Terms & Conditions

Last updated on February 22, 2020

 

Rules of Bar Council of India does not permit law firms or Lawyers to develop a regular website. This is only a platform aimed at providing information regarding Indian Laws & Procedure. This site is not intended for advertisement or soliciting. This site contains only general information about the laws prevalent and judgments passed by the Courts of India and contents mentioned in the website is just for the general awareness for the people who wants to know about the laws and procedures in India.

The Website (defined herein below) and this Terms of Use are prepared in terms of Information Technology Act, 2000 and rules there under as may be applicable. This Terms of Use is generated by a computer system, does not require any physical or digital signatures.

This Terms of Use is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of LawAdvisorIndia

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person including without limitation any company, firm, sole proprietorship or other associations of individuals, who visit, search and assesses our Website for availing Our Services (defined herein below). For the purpose of these Terms of Use, wherever the context so requires “Lawyer(s)” shall mean an advocate entered in roll of advocates in accordance with Advocate Act, 1961 including without limitation advocates who have consented for their particulars to be included in “List of Lawyers”. You understand and agree that this List of Lawyers is just an index of Lawyers and is not a communication or advertisement to influence the User, for selection of any Lawyer. It is the sole discretion of the Users to avail or not to avail services from any Lawyer. The term “We”, “Us”, “Our”, “LawAdvisorIndia”, “Company” shall mean LawAdvisorIndia Techserve Pvt. Ltd.. These Terms of Use including without limitation the applicable policies which are incorporated herein by reference and which forms an integral part of these Terms of Use; govern Your usage of the Website. By accessing or using Our Website or availing Our Services, You signify that You have read, understood, and agree to be bound by these Terms of Use (“Agreement”)

LawAdvisorIndia at its sole discretion reserves the right to make unilateral modifications to this Agreement without providing any notice or assigning any reason to You. Your continued usage of Website after any such changes constitutes your acceptance of the changes made to this Agreement. If You do not agree with any terms of this Agreement, We encourage You not to accept this Agreement, stop Your use of the Website and thereupon You shall not be permitted to access Our Website.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION

services

1.1

We on Our Website, provide only as a reference a List of Lawyers (defined herein below). The User at its sole discretion may select a Lawyer listed in List of Lawyers or may select any Lawyer of its choice and We shall provide following services to the User with respect to the Lawyer selected by the User for its legal case/matter (“Services”):

  1. contact the Lawyer and negotiate the fee to be charged to the User by Lawyer;
  2. determine the milestones for the Lawyer with respect to the legal matter/case of the User;
  3. provide a dedicated case manager to follow up from time to time with the Lawyer with respect to the legal matter/case of the User;
  4. update the User regarding next steps of its legal matter/case;
  5. collect the Lawyer’s fees from the Users and remit the same to Lawyers account.

1.2LawAdvisorIndia is not a “lawyer referral service” and does not provide legal advice or participate in any legal representation.

1.3LawAdvisorIndia also acts as a platform for Lawyers to post and contribute blogs and articles on various legal matters/issues. Users understand that such blogs and articles posted/ contributed by Lawyers or any opinions, statements made by Lawyers on the Website are for informational purposes only, and it does not constitute any kind of legal advice to any User.

1.4Notwithstanding anything provided herein above, you understand and agree that we do not act, promote, seek or solicit any work for any lawyer nor do we charge any fee from any lawyer for making his particulars appear on the website or providing any legal services to the user or responding to any query/questions of the user. You understand that we only include the details of the lawyers on our website as a refernce to users and user is not bound by us in any way to engage a lawyer listed in the list of lawyers. You understand that list of lawyers including without limitation responses/ answers to queries/ questions or blog post and articles posted/contributed by lawyers, any opinions, statements made on the website by the lawyers are for informational purposes only, and it does not constitute any kind of legal advice to any user.

1.5You understand that we do not provide any legal services and we are not a law firm.

1.6You understand that Our Website is not an advertising service for Lawyers and it does not solicit business of or promote any Lawyer and hence We are not in violation of propositions of Advocates Act 1961 and/or Bar Council Rules.

