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Indirect Taxes/GST/VATPolice ActionIntellectual PropertyAdoni, India
#India and #Japan have a strong #bilateral relationship in the areas of defence and security, infrastructure and construction, railways, automobiles and locomotives, steel and iron-ore, forest and disaster read more
The Government of India has recently announced certain #relief measures for supporting the micro, small and medium enterprises (#MSMEs), financial institutions and other businesses, during the #Covid19 read more
The Government of India has recently announced certain #relief measures for supporting the micro, small and medium enterprises (#MSMEs), financial institutions and other businesses, during the #Covid19 crisis.
The Covid-19 Pandemic has adversely affected trade and commerce across the globe. The Government of India had declared a lockdown around 22-03-2020 to contain the spread of Coronavirus. As a result, number of businesses, especially MSMEs, were forced to shut down their operations. This has resulted in loss of income and revenue generation.
Thus, with a view to support the MSMEs, the Government of India recently introduced the following relief measures from 12-05-2020 to 14-05-2020.
To read more, please visit the link below:
The unprecedented crisis caused by the #Coronavirus #Lockdown has compelled the Justice Delivery System to take recourse to video-conferencing to deal with the crucial legal matters. The likelihood of read more
The unprecedented crisis caused by the #Coronavirus #Lockdown has compelled the Justice Delivery System to take recourse to video-conferencing to deal with the crucial legal matters. The likelihood of video-conferencing is expected to stay with Judges noticing its time-saving potential and ability to fast-track cases. However, adapting to this new technology, having virtual courts is not going to be without glitches. Introduction of any new system always has teething problems and so will this but that does not stop us from trying it.
Right now proceedings can only be viewed by the lawyers and their clients and are not available for public viewing. Many legal experts postulate that while technology is here to stay, it should not erode the rule of law. In the end, the #credibility of the court and its authority depends upon the conduct of open hearings.
The question which arises is how can courts retain public confidence in a post-pandemic world where digital pathways will have to be resorted to? One option is live streaming, which the Supreme Court itself had upheld in 2018. Justice D.Y. Chandrachud, had authorized it in the matter of Swapnil Tripathi v. Supreme Court of India, [(2018) 10 SCC 628] saying “sunlight is the best disinfectant”.
BRIEF FACTS OF THE CASE
In 2017, various individuals and groups filed #petition(s) before the Supreme Court of India under Article 32 of the Constitution. The Petition was seeking a declaration that “Supreme Court case proceedings of constitutional importance having an impact on the public at large or a large number of people should be live streamed in a manner that is easily accessible for public viewing”. In addition, the Petition also sought guidelines from the Court to enable the future determination of cases that would qualify for live streaming.
The Petitioners relied on the Supreme Court case namely Naresh Shridhar Mirjkar v. State of Maharashtra [(1966) 3 S.C.R 744] (‘Mirjkar’) wherein it was held that Article 19 of the Constitution included the right of journalists to publish reports of court proceedings. In that case the Court had emphasized “the efficacy of open trials for upholding the legitimacy, effectiveness of the Courts and for enhancement of public confidence and support”.
LEGAL ISSUES:
DECISION:
The Judgment was delivered by a three-judge Bench of the Supreme Court of India. Justice Khanwilkar delivered the majority Judgment on behalf of himself and Chief Justice Deepak Mishra. Justice D.Y. Chanrachud delivered a separate concurring Judgment.
The Bench ruled that proceedings of cases having constitutional and national importance before the #SupremeCourt should be broadcast to the public.
The Judgment is a significant decision on the concepts of Open Justice, access to public information and transparency in the judicial process. Though the Judgment only directs that certain proceedings in the Supreme Court be live-streamed for the time being, it has opened the doors for live-streaming to be extended to all proceedings in the Supreme Court, High Courts and proceedings in lower courts.
HELD
The Court held that the ability to view live broadcasts of the Supreme Court proceedings flowed from the right of access to justice in the Constitution. The Court said that this right should not be absolute. It provided a set of Model Guidelines which should govern the courts’ discretion on when such broadcast should be used.
ANALYSIS AND OBSERVATIONS ON THE DECISION
The Court requested the Attorney General for India, Mr K.K. Venugopal (AG) to collate the suggestions given by him as well as the Petitioners and submit a comprehensive note for evolving a framework, in the event the relief claimed in the Writ Petition(s) to be granted.
While generally agreeing with the Comprehensive Guidelines for live-streaming of Court proceedings in the Supreme Court suggested by the AG, the Court recorded the following observations:
The Court also pointed out the multiple reasons why live-streaming would be beneficial to the judicial system. It stated the following:
The Court concluded by reiterating that the Supreme Court Rules, 2013 will have to be suitably amended to provide for the regulatory framework. The Judgment also undertook an analysis of the situation in comparative jurisdictions and identified some common trends. Which included the following points such as requirement of a minimal delay in live broadcast, that the Court retains copyright of the broadcast, that the presiding judge retains discretion to regulate the broadcast, etc. The Court also discussed the importance of beginning with a pilot project, and the potential for exclusion from broadcast of certain cases.
