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As first reported by Live Law this week, the ministry of commerce and industry, which has been spearheading the government’s efforts to liberalise the legal market, alongside read more
As first reported by Live Law this week, the ministry of commerce and industry, which has been spearheading the government’s efforts to liberalise the legal market, alongside the law ministry, has revoked a ban on the practice of law from special economic zones (SEZs), by issuing a notification in the Gazette of India amending the Special Economic Rules governing Special Economic Zones on 3 January 2017.
LiveLaw called it a “baby step towards opening India’s legal and accounting sector to foreign players”, and indeed, the amendment is a small one, deleting just five words - “excluding legal services and accounting” - from Rule 76 of The Special Economic Zones Rules, 2006, which specifies some of the businesses that are allowed to set up in such zones.
In effect, this would allow domestic law firms and possibly legal process outsourcers (LPOs) to set up shop inside SEZs, and could be evidence of how the government will eventually intend to open up the legal market.
And interestingly, one foreign lawyer with a focus on India whom we spoke to last month, had predicted: “I suspect that GIFT (Gujarat International Financial Tec-City) will be the first FTZ (free trade zone) for foreign law firms to set up in, followed by Mumbai.”
That said, the change by itself neither lifts the 1961 Advocates Act restriction that law can only be practised by Indian nationals and firms, nor the Bombay and Madras high court judgments restating that foreign law firms are not allowed to practice here.
However, the Economic Times reported in a more upbeat fashion today:
Foreign law and accountancy firms now have a chance to operate in India on their own. On 3 January, the ministry of commerce and industry amended a rule allowing such foreign firms to set up offices and advise clients from SEZs.
The paper also quoted the head of IFSC at the GIFT, Dipesh Shah, saying: “Until now, no foreign law firm could operate in India and not even Indian firms were allowed to provide their services in any of the SEZs.
“The new amendment allows not only Indian law or accountancy firms to set up a base in GIFT, but even multinationals can directly advise upon international disputes or arbitration by setting up a base there.”
Of course, if a foreign law firm were to open up in an SEZ and advise on foreign law or arbitrations, they would still brave running a risky business since the SEZ rule amendment does not explicitly mention foreign law firms at all.
However, they may take solace and safety in the idea that despite continuing Bar Council of India (BCI) (and softer Society of Indian Law Firms (Silf)) opposition to their entry, at least the government (and presumably Narendra Modi) may have their back in an SEZ such as Gujarat’s.
Rule 76 of The Special Economic Zones Rules, 2006 states (emphasis added):
The “services” for the purposes of 1[clause] (z) of section 2 shall be the following, namely:— Trading, warehousing, research and development services, computer software services, including information enabled services such as back-office operations, call centers, content development or animation, data processing, engineering and design, graphic information system services, human resources services, insurance claim processing, legal data bases, medical transcription, payroll, remote maintenance, revenue accounting, support centers and web-site services, off-shore banking services, professional services (excluding legal services and accounting) rental/leasing services without operators, other business services, courier services, audio-visual services, construction and related services, distribution services (excluding retail services), educational services, environmental services, financial services, hospital services, other human health services, tourism and travel related services, recreational, cultural and sporting services, entertainment services, transport services, services auxiliary to all modes of transport, pipelines transport.
Presumably, the segment to be amended (and highlighted above) is missing a comma, and should have read “professional services (excluding legal services and accounting), rental/leasing services without operators”.
Source : http://www.legallyindia.com/law-firms/will-foreign-law-firms-open-first-in-sezs-and-gift-not-yet-but-gov-t-paves-a-way-with-rule-change-20170114-8221
French workers have won the “right to disconnect.” Their employers can no longer demand that they stay tethered to their electronic devices and answer email after work hours. This right read more
French workers have won the “right to disconnect.” Their employers can no longer demand that they stay tethered to their electronic devices and answer email after work hours.
