Number is UDYAM-UP-56-0026562, and the GST Number is 09BHKPC4401M3ZA, Registered in Meerut, Uttar Pradesh, India. Notwithstanding the Client’s place of business or registration in Meerut, the Parties agree that any disputes, controversies, or claims arising out of or in connection with this Agreement, including its interpretation, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the courts at Delhi, to the exclusion of all other courts.

21.15. This agreement is to be construed and enforced under the laws of the country where it is deemed to have been made and entered into. The parties consent to the jurisdiction of Delhi, and agree that the venue of any legal action shall be Delhi, India.

21.16. This Delhi Agreement contains the final and complete agreement of the parties, and it supersedes any other representations or agreements. This agreement may not be modified, and none of its provisions may be waived unless the modification or waiver is in writing and signed by the parties to be bound.

1. Survival:

All clauses and terms which by their nature should survive the expiration and termination of the present agreement shall continue in full force and effect subsequent to and notwithstanding any expiration or termination of this agreement by Jigarr Shah or the Client. Expiration or Termination will not limit any of Jigarr Shah’s other rights or remedies at law or in equity.

1. Non-Disclosure & Non-Compete

23.1. The Client hereby agrees that he/she/it shall hold in confidence and hereby agree that he/she/it shall not use, commercialize, or disclose except under the terms of the present agreement, any Jigarr Shah ‘ Confidential Information’ to any person or entity, or else under the provisions governed by this Agreement except as Jigarr Shah may approve in writing.

23.2. The Client undertakes to use at least the same degree of care in safeguarding Jigarr Shah ‘Confidential Information’ as he/she/it uses or would use in safeguarding his/her/its own Confidential Information, and shall take all steps necessary to protect the Jigarr Shah ‘Confidential Information’ from unauthorized or inadvertent disclosure.

23.3. The Client undertakes to maintain the strict and utmost confidentiality of the Jigarr Shah ‘Confidential Information’ regardless of the subsistence and survival of any contractual relationship between the parties. The Client will be obligated to comply with the terms of the present agreement beyond the existence of the present contract.

23.4. The Client inclusive of his/her/its direct beneficiaries in business, interest, and title in recognition of the transfer of Confidential and Proprietary Information to Jigarr Shah, hereby agrees not to directly or indirectly compete with the business of Jigarr Shah and its successors and assigns during the term of the agreement and for a period of Six (6) Month following the expiration or termination of this contract, notwithstanding the cause or reason for termination.

23.5. The Client acknowledges that breach of this agreement or disclosure of Jigarr Shah ‘Confidential information’ which, at law or in good conscience or equity, ought to remain confidential, will give rise to irreparable injury to Jigarr Shah or the owner of such information, and even if the same can be adequately compensated in damages, the Jigarr Shah has all the right and authority to get an injunctive relief against the Client as per clause12.4 of the present agreement.

23.6. Jigarr Shah has the right to amend the provisions of this Policy. The client guarantees that he will follow the updates of the Policy, which is always freely available on Jigarr Shah’s website. With regard to any other issues and (or) obligations that are not covered by this agreement, Jigarr Shah acts at its discretion, guided by business practices and customs in the field of services of this nature. The Client is responsible for reviewing all changes to this Agreement and its annexes, as well as changes on Jigarr Shah website available to the Client.

Note: The present clause survives the expiration or termination of the present agreement. The client undertakes strict compliance with the present clause, irrespective of the expiration or termination of the present agreement.

1. Miscellaneous

24.1. Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes any or all prior agreements, understanding, negotiation, warranty, or representation between the parties in connection with the subject matter of this Agreement.

24.2. Waiver: The failure of either party to promptly enforce or seek remedy for the breach of any provision of this agreement shall not constitute a waiver of such provision or any part thereof. No term or provision shall be deemed waived, and no breach hereof shall be deemed consented to unless such waiver of or consent to any other term or provision.

24.3. Force Majeure: Except for the payment of the subscription fee or any other due towards Jigarr Shah, neither Party shall be liable to the other for any delay or failure to perform due to fire, flood, strike, act of God, earthquakes, war, terrorism, invasion, hacking, riot or civil unrest, a national or regional emergency, blackout, shortage of adequate power or telecommunications, global pandemic or any other causes beyond its reasonable control including political and geo-political causes and without the fault or negligence of the delayed or non-performing party, including specifically Jigarr Shah’s web hosting service provider or database hosting provider to provide service to Jigarr Shah (a “Force Majeure Event”).

1. Definitions

25.1. Time of Subscription: Time of Subscription is the moment the client agrees to the terms of the present agreement and makes the payment for the course opted by him/her/it.

25.2. Signing of the contract/agreement: The contract will be considered as signed and accepted when the agreement is made available in a clickwrap form to the client on the website and the client expressly clicks on the ‘I Agree’ button. For other occasions when the present agreement is manually signed by the Client.

25.3. Service Product: Any knowledge imparted in the form of a course being the consideration of the present agreement including but not limited to any study material, oral teaching sessions, information, study modules, or any other material that may or may not form part of Jigarr Shah’s ‘CONFIDENTIAL INFORMATION’ for which the Client has paid for the subscription and entered into the present agreement.

25.4. Non-Individual Client: Non-Individual Client means any entity/company/proprietorship/ partnership that consists of more than one person or more than the minimum required persons to form.

25.5. Disclosing Party: The Party that discloses any confidential information in execution of the present agreement.

25.6. Recipient Party: The party that receives the confidential information in execution of the present Agreement.

25.7. Client: Client is any individual or entity that signs the present agreement and is thus bound by the terms of the present agreement.

25.8. Perpetual terms and clauses: Any term that by its nature of explicit declaration survives the expiration or termination of the present agreement.

25.9. Jigarr Shah Confidential Information: As defined in Clause 12.