In these terms, references to “you”, “user”, “yourself”, “your”, “client”, “visitor”, “customer”, shall mean the end user accessing the website, its contents and using the services offered through the website.
The terms, “LawMate.in”, “LawMate.in services”, “LawMate.in website”, “website”, “we”, “us”, “our” shall mean LawMate.in, a subsidiary of Attort Legal Consultancy Private Limited.
LawMate.in is a subsidiary of Attort Legal Consultancy Private Limited. LawMate.in is a leading professional legal tech firm serving business houses since 2016. Our expertise lies in corporate and commercial law. LawMate.in strives to make justice accessible to citizens of India.
1. ELIGIBILITY TO USE THE WEBSITE
i. By using this website, you agree that you are competent to enter into contract as per the laws of India, and in particular, the provisions of the Indian Contract Act, 1872.
iii. You agree that you have provided true, accurate, current and complete information to the owner in connection with the use or access of the service.
2. GENERAL PROVISIONS OF USAGE
i. Non-Exclusive License:
LawMate.in shall provide a non-exclusive based Service (hereinafter referred to as “LawMate.in Services” or “Services”) to the User.
Nothing shall be deemed to prevent or restrict LawMate.in’s ability to provide the Services to any other users.
ii. Consent to Receive Emails/SMS or any other communication services:
By availing LawMate.in services, you agree to receive communications from LawMate.in i.e. newsletters, offers, mails, reminders, notifications, updates, etc.
All the users must strictly note and keep in mind that LawMate.in or any of its services provided under this website do not construe it to be a law firm in any manner whatsoever.
The user shall not permit any person to engage in the following activities:
a. copy or republish the services of LawMate.in;
b. make the services available to any third party;
c. use or access the Services for any purpose which is not agreed upon and mentioned in this agreement between the User and LawMate.in;
d. create derivative versions of the Services provided by LawMate.in;
4. ACCEPTABLE USE OF COMMUNICATION SERVICES
LawMate.in shall provide a large number of communication services which include live chats, comment threads, blog posts, question and answer products, customer service communication forums, emails, telephonic communications and other message services.
Due to the daily change in rules and regulations in our country LawMate.in will not be able to guarantee the authenticity, accuracy and validity of the information mentioned in its communication services.
The User shall agree to use the communication services only to post, send and receive messages or materials to and related to the particular communication service.
The User shall agree to not do any of the following when using a communication service:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b. Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, defamatory, infringing, obscene, indecent or unlawful;
c. Create a false identity, represent as someone else or sign an agreement as someone else or on behalf of someone else or otherwise falsely or delete in an uploaded file any significant attributions or notices.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, LawMate.in owns all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.
The User shall acknowledge and agree that it shall not use, reproduce or distribute any content from the website belonging to LawMate.in.
The Logo of the User may be used for marketing and other promotional activities. No Logo may be used in any way that mischaracterizes the relationship between LawMate.in and the User.
Notwithstanding the foregoing, it shall be expressly clarified that the User will retain ownership and shall solely be responsible for any content that the User provides when using any LawMate.in services, including any text, data, information, or any other material which the User may provide, transmit when making use of various services provided by LawMate.in.
LawMate.in further reserves the right to terminate the services of the user who infringes the copyrights or other Intellectual Property Rights of LawMate.in.
The User is not allowed to reuse, republish, convert, transfer, send, transmit, modify the content provided or accessed by them in any manner or provide for the use of any third party in any manner.
LawMate.in further reserves the right to bring legal action against the User who infringes the copyrights or other Intellectual Property Rights of LawMate.in.
7. PAYMENT POLICY
LawMate.in provides its services exclusively based on the Upfront payment policy. All payment must be complete and fully paid prior to providing the service. Any requests for part payment or payments in installments shall not be entertained.
Only once full payment of the service is confirmed by LawMate.in, only then LawMate.in shall proceed with providing the services.
Pricing for the services is subject to constant change without prior intimation. User is required to confirm the exact pricing before making any payment.
