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advocatepankajsbajaj@gmail.com
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Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
There are various legal agreements which needs or can be drafted for protection of Intellectual Property in business interactions and within company.There are certain loopholes once various patents, trademarks read more
There
are various legal agreements which needs or can be drafted for protection of
Intellectual Property in business interactions and within company.
There
are certain loopholes once various patents, trademarks and copyright have been
drafted like there can be various secrets which can be confidential of the
material which has been legally addressed, so for those cases this would help
company after all as employees in a company would stop selling these secrets to
competitors. Documents can be framed by a legal representative here and he/she
would be responsible for all the amendments in the document.
Signing
of these documents by employees of the company is made mandatory so that would surely
help in ensuring the company that all the secrets and confidential data remains
within company.
Various
Agreements include
1.
Non-Disclosure Agreement (NDA)
2.
Trade Secrets, Trademarks and Contractual Agreements
NDA
are by far most popular type of agreement documentation used in any company
which are to be signed by the employees of the company so that they would not
sell company’s secrets (e.g, trade secrets) and any confidential process when
company is filing any patent or copyright.
Infringement
of these documentation-
Employees
of the company are liable for any damages (economic or financial) company has
sustained when employers without any authorization disclosed any of these
secrets, confidential material to public.
Conclusion
For
business ventures agreement made are usually contractual based therefore a
legal practitioner who has expertise in contract based legal issues can help in
these events
Legal
agreements are a huge necessity for any company (public, private, OPC) to
follow.
1. Introduction:Accountability is a mechanism designed to ensure that the affairs or the entities are conducted with due regard to the interests of those who are interested read more
1.
Introduction:Accountability is a mechanism designed
to ensure that the affairs or the entities are conducted with due regard to the
interests of those who are interested in the affairs of the entity.
Accountability guarantees actions and decisions taken by public officials
regarding government initiatives and respond to the needs of the community
thereby contributing to better governance and poverty reduction. It also means
their decisions and actions are subject to oversight so as to guarantee that
their stated objectives are met. The Good governance recognizes accountability
in terms of improving the delivery of public services, measuring performance
and providing incentives to achieve targets and sanctions in case of
non-performance. Accountability is not to be viewed only in terms of
democratic control and integrity of operations but also in terms of
performance. Through series of reform measures such as Financial Management
Initiative, creation of Executive Agencies, Citizen’s Charter, and Public Service
Agreement, complete transformation of bureaucratic structure and efficient
public service, accountability is embedded.
2. Meaning
of accountability:
Accountability is to take complete responsibility by a person or an
organisation for what he/she or the organisation did or failed to do (which was
their duty) and must be able to give a satisfactory reason for it and the use
of authority entrusted in them to carry out that responsibility. It is to check
whether a work was done or not and Accountability as a process is performed
after the work is completed or is supposed to have been completed. Civil
servants though not directly accountable to the People or their representatives
but they are Vigilance authorities and Ombudsman in all organisations to keep a
tab on them and also they are indirectly accountable for their action/exercise
of authority to the people through the political executive (who are answerable
to the Houses of Parliament for their Ministries) and Courts of Law.If there is
no accountability then the civil servants would turn in to despots (unfair/cruel
rulers), arbitrary and corrupt.
3. Types
of accountability:
I) Internal Control & Accountability: It is a part of the Administrative
Machinery and works automatically and spontaneously with the movement of the
machinery as self-regulating devices and act as brakes in an automobile.
It comprises of –
a) Budgetary
control - Every department and official is given information about the amount
of funds they have and they have to perform within it, if it goes overboard
then they are accountable. These funds are passed by the Parliament/Legislature
through voting and are not easy to get and once they are used they are audited
by the CAG and the Finance Ministry sanctions funds to the departments and Ministries
once Parliament passes it.
b) Personnel
Management Control- Every official is made aware of his rank, grade and salary
and there are rules and regulations that govern the work conditions and conduct
of the personnel and if that is not followed and then a pre-prescribed
punishment is meted out.
c)
Organisational and Method/Management Control- Regular inspections are done and
requisite training is provided to officials for efficient execution of their
responsibilities.
d)
Administrative Ethics and Professional standards - Moral and accepted beliefs
of behavior are promoted amongst officials.
e) Leadership-
Leadership acceptance increases with an increase in hierarchy and position and
that is encouraged to keep the motivation and morale of officials going. It
should not be seen only in the negative light of a control mechanism for
irrational patterns of individual's employees' activities but as a positive
mechanism of harmonizing individual's activities into rational patterns.
