MultiCounsel
General Terms and
Conditions
The following General Terms and Conditions (“T&C”) constitute an agreement between you and Legatech Solutions LLP, having
its office at Blue Ridge Township, T10-303, Hinjewadi Phase 1, Pune -411057,
India and/or its associates, related parties, successors, and assigns (collectively
here in after referred to as “Provider”, “us”, “we” or “our”) which operates
the website MultiCounsel (hereafter referred as the “Website”). BY USING THE WEBSITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY
THAT YOU AGREE TO THESE T&C, including that you consent to the information
practices disclosed in our Privacy Policy, which is incorporated herein by
reference. Please note that we offer the Website ‘AS IS’ and without any warranties.
If you are registering an account or using the Website on behalf of an
individual or entity other than yourself, you represent that you are authorized
by such individual or entity to accept these T&C on such individual or
entity’s behalf. In addition,
you understand that the specific method, features, and services offered on MultiCounsel
may be altered, improved, removed, or adapted at any time in its sole
discretion and without any notice.
Please read the following General Terms and Conditions
carefully as the provisions contained herein shall govern your access and use
of MultiCounsel. If you do not agree with any of these terms, refrain using
this Website.
1.
GENERAL
1.1. The
terms and conditions set below apply to:
1.1.1. any
persons viewing or otherwise accessing the Website (“Visitor “); and
1.1.2. any
persons supplying in any way personal information (including name and email
address) to the Provider through or in connection with the Website, whether by
way of the Provider’s contact form, by email or otherwise (“Registered User
“).
1.1.3. Both
categories of users are collectively referred to as “Users”, “you” or “your” in
this T&C.
1.1.4. By
becoming a User, you hereby acknowledge and agree to be bound by the T&C.
1.1.5. Your
use of the Website and its services are subject to the following additional
restrictions and prohibitions on use. You may not (1) copy, print (except for
the express limited purpose permitted under the T&C), republish, display,
transmit, distribute, sell, rent, lease, loan or otherwise make available in
any form or by any means all or any portion of the Website, or any information
or materials retrieved therefrom; (2) use the Website or any other materials
from the Website to develop, or as a component of, an information storage and
retrieval system, database, or similar information resource (in any media now
existing or hereafter developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental, subscription, or
any other commercial distribution mechanism; (3) create compilations or
derivative works of the Website or any other materials from the Website; (4)
use the Website or any other materials from the Website in any manner that may
infringe any intellectual property right, or proprietary right of LegalKart.com
or any third parties; (5) remove, change, or obscure any proprietary notice or
Terms & Conditions contained in the Website; (6) make any portion of the
Website available through any timesharing system, service bureau, the Internet,
or any other technology now existing or developed in the future, without our
express written consent; (7) remove, disable, defeat or change any
functionality or appearance of the Website; (8) decompile, disassemble or
reverse engineer any Website software or use any network monitoring or
discovery software to determine the Website architecture; (9) use any automatic
or manual process to harvest information from the Website; (10) use the Website
for the purpose of gathering information for or transmitting (a) unsolicited
commercial email or SMS; (b) email or SMS that makes use of our name or
trademarks, including in connection with invalid or forged headers, invalid or
nonexistent domain names, or other means of deceptive addressing; and (c)
unsolicited telephone calls or facsimile transmissions; (11) use the Website in
a manner that violates any state or federal law regulating commercial email,
facsimile transmissions or telephone solicitations; and (12) export or re-
export the Website or any portion thereof, or any software available on or
through the Website, in violation of the applicable export control laws and
regulations, if any.
2.
ELIGIBILITY
2.1. In
consideration of your becoming a User, you represent and warrant that:
2.1.1. you
are 18 years of age or older.
2.1.2. you
have the capacity to form a binding contract
2.1.3. you
are not a person barred from accessing or using the Website under the governing
laws of the T&C, and
2.1.4. your
access or use of the Website does not violate any applicable law or regulation.
3.
DESCRIPTION
OF THE WEBSITE
3.1. The
Website provides the following information, content, resources, and other
material (collectively, “Website Content”) including, without limitation,
information on:
3.1.1. Our
Services
3.1.2. Case
Studies & Best Practices
3.1.3. Benefits
of Outsourcing
3.1.4. FAQs
3.1.5. Contact
details
3.2. The
Website Content may further include other Provider communications such as
service announcements and administrative messages communicated to Registered
Users and are considered part of the terms of registration of the Website.