All bank charges, payment processing charges and convenience fees need to be borne by the User.
The User takes full accountability for payment of all taxes that are levied or need to be paid up in the course of use of the Website and while processing a transaction.
9. REFUND POLICY
Refunds shall only be provided in special extreme circumstances wherein the services have not been commenced by LawMate.in. Refunds shall be subject to the discretion of the accounts department of LawMate.in.
Refunds shall be provided only after deducting the bank charges and other taxes for the transaction. LawMate.in shall not provide refund of the full amount in any circumstance whatsoever.
LawMate.in will have no obligation to provide a refund of any amounts paid to LawMate.in, in the circumstance where in the services have been commenced. Under no circumstance will LawMate.in entertain any claim for refund or reimbursement of the fees paid to LawMate.in in the circumstance where in the services have already been provided to the customer or the process to provide the services has already commenced.
10. USER OBLIGATIONS TOWARDS LAWMATE.IN
The User attempts to satisfy the accompanying commitments. Inability to fulfill any of these commitments gives LawMate.in the right to end or suspend the services provided to the user, visitor, customer;
• User thus affirms that he/ she is above 18 years of age;
• User consents to guarantee that all information given to LawMate.in is proper and accurate as per their best knowledge;
• User consents to follow every local law and directions administering the downloading, establishment as well as utilization of the Website, including, without confinement to any use rules put forward in this Agreement;
• User consents to not venture into the following acts: Cut, duplicate, circulate, adjust, reproduce, figure out, appropriate, scatter post, distribute or make subsidiary works from, exchange, or move any data or programming acquired from the Website;
• User recognizes and concurs that by getting to or utilizing the Website Services, he/she might be presented content from different User or Third Parties;
• User agrees to not use the Website in any way that may overburden, harm, handicap or generally trade off Company's administrations; some other gathering's utilization or the administrations and results of any Third Party;
• User agrees not to use the Services or Materials for any unlawful purposes or to lead any unlawful movement, including, yet not restricted to, misrepresentation, misappropriation, illegal tax avoidance or fraud;
• User agrees not to abuse, hassle, undermine, slander, disappoint, disintegrate, repeal, disparage or generally disregard the legitimate privileges of others;
• User agrees not to engage in any movement that meddles with or disturbs access to the Website or the Services or the servers and systems which are associated with the website;
• User agrees not to upload or appropriate records that contain viruses, ruined documents, or some other comparative programming or projects that may harm the task of the Website or server;
• User agrees not to download any record posted on the Website that you know, or sensibly should know, can't be lawfully circulated in such way;
• User agrees not to probe, sweep or test the helplessness of the Website or any associated system, nor rupture the security or verification measures on the Website. You may not invert look-into, follow or try to follow any data on some other client, of or guest to, the Website, or endeavour the Service or data made accessible or offered by or through the Website, in any capacity regardless of whether the intention is to uncover any data, including however not constrained to individual distinguishing proof data, other than your own data, as accommodated by the website or server;
• User agrees not to disrupt or meddle with the security of, or generally prompt mischief to, the Website, frameworks assets, servers or systems associated with or available through the Website or any partnered or connected website;
• User agrees not to violate any pertinent laws or controls until further notice in power inside or outside your nation of origin;
• User agrees not to violate any set of accepted rules or different rules, which might be material for or to a specific Service;
• User agrees not to publish, send, transmit, email, post, disperse, any data which is destructive, bugging, disrespectful, abusive, profane, obscene, pedophilic, slanderous, obtrusive of another's protection, scornful, or racially, ethnically frightful, demonizing, relating or empowering tax evasion or betting, or generally unlawful in any way whatever; or unlawfully undermining or unlawfully irritating including yet not restricted to "disgusting portrayal of ladies" inside the importance of the Indecent Representation of Women (Prohibition) Act, 1986;
• User agrees not to threaten the solidarity, trustworthiness, safety, security of nation of origin, well-disposed relations with remote states, or open request or make impelling the commission of any cognizable offense or anticipates examination of any offense or is offending some other country;
• User agrees not to disseminate data through the Website that is false, erroneous or deceiving, or disregard any pertinent laws or directions.
