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The Phone Numbers of Over 40 Indian Journalists Hacked, Snooped & Put Under Surveillance. Forensic Tests Have Confirmed, As Per the Wire. The news has made a great upheaval in the mind of the people read more
The Phone Numbers of Over 40 Indian Journalists Hacked, Snooped & Put Under Surveillance. Forensic Tests Have Confirmed, As Per the Wire. The news has made a great upheaval in the mind of the people of India.
Now in India, Right of Privacy Is a Fundamental Right. There Are Section 5(2) Of Indian Telegraph Act and Section 69, 69a and 69 B Of Information Technology Act Which Provides Lawful Interception. One Enquiry Is Highly Required If the Allegation Is True. In this regard matters are pending before the Hon’ble Court of India praying for a Court monitored enquiry.
What is Lawful Interception:
· INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011.
· SECTION 69 OF IT ACT: POWER TO ISSUE DIRECTIONS FOR INTERCEPTION OR MONITORING OR DECRYPTION OF ANY INFORMATION THROUGH ANY COMPUTER RESOURCE.
· SECTION 69A OF IT ACT: POWER TO ISSUE DIRECTIONS FOR BLOCKING FOR PUBLIC ACCESS OF ANY INFORMATION THROUGH ANY COMPUTER RESOURCE.
· SECTION 69A OF IT ACT. Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security.
· INFORMATION TECHNOLOGY (PROCEDURE AND SAFEGUARD FOR MONITORING AND COLLECTING TRAFFIC DATA OR INFORMATION) RULES, 2009.
· The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
· Section 5 of Indian Telegraph Act : 5(2): On the occurrence of any public emergency, or in the interest of the public safety, the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order
· Rule 419A of the Indian Telegraph Rules
Maharashtra v. Bharat Shanti Lal Shah & others
In State of Maharashtra v. Bharat Shanti Lal Shah & others ((2008) 13 SCC 5) the Hon’ble Court observed “The interpretation of conversation though constitutes an invasion of an individual right to privacy but the said right can be curtailed in accordance with procedure validly established by law. Thus, what the Court is required to see is that the procedure itself must be fair, just and reasonable and non-arbitrary, fanciful or oppressive.”
In the present scenario, we Badly Need the Data Privacy Act That Is the Data Privacy Bill, 2019 Should Be Converted into Act at The Earliest.
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr Dhananjaya Y Chandrachud and M R Shah passed a #Judgment dated 20-07-2021 in the case of Sayyed Ayaz Ali v. Prakash G read more
The Hon’ble Bench of the #SupremeCourt in the case of the Project Director, National Highways No. 45 E and 220 National Highways Authority of India v M. Hakeem & Anr. [LL 2021 SC 311] vide its #Judgment read more
The #SupremeCourt has in a recent case of M/s Laureate Buildwell Pvt. Ltd. vs. Charanjeet Singh passed an Order 22-07-2021, where the Apex Court decided upon the issue of #nature and #relief of an #originalallottee read more
“Online Filing” of Consumer Complaint A Consumer is the backbone of the Indian Economy by purchasing the goods and services provided to them; therefore, it is necessary to protect their interests. read more
“Online Filing” of Consumer Complaint
A Consumer is the backbone of the Indian Economy by purchasing the goods and services provided to them; therefore, it is necessary to protect their interests. It is the right of the consumers to receive standard quality products. But in certain situations, these consumers become the victim of the profound deficiency of goods and services. Thus a Consumer Court was established under Consumer Protection Act, 1986 to provide timely and effective adjudication of disputes connected to Consumers. The Consumer Courts are formed at three levels: District, State, and National Level, depending upon the monetary valuation fixed by Law.
The Consumer Protection Act, 2019, got the presidential assent on 9th August 2019, and it came into effect from 20th July 2020, replacing the old Consumer Protection Act, 1986. For the speedy and effective disposal of consumer cases, the New Act introduced online filing of complaints and meditation proceedings.
Ø A consumer [The person who has purchased goods or has availed some services for personal use only in exchange for money]
Ø Voluntary consumer association Any registered association under the Companies Act, 1956, or under any other law
Ø One or more consumers who have the same interest
Ø In cases of death of a consumer, his legal heir or representative.
Ø The Central or the State Government
Step 1: Intimation via Notice
It is advisable for the aggrieved party to send a notice to the opposite party before filing a complaint to communicate the Complainant's intentions about the deficiency in service or defects in goods. This notice attempts to settle the dispute without approaching the court, i.e., if the opposite party is willing to offer any remedy for the damage caused.
Step 2: Draft the Consumer Complaint
If the opposite party provides no remedy, then a formal complaint is filed under the Consumer Protection Act, 1986. This step can even be done without a lawyer. These details must be specified in the formal Complaint:
Step 3: Attaching Relevant Documents
All the relevant documents and material evidence supporting the case must be attached. These documents may include:
A receipt of delivery, copy of the bill, Warranty/Guarantee certificates, record of online booking of the goods bought, packaging of a product, a copy of the written Complaint and notice sent to the seller/manufacturer.