This right to disconnect must be seen in the context of other European policies designed to protect the rights of the individual in the digital age: German companies like Volkswagen, for example, have introduced email moratoriums. There is also the “right to be forgotten,” established by the European Court of Justice a few years ago, which grants every European citizen the right to demand that search engines erase their online history. Most recently, a group of German intellectuals and policy-makers even drafted a European Digital Charter, a proposed Declaration of Digital Human Rights, that has garnered significant attention.
I was born and raised in Germany and have lived in the San Francisco Bay Area for 14 years, yet I’m still struck by the stark difference in the concepts of privacy and humanism in Europe and the U.S. It is a cliché, but nonetheless true, when we say that in Europe one works to live, whereas in the U.S. one lives to work. In Europe, a responsible, balanced lifestyle—with generous vacations and shorter work weeks—trumps responsiveness; in the U.S., it is a well-known fact (and one that Americans might be quietly proud of) that most workers don’t even use all of their paid vacation days, presumably out of fear that they might have a competitive disadvantage versus their eager colleagues, or be viewed as slackers unwilling to make work their first priority.
While the phenomenon of digital overload is universally acknowledged, the responses to it differ greatly. Not surprisingly, in Europe solutions tend to be more protectionist and policy-driven, while in the U.S., a whole market of literature and coaching offerings have emerged that seek to empower individuals to develop a more mindful relationship to technology, accepting digital distraction as integral to today’s human condition. What is viewed as a transgression in Europe is treated as a managerial task and commercial opportunity in the U.S.
Can the right to disconnect ever be a universal human right—and should it?
After the news from France broke, some commentators sarcastically opined that in the grand scheme of things, and with an eye on the not-too-distant future, the digitally-emancipated French workers will eventually be replaced by robots who will do their tasks much more efficiently—and with no concern over being constantly connected. For humans to earn the right to be disconnected, they seemed to say, is simply a precursor of humans’ ultimate fate—to be switched off completely. The “right to disconnect” might be a Pyrrhic victory.
It is of course easy to dismiss the new French law and other European efforts as hopelessly nostalgic. But it is also worth dissecting the true meaning of the term. Nostalgia comes from the Greek “nostos algos” and means an “aching to return.” It describes a longing for something profound, something essential that we have seem to forgotten in our digital times. This essential quality is nothing less than our being human, and it includes our inherently human ability to be in the moment, to relate to other people with passion and compassion, and feel intimacy.
However, it has become daunting to overcome what Alain de Botton calls “the constant challenge of modern relationships: how to prove more interesting than the other's smartphone.” Andrew Sullivan, in a remarkable essay in New York magazine last fall (“I Used to Be a Human Being”) bemoans a “new epidemic of distraction” as “our civilization’s specific weakness” and an acute “threat to our souls.”
His reflections support the French (and broader European) effort to protect what is left of our human agency and to reclaim our autonomy. Given that social isolation and loneliness are among the most concerning diseases of our time, and threaten to erode the very fabric of our societies, presence is an urgent task, one that goes beyond simply enhancing our individual well-being—it is a broader, social responsibility.
And yet it is complicated. Connection is such a critical human need that if we don’t get it from humans, our digital surrogates fill in for us. Even work communication is better than no communication, because nothing is a more terrifying than being alone with our thoughts.
On The Conan O’Brien Show, comedian Louis C.K. once said:
“You need to build an ability to just be yourself and not be doing something. That’s what the phones are taking away. Underneath in your life there’s that thing…that forever empty…that knowledge that it’s all for nothing and you’re alone…That’s why we text and drive…because we don’t want to be alone for a second.”
Indeed, a recent study found that participants would rather receive mild electric shocks than to be alone with themselves—at least, it appears, the shocks made them feel something.
This brings us to the heart of the matter. While research regularly states an alarming worldwide disenchantment with work, a lack of purpose and meaning, and widespread disengagement, it is still so much better than the alternative—no work and too much time on our hands that we have to fill ourselves.
As always, the Europeans are more used to staring into the abyss, as the Austrian writer Thomas Bernhard once observed: “Instead of committing suicide, we go to work.”
