Jackfruit Marketing is part of the Transformative Marketing Solutions group, ("We", "Our", "Us"), which is owned and managed by Jacqueline Kassteen.
Transformative Marketing Solutions is a limited liability company registered in the UK under company number 09128600. Our registered office is at The Clock House, Station Approach, Marlow, Buckinghamshire, SL7 1NT, UK.
You may contact us online using the form provided.
Our Copyright and Trademark Information
© Transformative Marketing Solutions 2016-2017. All rights reserved worldwide.
Jackfruit Marketing™, our tagline (Marketing expertise for international student recruitment™), and all proprietary brand content are trademarks of Transformative Marketing Solutions.
You are not permitted to use them without our written approval.
By using our site you accept these terms
These terms apply to Transformative Marketing Solutions ("We", "Our", "Us"), Jackfruit Marketing, and all proprietary Marks and brand content.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Content shall be defined as, but is not limited to, all text, information, data, files, software, executable code, images, audio or video material in whatever medium or form now known, or hereafter developed, produced by Jackfruit Marketing or provided to Jackfruit Marketing by the Licensor for incorporation in the Site.
All references to the Site include all content and pages located within the JackfruitMarketing.com web domain, all sub-domains, and those from any apps or other programmes which allow you to access some or all of the Site.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may reference and share links to our website content.
You may share our content using the sharing tools found throughout the site.
You may not copy content from our website and redistribute our content by any means without our consent. This is against copyright law and may incur fines or prosecution.
You may not sell, rent, exploit or sub-license material from our website.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Rules about linking to our site
You may link to our home page, and/or other pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed or white labelled on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact us.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials may not have been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and/or materials uploaded by other users please contact us.
Do not rely on information on our site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no responsibility for, nor approval of, nor control over the contents of those sites or resources.
Loss or damage suffered by you
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it, whether express or implied. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site or the use of, or reliance on, any content displayed on our site. In particular, we will not be liable for, but not limited to: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. In no event will our aggregate liability to you ever exceed one hundred pounds (£100).
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any damages, expenses, loss of profit or business, business interruption, or loss of business opportunity or savings. You will be responsible for any loss or damage we suffer as a result of your breach of any of the terms outlined herein.
We will not be held responsible for any delay or failure to comply with our obligations under any of the terms herein if the delay or failure arises from any cause which is beyond our reasonable control.
A failure or delay by us to enforce any of our rights under any of these terms is not to be taken as, or deemed to be a waiver of, that or any other right unless we acknowledge and agree to such a waiver in writing.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary.
You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in "Rights you are giving us to use material you upload" section below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
While the website contents are backed up on a regular basis, you are solely responsible for securing and backing up the content you posted.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us rights to use that content.
When you contact us through the site, you are automatically giving us permission to communicate with you by email and through any media now known, or hereafter developed, and add you to our FruitFame.com subscriber’s list. You may opt-out of this list at any time, either via the link in the enewsletter or by contacting us.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password, account or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You agree to accept all responsibility for all activities that occur under your account or password.
If you open an account on behalf of a company or other entity, or you give us instructions to do so on your behalf, then all references to “you” in all the terms and conditions outlined here include that company or entity, and you warrant and represent that you are authorised to grant all rights referred to in these terms on behalf of that company or entity and bind that company.
We may make changes to these terms
We may amend these terms from time to time. It is your responsibility to check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time.
We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Which country's laws apply to any disputes?
You agree that you will use the Site in compliance with all of the terms outlined herein and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all UK export control laws.
Acceptable Use Policy
JackfruitMarketing.com is a site operated by Transformative Marketing Solutions ("we", "us", "our"). We are registered in the UK under company number 09128600.
This acceptable use policy sets out the terms between you and us under which you may access our website JackfruitMarketing.com ("our site"). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes.
You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- In any way that is defamatory, obscene or infringes a third party's intellectual property rights.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To conduct any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction and data harvesting) on or in relation to our website.
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site;
- or any equipment or network or software owned or used by any third party.
- Not to use a false email address, impersonate any person or entity, or otherwise mislead us or any other user of the Site as to the origin of any content.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms or chat functions;
- Bulletin boards;
- Online messaging;
- Online voting;
- Feedback mechanisms such as forms, surveys, polls, quizzes;
- Professional development tools.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Be original and its use on the Site will not put you in breach of any clause herein.
- Comply with applicable law in the UK and in any country from which they are posted or from which the content relates to.
Contributions must not:
- Contain blatant promotion of a person, brand, company, product or service.
