Terms
and Conditions for Users availing Professional Services from SoOLEGAL
Registered Users/ Consultants:
By
registering to avail Professional Services from SoOLEGAL Registered
Users/ Consultants, it is understood and agreed by you that the Terms
and Conditions mentioned herein this document shall be binding on you
at all times during the period of the Professional Services being
availed by you.
The
Terms and Conditions will govern your access to and use of the
services through an account and/or accounts and will be treated as
your consent to abide by the Terms and Conditions that you may avail
any Professional Service from any SoOLEGAL Registered Professional
including Law Firm, CA/ CS/ ICWAI or any other Firm, or from any
Retired Judge of any Court in India, any Academician (Legal &
others) Student (Legal & others), Publisher, any Intelligence
Service. By registering for or using the services, you will be
responsible to abide by the Terms and Conditions. You shall also
abide by the Program Policies which will be applicable on you in
connection with the SoOLEGAL site.
Eligibility
Any
person seeking Professional Service may register and avail services
from Registered Users/ Professionals engaged with SoOLEGAL.
Service
Fee Payments -
SoOLEGAL
will charge you 5% of the Invoiced Amount by any Registered User/
Consultant for any Professional Service that you avail from
SoOLEGAL’s Registered User/ Consultant. You shall be responsible
for payment only to such Registered Users/ Consultants from whom you
have sought professional advice/ service, but such payments shall
happen through SoOLEGAL for which 5% will be charged by us on the
Invoiced amount and in order to avail such Services from SoOLEGAL in
connection with the aforesaid, we may require you to submit valid
debit/ credit card information acceptable by SoOLEGAL and be a valid
instrument for payment of professional fees that will be charged by
the Regsitered Consultants from whom you seek advice from (with
respect to such SoOLEGAL Site, "Your Credit Card"). You
will use only a name you are authorized to use in connection with the
Service and will update such information as necessary to ensure that
it at all times remain accurate and complete. You authorize us to
verify your information (including any updated information), to
obtain credit reports about you from time to time, to obtain credit
authorizations from the issuer of Your Credit Card, and to charge
Your Credit Card or debit Your Bank Account for any sums payable by
you to us (in reimbursement or otherwise). At SoOLEGAL's option, all
payments to you (as any refund) will be made to Your Bank Account,
via cheque or electronic transfers or any other means as specified by
us. You agree that SoOLEGAL shall not be liable for any failure to
make payments to you on account of incomplete or inaccurate
information provided by you with respect to Your Bank Account.
In
addition to charging payable sums to Your Credit Card, we may instead
choose to either (a) off-set any amounts that are payable by you to
us (in reimbursement or otherwise) against any payments we may make
to you, or (b) invoice you for amounts payable to any Professional/
Consultant registered with SoOLEGAL, in which case you will pay the
invoiced amounts upon receipt. Except as provided otherwise, all
amounts contemplated as per these Terms and Conditions it will be
expressed and displayed in the Local Currency, and all payments
contemplated as per the Terms and Conditions will be made in the
Local Currency. If we discover erroneous or duplicate transactions,
then we reserve the right to seek reimbursement from you by deducting
from future payments owed to you, charging Your Debit/ Credit Card,
or seeking such reimbursement from you by any other lawful means;
provided that the foregoing will not limit your rights to pursue any
good faith dispute with SoOLEGAL concerning whether any amounts are
payable or due.
You
are required to pay an Advance amount of 25%
for the matter you are assigning a SoOLEGAL Registered Consultant and
an email will be sent to you on the timeline which the assigned work
will be completed. The advance amount will be refunded to you without
any interest if the assigned task is not received in SoOLEGAL
Repository by the Consultant. In the event of receipt of completed
work in SoOLEGAL Repository by the Registered Consultant, you will be
required to remit the rest of the amount immediately to SoOLEGAL in
order to enable us to provide you the pass code to access the
document/ advice received from the Registered Consultant appointed by
you. If SoOLEGAL is not in receipt of the remaining amount within 30
days, the advance amount will be remitted to the Consultant
without further notice to you.
Term
and Termination
The
term of this Agreement will start on the date of your completed
registration for one or more of the Services (the "Effective
Date") you avail from any Registered User/ Consultant of
SoOLEGAL and continue till the completion of the Service availed by
you (the "Term"). Upon termination, all rights and
obligations of both SoOLEGAL and you shall cease. Any term that
expressly survives according to the applicable Service Terms will
only survive termination.
Representations
You
represent and warrant to us that: (a) if you are a Company/
Professional Firm, you are duly registered under applicable Laws,
validly existing and in good standing under the Laws of the territory
in which your Firm is registered and are a resident of India for
income tax purposes every financial year; (b) you have all requisite
right, power and authority to agree to the Terms and Conditions &
perform your obligations and grant the rights, licences and
authorizations you grant hereunder; (c) you and all of your
affiliates, associates will comply with all applicable Laws in your
performance of your obligations and exercise of your rights under
this Agreement. You further represent that before seeking any
professional service from any Registered User/ Consultant registered
with SoOLEGAL platform, you at your own risk shall perform due
diligence of such Professional/ Consultant as SoOLEGAL shall not be
responsible for any fraudulent user in this platform and any fraud
committed on you by such user.
