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advocatepankajsbajaj@gmail.com
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Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
You're likely to need a lawyer at some point in your life. Perhaps you're getting divorced and need someone to protect your interests, or you've been injured in a car accident and need help getting the read more
You're likely to need a lawyer at some point
in your life. Perhaps you're getting divorced and need someone to protect your
interests, or you've been injured in a car accident and need help getting the
insurance company to pay up. No matter the reason, knowing which type of lawyer
to hire can be challenging. Here's a quick rundown of the five most commonly
needed types of lawyers and when you might need them:
Whether you're getting divorced, dealing with child custody
issues, or trying to adopt a child, a family lawyer can help. Family lawyers
know the ins and outs of the law as it relates to families, so they can help
you understand your legal rights as a spouse or parent and make sure that you
get the best possible outcome. They can also provide emotional support during
what is often a difficult time. If you're dealing with a family legal issue,
find a qualified lawyer to help you.
Employment lawyers are the best choice for
anyone with problems at work. If you've been the victim of discrimination or harassment, or if you have disagreements with
your employer about your contract or job duties, an employment lawyer can help.
They can also help if you've been wrongfully terminated from your job or have
problems getting paid what you're owed. Basically, if anything at work isn't
going your way, an employment lawyer is the best person to call.
You will need a personal injury lawyer if
you've been injured in an accident that wasn't your fault. These lawyers
specialize in getting you the compensation you deserve for your pain and
suffering. They know how to deal with insurance companies and are not afraid to
take your case to court if necessary. Personal injury lawyers work on a
contingency basis, they only get paid if you win your case.
If you have been injured at a New York City
construction site, you should seek out a New York personal injury lawyer with
experience handling construction site accidents. There are many attorneys in New
York, so it is crucial to research and find the right one to get the
compensation
If you're ever unfortunate enough to find
yourself on the wrong side of the law, you'll want a criminal lawyer in your
corner. Criminal lawyers are experts in criminal law and know how to navigate
the often complex legal system. They can help you to understand the charges
against you and take you through the entire process of
defending yourself. They can also work to get the charges reduced or dropped
entirely. In some cases, they may even get you a not-guilty verdict.
Estate planning lawyers specialize in helping
people create plans for what will happen to their assets after they die. This
can include creating trusts, drafting wills, and advising on tax and
probate issues. They can also help you plan for incapacity so that your assets
will be managed according to your wishes if you become incapacitated.
If you have significant assets or a complex
family situation, you may need the help of an estate planning lawyer to make
sure that your wishes are carried out after you die. That way, your loved ones
will know your wishes and not have to guess what you would have wanted.
It's important to find the right lawyer for your legal needs. The right lawyer can make all the difference in getting the outcome you deserve. Do your research and find an experienced attorney who will fight for your rights every step of the way.
Regards,
Adv. Sonia Rajesh
www.lawyersonia.com
FREQUENTLY ASKED QUESTIONS (FAQs) ON CHEQUE BOUNCE CASES What legal action can be adopted in response to a bounced or dishonoured cheque? A criminal prosecution under Section 138 read more
FREQUENTLY ASKED QUESTIONS (FAQs) ON CHEQUE BOUNCE CASES
A criminal prosecution
under Section 138 of the Negotiable Instruments Act against the drawer of the
cheque can be initiated by the payee or holder of the cheque. Also, a civil
case for recovery can be simultaneously filed.
First, the cheque's
owner (payee) must send a demand notice to the cheque's drawer within 30 days
of learning that the cheque was dishonoured from its bank, either directly or
through a lawyer, requesting that the cheque's amount be paid within 15 days
of receiving the intimation or demand notice. Second, the holder of the check
or payee may proceed to file a criminal case in court if the drawer does not
make the payment within the specified 15 days following receipt of the
notification or demand notice of the dishonour of the cheque.
In the case of
DasrathRupsingh Rathod (Crl. Appeal No. 2287 of 2009), The Hon.Supreme Court
determined that the Territorial Jurisdiction for Cheque Dishonour is with those
Courts, within whose local jurisdiction the offence was committed, i.e., where
the cheque is dishonoured by the bank on which it is drawn. Additionally, if
the check is delivered to the bank for payment, the complaint should be brought
before the court where the drawer keeps his account.