1.7You agree and understand that Lawyers are not employees or agents of LawAdvisorIndia and no information of any kind or answers to questions/queries provided by any Lawyer constitutes an endorsement, recommendation or referral of any Lawyer. We urge all Users to make their own independent assessment and evaluation of any Lawyer being considered by them. We shall not be liable for the acts/opinion/suggestions provided by any Lawyer.

1.8The List of Lawyers provided on the Website only consist of details of Lawyer such as name, telephone number, email id, areas of practice, professional qualifications etc. as prescribed and within the ambit of Bar Council Of India Rules but We do not in any way guarantee the accuracy, adequacy, authenticity of such information provided by the Lawyer and the User should independently analyse and apply his prudent mind in testing the authenticity of the information provided by the Lawyer

1.9We make reasonable efforts to select and vet the Lawyers included in the List of Lawyers, however. We do not recommend any specific lawyer or select, endorse or recommend any Lawyer to the User. The selection and hiring of services of any Lawyer is at the sole discretion of the User

1.10When a User selects any Lawyer, the Lawyer acts on its sole behalf and is not a representative or agent of LawAdvisorIndia. Accordingly, please consider carefully before You agree to use a Lawyer’s offered services. We do not have control over the quality of knowledge, amount of time taken, legality, fee charged, failure to provide with a result, or any other aspect whatsoever of any opinion/service provided by Lawyer(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any l Lawyer in any manner.

We make no representation about the suitability, reliability, timeliness, or accuracy of the services provided by Lawyers either identified through Our Website or otherwise whether in public, private, or offline interactions. We do a background checks or vetting of the Lawyer but We take no responsibility of any default caused or insufficient service provided by the any Lawyer.

We are not responsible for the conduct, whether online or offline, of any lawyer or user of the service. We shall not be liable for any claim, injury or damage arising in connection with your use of the services or hiring of any lawyer.

A. Eligibility

This is a contract between You and LawAdvisorIndia. You must read and agree to the terms and conditions of this Agreement before using the Services. If You do not agree to the terms of this Agreement, You may not use the Services and end your use of the Website. You may use the Services only if you can form a binding contract with LawAdvisorIndia, and only in compliance with this Agreement and all applicable local, state, national, and rules and regulations.

Use of the Service provided by Us is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the LawAdvisorIndia and shall not transact on or use the Service provided by Us. .. We reserve the right to terminate an User’s access to the Website if it is brought to LawAdvisorIndia’s notice or if it is discovered that You are under the age of 18 years or not eligible to enter into contract.

B. LawAdvisorIndia Services

Subject to the terms and conditions of this Agreement, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. We reserve all rights not expressly granted herein in the Services. We may terminate this license at any time for any reason or no reason.

C. LawAdvisorIndia Accounts

Your LawAdvisorIndia account gives you access to the Services and functionality that We provide and may develop, establish and maintain from time to time and at our sole discretion.

If you open an account on Our Website on behalf of a company, organization, or other entity, then (a) “You” includes you and that entity/organization/Association of persons/any other arrangement which has existence in any law of the country who use the service as User, and (b) You represent and warrant that You are an authorized representative of the entity with the authority to bind the User of this service to this Agreement, and that You agree to this Agreement on the User’s behalf.

By registering on the Website, You give us the permission to access and use Your information, and to store your login credentials. . You may never use another User’s account without permission from another User. While creating your account, You are under an obligation to provide accurate and complete information, and to keep this information up to date. Your failure to do the same may result in your inability to access and use the Services and gives us the right to terminate this Agreement.

You are solely responsible for the activity that occurs on your account, and You must keep your account secure. The User shall take all necessary steps to ensure that his/her account password is kept confidential & secure and shall ensure that he/she will exit from their account at the end of each session.

You are supposed to inform Us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses/damages/claims made/caused by any unauthorized use of your account.