Zero FIR is one such provision, which might help the victim to appeal for investigation without wasting time. To understand Zero FIR, first let us know what is a FIR, i.e. First Information read more
Zero FIR is one such provision, which might help the victim to appeal for investigation without wasting time. To understand Zero FIR, first let us know what is a FIR, i.e. First Information Report.
FIR means First Information Report
A First Information Report (F.I.R.) is the first information in point of time regarding the commission of a cognizable offence that is given to the police and is recorded in the manner provided under section 154 of the Cr.P.C [These are the offence/case in which Police can arrest a person without warrant].
Who Can Register An FIR ?
Any person who has knowledge about the commission of a cognizable offence may register an F.I.R. with the police. Such person may be:
Different aspects of a FIR are listed below:
Nature and right
Time
Where to Register an F.I.R.?
The entire territory of India is divided into various police stations that exercise jurisdiction over a particular territory. An F.I.R. can be registered in the police station that has jurisdiction over the place where the offence has allegedly been committed.
For example, if somebody snatches away Neha’s mobile phone while she is walking on Shivaji Marg in North Campus of University of Delhi, she can lodge an F.I.R. in the Kamla Nagar Police Station- since Shivaji Marg falls within the territorial jurisdiction of the Kamla Nagar Police Station.
Many victims who have not faced legal proceedings ever in their life, are unaware of such proceedings and provisions provided by law. Due to lot of complain and misuse by Police and powerful corrupt people, Zero FIR concept is highly popular among People for prompt action and justice.
Click here to view: FORMAT OF FIR
The concept of Zero FIR :
The concept of zero FIR came after the Nirbhaya case of December 2012, On January 18, 2013 after strong protests by the citizens of India.
The provision of Zero FIR came up as a recommendation in Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013 after the heinous Nirbhaya case of December 2012.
The provision of Zero FIR :
If you are not sure about the police station that exercises jurisdiction over the place of the offence or you cannot go to that police station for some reason, you can register the F.I.R. at the nearest police station. A FIR can be filed at any police station irrespective of place of crime and area of jurisdiction. This provision is for everyone . When in trouble Men and women will be benefited equally. Such police station can then forward the F.I.R. to the police station that has the jurisdiction to investigate the case.
The procedure of Zero FIR:
The concept Zero FIR is an applaudable effort for ensuring that the procedure of investigation in motion starts without wasting much time. When the victim files a FIR, if it becomes apparent that the crime was committed outside the jurisdiction of the police station, then a FIR is lodged by the police under the serial numbers “00”. It is then transferred to the concerned police station under which the case falls so that investigation process starts swiftly [Clause (e) of Section 460 of the Criminal Procedure Code]. Zero FIR allows the authorities to think about the initial action that they should take rather than trying to figure out what had happened at the crime scene initially. One great advantage is that the victim is not compelled to run from pillars to post, her complaint is lodged considering her statements to be gospel truth.
For example, if an offence is committed within the jurisdiction of the Kamla Nagar Police Station and you approach the Lajpat Nagar Police Station, an F.I.R. (called “zero F.I.R.” because it is not numbered at the Lajpat Nagar Police Station) should be registered at the Lajpat Nagar Police Station. Later, the Lajpat Nagar Police Station can transfer the F.I.R. to the Kamla Nagar Police Station where it will be numbered. Thus, the police cannot refuse to register an F.I.R. on the ground that the offence was not committed within their jurisdiction.
Refusal to record Zero FIR
Registration in case of woman
Impact of Zero FIR:
The report against The self-proclaimed Goodman Asaram Bapu was booked under Zero FIR. The complaint about the crime committed in Jodhpur was lodged in Delhi by a minor girl who hailed from UP.
On August 21 Delhi Police then booked Asaram under the charges of rape and wrongful confinement. The case was later transferred to Jodhpur police, where the actual crime took place.
Why it is needed:
Conclusion:
The Zero FIR is a free jurisdiction FIR. It was introduced in order to avoid the delay in filing the crime that adversely impacts the victim. The government should run campaigns to make people aware of such provisions and peoples should also show more concern about knowing their rights as well as when & how to use them.