According to the Supreme
Court of India, the nature of the transaction will determine whether a
post-dated cheque is for "discharge of debt or liability." The
Section is attracted and not otherwise if a liability or debt exists on the
date of the cheque or if the amount has become lawfully recoverable. Despite
the use of the word "security" in the agreement, dishonour of such
cheque would be subject to Section 138 of the Act once the loan was disbursed
and instalments were due on the date of the cheque in accordance with the
arrangement.
The following situations
prevent a bounced cheque from constituting an offence:
1. When a cheque is
provided in advance.
2. When the cheque is
used as collateral.
3. The difference
between the amount stated in words and in numbers.
4. The drawer must
certify any changes made to a cheque.
5. If a damaged cheque
is discovered.
6. When a cheque is
submitted to a charitable trust as a gift or donation.
First, where a cheque is
provided as payment for a debt. Second, the cheque in question is dishonoured
due to insufficient funds, an account closure, the drawer stopping the payment,
or similar circumstances. Thirdly, despite receiving the demand notice, the
cheque’s drawer does not pay within 15 days of receiving the notice.
The Hon’ble Supreme
Court of India in the case of M/s Meters and Instruments Pvt. Ltd. v.
Kanchan Mehta held that the court has the authority to end the proceedings
in accordance with Section 143 of the Negotiable Instrument Act read with
Section 258 of the Criminal Procedure Code if the cheque amount, along with
interest and costs assessed by the court, are paid by a specific date.
Yes, the Court has the
authority to end a lawsuit in a matter involving a bounced cheque without the
complainant's permission. The amendment in the year 2002 made the offence
compoundable and hence the accused in the first or the second hearing can make
an application for compounding of offence in which the court ought to allow the
same.
Yes, a single complaint
may be filed for the dishonour of multiple cheques under Section 220 of the
Criminal Procedure Code of 1908, although it is preferable to file separate
complaints for the dishonour of multiple cheques in accordance with Sections
218 and 219 of the Code of Criminal Procedure.
In the case of
OswalFinlease Private Limited v. State of Rajasthan &Anr, the Hon'ble High
Court of Rajasthan declared that no individual could be punished for a genuine
error; as a result, a complaint under Section 138 of the NI Act can be
modified.
Reference:
*****
How to Start Online Business – Online Fake Jobs Online shopping has picked up a desirable pace in this growing digital world. The concept of digital India has certainly opened manifold opportunities, read more
How
to Start Online Business – Online Fake Jobs
Online shopping has picked up a
desirable pace in this growing digital world. The concept of digital India has
certainly opened manifold opportunities, and platforms for e-commerce
businesses and various online shopping websites have successfully thrived. Lately,
because of prevailing reasons such as enlargement in technology, easy access,
convenience and comfort, and many more. Although these are some of the
rationales justifying the golden side of e-commerce websites, there are
multiple considerable aspects in which it can certainly be a drawback for the
economy and the public in general. In simpler words, online shopping
applications and websites under the e-commerce fraternity are the marketplaces
for retailers and consumers. Hence, it seemingly attracts some provisions and
laws abided rules which can also be considered safety protocols for consumer
safety.
Need for
legal compliance for E-Commerce Websites
Online shopping is now quite
prevalent in metropolitan cities because of its convenience and broader
options. But buyers are left disappointed or cheated in numerous instances as
well. Many e-commerce consumers have been filing complaints at consumer
forums/boards as dictated by Pratima Narayan, a lawyer on e-commerce who has
expertise in consumer law. She adds that these complaints are registered under
the Consumer Protection Act of 1986. The Act applies in endorsement of the
safety of e-commerce consumers. However, there stand many more legal issues
concerning mobile e-commerce applications. Besides the laws that are supposed
to be adhered to by every company in India to be legally competent, like the
service tax Act, Companies Act, and Income Tax Act, online shopping
applications under e-commerce websites are required to adhere to IT Act,
Copyright Act, Patents Act, etc. Basic legal requirements for the mobile
app-based business comprise various legal obligations such as app charges, app
platform, data security, trade secrets, employee handbook, vendor agreements,
and many such, which are crucial tools developed for maintaining safety
standards and authenticity of the -commerce business.
Besides, all mobile applications
require terms of use as disclaimers and privacy policies obtainable to their
users and consumers, which is obliged as part of the intermediary regulations
as per IT Rules, 2011. Moreover, a grievance officer's name and contact details
are a legal mandate for online e-commerce companies.
Legal
framework for e-commerce websites in India
1. Consumer Protection Act, 2019
2. Information Technology Amendment
Act, 2000
3. Policies laid down by regulatory
bodies like the Reserve Bank of India, Indian Medical Association (IMA), etc.,
rely on the product/service traded. For example, IMA regulations will apply in
subjects where medicines are sold online.