Step 4: Appropriate Forum
Decide the forum in accordance with the pecuniary jurisdiction for filing the Complaint, which is estimated in reference to the total valuation of goods and services fixed by Law.
Step 5: Court Fees
The requisite Court fee has to be paid along with the Complaint filed depending on the forum. This fee depends on the value of goods bought and the amount of compensation sought.
Step 6: Submit an Affidavit
The Complainant also has to submit an affidavit in the Consumer Court. The affidavit must include the facts presented and the statements made by the consumer are true to his knowledge.
How to approach the District Consumer Forum?
Here, the Complaint can be made on a plain notarized paper and can be filed by a complainant or authorized agent. The Complainant needs to file four additional copies for each party. The requisite Court Fee is Nil for people holding Antyodaya Anna Yojana cards for valuation of suit upto 1 lakh and in other cases is Rs. 100. The court fee is Rs 200 for suits valued upto 5 lakhs, Rs 400 for suits valued upto 10 lakhs, and Rs. 500 for value upto Rs 20 lakhs. This fee has to be submitted through a demand draft to the President, Consumer Disputes Redressal Forum (name of) district.
How to approach the State Consumer Forum?
Here, the Complaint must be filed, deciding the pecuniary jurisdiction limit fixed by Law. The Court Fee is Rs 2,000 for complaints valued between Rs 20 lakhs and Rs 50 lakhs and is Rs 4,000 for value upto Rs 1 Crore. This fee is deposited via a demand draft in favour of the Registrar, (name of) State Commission payable in that particular State only.
How to approach the National Consumer Forum?
Here, the Complainant can either file a complaint directly, if it is within the pecuniary jurisdiction or file an appeal from the order of State Forum within 30 days of passing of the order. The requisite fee for filing a complaint is Rs 5,000, and the demand draft is to be made in the name of The Registrar, National Consumer Disputes Redressal Commission, but no fee is required for appealing before State or National Commission.
Complainant may approach the Supreme Court against the orders of the National Forum within a period of 30 days of the passing of the order.
The New Act of 2019 introduces the option of "Online Filing" of Consumer Complaint for speedy disposal of cases. The Institution of Consumer Complaint happens in a similar way as mentioned above, but everything is performed online:
Step 1: Issuance of Notice
This notice is sent to the opposite party before filing the formal Complaint.
Step 2: Determining the Jurisdiction
It is necessary to file the Complaint within the Pecuniary and Territorial Jurisdiction.
Step 3: Submission of Complaint
The Complainant can register complaints on https://consumerhelpline.gov.in/. Here, the Complaint can be submitted in the form of Writing or Online. The Complainant will receive his login credentials and then file the Complaint by filing in all the necessary details. He can even file through the Mobile App NCH, Umang or Consumer App.
Fees for the Complaint can be submitted through the online payment portal.
Step 4: Contents of the Complaint
The Complaint must contain all the necessary information attaching the relevant documents as discussed above.
Step 5: Limitation for filing Complaint/Appeal:
The Complainant must file the Complaint before the District Commission within two years from the date of the dispute. The appeal must be filed within forty-five days from the date of order of the District Commission before the State Commission. Further, an appeal to the National Commission must be made within thirty days from the date of the order from the lower forum.
The New Act of 2019 introduces an Alternative Dispute Resolution Mechanism for consumer cases' speedy and effective redressal.
The Initiation of Mediation Proceedings can be done if the commission is convinced that there is a probability of settlement of the dispute, then it can be sent to the Mediation Cell. This request can be made to District, State or National Commission mentioning the nature of the dispute, details of the parties involved, amount of dispute, relief sorted and Proposal for appointment of Mediator [Qualification, Language, experience, etc.]
The Consumer Courts have proved to be the finest ways to protect the interests of the consumers and provide them with a remedy by addressing their grievances. It is a very cost-effective and easy measure to file a complaint as compared to the other forms of litigation. The territorial jurisdiction plays an important role in deciding which district forum a consumer can approach. The Government has taken a huge step in speedily resolving consumers' grievances by introducing the online form of Complaint through the New Act of 2019. During the pandemic, this online measure can prove to be a very user friendly and productive procedure. The introduction of Alternative Dispute Resolution Mechanism through Mediation proceedings was a step towards achieving a peaceful settlement of dispute between the parties involved, which would have had a huge impact on both the service provider and the consumer in the long term. Therefore, this resolution mechanism through Mediation had saved the parties from the long, tedious procedure by helping them resolve the issue in the initial stage itself.
A Division Bench of the Hon’ble #HighCourt of #Delhi comprising of Chief Justice DN Patel and Justice Jyoti Singh issued a Notice on the plea seeking issuance of #guidelines or rules to be framed against read more
The Petitioner moved a Petition with the plea seeking appropriate guidelines/circulars/rules as to disclaimers being mandatory in the advertisement by Bitcoin Exchanges. The Petitioner further alleged that the advertisements that were given by Bitcoin Exchanges on television, while advertising with a slow voice over did not have adequate disclaimers that would enable the viewer to understand the content and the significance of the advertisement thereby misleading or causing confusion in the minds of the consumer.