II) External Control & Accountability:The controls within the constitutional
machinery e.g. Legislative control, executive control, Judicial control. Public
control through media, interest groups, voluntary organizations, civil society,
Citizen’s Charters, Right to Information, Social audit. Is also a form of
external control?A thing to note is that external and internal controls are not
exclusive categories but are interdependent and complement and supplement each
other.
5.) Importance of
Accountability:
·
Accountability
in business is critical, as the concept enhances the ethics of managers.
·
Being
accountable means standing by decisions, actions, and the overall well-being of
projects.
·
Accountability
is also a management process that ensures employees answer to their superior
for their actions and that supervisors behave responsibly as well.
·
Accountability
addresses both the organization's expectation of the employee and the
employee's expectation of the organization.
·
Accountable
employees help to increase performance of business as a whole and to maintain a
positive company culture, vision, and ethics.
·
Accountability
on a global scale, particularly in the case of NGOs, is complicated by the fact
that different countries have varying legislative perspectives when it comes to
accountability.
6.) Conclusion: Accountability is important in
evaluating the on-going effectiveness of public officials or bodies ensures
that they are performing to their full potential, providing value for money,
instilling confidence in the government and being responsive to the community.
Bureaucracy is a social institution, and its members, do not shrink from
exercising this power in their own favor, unconcerned about, or to the
detriment of, the people whom they profess to serve. No government, of whatever
complexion, can evade the need for accountability.
With the increasing trend of IPR Awareness drive, the concept of getting one’s rights registered under the IP law is growing day by day, but what actually boosts such growth is strict opinions & judgements read more
With the increasing trend of IPR Awareness drive, the concept of getting one’s rights registered under the IP law is growing day by day, but what actually boosts such growth is strict opinions & judgements given by the Hon’ble Forum upholding and recognizing the rights of the actual owner of the IP Asset by punishing the offender for encashing on someone else’s reputation. One such progressive opinion was given by the Hon’ble Delhi High Court when the US based Yahoo! Inc. (hereinafter as Yahoo!) filed a suit against a 12-year-old Indian Company - M/s Apricot Foods Pvt. Ltd. (hereinafter as “AFPL”).
Yahoo‘s Proactive Action
In 2015, one of the tech giant’s – Yahoo! which is worldwide famous for its mail repository and Internet services sued a growing Indian Co. AFPL. and its agents/distributors for taking undue advantage of well known – “Yahoo!”Mark. The prime allegation was linked to the increasing sales of AFPL merchandise - “YAHOO MASALA CHAKRA” AND “YAHOO TOMATO TANGY”. On the very first hearing, Yahoo! established the dishonest use of their mark by AFPL and attained an interim injunction against AFPL& its agent. In 2016, the Hon’ble Delhi High Court while observing the queer sense of culpability which AFPL had projected with the use of the mark YAHOO! provided a favorable permanent injunction. Therein, Justice Murlidhar not only observed how the mark was used and linked with Yahoo! (when even AFPL displayed its contact information at apricotfoods@yahoo.com) but also detected the guilt on the part of AFPL which despite several notices, did not even enter any appearance. Moreover, the Hon’ble Court also observed the proactive attitude of Yahoo! Inc. which is registered as a well-known mark and appears in the list at S.no. 54. Thus, perceiving the aforesaid remarks, the Hon’ble Court to set an example along with a favorable permanent injunction also directed payment of Rs 32 lakh towards damages and Ra 6.44 lakh as cost.
Relevance & Applicability
What makes this litigation relevant is the prompt action taken by Yahoo! against the wrong doers which are seen comparatively less in the Indian Corporates. The favorable interpretation has drawn by the Hon’ble Court that, ‘the mark should not be just restricted to computers & internet services’ (which was the prime business activities of Yahoo!). This positive interpretation, in itself, is a reward to one who is not merely sitting on its rights and waiting for the time the infringer/ wrong doer would eventually stop it.
Another crucial factor which every company must denote is the significance /implications of having a status of Well-Known Mark. From a business perspective, filing an application/ suit might just seem an immediate expense for the Company but what needs to be inculcated is the necessity attached to this step. It is important to understand that the implication of attaining a status of a well- known mark in itself is a prima facie evidence to suggest that the mark is “well- known” to the general public and enjoys a relatively high reputation. Thus a company needs to understand, that its ultimate objective of not merely getting their mark registered but also it must try to attain such reputed recognition.