LawMate.in warrants that they will conduct the services in all material in accordance with the Government rules and regulations.
LawMate.in does not guarantee that services to be performed will be error-free or uninterrupted.
Neither LawMate.in nor any of its permitted successors and assigns warrant or guarantee that the services provided will be continuous, accurate, secure, and proper.
12. LIMITATIONS OF LIABILITY
LawMate.in nor any of its successors, affiliates and assigns shall be held liable for any indirect, incidental, special or consequential damages, including, without limitation, damages for loss of business, profits, data or use of any service, incurred by the User in connection with LawMate.in services, regardless of the nature of the claim, even if such damage was foreseeable or the other party had been advised of the possibility of such damages.
LawMate.in shall not be held liable on account of technical issues arising from the side of third-party service providers for any services provided.
LawMate.in shall not be liable for the content or the acts of the User. The User shall defend LawMate.in, its directors, officers and employees and other permitted successors, affiliates and assigns against any claim whatsoever or any proceeding initiated against LawMate.in for their contract with the User. The User shall indemnify LawMate.in at their expense and also shall pay all losses, damages, expenses, attorneys’ fees in relation to this. The User shall also bear the burden of the award or judgment if given against LawMate.in in relation to such a matter.
14. CONFIDENTIAL INFORMATION
“Confidential Information” means, includes, consists of any information or data exchanged, disclosed, transferred, by LawMate.in to the User, directly or indirectly, which shall mean and include the following:
a. Information in written, graphical, machine-readable, software, hardware, source code, analytics, coding language, algorithms, or other tangible or intangible form, whether or not if it is marked as “confidential” or “proprietary,”
b. if disclosed orally, written or through any other means irrespective of whether or not it is identified at the time of initial disclosure as confidential and is handed over, exchanged or transferred in any medium, at any time, place or condition from LawMate.in to the User.
c. Any information of any sort whatsoever exchanged, transferred, sent, transmitted from LawMate.in to the User irrespective of whether the information is in relation to the services provided to the User or not.
The Confidential information shall not be disclosed, exchanged, transmitted, transferred, sent, shown, displayed to any third party.
In the occurrence of any transfer, theft, fraud, disclosure or exchange of the Confidential Information to any third party, the User shall be liable to be sued for punitive damages by LawMate.in.
15. FORCE MAJEURE
a. LawMate.in shall have no liability to the User for any interruption or delay in providing services to the User irrespective of the cause.
b. Force Majeure event shall be one when there is an interruption or delay in the performance of LawMate.in’s services to the user due to causes beyond its reasonable control, including but not limited to: internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, pandemic, disease outbreak, sickness, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared), or any change in or the adoption of any law, regulation, judgment or decree.
c. LawMate.in shall not be held liable for non-performance of services due to a Force Majeure event. LawMate.in shall strive to complete the services at the earliest in the occurrence of a Force Majeure event.
16. GOVERNING LAW AND JURISDICTION
(a) an amendment which would restore the validity of the term or condition or;
(b) a comparable, valid term or condition.
19. DISPUTE RESOLUTION
In the event, the Parties fail to resolve the dispute or reach an amicable settlement within a period of sixty (60) days from the date which the dispute has arisen, then such dispute shall be referred to arbitration in accordance with the rules set forth by the Indian Council of Arbitration (ICA) . The Arbitration shall take place in accordance with the Arbitration and Conciliation Act of India, 1996 and the ICA Domestic Commercial Arbitration Clause.
Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of the Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties
Without prejudice to the preceding paragraph, if any such dispute is not resolved by the Arbitration or if such dispute is non-arbitrable or cannot be decided by the Arbitration, then such dispute shall be submitted to the exclusive jurisdiction of the courts at Goa (with the exclusion of all other courts).
20. ENTIRE AGREEMENT