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Facing a lawsuit? Going through a divorce? Experiencing discrimination in the workplace? Launching a startup? In any of these situations or others that requires legal assistance, you may possibly consider read more
Facing a lawsuit? Going
through a divorce? Experiencing discrimination in the workplace? Launching a
startup? In any of these situations or others that requires legal assistance,
you may possibly consider hiring a lawyer to represent your interests.
But, you don’t
necessarily need to hire a lawyer to get the needed legal support. Especially,
at times, when you don’t have a lot of time to find and visit advocates in your
area, you can consult a lawyer online to get legal advice about your particular
case.
Here’s
why you should consider consulting a lawyer online:
How
to consult a lawyer online?
So, once you are
convinced about opting for online legal consultation, here are a few key tips
to help you know how you can consult a lawyer online:
In big law firms, partners traditionally bring in the work; senior associates manage the work; and junior associates do the work. When new partners are promoted they must acquire a whole new skillset. read more
In big law firms, partners traditionally bring in the work; senior associates manage the work; and junior associates do the work. When new partners are promoted they must acquire a whole new skillset. They have to market themselves and build client relationships without really knowing how, as this was not part of their job before they were promoted.
We oversimplify of course, but not enough firms focus on the development of skills needed to build client relationships. Perhaps it is not consistent with a business model to invest in that development. But for many firms it is imperative that they invest in inter-generational excellence and train young lawyers to focus on what lies ahead. In the 21st century, no one can take client loyalty for granted; we have to earn it continuously.
Of equal importance, junior lawyers should not wait until they are up for partnership before going out and building business. With this in mind, here are 10 tips for junior lawyers that should assist in laying the foundation of a successful practice.
Play the long game
Client relationships are at the heart of any thriving practice. Obviously, everything we do stands and falls with the quality of our work product, but those are table stakes. It is what gets you through the door in a major firm. What distinguishes a commercially successful partner is that they can couple this technical ability with relationships to clients who appreciate it (and are willing to pay for it). Clients want lawyers who show that they understand their business and listen carefully to their needs.
Client relationships, like all relationships, take time to build. We cannot bank on being given work by someone who does not know us. As one senior partner put it: ‘Much of my business comes from people I met when I was a student.’
So if you are a junior associate reading this, now is the perfect time to make the connections that will be the core of your client base. For example, many of the people you went to law school with will wind up as in-house counsel. The biggest source of work for major firms, by a wide margin, is in-house lawyers. So maintaining the relationships you have in your peer group now will be an invaluable asset later on in your career.
Keep in touch with these people. It is much easier to keep relationships going than to re-establish them once you have lost contact. Keeping in touch is not difficult, once you get into the habit. There is no ‘right’ way of doing it. Personally, we swear by an up-to-date address book. And we contact each person in that book at least once a year. We write a lot of holiday cards and personal notes.
Be tenacious
You have made a start, reached out to all of your contacts in the legal world and pushed your firm. But no work comes in. You pitch for a deal or a case and you are rejected. The instinctive reaction would be to give up. Don’t.
To build business you will have to be able to metabolise failure. Not everyone you approach will give you work. And those who do will usually take a long time to get to know you before they trust you with their legal issues. A sales consultant reported that on average it takes eight meetings or ‘client touches’ to generate one sale.
So persistence is key. It is crucial that you do not just stop part-way through the relationship-building process. This mistake is made more commonly than you might think. A general counsel once complained that lawyers will contact her, establish a relationship, take her out to lunch and then, just when she is ready to instruct them, stop getting in touch. She concluded that these lawyers did not authentically care about the client, but cared more about bringing in business.
Share
The days of ‘silos’, of partners viewing client contacts as personal property, are over. Modern law firms can only thrive as collaborative enterprises. If your law firm has not cottoned on to this fact, there is something seriously wrong with the way it is run, or it is being built without sufficient regard for intergenerational success.
So embed your business development efforts as deeply as possible within your firm. Bring colleagues in on your relationships. Link your contacts with colleagues from other practice groups who have experience your contacts may need. This will strengthen your client’s relationship with your firm and thus with you. And it will boost your standing within the firm, which is a huge factor in career progression, especially at the junior end. So by helping others in your firm build business, you will help yourself. If that is not true, you are at the wrong firm. It is that simple.