Indemnification
You
release us from, and agree to indemnify, defend and hold harmless us
(and our officers, directors, employees, agents and Affiliates)
against, any claim, loss, damage, settlement, cost, taxes, expense or
other liability (including, without limitation, attorneys' fees)
(each, a "Claim") arising from or related to: (a) your
actual or alleged breach of any obligations of any Terms and
Conditions; (b) any personal injury, death or loss of property due to
any advice of provided by you to any client or any damage caused to
any client related thereto; or (c) Any applicable tax accrued and
incidental upon you; or (d) any fraud committed upon you by any
SoOLEGAL Registered User/ Consultant as SoOLEGAL does not perform any
Due Diligence on such Users and such Users expressly have represented
that they are duly Registered Professionals under applicable
statutes; or (e) any fraudulent transaction on your debit/ credit
card by any third party not associated with SoOLEGAL.
Disclaimer
-
THE
SoOLEGAL SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN
CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." YOU
ARE ENTITLED MERELY TO USE THE PORTAL ONLY TO THE EXTENT PERMITTED
BY SoOLEGAL AND AS A USER OF THE SERVICES, YOU ACCESS THE SoOLEGAL
SITE, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY
SoOLEGAL TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. WE AND OUR
AFFILIATES WAIVE AND DISCLAIM: (1) ANY REPRESENTATIONS, WARRANTIES,
DECLARATIONS OR GUARANTEES REGARDING THE SERVICES OR THE
TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES,
DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES
ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SoOLEGAL SITE OR THE SERVICES
WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY
SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES
OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING,
ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS OR ANY
OTHER INTERRUPTION CAUSED DUE TO ANY FORCE MAJEURE EVENT WHERE WE DO
NOT GUARANTEE ANY BUSINESS CONTINUITY PLAN TILL THE CESSATION OF
SUCH FORCE MAJEURE EVENT.SOME JURISDICTIONS' LAWS DO NOT ALLOW
EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM
TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW, ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT OR QUIET ENJOYMENT.
-
SoOLEGAL
IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN CLIENTS AND
REGISTERED USERS OR ANY OTHER PARTICIPANT DEALINGS, IF A DISPUTE
ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE
SoOLEGAL (AND ITS AGENTS, AFFILIATES AND EMPLOYEES) FROM CLAIMS,
DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES BETWEEN YOU AND YOUR CLIENT(S) OR ANY OTHER PARTICIPANT(S)
IN SUCH TRANSACTION OR DEALING.
-
SoOLEGAL
SHALL NOT BE RESPONSIBLE FOR ANY PROFESSIONAL MISCONDUCT BY YOU OR
YOUR FIRM OR YOUR AFFILIATES OR ASSOCIATES AS PER THE PROVISIONS
UNDER ANY APPLICABLE ACT THROUGH WHICH YOUR FIRM OR YOU ARE
REGISTERED.
Limitation
of Liability
SoOLEGAL
WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING
NEGLIGENCE, DOCUMENTS LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR
OTHER IN THEORY OR OTHER-WISE) TO YOU OR ANY OTHER PERSON FOR ANY
COST OF COVER, RECOVERY OR RECOUPMENT OF ANY IN-VESTMENT MADE BY YOU
OR YOUR AFFILIATES IN CONNECTION WITH THE SERVICES PROVIDED, OR FOR
ANY LOSS OF PROFIT, REVENUE, OR DATA OR PUNITIVE OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF
SoOLEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR
DAMAGES. SoOLEGAL IN FURTHERANCE SHALL NOT BE LIABLEFOR ANY GROSS
NEGLIGENCE OR WILFUL MISCONDUCT. SoOLEGAL IS NOT RESPONSIBLE FOR ANY
FRAUDULENT TRNSACTION OF YOUR BANKING INSTRUMENTS OR DEBIT/CREDIT
CARDS. SoOLEGAL IS NOT RESPONSIBLE FOR ANY REISTERED USER WHO IS NOT
A BONA FIDE REGISTERED PROFESSIONAL UNDER APPLICABLE STATUTES.
Tax
Matters
Pursuant
to your availing SoOLEGAL Services from its Registered Users/
Professionals, you will be subject to applicable taxes and you will
pay any taxes that are imposed and payable on such amounts. If we are
required by law or by administration thereof to collect any value
added, service, sales, use, goods and services or similar taxes from
you, you will pay such taxes to us or the Professionals you sought
for professional service.