3.3. All
of the materials and information on the Website are provided for informational
purposes only. The information on the Website is not guaranteed to be correct, complete,
or up to date.
3.4. Unless
explicitly stated otherwise, any new Website Content, features or applications
offered or made available from time to time by the Provider through or in
connection with the Website shall be subject to the T&C. The mere receipt
of an e-mail from or a ‘post’ on the Website from you does not create any
contractual relationship between us for performance of requested Services. User
must follow the steps provided therein to do so.
4.
WEBSITE
ACCESS AND USE
4.1. In
accessing and using the Website or any Website Content thereof, you expressly
acknowledge and agree that:
4.1.1. the
Website is offered, supplied, and provided on an “as-is” and “as available”
basis, and the Provider assumes no responsibility for the timeliness, deletion,
miss-delivery or failure to store any User communications or personalized settings.
4.1.2. you
understand that the Website may include software embodied therein now or in the
future (“Software “) as well as security components that permit digital
materials to be protected, and that your access and use of the Website are
subject to Software usage rules set by the Provider and/or owners of proprietary
Software. The Provider makes no warranty that any errors in the Software will
be corrected;
4.1.3. you
are responsible for obtaining access to the Website and that access may involve
third party fees (such as Internet service provider or airtime charges). You
are responsible for those fees and in addition, you must provide and are
responsible for all equipment necessary to access the Website;
4.1.4. you
may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content or data transmitted through the Website
4.1.5. disrupt
the normal flow of dialogue, cause a screen to “scroll” faster than other Users
are able to type, or otherwise act in a manner that negatively affects other
Users’ ability to engage in real time exchanges
4.1.6. interfere
with or disrupt the Website or servers or networks connected to the Website or
disobey any requirements, procedures, policies, or regulations of networks
connected thereof.
4.1.7. take
any action that places an unusually large load on the infrastructure of the
Website, or bandwidth connecting to the Website, or take any action that
includes the use of any data accumulation, tool, robot, or spider to compile,
disseminate, extract, process, monitor or copy any web pages.
4.1.8. intentionally
or unintentionally violate any applicable local, state, national or
international law; and
4.1.9. attempt
to override or circumvent any of the usage rules embedded into the Software or
those provided herein.
4.2. Subject
to Clause 9, any material downloaded or otherwise obtained through the Website
is done at your own discretion and risk. You will solely be responsible for any
damage to your computer system or loss of data that results from the download
of the same.
5.
WEBSITE
CONTENT
5.1. In
viewing the Website Content displayed on the Website, you expressly acknowledge
and agree that:
5.1.1. all
Website Content posted on the Website or communicated to you from time to time
by the Provider are provided for guidance or as reference only. Accordingly, NO
advice relating to the subject matter of such Website Content is understood to
be given to you by the Provider.
5.1.2. under
no circumstances will the Provider be liable in any way for any Website
Content, including, but not limited to, for any errors or omissions in any
Website Content, or for any loss or damage of any kind incurred as a result of
the use of any Website Content posted, emailed, transmitted, or otherwise made
available through or in connection with the Website. You are not entitled to
rely and/or act upon such Website Content and/or use them as a basis for any
cause of action in law or otherwise;
5.1.3. Provider
does not guarantee that a web-based consultation, over-phone consultation or
in-person / video consultation is the appropriate way to resolve/ solution for
your problem; Website Content, Business Partner Communications and other
communications and resources from the Provider are not comprehensive and do not
include complete potential information pertaining to the subject matter. These
are solely meant for general, educational, and informational purposes and
should not be relied upon as a substitute for user-specific query / problem
evaluation.
5.1.4. The
information contained in these communications and resources is compiled from a
variety of sources and may or may not be authored by Provider and Provider
makes no warranty with respect to the content of these materials or the
information contained therein.
5.1.5. the
Website Content may be subject to change without notice and does not take into
account your objectives, personal or commercial situation, requirements or
needs, or any statutory obligations or requirements which may be required to be
observed in your state or jurisdiction;
5.1.6. to
the fullest extent of the law, the Provider expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited to any
warranty of merchantability, fitness for a particular purpose or correspondence
to descriptions in respect of any Website Content displayed on the Website; and
5.1.7. no
advice or information, whether oral or written, obtained by you from the
Provider or through or from the Website shall create any warranty not expressly
stated in the T&C.
6.
DATA AND
CONTENT INPUT
6.1.