You agree and confirm that You shall inform Us immediately of any changes to the information that has been provided when registering. You understand and agree that any omission, misrepresentation or concealment of any significant fact/detail/information provided on the Website, shall be considered as a sufficient reason for legal action against You including but not limited to termination of your account. You can access and update much of the information provided on the Website or by writing to us at help@LawAdvisorIndia.com

Your account with LawAdvisorIndia shall be used by You to post legal queries, ask legal questions, send requests pertaining to legal issues, request to contact a Lawyer, etc. Any other un authorized use of Your account shall make you liable of being removed from the Website and further You would not be allowed to be registered on the Website and use of Our Website.

By providing LawAdvisorIndia your email address You consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send You other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by contacting us at help@LawAdvisorIndia.com Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D. Service Rules

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

Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”

Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services (except that LawAdvisorIndia grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

Transmitting spam, chain letters, or other unsolicited email, SMS, or other messages;

Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;

Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our Website;

Uploading invalid data, viruses, worms, or other software agents through the Website;

Collecting or harvesting any personally identifiable information, including account names, from the Website;

Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

Interfering with the proper working of the Website;

Accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or

Bypassing the measures We may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

Host, display, upload, modify, publish, transmit, update or share any information that:

  1. Belongs to another person and to which the User does not have right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful under any applicable law in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. contain software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of Website
  8. Threatens the unity, integrity defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You understand that we reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or direction. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

LawAdvisorIndia shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Agreement. Notwithstanding anything provided herein,, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND FROM YOUR PROFILE. In no event shall LawAdvisorIndia assume or have any responsibility or liability for any content posted by You (“Users’ Consent”) or for any claims, damages or losses resulting from use of Users’ Consent and/or appearance of Users’ Consent on the Website. You hereby represent and warrant that Users’ Consent which You provide and all information it contains and that such Users’ Consent shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to You or to Users generally; or create usage limits for the Services and such acts of ours will not make us liable for any claim in any manner whatsoever. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with the Lawyers. We have no obligation, to monitor disputes between You and the Lawyers. We shall have no liability for your interactions with any Lawyer, or for any Lawyer’s action or inaction.

We may at Our sole discretion limit access to the Services and/or terminate the accounts of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Our Proprietary Rights

The Services and all content therein or transferred thereby, including, without limitation, text, patents, trademarks, service marks, copyrights, information, documents, logos, graphics, sounds and images (the “LawAdvisorIndia Content”), and all Intellectual Property Rights related thereto, are the exclusive property of LawAdvisorIndia. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any LawAdvisorIndia Content Use of the LawAdvisorIndia Content for any purpose not expressly permitted by this Agreement. Upon doing of any such conduct/act which is strictly prohibited will make you liable for damages as well as prosecution under the applicable law.

You may choose to or we may invite you to submit comments or ideas about our Services, including without limitation about how to improve the Services. By submitting any idea, You agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LawAdvisorIndia under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to You, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LawAdvisorIndia does not waive any rights to use similar or related ideas previously known to LawAdvisorIndia, or developed by its employees, or obtained from sources other than You.

Our Website displays responses to questions, articles, blog posts, other information on Lawyers and this content is not created or developed by LawAdvisorIndia and that LawAdvisorIndia holds the right to screen the data and information available on Our Website but holds no responsibility as to the authenticity, accuracy, adequacy or quality and veracity of the same of any such information, or the qualifications of those posting it. You are advised to do your own due diligence before following any advice/answer to legal query provided by any Lawyer.

Privacy Policy

We care about the privacy of our Users.

For the complete and proper usage of the Website, User while registering shall need to provide certain details, information including their Personal Information, which the User agrees and confirms, shall be true and accurate.

Any Personal Information collected by the Website shall not be disclosed to any third party unless such a disclosure is authorized by law, or the User has consented to such a disclosure. However, the Website has the unconditional right to share the User’s Personal Information with the Website partners, affiliates, employees and agents. For more details on the Websites’ policies regarding Personal Information please refer to the “Privacy Policy”.