Confidentiality
During
the course of your use of the Services, you may receive information
relating to us or our Affiliates or to the Services that is not known
to the general public ("Confidential Information"). You
agree that: (a) all Confidential Information will remain SoOLEGAL's
exclusive property; (b) you will use Confidential Information only as
is reasonably necessary for your participation in the Services and
ensure that persons who have access to Confidential Information will
be made aware of and will comply with the obligations in this
provision; and (c) you will not otherwise disclose Confidential
Information to any individual, company, or other third party,
including any Affiliates. You may not issue any press release or make
any public statement related to the Services, or use our name,
trademarks or logo in any way (including in promotional material)
without our advance written permission, or misrepresent or embellish
the relationship between us in any way.
SoOLEGAL
shall keep all information furnished by you including your personal
data, banking information, matters due to which you are seeking
professional service and any sensitive information in confidentiality
at all times. There shall be no misuse of any Confidential
Information provided by you to SoOLEGAL.
Relationship
of Parties
You
and SoOLEGAL Registered Users/ Professionals are in tandem through
SoOLEGAL for your professional service and SoOLEGAL shall not be
involved in any dispute between you or your advisor. Nothing in this
document will be construed to create a partnership, joint venture,
association of persons, agency, franchise, sales representative, or
employment relationship between you and SoOLEGAL
Modification
We
may amend any of the terms and conditions contained in this document
(including the Service Terms and Program Policies) at any time and
solely at our discretion.
Password
Security
Any
password we provide to you may be used only during the Term to access
Your Account or REGISTERED USER Account, respectively, (or other
tools we provide) to use the Service, electronically accept Your
Transactions, and review your completed transactions. You are solely
responsible for maintaining the security of your password. You may
not disclose your password to any third party (other than third
parties authorized by you to use Your Account in accordance with this
Agreement) and are solely responsible for any use of or action taken
under your password. If your password is compromised, you must
immediately change your password.
Miscellaneous
The
Terms and Conditions are as per the prevalent Laws of India and any
dispute regarding these terms, shall be referred to applicable laws
of India or the Convention on Contracts for the International Sale of
Goods. The exclusive jurisdiction will be with the courts at New
Delhi regarding any dispute with SoOLEGAL relating in any way to the
Terms and Conditions or your use of the Services. You may not
transfer or assign all or any portion of this Agreement, by operation
of law or otherwise, without our prior written consent. Subject to
that restriction, this Agreement will be binding on, inure to, and be
enforceable against you and your respective successors and assigns or
affiliates, associates. We may perform any of our obligations or
exercise any of our rights under this Agreement through one or more
of our Affiliates. Our failure to enforce your strict performance of
any provision of this Agreement will not constitute a waiver of our
right to enforce such provision or any other provision of this
Agreement subsequently.
SoOLEGAL
retains the right to immediately halt any transaction, prevent or
restrict access to the Services or take any other action to restrict
access to or availability of any inaccurate listing, any
inappropriately categorized items, any unlawful items, or any items
otherwise prohibited by the applicable Program Policies.
The
authentic language of this Agreement and subsidiary or associated
documentation shall be English and any translations provided are for
convenience only. In the event of any conflict or difference in
interpretation between the English language version of this Agreement
and subsidiary or associated documentation and any translation of
them, the English language version and interpretation shall prevail.
You agree we may communicate with you in English during the Term of
this Agreement.
You
agree that we may, in our sole discretion, disclose or make available
any information provided or submitted by you or related to your
participation under this Agreement (including information regarding
Your Documents or Your Transactions) to any judicial, quasi-judicial,
governmental, regulatory or any other authority as may be required by
us to co-operate and / or comply with any of their orders,
instructions or directions or to fulfill any requirements under
applicable Laws.
You
hereby accept the applicable Service Terms and the applicable Program
Policies, which SoOLEGAL may modify from time to time. In the event
of any conflicts between the Program Policies and this Agreement, the
Program Policies will prevail. This Agreement represents the entire
agreement between the parties with respect to the Services and
related subject matter described herein and supersedes any previous
or contemporaneous oral or written agreements and understandings.
You
accept these Terms and Conditions by clicking the Agree button.
Image courtesy: Lawstreet Journal Judiciary
On Tuesday (August 31, 2021), nine new judges, including three women, were administered the oath of office at the Supreme Court. The Chief Justice of India, N.V. Ramana, read out the oath of allegiance of the constitution to the new judges, thereby raising the strength of the Apex Court’s staff to 33.
The occasion is historical since it is the first time that as many as nine judges have been sworn into the Supreme Court in one go. Similarly, it is also the first time that the Apex Court allowed a live telecast of the ceremony, which was held in an auditorium at the court’s new annex complex.
In addition to the above, Justice C T Ravikumar, Justice M M Sundresh, Justice Bela M Trivedi, and senior advocate and former additional solicitor General P S Narsimha have also been administered oath by the CJI.
The names of the nine judges were recommended for elevation to the Supreme Court by the collegium on August 17, 2021, and approval on the same was received on August 26, 2021, at the hands… Continue Reading...
Tagged: Supreme Court of India