Following are the other legal
compliances that online shops must follow:
·
User Data Protection (GDPR)
·
Legal notice and information of the business/company
·
Cookies policy
·
Privacy policy
·
Cyber security in payments
·
Unambiguous navigation and UX
·
E-commerce contract
·
Consent to Communications Intellectual property rights
·
E-commerce rules as per the payments and systems settlements
Act, 2007
Court
precedents
·
G Surrarchita Reddy Vs Flipkart Internet Private Limited
The case was filed with the District
Consumer Disputes Redressal Commission. The case highlighted the provisions of
Sec 79 of the Information Technology Act, 2000, the Copyright Act, 1957, The
Trade Marks Act, 1999, and the Sales Of Goods Act, 1930. In this case, the
issue addressed also pertains to the non-delivery of the product ordered by the
plaintiff /complainant and the revocation of the same by the e-commerce
platform without the consent of the customer/ plaintiff. It was further noted
that sec 79 of the IT Act is not applicable in the given case.
The moment any e-commerce buyer or
consumer places an order for a product on the e-commerce website or an
application, there is an implied service contractual obligation on the
e-commerce platform, and it goes without saying, despite terms of use and
disclaimer policy. Thus, it imposed liability on the e-commerce platform for
not meeting the standard delivery norms timeline and for negligence and
misconduct. Provided facts, issues, and findings, the opposite party was
ordered to pay 1000/- as a compensation claim and 1000/- for the litigation
expenses incurred.
·
Fashnear Technology Private Ltd Vs Meesho Online Shopping
Pvt Ltd & ANR
The case pertains to e-commerce
frauds carried out by using the domain name of this online shopping
application. The owner of the website or the complainant has filed a suit, and
the court observed that the plaintiff's original domain name had been infringed
and various illegal activities were being carried out on the company's name.
Further investigation by the court ordered for the blocking orders of those
fake domain names and to ensure that no other fake domain in the name of
"Meesho" is registered or manipulated by them, considering consumer
safety as a priority.
Further, a thorough investigation
considering similar aspects revealed that there had been numerous other cases reported
where the original/ registered domain name of the website was infringed and being
operated fraudulently and Customers and the public at large are being tricked
and cheated.
Online
Fake Jobs
Many websites offer online jobs but
most of them are fake. Then they issue legal notices through their fake
advocates. The online employers threaten the young unemployed and extract
money. The victims need not worry about it. They may either ignore such legal
notices, WhatsApp messages or approach the nearest police station and lodge
complaints. The unemployed youth must be very careful while accepting such
online jobs. They cannot do anything but the unemployed youth pay the online
employers small amounts as penalties, fines for violations or non complying the
rules and regulations of such employers.
Conclusion
However, the growth of e-commerce
businesses and online shopping applications like Myntra, Urbanic, Flipkart,
Amazon, and many more are quite evident in India. Numerous big industries are
also investing in such marketplaces in India, leading to both positive and
negative aspects. On the flip side, E-commerce fraud is increasing, including
credit/ debit card fraud, cybersquatting, hacking, online shopping and auction
deception on-delivery of the product, default in payment, receiving a cheap
quality product, and failure by such e-commerce websites and shopping sites to
disclose the relevant information and terms of sale. As a user, you can
consider security measures while shopping online through any e-commerce website
or application. You can check whether the website has encrypted protocols and
certificates to prove vendors' identity, confidential and authenticated
service, and 3-D security protocols to secure online payment via debit and
credit card. Nonetheless, buyers must research the website before indulging in
any interaction or putting in personal information and before ordering a
product.
*****
A big fanfare, hoopla and hullabaloo is being created at present on the social media in India over the resignation of the well known Hindi journalist Ravish Kumar (winner of the Magsaysay award) from read more
The Indian media seems to have forgotten its duty to the nation. Instead of being a representative of the people, it has largely become a representative of the Establishment. Instead of being the Fourth read more
Millions of people are injured each year as a result of injuries they have suffered due to the negligent actions of another. Common personal injuries include slips, trips and falls, road traffic accidents, read more
Millions of people are injured each year as a result of
injuries they have suffered due to the negligent actions of another. Common
personal injuries include slips, trips and falls, road traffic accidents,
medical errors, workplace accidents and defective products. According to the National Safety Council (NSC), 11.7 million people were
treated in emergency departments for consumer product-related injuries in 2021.