Be proactive
A good lawyer meets their client’s needs; a great lawyer anticipates them. Do not wait for contacts to come to you with a problem. Identify their potential problems before they arise and point them towards solutions – something known in management studies as ‘active cross-selling’. Clients appreciate this sort of service. For example, one of us has a client who recently put up a new website and was grateful when we suggested that she may need terms of use and a privacy policy, and also introduced her to a IP lawyer in our firm who could draft them for her.
This does not only apply to your own contacts. Look out for cross-selling opportunities in relation to your firm’s existing clients. As a junior associate, you will often be better placed to do this than partners.
Know what you are selling and to whom
Generic sales pitches are rarely successful. To spot cross-selling opportunities you need to match a client’s particular needs to the particular strengths of your firm. In other words, know your client’s business. Read their public filings. Also, know your firm. Introduce your clients to what your firm does well authentically and build a relationship of trust from that starting point.
This sounds trite but it is harder than you think, especially when it comes to your own firm. Major law firms today are often huge. Our firm, for instance, has more than 2,000 lawyers across 46 offices with experience in a vast number of practice areas and types of deals and disputes. It takes effort to keep on top of what the firm does and does not do; what it is good at; how it operates. So absorb as much information about your firm as possible. Read up on it and follow it in the legal press, for instance. And do not ignore those internal update emails we all get (tempting though that sometimes may be).
Learn from others
Business development is like any other aspect of our job: to get good at it, you have to learn the ropes. You can teach yourself, of course, but in our experience it is much better (and more rewarding) to learn from those who are good at it already. So identify potential mentors: partners who you know have a strong business focus. Also reach out to your firm’s business development support team (they are extremely useful people to get to know). Explain to them that this is something you are interested in and ask them how they do it. Many senior people like to be asked for advice (it is flattering), so they will be happy to teach you the tricks of the trade.
An even better way of tapping into the knowhow of colleagues is to help them with their business development. For instance, if you know that a colleague is about to pitch for a deal or deliver a seminar to clients, offer to lend a hand with the presentation slides. They will be glad to have some help and you will get a real-life insight into the process.
Network
Few lawyers can build a sustainable practice solely on the basis of the contacts they made at school and university (vitally important though they are). Expanding your network is a must. That is why we make a point of mingling with potential clients on a regular basis (at least every couple of weeks). We attend a seminar, client party or drinks event, even if we would rather go home after work.
Bear in mind a few rules. One, it takes time to build relationships. Never go to an event expecting to get work. View these things as merely the first step. Following up with new contacts and establishing a real relationship is just as important.
Two, be relaxed about networking. If you go to a social event consumed by the thought you ‘must get business’, people you talk to will pick up on it. ‘New age’ though this might sound, you need to send out the vibe that you actually enjoy people’s company.
Three, you are likely to be able to generate business from many sources. So think outside the box in terms of the contacts you make. Seminars to do with your chosen field and membership in specialist organisations are a great way to expand your network, but so is being active in the alumni association of your university or sports club, and a vast number of other places besides. Some of us have had great success by involvement in charitable or community service efforts. When clients see you passionately fighting for a cause, they may want to enlist that passion in other endeavours.
Remember: colleagues are clients too
Law firms usually have a confederate structure, with partners enjoying a good deal of autonomy. Much of our work comes in through individual partners and teams, and whoever brings in the work will have a big say in how it is allocated.
They, like external clients, often turn to people they know. In a very real sense, therefore, colleagues are also clients. It is important to build and maintain a network within your firm. As today’s law firms can be so large, not even partners have guaranteed name recognition throughout the network without making an effort.
So treat colleagues in other practice groups and offices just like you would a potential client. Try to get to know them; keep in touch; make it known you are available to help; assist them with identifying new opportunities. In short, be as helpful as possible.
Do not think you are too busy
It is natural to think ‘I’ll leave the business development stuff for when I have a bit of spare time’. However, it does not work that way.
There is no denying it: the busier we are, the more value we add to our firm. As a result, for many lawyers (including the authors), how busy we are directly affects how well we think we are doing our jobs.
We are best when we are confident. That is more true of business development than pretty much any other aspect of lawyering: to sell your services, you have to be convinced they are worth buying.
