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Now that President Pranab Mukherjee has signed Goods and Services Tax bill which was initially cleared by parliament and 15 other state governments it is now a law to be followed. The GST bill had been read more
Now that President Pranab Mukherjee has signed Goods and Services Tax bill which was initially cleared by parliament and 15 other state governments it is now a law to be followed. The GST bill had been approved by Rajya Sabha to restore propels of different state as well as local tax charges with a single unified value added tax process to twirl the nation in to the world’s biggest single market.
GST will replace more than dozen levies of central and state, including service tax, central sales tax, central excise duty and VAT on the sale of the goods and services and entry tax, to make the movement of the goods seamless thorough out the 1.3 billion market. Rather than being taxed so many times at different rates, under new GST regime goods would be taxed at the time of consumption.
The day central GST law is finalized; government would introduce this in the winter season whereas state would take state GST law to the assembly. Once it is implemented, it would have a total transformational impact by building a seamless national market within the country.
Different countries across the globe have implemented this kind of tax system long time back. While such reform initially faced protests in some countries, gradually their economies warmed up to it. FICCI (The Federation of Indian Chambers of Commerce and Industry) had told the finance minister of the states earlier also that this new tax regime can be implemented only after 6 months once it is adapted as law by GST council. FICCI also suggested that merit rate need to be lower and also the standard rate should be set at affordable prices to check the inflation.
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If you are thinking of going to your nearby general store to buy Britannia’s digestive biscuit- NutriChoice Zero anytime soon, you may want to stock up as stores might be running out of them soon. read more
If you are thinking of going to your nearby general store to buy Britannia’s digestive biscuit- NutriChoice Zero anytime soon, you may want to stock up as stores might be running out of them soon.
On 6 September, the Delhi high court passed an interim order restraining Britannia from manufacturing its digestive biscuits and directed them to phase out its existing stocks within four weeks.
It all began on when ITC Ltd brought a suit against Britannia’s digestive biscuit- SunFeast Farmlite Digestive All Good claiming trademark and copyright infringement through the identical colour scheme of the biscuit package.
While both are sold in a blue and yellow colour scheme, ITC claimed that Britannia’s colour scheme of digestive biscuits packaging which would confuse the consumers as being the Britannia biscuits. They stressed on the fact that they had introduced their product- Sunfeast Farmlite Digestive All Good in the market in February 2016 and being an instance hit with the consumers, they were likely to confuse it with Britannia's product.
Hoping to not spend much of courts’ time on the issue, it was initially suggested by the Delhi high court that Britannia could consider changing their colour scheme of digestive biscuits. Colours such as maroon, purple, green etc. were suggested; all of which were turned down by Britannia. What followed was a strange turn of events, when at the next hearing, Britannia had brought a suit against ITC opposing use of the colour yellow by them on their packaging. They claimed that yellow was their main colour and was being used for their range of digestive biscuits.
Following this, Britannia appealed to the division bench against being restrained to sell their biscuits and the court decided to hear it along with the matter as a whole. The last few hearings revealed a humorous side to court hearings with the judges making light hearted comments like- if we feel that the two biscuit packets are not identical, then matter KHATAM!
As the matter has proceeded, it has gone from arguments on the colour scheme to distinctive features to ascertain if the packaging is similar or not. Discussions on the shades of yellow and blue (the two colours that are being challenged) are also something that the court has gone into.
While the case is being heard on a regular basis, ITC has managed to buy time from the court in its favour till the next hearing which is scheduled on 19 September.
Being in the pipeline for quite some time, the government finally notified all the provisions of Aadhaar (Targeted Delivery of Financial and Other Subsides, Benefits and Services) Act, 2016 on 14 September. read more
Being in the pipeline for quite some time, the government finally notified all the provisions of Aadhaar (Targeted Delivery of Financial and Other Subsides, Benefits and Services) Act, 2016 on 14 September.
Through this, it received legislative backing and finally became a law which will be in operation with regards to the government offering social benefit schemes including subsidies, public distribution system etc. on the basis of a mandatory holding of the Aadhaar card.
Through this step, the government has given a stamp of approval to the 12-digit unique identification number provided under Aadhaar as a result of which millions of people who are registered will now be able to exercise their right and avail govt’s social benefit schemes.
Speaking of exercise of a persons’ right, one issue that still remains undecided under the upcoming Aadhaar regime, is that of privacy.