In conclusion, what the Indian corporates are still to imbibe from the western culture is that creating a parity between both its Fictitious as well as other Immovable Assets. Thus, every corporate should understand the importance that when it values these assets especially its goodwill on the balance sheet then it has the duty protect the same from infringers & wrong doers against such inappropriate use. Thus merely filing an application for registration or even getting your mark registered would not suffice the duty unless and until every possible mechanism for getting their mark the required protection is being taken.
How to recover salary from employer ??First send him a legal notice. Sending a legal notice is mandatory to show your effort that before filing a case you have tried your best to settle the matter amicably. read more
How to recover salary from employer ??
First send him a legal notice. Sending a legal notice is mandatory to show your effort that before filing a case you have tried your best to settle the matter amicably. After sending a legal notice, There are two ways. 1- File a recovery suit.
Recovery suit is a civil suit wherein the employee has to pay certain amount of court fees which will be 3-4 % of the recovery amount. There are very good chances that the amount will be recovered. 2- Approach Labor Commissioner
Employee can approach labor commissioner. Labor commissioner will try to settle the issue and if he fails, he will transfer the case to Labor court and then trial will be held.
Thus, there are channels to recover money from employer. The only thing you have to do is take a step and fight for your rights.
KANIKA BHARDWAJ
ADVOCATE
9582000415
Last year, around the same time, there was a rush to deposit the demonetized currency notes of Rupees 500 and 1,000 denominations.The underlying intent of the Government behind the November 08, 2016 announcement read more
Last year, around the same time, there was a rush to deposit the demonetized currency notes of Rupees 500 and 1,000 denominations.
The underlying intent of the Government behind the November 08, 2016 announcement was to curb black money and restrict funding of terrorist. As a result of the government order, millions of currency notes including illegitimate, unaccounted money was deposited into banks by many.
Post de-monetization, most of the companies and individuals who had deposited currency into banks revised their Income Tax (IT) returns with the intent of converting illegally possessed currency into legitimate currency and paying only up to 30% tax on the extra currency deposited with the banks. Such companies and individuals believed that in this way they can safely escape from the surveillance of the IT Department without much fuss in relation to undisclosed currency.
A man proposes and the government disposes.
Government has other plans for dealing with such companies and individuals. According to the latest government directive, IT returns revised with “Bona fide error” or “Mistake” will only be accepted by the income tax offices across all locations in India. During the verification, if it is discovered by IT officials that the IT returns are revised with the manipulative intent of legalizing all illegally possessed currency, then individuals or companies filing such returns will be penalized with the fine at higher rate than the penalty for abuse of IT laws.
The following are the key points being taken up by IT officers while verifying the revised IT returns:
· Revised IT return reflects the unsubstantiated reduction in closing stock vis-à-vis the figures in original returns;
· Revised IT return contains higher sales;
· As on March 31, 2016, or March 31, 2015, increase in cash-in-hand (Revised IT returns reflects higher cash for last two financial years could help in regularizing undisclosed cash deposited in banks);
· Claimed additional cash inflow out of earlier-year savings, receipts of loans or advances or gifts or sale of capital assets;
· Use of cash to lower liabilities;
· As on March 31, 2015, or March 31, 2016, lower closing stock as compared to earlier years in belated returns (filed after due date).
A tax payer may revise the IT filings provided the reason for such revision is identification of any omission or any wrong statement under Section 139(5) of Income-tax Act, 1961.
Undoubtedly timely actions by the government are welcome measures in dealing with the misuse of the law by deceptive tax payers to their personal benefit. At the same time, government should take reasonable precautions to ensure that any directive issued by it is not contrary to the existing laws in force, else the exercise will be in jeopardy, proving to be counter productive.
To avoid the clash between government order and any existing law, the Government should make sure of not leaving any scope to use of any loopholes in current tax laws to escape by wrongdoers.
Research and inputs by Baswanth Mohan.
DATA THEFT: Let’s understand Data Theft!Ever had highly confidential data stolen? You ought to read this! Data is a valuable asset in the modern world of Information Technology. The songs in your read more
Ever had highly confidential data stolen? You ought to read this!
Data is a valuable asset in the modern world of Information Technology. The songs in your laptop, your pictures in your phone or the login details you use for Internet banking, all constitute data.Data theft happens when computer-based information is stolen from various devices by using hacking methods. The information stored online on Company databases is extremely prone to be stolen, and the forbidden act is mostly carried out by the most trusted resources. Sensitive information is easily available, making it more prone to theft. As is widely known - Technology breeds insecurity.