So the best time to make an effort to network, build relationships and pitch for work is when we already have lots of work. Of course there is a cut-off point beyond which you are just too busy. But apart from that, we have found that this is an astonishingly accurate rule of thumb.
And finally…
We both enjoy the business development part of our job. We suspect that, like projecting self-confidence, this is a vital ingredient of success. It is possible to be good at parts of this job you do not like. For example, it is difficult to enjoy the disclosure stage of litigation, but it is far less difficult to excel at it. It is much harder to imagine being a successful business generator if you do not enjoy generating business.
So try to have fun. Enjoy connecting with people, enjoy learning about new areas of business and the law and do not be discouraged or change your perspective if your new strategies do not reap immediate rewards.
By Craig Budner and Hendrik Puschmann a senior associate at K&L Gates
In this Diwali season, there’s something more to cheer about India and its economy.The Ease of Doing Business Report 2019 (‘Report’) released by the World Bank manifests India’s massive jump in the rankings read more
In this Diwali season, there’s something more to cheer about India and its economy.
The Ease of Doing Business Report 2019 (‘Report’) released by the World Bank manifests India’s massive jump in the rankings by securing 77th rank as against 100th rank in the last year’s report. On the points indicator, India has improved the scoring to 67.23 from 60.76 last year.
The World Bank compiles this report based on the assessment of countries’ performance on ten parameters (Starting a business, Protection of minority investors, Trading across borders, Registering Property, Enforcing contracts, resolving insolvency, Tax payments, Dealing with construction permits, Getting electricity and Getting credit).
Apart from registering its best rank in the ‘Ease of Doing Business’ index so far - India has also become highest ranked nation in South Asian nations dethroning Bhutan. After India, even Afghanistan has made tremendous progression amid south Asian nations.
For the second year running, India has also emerged as one of the top ten improvers in the world as a result of the constant improvement shown by India in six parameters out of ten. In relation to seven out of these parameters, India has moved close to international best practices.
During the period (2008-2017), India stood around the 130th rank. It was only last year that India breached the 100th barrier by reaching 100th rank in the Ease of Doing Business Index
India’s ranking progress during the last ten years period is as under:
2008 – 132
2009 – 133
2010 – 139
2011 – 132
2012 – 131
2013 – 134
2014 – 134
2015 – 131
2016 – 131
2017 – 130
2018 – 100
2019 – 77
This progress is the reflection of the constant efforts placed by the central government in developing the nation into a friendly hub for regional and international investors to make investments via certain outstanding reforms in business sector.
The following factors, inter alia, have immensely assisted India in improvising its rank in the Report:
·Enforcement of several economic reforms (Goods and Services Tax (GST), Insolvency and Bankruptcy Code (IBC), Labour law reforms, Electronic trade documentation etc.)
·Simplification of payment process of taxes by introducing a single indirect tax (GST) via replacing various indirect taxes.
·Reduction of corporate tax rate for small businesses constituting a major chunk of assessees.
·With the assistance of IBC law lenders will be able to recuperate bad loans worth more than 1 lakh crore.
·Containers electronic sealing, port infrastructure up-gradation and processing of electronic documents with digital signatories has resulted in time and cost reduction associated with trade.
·Organized process for procuring building permit – Accessibility and availability of the electricity on faster and cheaper basis.
·Certain reforms implemented in the Delhi and Mumbai metro cities.
The latest ranking of India in the Report will certainly facilitate the nation to attract more investments from foreign investors as well as regional investors.
So far, so good. However, the central government must focus on improving more areas along with sustaining the progress/momentum accomplished so far to go further in such rankings as well as the perception on the ground in coming years.
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The #MeToo movement has created quite a stir across the Indian entertainment and media industry. The year-old movement that has long failed to take root in India has today become one of the most important read more
The #MeToo movement has
created quite a stir across the Indian entertainment and media industry. The
year-old movement that has long failed to take root in India has today become
one of the most important conversations to come out of 2018 so far.
But are the accusations
under the #MeToo campaign — mostly expressed on the social media sites —
legally viable?
In this connection, Advocate
and cyber law expert, Pavan Duggal, stress that the evidence found on social
media sites is acceptable in court, but it needs to be attested by someone who
is seeking to present it as evidence.