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We reserve the right to review any Content and to exercise our sole discretion to edit or remove, in whole or in part, any Content at any time and for any reason, or to allow the person who originally posted the Content to do so.
Grant of licence
You grant to Jackfruit Marketing an exclusive, royalty-free, perpetual, irrevocable worldwide licence (including the right to sub-license) to the Content on the Site.
The licence permits us to:
- host, modify, translate, publish, electronically reproduce and distribute, and publicly perform and display the Content on the Site through any media now known, or hereafter developed;
- reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content for any use, including but not limited to, usage in Advertisements for, and in marketing and promotional materials related to, the Site;
- make Derivative Works, reproduce, publicly perform and display and distribute such Derivative Works in conjunction with the Content through the Site, including in any media now known or hereafter developed. Jackfruit Marketing may develop, market, sell and promote Derivative Works and may exploit (including by licensing it to third parties) the Content in any media, format or products.
You agree that you shall not:
- grant distribution or publication rights to any of the Content to any Competitor of Jackfruit Marketing or FruitFame including through a direct data feed, co-branding or premium placement arrangement;
- advertise or promote the Content on or in connection with any Competitor of Jackfruit Marketing or FruitFame.
You hereby irrevocably and unconditionally waive any and all moral and like rights that you have in your Content and agree that you will not make any claim against us or any party authorised by us to utilise the same based on moral or like rights. You agree at our request (but your cost) to perform all further acts (including executing documents) as are necessary to give effect to the foregoing.
All terms and conditions outlined on this site are between you and us. Exercising our rights or your rights in relation to these terms is not subject to the consent of any third party.
You are responsible for the accuracy and completeness of the Content. If the Content is in breach of any applicable law or regulation, you may, at your option, either remove the content or provide us with alternative Content so as to avoid the infringement.
We have no obligation to the Licensor, and undertake no responsibility, to review the Content (including user-generated content) to determine whether any such Content may result in any liability to any third party.
Notwithstanding anything to the contrary contained in this licence, if we reasonably believe that any Content may create liability for us, we may remove such Content as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
Each party acknowledges and agrees for all purposes that all Marks associated with the other party or the other party's services, products, literature, promotional materials or otherwise, whether or not registered, constitute the other party's exclusive property.
You grant to us a non-exclusive, royalty-free licence to use those Marks of the Licensor. We shall use such Marks solely for the purposes of performing our obligations under this licence, including in connection with any advertising, marketing and promotional activities undertaken and materials developed pursuant to this licence.
All promotional literature and other materials prepared by either party in connection with its promotional obligations under this licence shall bear appropriate copyright and trade mark notices as prescribed by the party whose content or branding is included therein.
You shall not use, register or attempt to register in any jurisdiction, or otherwise appropriate or adopt, any name, mark or logo that is confusingly similar to any of Transformative Marketing Solutions' Marks.
At no time shall the Licensor attack, challenge or file any application with respect to any Transformative Marketing Solutions Mark.
Each party warrants to the other that it has full power and authority to enter into and perform this licence.
You warrant to us that the Content, the Licensor's Marks and the Delivery Materials:
- do not infringe any third party's Intellectual Property Rights, other proprietary rights or rights of publicity or privacy;
- do not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
- are not defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- are not obscene or pornographic and do not contain child pornography;
- do not violate any laws regarding unfair competition, anti-discrimination or false advertising;
- and do not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Limitation of remedies and liability
We shall not be liable for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
Intellectual property rights
We retain all Intellectual Property Rights in the Site, the Derivative Works and its Marks, and nothing in this licence shall be taken to grant any rights to the Licensor in respect of such Intellectual Property Rights.
Title to and ownership of Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with the Licensor.
Any and all Visitor Data (such as name, address and email address) that is collected through any user registration process or otherwise shall be owned by Transformative Marketing Solutions.
You shall indemnify Transformative Marketing Solutions and its employees, owners, partners, associates, affiliates, subsidiaries, agents or subcontractors against all claims, liabilities, damages, injury, losses, costs and expenses arising out of any claim or action that our use of the Content, the Delivery Materials or the Licensor's Marks, duly approved in accordance with the provisions of this agreement, infringes the rights of or causes damage to any third party.
You undertake to keep us indemnified against all claims, liabilities, damages (actual and consequential), injury, losses, costs and expenses of every kind and nature incurred or suffered by us arising out of any breach, or claim of a breach, by you of any provision of these terms and conditions.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Blocking computers using your IP address from accessing our website.
- Contacting your Internet service provider to request that they block your access to the website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. It is your responsibility to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.