Dr D.Y. Chandrachud, J. delivered a separate concurring opinion wherein he formulated Model Guidelines for the broadcasting of the proceedings and other judicial events of the Supreme Court of India.
CONCLUSION
To summarize the said Judgment, the Court conveyed that the live-streaming must not compromise the integrity of the Justice System. The majesty and decorum of the Courts must not be compromised. We can consider the various steps taken by the Judiciary after this Judgment and especially, during the Coronavirus Lockdown with regard to fair functioning of the judicial mechanism. One thing is sure, that the Judiciary is looking at a virtually efficient judicial system in India.
The Judiciary cannot afford more delays. As crucial hearings are awaited decision in cases such as the Citizenship (Amendment) Act, and the use of Money Bill amongst others. Neither can the court afford to delay decisions on important public matters which involve scams and other criminal cases.
Lakshmi Vishwakarma
Associate
The Indian Lawyer & Allied Services
Edited by
Sushila Ram Varma
Chief Consultant
The Indian Lawyer & Allied Services
In the wake of this #Covid19 crisis, it has become extremely important for individuals, professionals and #businesses to understand the concept of #forcemajeure and #frustrationofcontract. You can check read more
In the aftermath of #Coronavirus, there will be several contracts that will be breached. This #Episode deals with #injunctions as a preventive relief available to an #aggrieved party, to restrain the read more
In the aftermath of #Coronavirus, there will be several contracts that will be breached. This #Episode deals with #injunctions as a preventive relief available to an #aggrieved party, to restrain the defaulting party from doing an act or omission.
To see the Video on Law of Injunctions, please visit the link below:
Covid - 19 Pandemic Legal Intelligence.
Covid - 19 Pandemic Legal Intelligence.
Analysis of Finance Act 2020 vis-a-vis GST.
Analysis of Finance Act 2020 vis-a-vis GST.
LET’S KNOW MORE ABOUT THE REAL ESTATE (REGULATION & DEVELOPMENT) ACT,201611. WHAT IS RERA AND WHY IT IS NEEDED ?The Indian Government passed The Real Estate (Regulation and Development) read more
LET’S KNOW MORE
ABOUT THE REAL ESTATE (REGULATION & DEVELOPMENT) ACT,2016
11. WHAT IS RERA AND WHY IT IS NEEDED ?
The Indian Government passed The Real Estate (Regulation and
Development) Act (RERA) in May 2016 which aimed at protecting the interest of
buyers in the real estate sector. The Act establishes a Real Estate Regulatory
Authority (RERA) in each state for regulation of the real estate sector and for
establishing an arbitrating mechanism for speedy dispute redressal. It was
brought to action to eradicate the existing discrepancies and problems like
project delivery delays, property pricing, quality of construction, title within
the real estate sector and to facilitate transparency in the home buying
process. With RERA in place, every builder or developer is required to inform home
buyers regarding the progress of the construction, to hand over the physical
possession of the property to home buyers by the mentioned date and to abide every
rule outlined under the Act, to ensure accountability.
l 2. LETS FOCUS ON THE KEY BENEFITS OF THE REAL ESTATE ACT,2016:
· The Act has brought about more accountability and transparency within the real
estate industry by covering both the residential and commercial properties its
ambit. It aims to reduce project delays and mis-selling. Each real estate
developer needs to give a delivery date for the handover of the possession of
the said projects.
·
Before
the enactment of The Real Estate Act, 2016, builders had their own formulas to
calculate the carpet area of a property. But RERA has a standardized version on
how to calculate the carpet area. The Real Estate (Regulation and Development) Act,2016
defines carpet area under Section-2(k)
as mentioned below:
“the net
usable floor area of an apartment ,excluding the area covered by the external
walls ,areas under services shafts
,exclusive balcony or verandah area and exclusive open terrace area, but include the area
covered by the internal partition walls
of the apartment.”
With the insertion of this
definition, the builders need to clarify how much carpet area they are offering
as the price of a property in real estate in India is dependent on the carpet
area.
·
Under
this Real Estate Act, if a buyer discovers any defect or fault in the construction,
quality or provisions of the flat within 5 years after the physical possession
of the flat, such defect will be rectified by builder within 30 days at no extra
cost and on failing to do
so; the buyers will be entitled to get the compensation.
·
The
standardization brought about by Real Estate Act aims to protect the interest
of buyers and developers alike. It has provided the common ground to the
buyers, developers and authorities to discuss the issues of real estate.