“Silence is Ignorance, Ignorance is crime , Say Yes to Justice”
Know your rights, citizens!
The Supreme Court today asked the Delhi High Court to decide within two months the plea of a death row convict seeking commutation of his sentence to life imprisonment on the ground of delay to decide read more
The Supreme Court today asked the Delhi High Court to decide within two months the plea of a death row convict seeking commutation of his sentence to life imprisonment on the ground of delay to decide his mercy petition.
A bench comprising Justices Dipak Misra and R Banumathi passed the order after taking into account the submission of Attorney General Mukul Rohatgi who said if the apex court would go into the legal issues concerning jurisdiction of high courts the delay would benefit the death row convict.
The apex court’s direction came while disposing of the transfer petition of the Chhattisgarh government which alleged that the Delhi High Court has no jurisdiction to stay the execution of a man held guilty of murder of five persons, including two children, in 2004 in its territory.
The high court in its December 6, 2016 order had said the rejection of mercy petition by the President “does give rise to a cause of action at Delhi”.
It had on March 2, 2015 stayed the execution of Sonu Sardar after which the Chhattisgarh government approached the Supreme Court challenging its jurisdiction to hear the matter.
The state government had told the apex court that the high court had no jurisdiction to stay the execution of convict Sonu Sardar as the offence had taken place in Chhattisgarh.
The Supreme Court had in February 2012 concurred with the findings of two courts below and upheld the punishment. His mercy petition was also dismissed by both the state Governor and the President of India.
In February 2015, the apex court had also rejected his review plea.
Sardar in his plea before the high court had contended that there was a delay of two years and two months by the President in deciding his mercy plea.
He had also sought commutation of his death sentence to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in “solitary confinement illegally”.
Sardar, along with his brother and accomplices, had killed five members of a family, including a woman and two children, during a dacoity bid in Chhattisgarh’s Cher village on November 26, 2004. The trial court had awarded death penalty to him which was upheld by the Chhattisgarh High Court.
source : http://www.legalindia.com/news/decide-death-row-convicts-plea-2-monthssc-hc
Arvind Kejriwal is a young man in hurry, may face 'criminal charges': Najeeb Jung Read more at:http://economictimes.indiatimes.com/news/politics-and-nation/arvind-kejriwal-is-a-young-man-in-hurry-may-face-criminal-charges-najeeb-jung/articleshow/56481115.cms
Arvind Kejriwal is a young man in hurry, may face 'criminal charges': Najeeb Jung
The best lawyers comprehend the matter of law all in and out but they may overlook that people outside of law might not have the similar level of knowledge and information. This absence of comprehension read more
The best lawyers comprehend the matter of law all in and out but they may overlook that people outside of law might not have the similar level of knowledge and information. This absence of comprehension for the matter of law and the legal procedures can make a feeling of dread and nervousness in potential clients. That is the reason you should find a way to teach potential clients before they enlist you. So, it is essential to build a relationship with a potential client to gain trust.
Prior to a customer enlist you as a lawyer, they are a stranger searching for answers or solutions to their legal issues, and like most people do, they search for their answers online via search engines like Google, Bing, Yahoo etc., various social media platforms, and forums. It's dependent upon you to end up distinctly that reference point of information if you want to be one of the first individuals they consider working with. Following are the few tips on the best way to teach clients before they employ you:
Website – Having a one or few pages static website (Sample of a one page website) with is a decent start with information about your qualifications and experience as an advocate, practice areas Try not to be bashful about the information you give. Giving some social confirmation is additionally profitable to your site to demonstrate that your practice is fruitful.
Social media – Your presence on every social media website is not essential, but you should be present on the websites that your clients visit frequently. For example, if you’re a divorce lawyer, you might want to have a Twitter or Facebook account that posts frequently about the processes related to divorce. While you are posting information on these websites, you should also consider clever Hash Tags around your practice area like #FAQDivorce. You can also look for related hash tags and be encouraged to create a new substance. I suggest you should post at least once a week on all social media accounts.