Third-Party Links, Recommendations and Information

Our Website may contain links, recommendations and information to third-party materials that are not owned or controlled by LawAdvisorIndia. LawAdvisorIndia does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service, purchase a product or service, and/or engage a third-party from the Services, you do so at your own risk, and you understand that this Agreement do not apply to your use of such third-party sites, services or products. You expressly relieve LawAdvisorIndia from any and all liability arising from your use of any third-party website, service, product or content.

Indemnity

You agree to defend, indemnify and hold harmless LawAdvisorIndia and its subsidiaries, agents, licensors, managers, and other affiliated companies, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. Your use of and access to the Website and availing Our Services, including any data or content transmitted or received by You;
  2. Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
  3. Your violation of any third-party right, including without limitation any right of privacy, Intellectual Property Rights, and any rights of Third Party Providers;
  4. Your violation of any applicable law, rule or regulation;
  5. Any content that is submitted via your account including without limitation misleading, false, or inaccurate information;
  6. Your wilful misconduct; or
  7. Any other party’s access and use of the Services with your unique username, password or other appropriate security code
  8. For any non-performance or breach of any contract entered into between User and Lawyers

No Warranty

The service is provided on an “as is” and “as available” basis. Use of the services is at your own risk. To the maximum extent permitted by applicable law, services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from LawAdvisorIndia or through our website will create any warranty not expressly stated herein. Without limiting the foregoing, LawAdvisorIndia, its subsidiaries, its affiliates, and its licensors do not warrant that the content provided on the website is accurate, reliable or correct or that our services will meet your requirements or that our services will be available at any particular time or location, uninterrupted or secure or that any defects or errors will be corrected or that any requests will be met satisfactorily or at all; or that the services is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the services or our website.

LawAdvisorIndia does not guarantee the suitability or ability of any lawyer, nor that will any such lawyer meet your requirements or expectations.

The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall LawAdvisorIndia, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, breach of or inability to use of services. Under no circumstances will LawAdvisorIndia be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your account or the information contained therein.

To the maximum extent permitted by applicable law, LawAdvisorIndia assumes no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of requests or LawAdvisorIndia content;
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or website;
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  4. Any interruption or cessation of transmission to or from the website;
  5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party;
  6. Any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website;
  7. The defamatory, offensive, or illegal conduct of any third party; and/or
  8. Any transaction or relationship between you and any third party provider including its breach thereof.

In no event shall LawAdvisorIndia, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to LawAdvisorIndia hereunder. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LawAdvisorIndia has been advised of the possibility of such damage.

LawAdvisorIndia shall not and is not required to mediate or resolve any dispute or disagreement between the User and any Lawyer.

The Services are controlled and operated from facilities in t India. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations. You may not use the Services if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.

Governing Law

This Agreement is governed by the laws of India.

ARBITRATION CLAUSE

Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this Agreement or the subject matter thereof shall be referred to the sole arbitrator appointed by LawAdvisorIndia and in the event of any failure to commence or to continue arbitration by the arbitrator for any reasons whatsoever, the new arbitrator shall be appointed by LawAdvisorIndia only. The arbitration shall be governed by the Arbitration and Conciliation Act,1996. The seat of arbitration shall be in Delhi. Nothing shall preclude LawAdvisorIndia from seeking interim or injunctive relief, or both, from any court having jurisdiction to grant the same.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws in India.

General

A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by LawAdvisorIndia without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement. LawAdvisorIndia may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on Our Website, as determined by LawAdvisorIndia in our sole discretion. LawAdvisorIndia reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. LawAdvisorIndia is not responsible for any automatic filtering. However You or your network provider may apply to email notifications we send to the email addresses provided by you. LawAdvisorIndia may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Website or Our Services.

C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements You may enter into with LawAdvisorIndia in connection with the Services or use of Website, shall constitute the entire agreement between You and LawAdvisorIndia concerning the Services or use of Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LawAdvisorIndia’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Contact.

Please contact us at help@LawAdvisorIndia.com with any questions regarding this Agreemen

 

Law Advisor India