For the purposes of this Clause,
“User Content” means:
6.1.1.
any personal information
provided by you in a contact form or by way of email (collectively “Registration
Data”); and
6.1.2.
any other data or materials you
upload, post, email, transmit or otherwise make available through or in
connection with the Website and its Services.
6.2.
You expressly acknowledge, agree
and warrant that:
6.2.1.
you are solely and entirely
responsible for your User Content
6.2.2.
all Registration Data which is
submitted by you to the Provider through or in connection with the Website is
true, accurate and current, and is complete in all respects;
6.2.3.
you shall update any changes to
your Registration Data as soon as practicable;
6.2.4.
you will take full
responsibility for ensuring that the information submitted is accurate.
MultiCounsel shall make no effort to validate any information provided by Users
for use in Services with respect to content, correctness, or usability. We with
an intention to provide the best service possible could ask you to share more
information as and when needed.
6.2.5.
you shall not upload, post,
email, transmit or otherwise make available through or in connection with the
Website any User Content that:
6.2.5.1. is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
pornographic, obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethnically, or otherwise objectionable.
6.2.5.2. infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
any party.
6.2.5.3. comprises
unsolicited or unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation,
except in those areas that are designated for such purpose.
6.2.5.4. contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment; or
6.2.5.5. purports
to impersonate any other person or entity, including, but not limited to, any
other User, the Provider’s official, employee, consultant, guide, host or any
other representative, or falsely state or otherwise misrepresent your
affiliation with any person or entity.
6.2.5.6. you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under non-disclosure agreements);
6.2.5.7. you
may not misidentify yourself or impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or entity (e.g.,
pretend to be a different person or from a different company or organization).
6.2.6.
you are prohibited from using
any type of computer ‘worm,’ ‘virus’ or any other device that is intended or is
likely to disrupt, overload, or otherwise impair the workings of any part of
the Website. If you do engage in such conduct, the resulting damage will be
hard to quantify as a fixed amount and thus you hereby agree to pay us
liquidated damages in the amount of INR 500,000 for each day that the Website
is damaged until the Website is completely repaired and further unquantified
damages which will occur due to your act will be accessed and you shall be
liable to pay the same. This amount is derived by estimating the value of (1)
the loss of good will caused by an inoperable Website, (2) the time and money
it will take to repair the Website and to address the concerns of visitors. We
are required to use reasonable efforts to repair the Website as quickly as
possible. This clause will not prohibit us from seeking additional compensation
if your conduct injures us in a way not expressly contemplated herein.
MultiCounsel has the right to obtain injunctive and other relief or seek
damages as may be appropriate.
6.2.7.
you are not permitted to collect
or store personal data about other users. You are not permitted to access the
Website for the purpose of data mining or extracting content from the Website
beyond your personal end use.
7. You
also expressly acknowledge, agree and warrant that the Provider:
7.1. shall
have the right (but not the obligation) in their sole discretion to pre-screen,
refuse, or remove any User Content that is made available by you through or in
connection with the Website; and
7.2. may
access, preserve, and disclose all User Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is
reasonably necessary to:
7.2.1. comply
with legal process;
7.2.2. enforce
the T&C;
7.2.3. respond
to your requests for customer service; and
7.2.4. protect
the rights, property, or personal safety of the Website, other Users and/or the
public.
7.3. You
understand that the technical processing and transmission of all User Content
submitted or posted by you may involve:
7.3.1. transmissions
over various networks; and
7.3.2. changes
to conform and adapt to technical requirements of connecting networks or
devices.
7.4. The
Provider does not claim ownership of any User Content you submit or upload
through or in connection with the Website.
8.
EXCLUSION
OF LIABILITY
8.1.
You expressly understand and
agree that the Provider, its subsidiaries, affiliates, officers, agents,
co-branders or other partners and employees shall not be liable to you for any
direct, indirect, incidental, special, consequential, or exemplary damages,
including but not limited to damages for loss or profits, goodwill, use, data
or other intangible losses, even if the Provider has been advised of the
possibility of such damages, resulting from:
8.1.1.
the accessing of, or the
inability to access, the Website, the use of, or the inability to use, or the
reliance, or the inability to rely, on the Website Content:
8.1.2.
unauthorized access to or
alteration of any of your transmissions or data, including any User Content;
and
8.1.3.
any other matter relating to the
Website or Website Content displayed on the Website or communicated to you.