Blog –A good legal counselor’s blog should include precious and significant information about their practice areas, experience, and research they have been done during their legal journey which is relevant to clients and a client can correlate their issues and themselves with the content written in the blog. Blog should be updated on a regular basis at least couple of times in a month and it should also be embedded on a website. For example, if you’re a divorce lawyer, make it a point to post blogs about recent changes in divorce law or important cases that potential clients should know about it. Once again, don’t be afraid to be generous with information.Potential clients can find information anyplace yet it's your skill as a lawyer that you're truly offering.
Videos – Video has turned into an extremely famous approach to share information on the web. Video permits you to visually share information and makes it is an easier tool to explain complex concepts. Create some high-resolution videos answering the most frequently asked questions related to your practice area. Your videos should incorporate clean illustrations, charts, graphics and graphs, and the audio should be clear and free from distortion. The quality of your video will be the reflection on the quality of your legal services and work.
If you effectively educate your potential clients, you will set the stage to attract more clientele to your law firm.
if the name Bikram Choudhury doesn't remember a bell, maybe hot yoga will. The founder of the Bikram yoga, or hot yoga as it is popularly known, Bikram Choudhury, has lost the case his former legal read more
if the name Bikram Choudhury doesn't remember a bell, maybe hot yoga will. The founder of the Bikram yoga, or hot yoga as it is popularly known, Bikram Choudhury, has lost the case his former legal head filed against him, and has now been stripped of his empire and ordered to hand over his fleet of luxury cars.
The 70-year-old yoga guru was followed by celebrities like Madonna, and David Beckham, and became an international phenomenon in the 1970s when he introduced Bikram yoga in California. Last January, he lost a case which was brought by Minakshi Jafa-Bodden, the former head of his legal team. Jafa-Bodden claimed that Choudhury was a sexual predator who preyed on his young female devotees. She alleged that she was wrongfully dismissed because she was investigating cases of sexual harassment and assault against him.
Image Source
Jafa-Bodden joined the company as head of Choudhury's legal team in 2011, leaving behind a career in international litigation. Speaking to The Mail, she said, “Bikram is no longer the boss of Bikram Yoga. I am. I've been to hell and back, but the jury has spoken. Bikram has tried to conceal assets and has fled America, but justice will be done.” She has been awarded $6.4 million by the Los Angeles superior court, and with legal costs, the amount goes up to nearly $6.7 million. Jafa-Bodden will receive all 700 franchised Bikram yoga studios all over the world, as well as Choudhury's fleet of 43 luxury cars, which includes 13 Rolls-Royces, eight Bentleys, and three Ferraris.
Image Source
In October last year, Choudhury gave an interview to HBO's Real Sportswhere he referred to the women who accused him of rape as “trash,” that “one drop of my sperm” cost $1 million, and that his yoga can cure “Parkinson’s disease, Aids, cancer.”
Jafa-Bodden described how Choudhury had tried to convince her to cover up his sexual abuse.
“He can be very charming when you first meet him but that didn’t last,” she said. “There were allegations of rape and assault. Perhaps the first complaint was a surprise but then I began to see a pattern. When I refused to cover up his alleged crimes, he became abusive, calling me a f***ing bitch.
He would sit on a throne at the front of this vast room filled with trainees. There would be a girl stroking his hair, another massaging his back and another stroking him under orange towels that would be placed on his lap. It was disgusting but it was a daily occurrence. He is a cold, calculating predator. I witnessed him routinely abusing that power, often with the most vulnerable students. These were young women who looked up to him as a spiritual guru. They loved him. And he took advantage of that in the most heinous way imaginable.”
Image Source
All the employees of the empire have been sent letters informing them of the change, and Jafa-Bodden's legal team is, at present, trying to locate his property all over the world, so her lawsuit can be settled. This includes a diamond-encrusted watch worth £1 million, as well as all his luxury cars, which have all gone missing. Choudhury's garage manager has been summoned by the court to explain why the cars were removed from a vehicle compound in violation of court orders. The garage manager, who is allegedly a family friend of Choudhury's, is claiming ignorance of the vehicles' location, even though Jafa-Bodden's lawyers claim to have photographic evidence of him being complicit in their removal.