Many of these injuries involve everyday products such as household cleaning products, televisions and even beds.
If certain conditions are met, the injured party may have
sufficient grounds for filing a personal injury claim. Personal injury law
allows the injured person to file a civil lawsuit seeking a legal remedy for
the harm or losses they suffered. This monetary award, known as damages, can
compensate a person for their medical expenses, loss of income, pain and
suffering, and more.
Most personal injury claims are settled out of court meaning the dispute is
settled without the intervention or determination of the courts. If you have
suffered a personal injury an experienced personal injury lawyer can help you navigate your
claim to ensure you receive a fair and full settlement. In this article, we
will discuss some helpful tips to ensure you maximize the amount of
compensation you are entitled to during negotiations.
Have
a Figure in Mind
Before
you begin negotiations with the other party, their
insurer or legal representative, it is advisable to have a figure in mind
representing the value of your claim. This will aid your negotiations by
setting a minimum amount that you are willing to accept.
In order to determine your figure, include
out-of-pocket expenses such as property damage, lost earnings, doctor’s bills
and travel expenses to and from appointments. Intangible, or non-economic
damages, such as emotional distress, pain and suffering and loss of enjoyment
of life should also be factored in.
Do
Not Take the First Offer
Negotiations
in personal injury settlements can often be lengthy with offers and
counter-offers being commonplace. A bottom line figure can act as a guide
regarding what you are entitled to.
Many insurance companies will begin with a very low settlement offer. This is a
common strategy used to assess the claimant’s appetite for negotiations and
whether they understand the true value of their claim. Upon receiving an offer,
make sure to measure this against the value of your claim to determine its
reasonableness. If it is too low, return with a counteroffer stating why the
sum should be higher based on the facts of your case.
Ask
Them to Justify Their Offer
Where
the initial offer is unacceptably low, rather than responding with a
counter-offer, ask the other party to justify their rationale for their offer. This can reveal whether they are
simply trying to reduce the amount they have to
pay out or whether they have legitimate reasons for doing so.
By countering their response based on your estimates
they will realize your understanding of the claim and their need to respond
reasonably with supporting evidence for their offer.
By following the guidance in this article you can
ensure you receive the maximum amount of compensation you are entitled to for
your injuries.
MUTUAL DIVORCE: SECTION 13-B OF HINDU MARRIAGE ACT CONSEQUENCES OF BREACH OF MUTUAL DIVORCE TERMS According to Section 13-B of the Hindu Marriage Act, the husband and wife must jointly file read more
MUTUAL DIVORCE: SECTION 13-B OF HINDU MARRIAGE ACT
CONSEQUENCES OF BREACH OF MUTUAL DIVORCE TERMS
According to Section 13-B of the Hindu Marriage Act, the husband
and wife must jointly file the petition in the Family Court with jurisdiction
to grant the divorce by mutual consent. The terms of getting a divorce by
mutual consent and filing for divorce are specifically mentioned in the
statute.
Regardless of whether the marriage was consummated before or after
the Marriage Laws (Amendment) Act, 1976 (68 of 1976), both parties to the
marriage may jointly petition the district court for the dissolution of the
marriage by a decree of divorce on the grounds that they have been living apart
for at least one year, that they are unable to cohabit, and that they have
mutually decided that the marriage should end.
If the petition is not withdrawn in the interim, the court shall
issue a divorce decree upon the motion of either party made not earlier than
six months after the date of the presentation of the petition referred to in
subsection (1) and not later than eighteen months after the said date, if the
petition was not withdrawn in that time.
The points to be included in the Mutual Divorce Petition:
Jurisdiction of the Court under whom the Mutual Divorce Petition
is filed:
Section 19:Court to which petition shall
be presented. Every petition under this Act shall be presented to the district
court within the local limits of whose ordinary original civil jurisdiction
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the
presentation of the petition, resides, or
(iii)the parties to the marriage last resided
together, or
(iiia) in case the wife is the petitioner, where
she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of
the presentation of the petition, in a case where the respondent is, at that
time, residing outside the territories to which this Act extends, or has not
been heard of as being alive for a period of seven years or more by those
persons who would naturally have heard of him if he were alive.]
Stages Under Mutual Divorce Petition:
Stage 1: Before filing the divorce petition, there must be a
one-year separation period. However, in cases of extreme hardship, the court
may grant a suspension of this time by filing the proper forms.
Step 2: Preparation of a settlement agreement between husband and
wife.
Step 3: At the court stage, filing a joint petition in accordance
with Section 13 B of the Hindu
Marriage Act and including affidavits from both the husband and
the wife.
Step 4: First Motion statement is recorded.
Step 5: Cooling Off Period of 6 Months
Step 6: Second Motion statement is recorded
Step 7: Divorce Decree granted
Re
Reference:
1. https://www.legalserviceindia.com/legal/article-7424-mutual-consent-divorce.html
3. https://blog.ipleaders.in/mutual-consent-divorce/
4. https://www.legalserviceindia.com/legal/article-1594-divorce-by-mutual-consent.html
5. https://vakilsearch.com/blog/things-to-know-before-filing-mutual-consent-on-divorce/
*****
When you are searching for any service or products in the internet you read and depends upon various reviews and ratings available in various ecommerce site or portals. Now you can imagine if the reviews read more
When you are
searching for any service or products in the internet you read and depends upon
various reviews and ratings available in various ecommerce site or portals. Now
you can imagine if the reviews or ratings are false, fake or fraud then you
will be cheated. The sector which is most affected by Travel and Tourism,
restaurant and consumers durables.
In order to
stop the menace, from 25th November, 2022 as per standard on Online
Consumer Reviews and Ratings introduced by Bureau of Indian Standards, every ecommerce
site has to disclose their paid or sponsored reviews or ratings so that people
are not confused or misinformed.
If any
portal fails to comply the above standards, it will be taken as unfair trade
practice and liable to pay compensation as per Consumer Protection Act.
India is the first country to introduce these standards. The website who will provide details of the paid or sponsored reviews will be given a certificate.
How to select a Lawyer and Change of a LawyerIntroduction: The Indian legal profession is one of the broadest and most dignified professions globally. Current records indicate that there are around 1.4 read more
How to select a Lawyer and Change of a Lawyer
Introduction: The Indian legal profession is one of the broadest and most dignified
professions globally. Current records indicate that there
are around 1.4 million enrolled advocates worldwide. However, this data cannot
assist enough when finding a good lawyer. There are multiple conception-based
reasons for the number of advocates available and the substantial scenario that
persists. The Bar Council of India, in one of the statements, said that
one-third of the profession is fake and, subsequently, commands real lawyers in
the profession to stand on this issue. Though there is a shortage of lawyers in
India as opposed to the number of lawsuits filed and pending, the necessity and
demand are growing larger. There are numerous ways by which people connect with
lawyers. A few include online research on legal services sites and references
by friends and relatives. But, what clients must note while selecting a lawyer
is inspecting some essential factors and educating themself. Here we have
elaborated on some of the crucial traits you need to check and educate yourself
on as a client to find a good lawyer.
Types of advocates and who are advocates and lawyers
In India,
people generally deem lawyers and advocates the same. However, advocates are
lawyers; not all lawyers are advocates or attorneys. An advocate has learned
the law and has a license to practice law. The term advocate is prescribed and
defined under Sec 2 (1) (a) of The Advocates Act, 1961. Thus, only advocates
can fight in court on the client’s behalf. Furthermore, a qualified lawyer can
help you counsel and advise you on legal issues you are stuck with and the
documentation therein. They are drawing up legal papers and documents related
to wills, divorces, contracts, real estate and mediating disputes.
Crucial points to remember while appointing a lawyer:
Identifying the legal issue
You must
identify your legal issue correctly, especially in the case of civil lawsuits.
Identifying your issue will help you get a specialist lawyer to help you better
deal with the problem with the proper techniques to tackle and resolve the situation
immediately. Suppose you are finding a defence lawyer to get disposed of a
criminal charge. In that case, you must trust a specialist in the domain who
can take up essential responsibilities on your behalf in the court
proceedings.
Consider the appropriate level of experience in similar cases
It is impossible
to hire a specialist lawyer for everyone but it is better if you go for a
lawyer and an advocate with some experience. Whether your problem is severe or minor,
the lawyer should understand the problem with the desire to give you the best
possible legal advice and service, along with consultation with genuine
intentions.
Assess the communication skills and professionalism of the lawyer
These are the
most crucial traits of a good lawyer. You can examine these skills by how they
talk with you, their time for a response, and their professionalism.
Professionalism is one of the ideal qualities of a good lawyer with whom you
can share confidential information and documents.
Conduct thorough research on their record
A good lawyer
always retains a fair identity and a transparent background. You can check
whether the lawyer you are opting for has any criticisms of misconduct, faulty
and unclear fee structure, disloyalty, etc., from their former clients.