“As long as a certificate is produced, along with such evidence that
verifies its authenticity, it is admissible in court as evidence, and is at par
with any other kind of physical evidence,” advocate Duggal says. He further
says that considering that “matter (evidence)
can also be erased from these sites, it is important for stakeholders to
capture it, either as a physical copy or a digital one, at the appropriate time.”
Also, sharing her views
on the #MeToo movement, Karuna Nundy one of the India’s recognized champions of
women’s rights and Supreme Court lawyer says that a victim of sexual harassment
must preserve the messages and pictures, if any, as proof of their allegations on
the original device it was sent to. However, lawyer Nundy also says that one
should garner enough support in the workplace before making allegations against
the harasser.
Nundy also added that the
victims of sexual harassment can opt for three legal options to get justice.
The three options are:
Another lawyer, Rutuja
Shinde, while talking about the legal viability of the sexual assault claims
stresses that a victim who gets slapped with a defamation case may want to back
out from the battle and may consider out-of-court-settlement. But if they do, it
would be best to respond to the defamation charge and that can be done by having
the right lawyers on your side, who are ready to offer general legal
counselling and services – to help those who are raising their voice against
their harassers.
Diamond Industry - Loss of jobs About 20% of Surat’s diamond workers — nearly one lakh people — could lose their jobs over the next six months, Economic Times reports. The reasons range from the government’s read more
Diamond Industry - Loss of jobs
About 20% of Surat’s diamond workers — nearly one lakh people — could lose their jobs over the next six months, Economic Times reports. The reasons range from the government’s recent move to raise import duty on diamonds and tighter norms for getting loans to the rupee devaluation. “A lot of diamonds which used to come to India for re-cutting are now being shipped to China and Thailand,” said Colin Shah of Gem & Jewellery Export Promotion Council. India’s diamond imports fell 32% in the first six months of FY19 to ₹5,289 crore.
The director of the National Research Centre on Litchi confirmed that Bihar’s Shahi Litchi has successfully bagged the Geographical Indication (GI) tag and has added to the glory of Bihar after Katrani read more
The director of the National Research Centre on Litchi confirmed that Bihar’s Shahi Litchi has successfully bagged the Geographical Indication (GI) tag and has added to the glory of Bihar after Katrani rice, Jardalu mango and Magahi paan (betel vine). All these products now have the GI tag which indicates that the product possesses certain qualities and are made using traditional methods, thus adding to its reputation. The victory came a year after the efforts began to get the registration.
The renowned Shahi Litchi of Bihar is known for its mouth-watering taste and distinct flavour all over the country and is grown mostly in Muzaffarpur and neighbouring districts including East Champaran, Vaishali, Samastipur and Begusarai.The GI tag would lead to a boost in the Litchi’s demand and would also allow a particular region to possess an exclusive claim on the product and offer better quality assurance.
Mr. Bachcha Prasad Singh, President of Litchi Growers Association of Bihar said that GI registration was done under the name of Litchi Growers Association of Bihar who had applied for the tag as well. He further stated, “The tag will put an effective check on litchi growers of other states like Bengal, Uttarakhand and Punjab, who have been selling their products as Shahi Litchi. Now, Bihar litchi growers will get exclusive right to market Shahi litchi and it will definitely help them get better a price for their product.” The certificate issued to them read, “Certified that the Geographical Indication has been registered in the register in the name of Litchi Growers Association of Bihar, Muzaffarpur, Bihar,”
Data localization is the prospect of physical data storage and preservation within the borders of a specific country where the data is generated.In an attempt to keep a track of all the data related to read more
Data localization is the prospect of physical data storage and preservation within the borders of a specific country where the data is generated.
In an attempt to keep a track of all the data related to the regional transactions of all companies - the Reserve Bank of India (RBI) has made it mandatory for the companies conducting business in India to preserve and maintain all the data related to the transactions contemplated in the country via ‘Data Localization’ directive.
However, it seems that the RBI decision of ‘Data Localization’ did not go well with certain national and international companies – accordingly, these companies have raised objections to ‘Data Localization’ directives and are asking for easing these norms.