A Two Judge Bench of J. Vipin Sanghi and J. Rekha Palli of the Hon’ble #DelhiHighCourt has passed a #Judgment dated 14-07-2021 in Centre for Aviation Policy, Safety and Research CAPSR vs Union of India read more
In this case, the Ministry of Civil Aviation, the Respondent No. 2 issued two Requests for Proposal, vide Tender ID 2020_AAI_54002_1 dated 15-04-2020 and Tender ID 2020_AAI_46811_1 dated 28-07-2020 (Tenders) for engaging agencies to provide Ground Handling Services at Groups C and D airports respectively. The Tenders broadly stipulated the following technical and financial eligibility criteria for the bidders.
Recently, the 3-Judge Bench of the Hon’ble #SupremeCourt in the case of the People’s Union for Civil Liberties (PUCL) vs. Union of India and others (2021), issued a notice to the Ministry of Home Affairs, read more
In this regard, recently, the Ministry of Home Affairs, Government of India (“MHA”) has issued an advisory to the Chief Secretaries and Director Generals of Police of all States vide Notification No. 21021/46/2016-1S-II/M dated 14-07-2021 (“Notification”). The Notification requested the Chief Secretaries and Director Generals of Police of all States, to direct all the police stations not to register cases under the repealed Section 66A of the IT Act. It further directed all the States and Union Territories to immediately withdraw all such cases that have been filed under Section 66A of the IT Act.
A Single Judge Bench of the Hon’ble #DelhiHighCourt (High Court) comprising of Justice Asha Menon passed a #Judgment dated 06-07-2021 in the case of Navayuga Bengalooru Tollway Pvt Ltd v. National Highways read more
The Apex court on July 14, 2021, stated that there is no evidential value of any chats or messages exchanged between people over WhatsApp. The court relied upon the statement ‘Popularity is not a read more
The Apex court on July 14, 2021, stated that there is no evidential value of any chats or messages exchanged between people over WhatsApp. The court relied upon the statement ‘Popularity is not a measure of reliability’ and specifically noted that the originator of any such chats or messages cannot be tied to them, in maters pertaining to partnership business administered by agreements.
"What is evidential value of WhatsApp messages these days? Anything can be created and deleted on social media these days. We don't attach any value to the WhatsApp messages," this above statement was made by the bench consisting of Chief Justice of India, N V Ramana and Justices Hrishikesh Roy and A S Bopanna.
The main issue relates to a Concession Agreement made on December 2,2016 between South Delhi Municipal Corporation and a combined corporate trust comprising A2Z Infraservices and other entity for the transportation and collection of waste materials. A2Z Infraservices further entered into another agreement with Quippo Infrastructure on April 28, 2017. The agreement stated that a part of the contracted work was to be carried out by the new company and all payments received by A2Z would be deposited in an escrow account from which further payments would be mate to other parties.
A2Z Infraservises on May 28,2020 terminated the contractual agreement, thus Quippo Infrastructures moved the Calcutta HC on September 14,2020 for appointment of arbitral panel. On January 14, 2021 the respective parties agreed on an arbitrator to solve the issue relating to the contractual agreement between them.
While hearing the matter, a single bench judge of Calcutta HC was informed by the Quippo’s counsel about a WhatsApp chat of March 19,2020 where A2Z admitted that a payment of Rs 8.18 crore still due to Quippo. An email from the year 2018 was also showed by the counsel which clearly displayed A2z’s willingness in depositing all monies received from SDMC in an escrow account. Even though A2Z informed the high court on their behalf that the messages resented were fabricated and forged the bench directed, to deposit all receivables from South Delhi Municipal Corporation with regards to Master Service Agreement in the escrow account, also subjected to arbitral award by the arbitral tribunal.
Senior advocate Ranjit Kumar on behalf of A2Z narrated to the Supreme Court that the agreement got terminated earlier and the dispute was referred for arbitration, but still the high court asked to deposit all receivables from SDMC to the escrow account. The contention made by the counsel was that the high court should not only believe a WhatsApp message which was proved to be fabricated earlier, thus his client was not liable to pay workers engaged in Delhi’s solid waste collection.
Ritin Rai, senior advocate on behalf of Quippo told the court that according to the agreement and for equitable distribution the escrow account was created between the parties. Although the bench led by CJI Ramana observed that for what reason even after termination of agreement one party should deposit money in the escrow account also taking into account that the matter was already referred to the arbitrator.
The bench added, that prima facie it was not satisfied with the directions given by high court regarding the deposition of money in the escrow account. The purported messages over WhatsApp in question was not considered by the bench and directed the parties to go before an arbitrator as they will be bound to receive some kind of arbitral award.
However, since Quippo stood persistent on its stand, a notice was issued by the bench asking them to file a reply for the petition filed by A2Z.
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SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
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S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
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5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
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S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
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S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
Category and Documents/ Advice Restrictions
Certain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos).
SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list.
For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL.
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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