Whenever a person illegally downloads, copies or extracts any data from a computer without the permission of the owner of such information, it is called ‘data theft’.
These thieves access a person’s or business’s data for monetary gains, blackmailing, spying or any such illegal purposes. For any kind of business, “data” is highly sensitive and includes confidential information such as trade secrets, acquisition plans, financial data, supplier and customer information, etc. For an individual, sensitive data shall refer to personal information such as name, address, date of birth, ID card number, bank account details etc.
Mutual Divorce is the type of divorce where a couple opts to end their marriage without getting into a conflict with each other. The only condition that a couple needs to satisfy before applying read more
Mutual Divorce is the type of divorce where a couple opts to end their marriage without getting into a conflict with each other. The only condition that a couple needs to satisfy before applying for a divorce with mutual consent is that they have not been able to live together for a period of at least one year.
It is pertinent to note here that the couple may have lived together under the same roof but not as a normal husband and wife, i.e. they have been staying in different rooms, or have not communicated with each other for a long period, or have restrained themselves from indulging in a sexual intercourse, etc.
When opting to for a mutual divorce, the couple pre-decides on the terms of a divorce. Common issues in a divorce like custody of children, payment of maintenance, division of assets, etc. which generally create a bone of contention between the parties, are settled in advance by the couple in case of a mutual divorce
Time Period for Mutual Consent Divorce-
The time frame for which the divorce proceedings may extend is 1.5 years, wherein the parties are required to appear before the court only twice. Hence, it can be said that the process and procedure of mutual consent divorce is simple and hassle-free.
The Union government has brought about a proposal for a Financial Resolution and Deposit Insurance(FRDI) Bill, which is a part of a host of banking reforms and enactment of laws that aim to resolve the read more
The Union government has brought about a proposal for a Financial Resolution and Deposit Insurance(FRDI) Bill, which is a part of a host of banking reforms and enactment of laws that aim to resolve the conditions of the failing banks. The Bill has been the cause of worry for depositors across the country.
Banks has always been associated with financial security. It is the trust of the depositors in the bank that helps the banking institution to run easily. What if the bank’s financial situation deteriorates to an extent that it becomes unable to repay the deposits, then to whom will they turn to?
To deal with situation, way back in 1961 the Deposit Insurance and Credit Guarantee Corporation Act was passed by the Indian Parliament.
The law guarantees the deposits would be under the insurance cover for up to Rs 1 lakh, including interest. This means that the payment of all deposits up to Rs 1 lakh are protected even if the bank collapse. But anything over and above Rs 1 lakh does not have this protection. So, if the bank scuttles, a bank account holder with a large deposit might lose a lot of money.
21 public sector banks control 82% of the banking business in India, and they roughly pay about Rs 3,000 crores as insurance premium to the Deposit Insurance and Credit Guarantee Corporation, a subsidiary of the Reserve Bank of India.
A different set up proposed by the government
Though, this framework is all set to witness a drastic change when the Parliament takes up the FRDI Bill, 2017, in Lok Sabha, possibly in the upcoming Winter Session. The FRDI bill, 2017 was tabled in the Lok Sabha in August this year following which it was referred for review to a joint parliamentary committee. The report by the committee is due to be submitted during this Winter Session, after which an amended Bill is expected to be tabled in the upcoming winter session of Parliament beginning 15 December.
The FRDI Bill seeks to resolve bankruptcy in a banking institution, insurance companies and other financial establishments.
Along with the Bankruptcy and Insolvency Code, re-capitalisation of PSU banks, and FDI in insurance this Bill is set to create a landmark in the financial sector.
What is the issue?
The Bill is facing stiff opposition from the bank employees union and depositors as well. In August, banking employees went on a strike against the proposed legislation.
This bill is being opposed for a variety of reasons. In a joint statement, the union said that the proposed law would allow the public-sector banks for liquidation or amalgamation, which could put deposits of the customers under severe risk. Even worse, provisions dealing with deposit insurance are unclear in the draft law, and there is no explanation for the amount which has to be insuredby the banks.
A bail-in option is also provided in the bill, which means depositors could lose the control of their money, i.e. in case the bank’s financial situation deteriorates, deposits could be converted into securities such as shares in the bank.
A breakdown of the clauses of the FRDI Bill
Although India never had such a resolution authority before, the Reserve Bank and the Insurance Regulatory and Development Authority of India (IRDAI), an autonomous,statutory agency regulated and promoted the insurance industries.Recently in the past, RBI had asked PSU banks to take over stressed banks to protect the depositors and its employees.