Minakshi Jafa-Bodden | Image Source
Jafa Bodden said, “I started off working for him and I ended up with his company. In a million years I never imagined that would be the outcome. Now I want to sell what we can so I can get my money and move on with my life.”
Mark L. Shane, Choudhury's lawyer, has not commented on the judgement.
by Shahana Yasmin 02 January, 2017
By: PTI | Jabalpur | Published:January 7, 2017 7:06 pm Chief Justice of Madhya Pradesh High Court Rajendra Menon on Saturday said children’s issues should be dealt according to their read more
Chief Justice of Madhya Pradesh High Court Rajendra Menon on Saturday said children’s issues should be dealt according to their rights.
The acting Chief Justice of Madhya Pradesh High Court Rajendra Menon on Saturday said children’s issues should be dealt according to their rights. “Children’s issues should be dealt within the framework of their rights,” Menon said at the inaugural session of the two-day Juvenile Justice Conference organised by Madhya Pradesh High Court and UNICEF in Jabalpu“Judiciary should interpret the law and deal with issues of children connecting with ground reality,” an UNICEF release quoting the Chief Justice said. MP Juvenile Justice Committee Chairperson and High Court Justice J K Maheshwari said, “Juvenile Justice is the prime duty of the state.” Manish Mathur, officer-in-charge UNICEF, Madhya Pradesh appreciated leadership of High Court in taking up the issue of justice for children, the release said.
In his address, Mathur touched upon the critical bottleneck like coordination among stakeholders, delayed and poor funding, weak monitoring and weak capacities to address issues of Juvenile Justice, the release added.
PTI LAL RMT 01071838
Source : http://indianexpress.com/article/india/childrens-issues-should-be-dealt-according-to-rightscj-menon-4463784/
Tour de Arbitration Event Date: 1-5 March, 2017. Place: London, U.K. The organizers The Centre for Advanced Research in Dispute Settlement (CARDS) is an initiative under the aegis of D.S. National Law read more
Tour de Arbitration
Event Date: 1-5 March, 2017.
Place: London, U.K.
The organizers
The Centre for Advanced Research in Dispute Settlement (CARDS) is an initiative under the aegis of D.S. National Law University, Vizag, India poised to serve for the Study of Arbitration and as an education & research symposium for individuals interested in Dispute Resolution.
The Network for International Law Students (NILS) is an international, independent, non-political, non-profit organisation, run by and for law students.
About the Study Tour.
• This Study tour is tailored to provide you with a practical learning of international commercial, investment arbitration and other forms of Alternative Dispute Resolution;
• Opportunity to meet & interact with lawyers and professors of international arbitration;
• Opportunity to visit Law Schools of U.K.
• Interaction with law Students from across the globe;
• Learn about prospects in pursuing higher legal education in U.K.
•Certificate of completion
• Visit to LCIA, Law Firms, Inns of Court etc.
• Career in UK Workshop.
Fees:
Independent package: 600 GBP (For National and International Participants)
Tuition Fee
Access to conferences, seminars sessions and study visits.
Accommodation, food and scheduled city-transport within London from February 28 – March 06, 2017
All inclusive package: 1000 GBP (For Indian Nationals)
Tuition Fee
access to seminar, conferences etc.
Economy class two-way air tickets from selected Indian airports to London.
accommodation, food and scheduled city-transport within London from February 28 – March 06, 2017.
Register here:
https://docs.google.com/forms/d/e/1FAIpQLSfou5pYze8T8YVvHv-x_eh5l_bTQcfMaKSnFuTngr6bbS7YSw/viewform
Eligibility:
• Should be enrolled in a school of law;
• Should be proficient in speaking and understanding English;
• Must have received a Non Objection Certificate from his/her college for the tour;
• Must have basic prior knowledge of international arbitration;
• Must have consent from parents and an undertaking duly signed by them.
why join?