Discussing potential costs and the fee structure clearly
Keep a
professional and transparent legal relationship. As aforesaid, your lawyer
should be a good communicator in discussing all the vital aspects indulged in
the process. He must provide you with an outline of how they will handle your
case, what and how will they determine the fees for the legal advice, expenses
incurred in the procedure and everything relating to it.
The modes
mentioned above reflect some of a good lawyer's essential and potential
qualities. Not every lawyer will be well-experienced, but you mustn't miss any
point in checking their authenticity. It doesn't matter what it means you find
a lawyer. Conducting some basic tests before choosing the one is your right,
just like you do for any other service. Because a wrong lawyer can be your
worst nightmare and will not only cause a waste of money but also delay the
process of obtaining justice which is your basic human right. Hence, getting a
good lawyer by your side is the first and foremost step in resolving cases and getting
away with legal issues with the best legal consultation and assistance.
Change of Lawyer Procedure
Order 3 of Civil Procedure Code gives aggrieved
persons the right to choose one’s pleader. Therefore
changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed
Vakalatnama to the court. Hence it is possible to change one’s pleader. In a
few cases problem arises with the case history. If the pleader fails to give it
to the client, the client can apply for the order sheet by an application to
the Court. Just get NOC (No Objection Certificate) from your previous lawyer
and engage another lawyer. If he refuse then get issue a notice by your
terminating his Vakalat/Power with immediate effect and engage another lawyer
by producing copy of such notice and postal receipt.
Complaint against a Lawyer the Provisions of Advocates Act, 1961 and
Rules framed by Bar Council of India.
A complaint against an advocate has to be in the
form of a petition. It has to be duly signed and verified as required under the
Code of Civil Procedure.
The complaint can be filed in English or in Hindi
or in a regional language where the language has been declared to be a state
language. In those cases where the complaint is in Hindi or in any other
regional language, the State Bar Council shall translate the complaint in
English whenever a disciplinary matter is sent to the Bar Council of India as
per the Advocates Act.
Every complaint shall be accompanied by the fees
prescribed in the Bar Council of India Rules.
The Secretary of the Bar Council may require the
complainant to pay the prescribed fees if the proper fee has not been paid. He
can also call the complainant to remove any defects and call for the
particulars or copies of the complaint or other documents as may be considered
necessary.
On a complaint being found to be in order, it shall
be registered and placed before the Bar Council for such order as it may deem
fit to pass.
*****
Have you ever considered why it is necessary to appoint an external member to the POSH committee?This is because they act as an unbiased, impartial, and independent party when dealing with POSH matters.Furthermore, read more
Have you ever considered why it is necessary to
appoint an external member to the POSH committee?
This is because they act as an unbiased, impartial,
and independent party when dealing with POSH matters.
Furthermore, they advise and assist POSH committee
members to ensure that their decisions are not influenced by senior management.
Some Information on Role of Internal Committee:
v To
operate as the receiving and enquiring authority for dealing and investigating
all Complaints of Sexual Harassment and to recommend appropriate action for
each Complaint as per this Policy and Applicable Laws.
v To
provide interim relief, take immediate and appropriate corrective action by
doing whatever is necessary to end or prevent any further Sexual Harassment and
make the Aggrieved Person emotionally comfortable in accordance with this
Policy and in ac-cordance with the Applicable Laws (e.g. by counselling,
providing necessary support services and so on).
v To
submit a detailed report and recommend appropriate Remedial Action in respect
of all Complaints, undertake appropriate analysis and apprise the Senior
Management of the same on a periodic / need basis.
v Make
follow-up inquiries to ensure the Harassment has not resumed or the Aggrieved Person
is not being victimised.
v To
facilitate Conciliation for settlement in accordance with Applicable Laws.
v To
ensure complete Confidentiality of all Complaints, Enquiry Proceeding in
accordance with Section 13.
v To
take a decision after the Investigations and Enquiry Proceedings against
complaints of Retaliatory behaviour against or victimisation of those involved/
associated with the Complaint or Investigation.
v To
organise, deploy and disseminate orientation and training programmes or any
other collateral such as notifications, for preventing and creating awareness
regarding the is-sue of Sexual Harassment.
v Submission of Statutory Report and comply with information requirements in the Annual Report.
Bhubaneswar, India
Altusried, Germany
DAYS
HOURS
MINUTES
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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