How will the govt ensure safeguarding of an individual’s personal details with the govt under the Aadhaar database and would it amount to violation of fundamental right to privacy or not is yet a challenge to be addressed before the Supreme Court.
There are also questions surrounding the mandatory nature of Aadhaar which would disadvantage those who are not enrolled under the twelve digit identification number or those who do not wish to enroll themselves due to fear of loss of privacy due to sharing personal information with the govt.
Before the Act was notified, the Supreme Court had restricted the mandatory use of Aadhaar to a few schemes and services such as the public distribution system, the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), however, with the Act being notified it would now become compulsory for availing all benefits. Some of the other services that would form part of the Aadhaar package include healthcare services, scholarships, mutual funds, income tax returns etc.
Based on the mounting number of Aadhaar card registrations in the country, the central government’s vision for a digital India seems to be on track.
After years of torture that resulted in deaths of thousands of rural and poor women at the hands of government-run sterilization camps, the Supreme Court has directed the government to discontinue these read more
After years of torture that resulted in deaths of thousands of rural and poor women at the hands of government-run sterilization camps, the Supreme Court has directed the government to discontinue these camps and set a time frame of three years to achieve this.
Apart from this, the court has proposed the idea of the framing of a National Health Policy and asked the Centre to take a decision on it by 31 December. Not only this, the court has also supported compensation fixed under the Family Planning Indemnity Scheme (FPIS) to be doubled and shared equally by the central and state government.
In order to ensure accountability of doctors approved for carrying out the sterilization procedure, a list with a state-wise, or region-wise panel of doctors will not have to be accessible on the website of Ministry of Health and Family Welfare which must be updated from time to time.
The court had ruled on a petition brought by Devika Biswas, challenging the sterilization procedure of the country based on a particular instance in 2012 when as many as 53 women underwent a sterilization procedure carried out by one doctor within a span of two hours in a camp with highly unsanitary conditions in Bihar.
Through further investigation, she found that the procedure had been performed in the absence of pre-operative tests on proposed patients, without any counselling about the outcome and potential dangers of the procedure.
Shockingly enough, it was found that the sterilization procedure was carried out in pathetic conditions such as the procedure being carried out at a school and not a govt or private hospital, running water was not available, surgeon not using gloves, and it being carried out under a torch light with the women placed on the school desk.
It was further contended that the campaign for sterilization was effectively a campaign for female sterilization. This could be seen through a 97% of sterilization being done on women.
The government was also pulled up for not playing a dominant role in the sterilization campaign. This could be seen through inadequate monitoring of camps and health centers, accountability measures not being in place and the rights of thousands of women who undergo the procedure being violated.
From 25 September onwards, WhatsApp can legally share information that it gets on its platform for commercial purposes with Facebook and its family of companies. Any confusion that prevailed over user read more
In this regard, it was held that the information shared by users before 25th September could not be shared by WhatsApp. Also, protection was extended to those who chose to delete their accounts as their information could not be shared with Facebook. WhatsApp, however, made it clear that messages exchanged between users on their platform could not be used for commercial purposes due to end to end encryption. The ruling was one which was balanced as it protected interests of the users as well as the messaging group, WhatsApp. It upheld the freedom of a person to make a choice and thereafter bear its consequences.
The question of privacy of information shared under the platform was not gone into as this is currently being heard by the Supreme Court.
By choosing to abide by the new policy, users allowed WhatsApp to hand over information about them to its parent company Facebook for commercial use, advertising and marketing on its platform. This includes sharing of phone numbers and information on a users' contact list. Users were given an option to opt out of the new policy by going into their WhatsApp settings and unclicking on the box allowing sharing of information.
For almost four years, students studying at the north campus of Delhi University were struggling with copying notes and making compilations of study material as most of the photocopy shops around campus read more
For almost four years, students studying at the north campus of Delhi University were struggling with copying notes and making compilations of study material as most of the photocopy shops around campus refused to offer photocopy services to them.
This was because of an interim order by the Delhi high court in 2012 restricting photocopying of textbooks and course materials by a shop in the campus premises named Rajeshwari photocopy.
The order was passed on a plea brought by a group of international publishers namely-
Alleging copyright infringement through photocopies of course material and text books which were used by students for university examinations.
In a unique and landmark ruling, the Delhi High Court dismissed the publisher’s plea and while protecting students’ interest held such practice did not amount to copyright infringement. As a result, students can now freely obtained photocopied compilations of notes and course material from Rajeshwari photocopy shop and other shops in the campus.