These companies are of the opinion that the enforcement of ‘Data Localization’ directive will enhance their infrastructure costs, disrupt the global fraud detection analytic platforms and impinge on planned investments in India.
Requests are received by the RBI from certain international payment companies to ease the data storage directive (mandatory local storage within India of all domestic payment transactions).
The RBI is keen on implementing the ‘Data Localization’ directive without extending the existing deadline (October 15, 2018) or permit the data storage both locally and offshore (Data Mirroring).
A team of United States senators’ has urged the central government to soften the ‘Data Localization’ directive to facilitate free flow of data across borders and have expressed concerns over the data protection law and e-commerce policy.
The team is of the opinion that the ‘Data localization’ as a fundamental issue in the digital trade development and crucial prospect in influencing the India-United States economic partnership.
The team has suggested that all the data access, data protection and data security concerns can be resolved without imposing the restriction on the location of the data storage.
Apart from the ‘Data localization’, the central government is focusing on developing and enforcing certain other policies (Overarching data protection law, e-commerce policy and cloud computing polices).
RBI’s tough stand is based on Indian data experts’ views that the proposed measures are crucial for the long-term strategic and economic interest of the country.
Absence of these data laws and directives make it highly difficult for Indian investigation authorities to get first hand information related to the investigation taking place in India as foreign authorities won’t grant access to Indian authorities to data stored on foreign soil.
Given the string of high profile frauds in the country recently, these data laws and directives will facilitate the Indian authorities to gain instant access to the data stored in India in relation to any investigation conducted by the government or regulatory authority.
Following the Facebook's Cambridge Analytic scandal all the major world countries including India are imposing stern data protection rules in relation to regulation of data storage and data protection.
As there is an upsurge in the data breach and fraud/scam cases in India the central government efforts to establish stern data laws and directives is the need of the hour.
Strict enforcement of the data laws and directives will assist the nation to fortify the data storage and security contrivance at the national front to combat the risks and challenges associated with the data breach and facilitate the investigative authorities to have a seamless access to the data relating to frauds.
You want to found an association and become the leader? It is very important to find out about your future liability regime. In certain circumstances, your liability may be incurred and thus read more
You want to found an association and become the
leader? It is very important to find out about your future liability
regime.
In certain circumstances, your liability may be incurred and thus harm your
association and reputation. Find all our explanations.
The
civil liability of association leaders
Association leaders are mandataries within the meaning of Article 1984 of the Civil Code dating from 1804:
"Mandate or Power of Attorney is an act by which one person gives another the power to do something for the principal and on his behalf.
The contract is formed only by the acceptance of the agent. "
As such, they must answer for faults committed during their management and this in accordance with article 1992 of the civil code also dating from the creation of said code in 1804:
"The agent answers not only the fraud, but also the mistakes he makes in his management.
Nevertheless, the responsibility for mistakes is applied less rigorously to those whose mandate is free than to those who receive a salary."
Specifically, the civil liability of an association leader can be engaged by his association, through its members, as long as it is possible to prove a management fault personally attributable to the leader.
The management fault corresponds to any breach of the laws and regulations in force and the statutory provisions of the association. As a reminder, the statutes are a mandatory document to define the main rules of operation and organization of an association.
In the case of third parties, ie persons outside the association: the manager is only personally liable for damage caused by detachable acts of his duties.
In short, any act performed by the manager outside the social object of the association or representing an overrun of its functions is likely to jeopardize its civil liability.
Conversely, where harm is caused by the act of a leader but that act falls within the scope of the associative object or within the limits of its functions, it is the delictual responsibility of the association which can be engaged and not that of the leader.
Criminal liability
of association leaders
Be aware that the criminal liability of association leaders may also be incurred, in particular for all offenses committed in matters of internal administration of the association but also when the leaders have committed acts of an offense and if they are not deemed to have been committed on behalf of the association.
In the case of unintentional misdemeanors or contraventions, the association executive is personally liable in case of misconduct (for example for manifest violation of legal or regulatory security requirements that have resulted in damage, for example).
A distinction must be made between the responsibility of the association and that of its leaders. Thus, if the fault is caused by a member for the purpose of serving the association, the criminal responsibility of the association can be engaged.
However, if the fault is caused by a member for the purpose of serving his personal interest, it is the criminal responsibility of that member that is at stake.