8.2.
In the event you submit
information through the Website, you agree to provide true, accurate, current,
and complete information and agree to promptly update the information to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current, or incomplete, and/or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your participation on the
Website and/or refuse any and all current or future use of the Website or its
services (or any portion thereof).
8.3.
Provider will make all possible
efforts to provide you the best services for your payment. However, Provider
shall not incur any liability and shall declare any service guarantee void in
event of one or more of the following circumstances:
8.3.1. If
you have not provided accurate details including contact information (user’s
email and/or phone number), username and Payment account information.
8.3.2. If
the transaction for payment doesn’t go through with your bank due to (including
but not limited) insufficient funds, fraudulent access, failure of processing
the request by our Affiliate merchants or your bank.
8.3.3. If
circumstances are beyond the control of Provider (such as, but not limited to,
fire, flood, or interference from external forces) and prevent proper execution
of the transaction.
8.3.4. If
you don’t respond to requests of more information (if needed).
8.3.5. If
the user is in breach of any of the Terms and Conditions or policies governing
the use of Website or its Services.
9.
INDEMNITY
9.1.
You agree to fully indemnify, defend,
and hold the Provider, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any and all claims
or demands, liabilities, damages, losses, costs and expenses, including
reasonable attorneys’ fees, made by any third party due to or arising out of
your:
9.1.1. access
and use of the Platform including Website or any Website Contents thereof;
9.1.2. connection
to the Website or its Services.
9.1.3. violation
of the T&C; or
9.1.4. violation
of any rights of another.
10.
PROPRIETARY
RIGHTS
10.1. All
copyright on the Website or embodied in any Website Content displayed on the
Website is owned by the Provider or its proprietary holders, and you are
required to abide by all copyright notices contained on the Website.
10.2. Except
to the extent otherwise specifically authorized by the Provider and/or the
proprietary holders:
10.2.1. you
may not copy, modify, translate, publicize, reproduce, exploit, broadcast,
transmit, distribute, perform, display or sell any of, or any portion of, any
or all Website Content of the Website, or create any derivative works thereof,
and you may not use any of the Website Content in connection with any
commercial endeavours, whether in whole or in part;
10.2.2. you
may only retrieve and display any Website Content on a computer screen, print
individual pages on paper, photocopy and store such pages in electronic form on
disc (but not on any server or other storage device connected to a network)
solely for your personal use; and
10.2.3. you
may not alter the text, graphics, images, audiovisual or any other materials
contained on the Website or embodied in any Website Content.
10.3. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the Website or all Website Content contained therein, in whole or
in part, is strictly prohibited.
10.4. In
addition, the Website domain name, the Provider’s name, logo, other names, and
logos of the Provider as may be created, produced or used from time to time
(“Marks”) are trademarks or registered trademarks of the Provider and its
affiliated companies. Without express and written prior permission, you agree
not to display or use in any manner the Marks for any purpose whatsoever.
11.
MODIFICATIONS
TO THE WEBSITE, WEBSITE CONTENT AND T&C
11.1. The
Provider reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Website or any part thereof, including
the provision of any Website Content, with or without notice to you. You agree
that the Provider shall not be liable to you or to any third party for any such
modification, suspension or discontinuance of the Website or any part thereof.
The most current version of the T&C as posted on this page shall supersede
all previous versions.
11.2. It
is your responsibility to check regularly to determine whether a new version of
the T&C has been uploaded. If you do not agree to any revisions pursuant to
the upload of a new version of the T&C, then you must immediately stop
using the Website.
11.3. You
agree that the Provider shall not be liable to you or to any third party for
any such modification, suspension, or discontinuance of the Website, and/or
amendments to the T&C. Your continued use of the Website after such
modifications or amendments shall constitute an acceptance of your agreement to
be bound by the T&C, as amended.
11.4. Provider
takes all necessary precautions to protect itself against failure of our
hardware and our software. Users acknowledges and agrees that temporary
interruptions in service may occur, and that User shall have no liability for
any claim, cost, charge, loss, or expense arising from or relating to provision
of the Services. Provider makes no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free. The Consumer acknowledges and agrees that in the event of failure,
restoration of service may take several days.
12.
OFF SITE
LINKS
12.1. In
order to offer increased value to our Users, the Website may provide, or third
parties may provide, links to other Websites or resources, which you may access
at your sole discretion.