The students’ interest as a whole was given importance as it was held that photocopying of textbooks, notes etc for educational purposes was covered under the exception of “fair use” under the Copyright Act, 1957 due to which infringement could not be made out.
It was noted that with technological advancement students taking pictures of notes and sharing them with each other could not be stopped and the same would apply to photocopying.
Although the case was specifically against Rajeshwari photocopy shop, other photocopy shops in the vicinity also stopped providing photocopy services to students for the fear of a case being filed against them.
This was one such case which attracted attention from academicians, lawyers, activists alike. A student body called Association of Students for Equitable Access to Knowledge (ASEAK) was formed to put forth the concerns of the students and highlight the difficulties that they were facing due to the restrain order.
Time and again they contended that most students could not afford to buy new books considering a large number of books that were used for examinations and it would be unfair to burden them with additional expenses.
The liberalization policy that India set out to undertake in 1991 will soon be seen making its way into the legal world. For years together, the Indian legal sector has operated as an in-house, choosing read more
The liberalization policy that India set out to undertake in 1991 will soon be seen making its way into the legal world. For years together, the Indian legal sector has operated as an in-house, choosing talent from within the country. However, winds of change in the form of the Bar Council of India Rules for Registration of Foreign Lawyers in India, 2016 which propose the entry of foreign firms in the country may change this situation.
- Foreign lawyers and law firms can set up offices in India after registering with BCI and paying registration fees and security deposits. This amount would be between $40,000 for individual lawyers and $90,000 for law firms.
- Foreign lawyers would not be allowed to practice law relating to courts, tribunals, boards or statutory authorities, but can argue for foreign clients in international arbitrations held in India.
These rules allowing foreign lawyers and firms to set up their offices in India are being debated in the last three months between various stakeholders such as the Bar Council of India, Society of Indian law firms (SILF), Federation of Indian Chambers of Commerce and Industry (FICCI) and various ministries including the Ministry of Home Affairs (MHA), Ministry of Finance (MoF), and Ministry of External Affairs (MoEA) etc. The Union government is in support of opening up the legal sector but has been facing resistance from BCI and SILF.
Although there is still time before deliberations between various stakeholders reach a conclusion, it is still worth contemplating what the Indian legal sector might look like once the rules come into force.
Considering that the BCI rules are finally passed, it would lead to a complete turnaround in the way legal firms operate in the country. Apart from sharing synergies, Indian and foreign firms will have to compete for real estate, method of payment (hourly/monthly), acquisition of talent.
To be at par with foreign firms and establish a level playing field, Indian firms will have to pull up their socks and be strengthened. A large number of fresh law graduates who in the current scenario struggle to find a job will have to face greater hardships as talent acquisition will become more selective.
However, there are various issues to be ironed out before this becomes a reality.
For one, under the Advocates Act, 1961, it is clearly stated that advocates must be citizens of India, or foreign nationals from countries that allow “duly qualified” citizens of India to practise law. Therefore, a new class of advocates, “foreign lawyer” may have to be created before foreign lawyers can practice in India.
Secondly, it does not put Indian and foreign law firms at an equal footing since Indian lawyers and firms cannot practice aboard under any provision.
Lastly, uncertainty and confusion is bound to prevail for a long time after the legal field is opened up to foreign players.
Adoption is a process whereby brings happiness in the life’s of a childless couple and give a brighter future to an orphan child. But when a woman carries a baby in her womb for another couple and read more
Adoption is a process whereby brings happiness in the life’s of a childless couple and give a brighter future to an orphan child. But when a woman carries a baby in her womb for another couple and at the time of birth gives up the baby to them then it is surrogacy. Earlier commercial surrogacy grew tremendously in our country. An estimation of nearly $2 billion was found in this industry. Many countries like Ukraine, Russia etc. has barred commercial surrogacy but in India before November in 2015, 80 percent surrogacy births were accounted. After that government imposed a ban. People are oblivious to the fact that surrogacy is completely prohibited in many countries in Europe, both to guard the reproductive health of the mother and future of the infant.
The Surrogacy Bill 2016 intends to regulate the surrogacy in India by making it an option for the couples who cannot have babies naturally, as they suffer from lack of supporting reproductive technology; however, they still want to have a biological child so they can look for a surrogate mother among their relatives. The altruistic Surrogacy (an arrangement without transferring the funds as inducements) is currently practiced at some places in India, although there a large number of surrogacy centers who hire surrogacy mothers for child births.