The
financial responsibility of association leaders
If you are an association executive and you want to avoid having your liability incurred, you must scrupulously respect your tax obligations. Thus, if you rent a room, you must pay a housing tax and if you employ employees, you will have to pay a tax on wages.
In principle, association officers are not liable for the debts of their association except in tax matters, in case of reorganization or liquidation or in case of bonding.
Be aware that if you make a bond of one or more obligations of your association and that it is not able to fulfill them, your responsibility can then be committed. Finally, if you are a volunteer association leader, there is no legal difference in your favor; it still remains to the sovereign appreciation of the judges of the bottom, your responsibility may be less rigorously committed.
Towards an
extension of the negligence exception to association leaders?
It should be noted that a law proposal by Sylvain Waserman for associative involvement was tabled on April 4, 2018 for the following reasons:
"In the current state of the law, the financial responsibility of the volunteer leader of an association is likely to be incurred with heavy personal consequences, even in the case of simple negligence. Courts have a discretionary power both on the basis of the conviction and the amount of the sentence. It is therefore the sole power of the judge to consider whether or not the volunteer nature to apply less rigorously responsibility to the volunteer leaders.
The volunteer leader of an association thus incurs liability if he has committed one or more management mistakes that led to the creation of a shortfall of assets. He may have to personally bear all or part of the debts, even though his assets are distinct from those of the association.
The penalty, which is of a pecuniary nature, is the condemnation of the fulfillment of the liabilities governed by Article L. 651-2 of the Commercial Code. The president of an association can not take advantage of the fact that the association is of general interest to exonerate itself of its responsibility within the framework of an action in filling of liabilities.
Moreover, article 146 of the law n ° 2016-1691 of December 9th, 2016 (known as "Loi Sapin 2") frames the fault of management by excluding the cases of simple negligence in "the management of the company". It therefore appears that only the company executive benefits from this "negligence exception", and not the association executive. "
This bill was passed unanimously by the National Assembly on May 17, 2018 and transmitted to the Senate on the same date. If this bill was passed by the Chamber of Deputies, it would thus extend the exception of negligence to association leaders, which since 2016 only exempted the company directors in case of insufficient assets.
The risk of a special fine personally weighing on the leaders of certain associations receiving public subsidies
It is worth remembering that pursuant to the provisions of Article L. 612-4 of the French Commercial Code, any association that has received, annually from public authorities or public establishments of an industrial and commercial nature, one or more cash grants whose overall amount exceeds a threshold set by decree, ie in the state € 153,000, must establish annual accounts including the following documents:
It should be known that the lack of production of these documents makes personally responsible association leaders on their own money. Indeed, paragraph three of Article L. 612-4 of the aforementioned Commercial Code states that the penalties provided for in Article L. 242-8 of the same Code are applicable to the leaders of the associations concerned who do not have prepare the three required documents annually. The penalty provided for and thus able to be imposed thus on the leaders of the association concerned is a fine of 9,000 euros.
Article L. 612-4 of the Commercial Code amended by Articles 60 and 78 of Law No. 2014-856 of 31 July 2014 on the social and solidarity economy:
"Any association which has received annual administrative authorities, within the meaning of Article 1 of the law of 12 April 2000, or public institutions of an industrial and commercial nature one or more cash grants whose total amount exceeds a threshold set by decree, must establish annual accounts including a balance sheet, an account result and an annex, the terms of which are laid down by decree. These associations must ensure, under conditions determined by decree in Council of State, the publicity of their annual accounts and the report of the auditor.
The same associations are required to appoint at least one auditor and a substitute.
The penalties provided for in Article L. 242-8 shall apply to the directors of the associations mentioned in the first paragraph of this article who have not drawn up a balance sheet, an income statement and an appendix each year.
At the request of any interested person, the president of the court, ruling in summary proceedings, may order under penalty of the leaders of any association mentioned in the first paragraph to ensure the publicity of the annual accounts and the report of the auditor. The president may, under the same conditions and for the same purpose, appoint a representative to carry out these formalities."