12.2. You
understand and acknowledge the Provider has no control over such sites and
resources. In this respect, you also acknowledge and agree that the Provider is
not responsible for the availability of such external sites or resources and
does not endorse and is not responsible or liable for any content, advertising,
products, services, or other materials on or available from such sites or
resources.
12.3. You
further acknowledge and agree that the Provider shall not be responsible or
liable, directly, or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods,
or services available on or through any such site or resource.
12.4. Provider
may from time-to-time contract with third party payment service providers
including banks to open nodal bank account under applicable Indian laws, to
facilitate the payment collection of service fee and other charges. These
third-party payment service providers may include third party banking or credit
card payment gateways, payment aggregators, cash on delivery or demand draft /
pay order on delivery service providers, mobile payment service providers or
through any facility as may be authorized by the Reserve Bank of India for
collection, refund, and remittance, as the case may be of payment or supporting
the same in any manner. You agree, understand, and confirm that the bank /
debit / credit card details provided by you for availing services will be
correct and accurate. These details are entered by you directly at the third
party payment service provider webpage and Provider does not have any access
whatsoever to your payment details.
12.5. Your
use of these Third-Party Payment service providers is subject to their Terms
& Conditions. You understand that Provider is not responsible or liable for
the behavior, features, or content of any Third-Party Payment service provider.
Provider cannot assist with a stop payment request for any payment scheduled
using a Payment Account credit/debit card. In any such case, you must
immediately and directly contact your credit/debit card company/bank.
13.
EMAIL
POLICY
13.1. We
will not respond unless required to do so by law to any email sent to us which
contains threatening, abusive, malicious, pornographic, obscene, defamatory, or
otherwise illegal or inappropriate material. We reserve the right to take such
action as we in our sole discretion deem fit in respect of such material.
13.2. We
will not disclose any personal information under any circumstances of any
staff, employee, contractor, or worker of the Provider and/or the Provider’s
associates. Where appropriate we will endeavour to respond to all Emails within
5 days of receipt, but we cannot and do not guarantee to respond to any Emails.
All Emails will generally be stored for 3 months after which time they will
automatically be deleted. Any Email sent to the incorrect destination is liable
to be deleted immediately.
14.
PRIVACY
POLICY
14.1. The
use of any personal information collected from you is subject to our Privacy Policy,
which is incorporated into this T&C by reference.
15.
NO THIRD-PARTY
BENEFICIARIES
15.1. You
agree that, except as otherwise expressly provided in this T&C, there shall
be no third-party beneficiaries to this T&C, and that you may not assign
your profile or registration to any other persons.
16.
NOTICES
16.1. If
you choose to provide us with a nominated email address, unless you expressly
inform us otherwise, the Provider may communicate with you by providing you
with notices regarding updates, changes or additions to the Website or Services
offered through or in connection with the Website.
17.
GOVERNING
LAW
17.1. This
T&C and any obligations arising out of or in relation to the T&C shall
be governed by and construed in accordance with the laws of India.
18.
JURISDICTION
18.1. You
understand, agree, and acknowledge that the courts in Pune, India are to have
exclusive jurisdiction to settle any dispute (including claims for set-off and
counterclaims and disputes relating to any non-contractual obligations) which
may arise out of or in connection with the T&C and for such purposes irrevocably
submit to the jurisdiction of the aforesaid courts.
19.
ENTIRE
AGREEMENT
19.1. The
T&C constitute the entire agreement between you and the Provider and govern
your access and use of, or purchase through or in connection with, the Website,
superseding any prior agreements between you and the Provider.
19.2. You
also may be subject to additional terms and conditions that may apply when you
use or purchase certain other services of the Provider, affiliated services,
third-party content or third-party software.
20.
WAIVER AND
SEVERABILITY OF TERMS
20.1. The
failure of the Provider to exercise or enforce any right or provision of the
T&C shall not constitute a waiver of such right or provision.
20.2. If
any provision of the T&C is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavour to
give effect to the parties’ intentions as reflected in the provision, and the
other provisions of the T&C remain in full force and effect.
21.
VIOLATIONS
AND INFRINGEMENTS
21.1.
Any violations or infringement
of the T&C should promptly be reported by the User by emailing the Provider
at hello@multicounsel.com.
IF YOU DO NOT AGREE TO
OUR GENERAL TERMS & CONDITIONS OR OUR PRIVACY POLICY, WE KINDLY REQUEST YOU
REFRAIN USING THIS WEBSITE.