The child born with the help of surrogacy will have equivalent rights to any biological child. Indian infertile couples between the age of 26-55 (man) & 23-50 years (woman) who are married and have been living together as husband and wife since last 5 years and don’t have any surviving child are eligible for surrogacy. The only condition is that the surrogate mother should be a close relative of the couple who is 25-35 years of age and have never been used as a surrogate mother before. Implementation will be done through national and state surrogacy boards. Any founding of abandoning the child, selling a human embryo, exploitation of the surrogate mother, undertaking commercial surrogacy is highly punishable. The registered surrogacy clinics are supposed to maintain records for at least 25 years.
With increasing internet penetration in the country, cyber crimes have also grown at the same rate. Their redressal however, paints a different story. Cyber crimes which consist of crime over the internet read more
With increasing internet penetration in the country, cyber crimes have also grown at the same rate. Their redressal however, paints a different story. Cyber crimes which consist of crime over the internet include hacking, identity theft, breach of confidentiality such as credit card details theft and other cyber frauds.
Cyber crimes which have been on the rise due to advent of e-commerce websites and feasibility of the internet today, are failing to be addressed under India’s legal framework. Crimes committed through use of a computer can be registered under the Information Technology (IT) Act, 2000, the Indian Penal Code (IPC), State level legislations and the Cyber Appellate Tribunal (CAT).
While instances such of hacking, fraud digital signature certificate, breach of confidentiality etc are registered under the IT Act, others such as forgery, false electronic evidence, tampering is dealt with under the IPC.
Despite this mechanism set up for redressal of cyber frauds, the situation today is abysmal with large number of pending cases. As per the data of National Crime Record Bureau (NCRB), a total of 11, 592 cyber fraud cases were reported in 2015 which was a 20.5% rise over the number of cyber cases in 2014.
The main reason for this may be assigned to the fact that India’s sole appellate tribunal, CAT which was set up in October 2006, has been lying defunct for the last three years. The situation is so bad that a chairperson since the retirement of Justice Rajesh Tandon in 2011 has still to be appointed to look after the affairs of the tribunal.
In this regard, Pradeep Chandrasekhar, Member of Parliament, on 24 August wrote a letter urging the central government to appoint a chairperson to the tribunal. He highlighted that it in the light of government’s efforts under Digital India initiative and the number of internet users touching millions, the appointment must be treated as a priority.
As a result of the lack of an expert tribunal specializing in dealing with cyber complaints, individuals and technology giants such as Facebook, Mincrosoft, Google owned YouTube, banking corporations etc. are left with no option but to file their matters concerning cyber security in courts which do not have expertise in cyber law. For instance, the Delhi high court is seized of a matter wherein Paytm has alleged that Snapdeal -owned Unicommerce eSolutions Pvt. Ltd had wrongfully accessed its seller information. Such matters apart from taking up the precious time of courts add to its burden of pending cases.
New Delhi: India as a country believes that they are tolerant. Tolerant of all differences in caste, race, religion, age etc. In this spirit and in a move to empower transgenders and put an end to discrimination read more
New Delhi: India as a country believes that they are tolerant. Tolerant of all differences in caste, race, religion, age etc. In this spirit and in a move to empower transgenders and put an end to discrimination faced by them in India, the Union Cabinet passed the Transgender Persons (protection of rights) Bill, 2016 on 20 July, 2016.
On the surface, the bill promises to empower transgender population in the country and give them equal rights. However, this theory falls flat when the bill is analyzed. Apart from having been passed in a hurry, it suffers from various structural and technical glitches.
The first problem lies with the way in which transgender persons have been defined. The current definition consists of usage of phrases describing a transgender person as-
(a) Neither wholly female nor wholly male;
(b) A combination of female or male;
(c) Neither female nor male.
This by itself is derogatory and not a right depiction.
Another flaw lies with the process of identification envisaged under the bill. A transgender person would need to apply for a certificate of identity to the district magistrate, who will then refer the application to a screening committee, which will issue a certificate of identity to the person. Putting transgenders through such a harrowing process simply for obtaining a certificate of identification goes against the ease that was expected under the bill.
Lastly, the transgenders as a community have been one which has suffered years of discrimination and social prejudice consisting of infliction of violence by families, police, lack of availability of a complaint mechanism etc. The present bill has conveniently chosen to not ignore these issues.
By the end, one is left to wonder if the bill can actually achieve what it was meant to deliver- empowerment and equal rights to transgender population in India.
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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
Category and Documents/ Advice Restrictions
Certain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos).
SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list.
For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL.
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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