• This Study tour is tailored to provide you with a practical learning of international commercial, investment arbitration and other forms of Alternative Dispute Resolution;
• Opportunity to meet & interact with lawyers and professors of international arbitration;
• Opportunity to visit Law Schools of U.K.
• Interaction with law Students from across the globe;
• Learn about prospects in pursuing higher legal education in U.K.
•Certificate of completion.
• Visit to LCIA, Inns of Court etc.
• Career in UK, Workshop.
Contact:
Email:tourdearbitration@gmail.com
Web: http://www.nilsinternational.org/london-tour.html
Phone:NILS: +91 99304 90129 CARDS: +91 99597 11962
Times are not changing. Times have changed. If you hit your stride 20 years ago and are doing just fine with your Dewey decimal filing system and your computer with a 3.5” floppy drive, and are read more
Times are not changing. Times have changed. If you hit your stride 20 years ago and are doing just fine with your Dewey decimal filing system and your computer with a 3.5” floppy drive, and are not amused by Surface Pros and Twitter accounts, there are more reasons to incorporate technology than being more efficient. Your clients, especially new and potential clients, are going to expect you to be tech savvy.
What Clients Expect of You
Let’s switch roles a little bit. Imagine you are a business owner and you walk into a lawyer’s office for a consultation. You look at the law library in the conference room and you recognize it from the lawyer’s picture on the website in front of those books. The receptionist’s desk has several large stacks of paper on her desk. It looks a little disorganized. Everything on receptionist’s desk looks obsolete. You pull up the email on your phone to make sure you have the right suite number and see the attorney’s @aol.com email address that you found on his old, ugly website. At the end of the consultation, he gives you a retainer agreement and tells you to fax it to him when you’ve signed it.
You have five other attorneys on your list to talk to, and this person promises that he’s going to handle all of your legal problems.
If you read that and think, “Yeah, sounds like an awesome attorney,” let’s change perspectives again on your if-it’s-not-broke-don’t-fix-it attitude towards your old computer system. You just finished a depo and you walk down to the parking garage to get your car out of valet with the other attorneys. As you hear your 1998 Toyota Tercel coming from several hundred feet away, do you think to yourself, “My car is awesome. It does the bare minimum that I need it to do and I’ve had it for a long time and I don’t like change and other cars are too expensive” or “Man, I need a new car”? Your [computer system/email address/etc.] is that 1998 Toyota Tercel, and just as your lawyer friends would expect you to have a better car, your clients are going to expect you to have a better infrastructure to run your incredibly smart analytical brain.
Take a look at this article from Fortune Magazine about how 70% of big businesses will support the transition to paperless if they are not there already. Or this article about how 60% of Fortune 500 companies are using electronic signatures to boost productivity, while you are printing, signing, faxing, waiting for a fax confirmation sheet, and filing away the fax confirmation sheet. Last month, the United States Department of Defense entered into a $145 million contract with Adobe to use its document cloud, creative cloud, and experience manager forms software – all tools for automating paperless document processes. In short, the world is already on board and they will respect you more if you are too because it shows that (1) you work efficiently and (2) you will be able to work efficiently with them when they send you an FTP link or a Dropbox link to transfer files instead of having to deal with FedExing or faxing or sending by courier. Or to make it simple you cam also use STARLegal automation system for Lawyers.
What You Can Do
Take some time this year to do a tech audit of your office. Look at how you are storing files, how you are marketing yourself, and what kind of a first impression you are making on sophisticated clients who are probably years ahead of you in technology. If you can’t do it yourself, get some outside help. Not only will you make a better first impression, but you’ll work more efficiently too.
About the Author : Jeff Bennion is a solo practitioner at the Law Office of Jeff Bennion. He serves as a member of the Board of Directors of San Diego’s plaintiffs’ trial lawyers association, Consumer Attorneys of San Diego. He is also the Education Chair and Executive Committee member of the State Bar of California’s Law Practice Management and Technology section. He is a member of the Advisory Council and instructor at UCSD’s Litigation Technology Management program. His opinions are his own. Follow him on Twitter here or on Facebook here, or contact him by email at jeff@trial.technology.
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SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON