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Kerela High Court :: Dishonour of cheque due to closure of bank account - Two different situations ::a)where a person after issuing a cheque to another, closes that account :: This situation, apart from read more
Kerela High Court :: Dishonour of cheque due to closure of bank account - Two different situations ::
a)where a person after issuing a cheque to another, closes that account :: This situation, apart from the fact that it may invite another offence, would certainly be an offence under Section 138 of the N.I Act
b)where a person after closing the account with the bank, manages to issue a cheque to another from that account he had already closed :: This situation deals with two totally different situations ::
(i)The account is being closed by the bank on the demand of the account holder himself and thereafter the account holder manages to issue a cheque to another from that account he had already closed :: In this case, it would be the offence of cheating, since the cheque was intentionally issued to the payee to cheat him with the knowledge that there was no live account. In that case, it would not be an offence under Section 138 of the N.I Act, since there was no live account at the time when the cheque is issued.
(ii)The bank on its own volition closes the account by itself, without the knowledge and consent of the account holder; say for example, by treating the account as a non-performing account, and without the knowledge that the account was closed by the bank, the account holder issues a cheque to another from that account :: In this case, it would not be an offence of cheating, since the cheque was issued bonafide by believing that the account remained alive; whereas, the dishonour of that cheque would invite an offence under Section 138 of the N.I Act.
Case:
V. Muralidharan Vs. V.A. Kumaran
SC :: in Satya Pal Anand Vs. State Of M.P. And Others :: There is no express provision in the Act of 1908 which empowers the Registrar to recall such registration. The fact whether the document was properly read more
SC :: in Satya Pal Anand Vs. State Of M.P. And Others :: There is no express provision in the Act of 1908 which empowers the Registrar to recall such registration. The fact whether the document was properly presented for registration cannot be reopened by the Registrar after its registration, the power of the Inspector General is limited to do superintendence of registration offices and make Rules in that behalf. Even the Inspector General has no power to cancel the registration of any document which has already been registered.
KERALA HIGH COURT(Full Bench)AbhulaseesVersusAbdumanaf[M.A.C.A. No. 2027 of 2011, decided on 22nd March, 2017] (i) Motor Vehicles Act, 1988, Section 166-Compensation - Loss of baby- Foetus read more
Section 3, sub-section 8 of Insolvency and Bankruptcy Code, 2016 (here in after also referred to as "the Code") defines "corporate debtor" as a corporate person who owes a debt to any person. Section read more
Section 3, sub-section 8 of Insolvency and Bankruptcy Code, 2016 (here in after also referred to as "the Code") defines "corporate debtor" as a corporate person who owes a debt to any person. Section 3 sub-section 7 defines "corporate person" as a company as defined in clause (20) of section 2 of the Companies Act, 2013, a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008, or any other person incorporated with limited liability under any law for the time being in force but shall not include any financial service provider. Sub-section (8) of Section 5 of the Code defines "financial debt" and it's clause (i) includes ‘the amount of any liability in respect of any of the guarantee for any of the items referred to in sub-clauses (a) to (h) of the sub-section 8' as a financial debt. Hence, where the Principal Borrower borrowed money from the Creditor against the payment of interest by executing the Loan Agreement, Mortgage Deeds etc. And for such loan transaction, another Company stood as a Guarantor, then such a Guarantor Company shall be under a legal obligation to repay the loan amount borrowed from the Principal Borrower. Therefore, the amount due to the Financial Creditor from the Principal Borrower is a financial debt and as the other company stood as a Guarantor for the financial debt, then such a guarantor company shall be treated as a Corporate Debtor because the financial debt is due from it also to the Financial Creditor.
It is a settled law (United Bank Of India vs Satyawati Tondon & Ors) that liability of the Guarantor is co-extensive with that of the Principal Borrower. It is for the Creditor to choose against whom he wants to proceed. There is no bar in the Law which prevents any Creditor to proceed both against the Principal Borrower and Guarantor. Creditor can demand the payment directly from the Guarantor or can demand from both the principle borrower and corporate Debtor.
NCLAT, in Company Appeal (AT) (Insolvency) No. 1 & 2 of 2017, vide order dated 17.01.2017, in the matter of Innoventive Industries Ltd. v. ICICI Bank, has held that in an application filed by the Financial Creditor under Section 7 for initiation Corporation Insolvency Resolution Process, the Adjudicating Authority is required to satisfy ::
(a) Whether a default has occurred;
(b) Whether an application is complete; and
(c) Whether any disciplinary proceeding is against the Proposed Insolvency Resolution Professional.
Hence, where the Borrower Company committed a default in repayment of the outstanding amount, and the Application is complete in all respects, and no disciplinary proceeding is pending against the proposed Interim Resolution Professional, then an Application filed by the Financial Creditor under section 7 of the Code against the Guarantor Company should be admitted by Adjudicating Authority.
SC :: Limitation can't be circumvented by resorting to S. 319 of CrPC in cheque bouncing cases.The question whether the respondent had sufficient cause for not filing the complaint against DAKSHIN within read more
SC :: Limitation can't be circumvented by resorting to S. 319 of CrPC in cheque bouncing cases.
The question whether the respondent had sufficient cause for not filing the complaint against DAKSHIN within the period prescribed under THE NEGOTIABLE ACT is not examined by either of the courts below. As rightly pointed out, the application, which is the subject matter of the instant appeal purportedly filed invoking Section 319 CrPC, is only a device by which the respondent seeks to initiate prosecution against DAKSHIN beyond the period of limitation stipulated under the Negotiable Instruments Act.
Case:
N. Harihara Krishna Vs. J. Thomas.
Citation:
2017 (8) Supreme 674.
Liabilities of Independent Directors and Non-Executive Directors under Section 138 of the Negotiable Instruments Act, 1881. We would like read more
Liabilities of Independent Directors and
Non-Executive Directors under Section 138 of the Negotiable Instruments Act,
1881.
We would
like to start by examining the provisions of the Negotiable Instruments Act,
1881 (hereinafter referred to as "the act"). Per the maxim
"generalia specialibus non
derogant" the provisions of this act will supersede the
provisions of the Code of Criminal Procedure, 1973. However, the Indian Penal
Code, 1860 (hereinafter referred to as "the IPC"), being a
penal statute, concurrent charges may be framed under both acts.
The
Directors stand
in a
fiduciary position with the company and are
expected to manage the affairs of the company in a manner beneficial tothe interest of the company and its stakeholder. Director’s
liability arisesbecause of their position as agents or officers of the Company as also for being in
the position of trustees
or having fiduciary relation with theCompany
or its shareholders. Nonexecutive directors
(NEDs) or independent directors (IDs) are those not charged with the
day to day affairs and
management of the
company and are
usually involved in the planning and decision making activities.
The concept of Independent Directors
has assumed great significance due to various corporate frauds which have been
unveiled in the recent past. Regulation
17 of the SEBI (Listing Obligations & Disclosure Requirements) Regulations,
2015 mandates appointment of Independent Directors on the Board of Directors of
all the listed entities. The term “Independent Director” has been defined under
the Companies Act, 2013. The requirements prescribed under the Companies Act.
2013 seems to be much more stringent than that of SEBI (LODR) Regulations,
2015.
As per Section 2 (47) of the
Companies Act, 2013, “Independent Director” means and independent director
referred to in Sub Section (6) of Section 149 of the Companies Act, 2013.
Section 141
of the act talks about when a company commits the offence mentioned in Section
138. It very specifically deems every person who oversaw and was responsible to
the company for the conduct of its business to be deemed guilty.
However, if
the said act was committed without his knowledge then he will not be held under
this clause. A substantial point of difference between this and the provisions
of the IPC is that under Sections 34 and 149 of the IPC, an element of mens rea (being in furtherance
of common intention and in furtherance of common object respectively) is present which is absent as a
requirement in the provisions of the act. Section 141 only talks about
knowledge and not mens rea.
Under section 141 of the N I Act, apart from the
company itself, the following persons are deemed
to be guilty of the offence and shall be liable to be
proceeded against and punished:
·
Every person who at the time the offence was committed, was in
charge of and was responsible to the company for the conduct of
the business of the company;
·
Any Director, Manager, Secretary or other officer
of the company
with whose consent and connivance, the offence under section 138 had been committed;
·
Any Director, Manager, Secretary or other officer of the company whose negligence has attributed to the offence under section 138 being committed by the company
In Rohit
Chauhan Mehta v Gujarat State Fertilizer
Co.,the Gujarat High Court rejected the application made by the accusedfordropping
the proceedings initiated under section 141 of NI Act. The accused included the NEDs as well.
The learned counsel
appearing for the accused submitted that the whole body of directors of a
company cannot be said to be in charge of the
daytoday management
and running of the business of the
company and cannot be attributed knowledge of everyday working of the company and,
therefore, cannot be impleaded for prosecution.
The
application was rejected on the submissions of the learned counsel
representing the complainant that in view of the admitted well‐known
sickness of the accused company to
such an extent that its entire networth was
wiped out and it was declared sick by the B.I.F.R. In the year 1993, it was not
open for the directors to contend that the cheques to the tune of Rs.5
crores could have been issued against supply of raw materials without
the knowledge, consent
and
connivance of the board ofdirectors.
In S.M.S.
Pharmaceuticals Ltd. v. Neeta Bhalla and another, the question before
the Supreme Court in this case was whether liability under section 138 and 141 of the N I Act
arise on account
of holding office by the director as such. The Court held
that the conditions
contained in sec 141 are intended to ensure that a person who is sought to be made vicariously liable for an offence of
which the principal accused is the
Company, had a role to play in relaltion to the incirminating
act and further that such a person should
know what is attributed to him to make him liable.
The conclusion is inevitable that the liability arises on account of conduct,act
or omission on the part of a person and not merely on account of holding
an
office or a position in a company. Various HighCourts have also ruled on similar lines.
It has been commonly used as a
defence in these cases for the directors to state that they are non-executive
independent directors and hence they have no say in the day to day matters of
the company. (As used in Briji
Gopal Daga vs State of Kerala)
It has been held by a plethora of
cases that an independent director, by the very nature of his appointment, is
deemed not to have any knowledge of the day to day matters of the Company.
Coming back to Section 141 of the
act, a charge will also be framed by necessary implication on all persons
deemed to be involved in the day to day matters of the company. Hence, a plain
averment to the fact that the director is involved in the day to day matters of
the company should be enough to justify accusing him.
Per the Supreme Court in K.K. Ahuja vs V.K. Vora & Another,
the position under Section 141 of the act can be summarized thus:
(i) If the accused is the
Managing Director or a Joint Managing Director, it is not necessary to make an
averment in the complaint that he oversees, and is responsible to the company,
for the conduct of the business of the company. It is sufficient if an averment
is made that the accused was the Managing Director or Joint Managing Director
at the relevant time. This is because the prefix “Managing” to the word
“Director” makes it clear that they oversaw and are responsible to the company,
for the conduct of the business of the company.
(ii) In the case of a Director or
an officer of the company who signed the cheque on behalf of the company, there
is no need to make a specific averment that he oversaw and was responsible to
the company, for the conduct of the business of the company or make any
specific allegation about consent connivance or negligence. The very fact that
the dishonoured cheque was signed by him on behalf of the company, would give rise
to responsibility under sub-section (2) of Section 141 of the act.
(iii) In the case of a
Director, secretary or manager [as defined in Section 2(24) of the Companies
Act, 1956] or a person referred to in clauses (e) and (f) of Section 5 of
Companies Act, 1956, an averment in the complaint that he oversaw, and was
responsible to the company, for the conduct of the business of the company is
necessary to bring the case under Section 141(1) of the act. No further
averment would be necessary in the complaint, though some will be desirable.
They can also be made liable under Section 141(2) of the act by making
necessary averments relating to consent and connivance or negligence, in the
complaint, to bring the matter under that sub-section.
(iv) Other officers of a company
cannot be made liable under sub-section (1) of Section 141 of the act. Other
officers of a company can be made liable only under sub-section (2) of Section
141 of the act, by averring in the complaint their position and duties in the
company and their role regarding the issue and dishonour of the cheque,
disclosing consent, connivance or negligence.
A detailed scrutiny was also done
by the Supreme Court recently in Standard
Chartered Bank v Bank of Maharashtra which reflects the same. The
main issue is that the averments made in the complaint should be adequate for
the magistrate to issue process. This is automatically done if he is the
managing director or the signing director of the cheque. Otherwise in all other
cases, the accused should be said to oversee and responsible for the conduct of
the business of the company.
The best defence for a person in
such a case is to state that he was an independent director and had no
knowledge of the said cheque.
Comparing Section 141 of the act
with Sections 34 and 149 of the IPC, we can see that the vicarious liability
provisions are stricter in the act and, as mentioned above, the maxim of generalia specialibus non derogant will
apply here excluding the jurisdiction of sections 34 and 149 of the IPC.
Jaydeep Mehta
Designated
Partner
Lexstreet Advisors LLP
Advocates & Solicitors.
Mumbai / Gujarat & New Delhi
Email : jaydeep.mehta@outlook.com
Cell : +91 9824099514
“THE JOURNAL FOR INDIAN RESEARCHERS”THE JOURNAL FOR INDIAN RESEARCHERS 1ST NATIONAL ESSAY WRITING COMPETITION-2018The Journal for Indian Researchers in association with the members of various schools read more
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"Societal morality changes with time," says the court.On Monday, The Supreme Court referred to a larger Bench a writ petition filed by five petitioners to quash Section 377 of the Indian Penal Code which read more
On Monday, The Supreme Court referred to a larger Bench a
writ petition filed by five petitioners to quash Section 377 of the Indian
Penal Code which criminalises homosexuality.
On Monday, the Supreme Court said a section of people cannot live in fear of
the law which atrophies their right to choice and natural sexual inclinations.
It said societal morality changes with time and law should walk and change pace
with life.
A three-judge Bench led by Chief Justice of
India Dipak Misra decided to revisit its December 2013 verdict in Suresh
Kumar Kaushal vs. Naz Foundation which dismissed the LGBT community
as a negligible part of the population while virtually denying them the right
of choice and sexual orientation.
While the court noted that Section 377 punishes carnal intercourse against
order of nature, it added that "the determination of order of nature is
not a common phenomenon. Individual autonomy and individual natural inclination
cannot be atrophied unless the restrictions are determined as reasonable."
The court observed that what is natural for one may not be natural for the
other, but the confines of law cannot trample or curtail the inherent rights
embedded with an individual under Article 21 (right to life) of the
Constitution.
The court said the concept of consensual sex may require more protection. The
court noted the arguments of senior advocate Arvind Datar, who appeared for the
petitioners, that Section 377 IPC is not a reasonable restriction on the
fundamental right to choice.
Its judgments emphasising the transgender identity in the NALSA case and the
observations made by a nine-judge Bench in the right to privacy case upholding
the right to sexual orientation and choice of sexual partners warrant a relook
into its dismissive verdict in the Naz case, said the court.
Initiallym the Bench seemed reluctant, saying a five judge Bench is already
considering a curative petition by Naz against 2013 verdict.
Mr. Datar, however prevailed, saying while Naz is an NGO, he is representing
petitioners whose fundamental rights are directly affected by Section 377.
"Right to choose my partner is part of my fundamental right to
privacy," Mr. Datar submitted.
"But the privacy judgment says sexual partner means a natural
partner," Chief Justice Misra countered.
"Who my 'natural' partner should be is my choice," Mr. Datar
responded.
Chief Justice Misra then said Section 377 also criminalises beastiality.
"What about carnal intercourse with animals?" the CJI asked.
"We are not on that part. Our petition is only about criminalising
consensual sex between adults of the same sex," Mr. Datar replied.
The court at one point observed that a provision cannot become unconstitutional
purely because it is abused. The senior advocate argued that Section 377 has
the potential to destroy individual choice and sexual orientation.
The petitioners include Navtej Singh Johar, a Sangeet Natak Akademi
Award-winning Bharatnatyam dancer; Sunil Mehra who is a senior journalist; Ritu
Dalmia who is a restaurateur and Aman Nath, an expert on Indian art, culture
and the founder of the Neemrana chain of hotels.
"The petitioners are not seeking protection only as sexual minorities but
recognition of characteristics that inhere to all human beings. A right to
sexuality, sexual autonomy and freedom to choose a sexual partner forms the
cornerstone of human dignity which is protected under Article 21 of the
Constitution," the petition said.
The nine-judge Bench of the Supreme Court had in August 2017 ripped apart its
2013 judgment upholding Section 377.
The majority privacy judgment had observed that the chilling effect of Section
377 “poses a grave danger to the unhindered fulfilment of one’s sexual
orientation, as an element of privacy and dignity.”
In separate judgments, the Constitution Bench had concluded that the 2013
verdict by a two-judge Bench of the apex court pandered to a “majoritarian”
view to turn down the LGBT community their inherent fundamental rights of life,
personal liberty, equality and gender discrimination.
The 2013 judgment's view that “a miniscule fraction of the country’s population
constitutes lesbians, gays, bisexuals or transgenders” was not a sustainable
basis to deny the right to privacy, Justice D.Y. Chandrachud had observed in
his majority judgment.
“The test of popular acceptance does not furnish a valid basis to disregard
rights which are conferred with the sanctity of constitutional protection.
Discrete and insular minorities face grave dangers of discrimination for the
simple reason that their views, beliefs or way of life does not accord with the
‘mainstream’. Yet in a democratic Constitution founded on the rule of law,
their rights are as sacred as those conferred on other citizens to protect
their freedoms and liberties,” Justice Chandrachud had observed.
Justice Sanjay Kishan Kaul, in his separate judgment, seconded Justice
Chandrachud, while observing that the “majoritarian concept” does not apply to
constitutional rights.
“Courts are often called up on to take what may be categorized as a non-majoritarian
view... One's sexual orientation is undoubtedly an attribute of privacy,”
Justice Kaul added.
Justice Chandrachud observed that the Supreme Court, without any constitutional
basis, had set aside the historic Delhi High Court judgment of then Chief
Justice A.P. Shah. The High Court had in 2010 found that Section 377 was a
statutory provision targeting homosexuals as a class and amounted to a hostile
discrimination on the ground of sexual orientation.
The Review Bench of the Supreme Court, in January 2014, had agreed with its
original appeal judgment on December 11, 2013, setting aside the historic and
globally accepted verdict of the Delhi High Court.
The pending curative petitions are the last stand in a decade-old fight by the
LGBT community.
President Donald Trump said he plans to postpone his fake awards show for fake news to Wednesday, January 17, from Monday, January 8 — just in case you thought things couldn’t get any sillier. Guess the read more
President Donald Trump said he plans to postpone his fake awards show for fake news to Wednesday, January 17, from Monday, January 8 — just in case you thought things couldn’t get any sillier. Guess the president doesn’t want to be overshadowed by the Golden Globes.
The “Fake News Awards,” as Trump calls it, are going to “the most corrupt & biased of the Mainstream Media.”
Trump initially announced his intention to name “THE MOST DISHONEST & CORRUPT MEDIA AWARDS OF THE YEAR” (all caps emphasis his) on Tuesday, January 2 - the same day he fired off multiple confounding tweets, including an alarming threat at North Korea that was apparently prompted by a segment on Fox News.
Justice ministry of France plans to install landline phones in prison cells in an ambitious attempt to improve rehabilitation rates and reduce rampant mobile phone trafficking behind bars. The justice read more
Justice ministry of France plans to install landline phones in prison cells in an ambitious attempt to improve rehabilitation rates and reduce rampant mobile phone trafficking behind bars. The justice ministry said on Tuesday it had called for bids to operate the service after successful tests at one prison since 2016.
But inmates’ new freedom to call up to four pre-approved numbers at any time of the day will not come cheap, with one prisoner advocacy group warning that calls could cost up to 80 cents ($0.97) a minute.
France has struggled against the smuggling of mobile phones into prisons, like other countries. More than 19,000 handsets and accessories were seized in the first half of 2017, for an overall prisoner population of about 70,000. The ambitious move will reduce tensions.
“There have always been call boxes in prisons, but the inmates need to be accompanied by personnel, which requires time and availability. It gets complicated,” the justice ministry said.
Prison solves problem of illegal mobile phones
In the month of July 2016, a prison in Montmédy, north-eastern France, installed phones in every cell, which led to a 31% drop in the number of illicit mobile phone seizures in the first half of last year compared with a year earlier.“The phones have eased tensions inside the prison,” the ministry said. “It helps with civil reintegration by maintaining family ties,” it added, saying the goal was to “cut cellphone trafficking”.
“Sometimes, an inmate will have four people in line in front of him for the phone in the hall. But when it’s his turn, it’s time to be back in the cell. Things get tense,” said Christopher Dorangeville, the head of the CGT Penitentiaries union.
In newspaper report of Le Monde, telecom operators would place bids in the coming days to install the phones in 50,000 cells at 178 prisons across France, starting at the end of the year. The operator must finance the installation costs, and would make its money by charging prisoners for calls.
A French advocacy group, The International Prison Observatory, welcomed the move. “A phone in each cell allows a degree of intimacy when speaking with family members,” said the NGO’s François Bes. “More importantly, the fact that you can call when you want can let them speak with children after school.”
“The problem is the high cost of talking. Currently a call costs about 80 cents a minute,” Bes said. Even after the cost was renegotiated at Montmédy, down to about 65 cents, “that’s still way too expensive for most inmates,” he added.
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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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