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.