The Deposit Insurance and Credit Guarantee Corporation (DICGC), an RBI subsidiary, established in 1971 insures all kinds of bank deposits up to a limit of ₹1,00,000. In case a stressed bank had to be liquidated, the depositors would be paid through DICGC.
However, the proposed Bill seeks closure of the DICGC, as the credit guarantee will be taken care of by the Resolution Corporation itself.
Recognising the urgency warranted by facts on ground, the Government of India has come up with an Ordinance to amend the Insolvency and Bankruptcy Code (IBC) on Thursday, barring inter alia, promoters read more
Recognising the urgency warranted by facts on ground, the Government of India has come up with an Ordinance to amend the Insolvency and Bankruptcy Code (IBC) on Thursday, barring inter alia, promoters of defaulting companies from regaining control of their assets being sold under the bankruptcy process.
I have ambivalent feelings about the rationale and success prospects of the move.
Some experts are welcoming the move and some are expressing concern about the efficacy of the action. On one hand, the amendments may be construed as a signal against crony capitalism, the move may backfire as well and reduce the number of revival proposals that may come up.
The ordinance not only prohibits only wilful defaulters, but also several other categories of persons / entities. For example:
(i) Guarantors to the debtor,
(ii) Those with loans classified as non-performing assets (NPAs) for at least a year,
(iii) Those convicted for any offence with a prison term of more than two years,
(iv) directors in companies that are disqualified,
(v) Entities barred by the capital markets regulator,
(vi) Those who have been found to have struck fraudulent transactions with the entity in question, and connected entities.
The amendments also stipulate that the panel of lenders which evaluates a turnaround plan assess the “feasibility and viability” of such schemes.
Currently, 11 out of the 12 cases chosen by the Reserve Bank of India (RBI) for early bankruptcy proceedings are in advanced stages of auctioning assets.
Further, December 13, 2017 is the deadline for another 29 companies identified by RBI to face the bankruptcy court if there is no resolution.
In some of these cases, the promoters have also presented resolution plans. These are the same people who have brought their companies to this stage of financial bankruptcy, cause huge loss to Indian banking industry and now they wish to wrest control again. Handing back the keys of bankrupt companies to same set of people could be suicidal and counterproductive to the whole resolution mechanism.
This was an area of major concern for banks, investors and the government for last couple of weeks. The erring promoters have been first trying to stall the IBC proceedings on one ground on the other. Now that these proceedings are moving, they wish to take control of their entities by a backdoor entry.
As per the Ministry of Corporate Affairs release, “The amendments aim to keep out such persons who have wilfully defaulted, are associated with non-performing assets or are habitually non-compliant and, therefore, are likely to be a risk to successful resolution of insolvency of a company.”
Due to the ordinance, the eligibility of all bidders will have to be ascertained very minutely before examining their bids. There could also be challenge to classification of a debtor. It is expected that many promoters may challenge the bona fide of the Ordinance.
As it happens, some bad apples rot the entire system and create problems for genuine business people. Not all promoters would be wilful defaulters or cheats – there could certainly be some genuine cases of business failure.
Somehow, the reasons behind the Ordinance may have a political colour too. It has become fashionable to paint all promoters in black.
Time only will tell !
What is a Notice under Section 143 (2) of the Income Tax Act?This is a notice sent on behalf of the Income Tax Department, once the AO (Assessing Officer) has assessed the Income tax return filed by the read more
What is a Notice under Section 143 (2) of the Income Tax Act?
This is a notice sent on behalf of the Income Tax Department, once the AO (Assessing Officer) has assessed the Income tax return filed by the assessee and is not satisfied with the produced documents, details or when the assessee fails to have filed documents for assessment. Through this Notice of the IT Department - the Income Tax Return Filed by the entity/individual comes under scrutiny!
The investigative arm of the IT Department has recently issued such notice (under Section 143(2) to over 200 start ups for a scrutiny. It is imperative for all start ups to ensure that their company is legally sound and compliant, for which you will be required to connect to a lawyer and a CA.
One of the major issues owing to which the IT Department sends such a notice might be owing to “whether funds received in the form of share premium are from disclosed sources and have been correctly offered for tax”
You can connect to MyAdvo and we shall assist you with engaging the right combination of a lawyer and a CA for the required services!
We want to make the process as simple for you, as possible. Please find a list of documents you will need to take an action -
Altusried, Germany
Navi Mumbai, India
Asansol, India
Guwahati, India
Gurugram, India
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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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