Article L. 242-8 of the Commercial Code amended by Article 3 of Ordinance No. 2000-916 of 19 September 2000 adjusting the value in euro of certain amounts expressed in francs in the legislative texts:
"Is punished by a fine of 9,000 euros the fact, for the president, the directors or the general managers of a public limited company, not to, for each exercise, draw up the inventory and establish annual accounts and a report of management."
However, even below this threshold of 153,000 euros, we recommend that the association leaders be very vigilant and put in place an internal device demonstrating in a transparent and very clear way the good use made of the public subsidy or subsidies. received.
"Prudence is the mother of securities". This proverb is fully applicable to association leaders, their responsibility being able to go very far and to heavily incur their heritage.
At this level, special attention must be paid by the association leaders at the level of insurance contracts to cover their liability for personal faults likely to cause significant harm to their association or third parties.
By Patrick Lingibé, Lawyer
The grey market consisting of fakes/counterfeits/lookalikes/ infringements, causes major loss in every sector of the industry, and the ripples are widespread to every strata of the economy. The most noticeable read more
The grey market consisting of fakes/counterfeits/lookalikes/
infringements, causes major loss in every sector of the industry, and the
ripples are widespread to every strata of the economy. The most noticeable
effects are centred on two parameters—lost sales of the manufacturer and effect
on public taxes-as most of the manufacturers in the grey zone do not pay the
requisite revenues. The figures that transpire in lieu of these are alarming.
An ICC-INTA study forecasts that the value of trade in
counterfeit and pirated goods could reach $991 Billion by 2022, going by the OECD/EUIPO’s
estimated projection of growth in import volumes and the ratio of customs
seizures to real imports.
While certain segments such as sportswear, fashion and
apparel goods are privileged to what is known as ‘ wilful counterfeiting’ in IP
parlance, the other members of the pie chart such as FMCG and pharmaceuticals stand vulnerable to
sinister grievances.
The luxury goods brands, up to a certain extent, count on
spurious products as a mildly sensational means of free marketing, and
understandably so- as the set of customers buying counterfeits from local
markets is unlikely to overlap with the set that can actually can afford
premium products.
However, the consumables and pharmaceuticals industry cannot
boast of such an advantage. While they are the most sensitive class of
products, they are also the most intruded, because of high mobility in the
market, sheer volume of sales, and a high turnover at relatively low cost.
The high reward- to-
risk ratio, extensive distribution networks and brand familiarity of the
unsuspecting customer, serves as added incentive for the flourishing
resemblances.
A recent study by ASSOCHAM (Associated
Chambers of Commerce and Industry of India) suggests that
fake/counterfeit/comparable drugs constitute US $ 4.25 billion of $ 14-17
billion market in the domestic drugs market in India. Other than the degrading
effect on the health of the population, this could also be a point of contention
for the rivals who resist India’s rise in pharmaceutical export.
In the Indian context, rural pockets are especially victims
of the consequences, where the consumers more often than not, fail to
distinguish the subtle change. The numbers being as high as 1/3 rd of each
category being faked amounting to 10-30% of loss in sales, many manufacturers
such as Hindustan Unilever have started their own faction of IP protection
resources.
However rather than compartmentalised workforces, IP
protection requires an open, integrated and pro-active mechanism.
he solution to this
problem could be CopyKitten. CopyKitten is the world’s first aggregator
platform for potential IP infringements. Though CopyKitten is still at a
nascent stage, currently hosts a growing database of 2000+ listed leads of IPR
violations for over 50 Multinational Brands. The CopyKitten network, active
globally, undertakes the tedious job of finding infringers and infringements
(even those who do not hold presence on the Web) and then bringing them to the
scope of the Internet.
The reports on the leads can be purchased for a nominal
cost, thus helping the brands to channelize their IP economies . The
conversions for every point in action and awareness could be huge, as the ICC-
INTA study suggests that a percentage point reduction in the intensity of
counterfeiting and piracy would reflect as $40-$50 Billion for the 35 OECD
countries.

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
DAYS
HOURS
MINUTES
SECONDS
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Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
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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.
Transacting on SoOLEGAL Service Terms:
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.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
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.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
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
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
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.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
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
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Category and Documents/ Advice RestrictionsCertain 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.
Time-sensitive information
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.
Misuse
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.
Reviews: Reviews
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 –
positive
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
remove reviews.
Prohibited Content
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.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
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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