·
Grievances
regarding project delivery delays, property pricing, quality of construction
and title of your commercial or residential property will be addressed and
solved quickly. As per RERA registration builders-buyers disputes can be solved
within 120 days under the regulatory
bodies and appellate tribunals.
3.The Real Estate Act
& the Home buyers-It’s Impact:
The Act, 2016 benefits home buyers in a number of ways.
· With
the implementation of RERA’s rules , the promoters are bound to disclose every detail
of the proposed project under Section-11 for public viewing , including-
(a) Details of the registration granted by the Authority.
(b) Quarterly up –to date the list of number and types of apartments or plots,
as the case may be.
(c)
Quarterly up-to date the list of
number of garages booked.
(d) Quarterly up-to date list of approvals taken and the approvals which are pending
subsequent to commencement on regular basis.
(e)
Quarterly up-to date status of the
project.
(f) Such other information and document as may be specified by the
regulations made by the Authority.
· As
per RERA rules, the buyers have to pay for the property on the basis of carpet
area or the area enclosed by walls. Builders cannot charge you for the super
built area that includes lifts, balconies, stairs and lobbies.
· Builders
have to put 70% of the money they collect from home buyers into a separate bank
account, which is known as Escrow Account, which they can only use for
construction purposes. They cannot rotate that money anywhere else and the
money can be withdrawn as per the stages of the construction approved by
engineers and chartered accountants of builders.
· RERA
lays emphasis on timely completion of projects. Any delay means that the
developer has to pay an interest of 2% above State bank of India’s lending rate
to the home buyers. The Act also prescribes imprisonment of up to three years
for errant developers.
· The
developer or builder cannot make alterations or additions to the building plan
without informing two-thirds of the owners about such a change. It can only
proceed if a majority of home buyers consent.
· The
Act prohibits developers from taking more than 10% as advance before an
agreement for sale from home buyers.
· If
at the time of possession the buyer discovers a discrepancy in the title deed,
he/she can claim compensation from the developer. This is not even” barred by
limitation, which would ideally mean no capping of the time frame within which such
claim has to be made.
4. RERA & THE REAL ESTATE:
RERA impacts the real estate in ways which
makes it more transparent.
· The
RERA makes it compulsory for all the real estate projects, where the land is
over 500 square meters or more than 8 apartments for sale must be registered
with the respective state RERA. For this, the developer has to disclose the
names of promoters, project layout, and land status, the status of statutory
approvals, plan of development work, the draft of builder–buyer agreements, names
and addresses of real estate agents, contractors, structural engineers and
architects to the authority. All of this information has to be given on the
website and has to be regularly updated by the RERA developer himself.
· It
is mandatory for builders to deposit 70% of the project money collected from home buyers in separate bank accounts earmarked
for each project and any change the developer proposes in the lay out plans
must be approved by two-thirds of
the buyers in that project. . This means
builders can no longer engage in fraudulent transactions or money
laundering and every rupee spent and
gained has to be accounted for.
· There
will be one model sale agreement between all builders and home buyers.
5. HOW TO FILE A COMPLAINT UNDER RERA?
Complaints can be filed under section 31 of the Real Estate (Regulation and Development) Act,2016 either with the Real Estate regulatory authority act or with the adjudicating officer .Such complaints may be filed against the promoters, allottees and and/or real estate agents. By launching the official RERA websites, the various State governments have made the process of filing a complaint under RERA more simple and hassle free. Any home buyers can file RERA complaints online on the website by filing up a form and paying the registration fees.
Step-by-Step
Step-1- To file a complaint with the
Authority, the complainant needs to visit the States’ Official Website on the
portal search for Complaint registration. For instance, on the Uttar Pradesh
RERA website, home buyers can file their complaints by clicking on the link
“Register Complaint” placed under ‘Complaint Section”.
Step-2- Click on the complaint registration link. You will be taken
to the complaint form where you are required to fill the details of the
complaint.
Step-3- While filing the complaint, home buyers would be asked
to submit their personal details including name, address, contact details and
project details. Complainants can also attach supporting documents like
agreement, complete details of the payment etc.
Step-4- Once the form is fully filled, the Complainant/ home buyers would need to pay a sum of Rs.1,000 for
filing or Rs.5,000 in case of filing complaints before Adjudicating Officer.
Online mode payment mode is available for completing the transaction.
Note* All complaints filed under RERA must be
in the form prescribed under RERA norms as laid down by the
government in the respective States.
6. PENALTIES IMPOSED UNDER RERA:
Based on the offence the home buyers mentioned in their Complaint, the
developer or promoter is charged a penalty in case they are found guilty.
·
The Promoters are required to get their
projects registered under Section 3 of the RERA which
prohibits them from advertising, marketing, booking, selling,
offering for sale or inviting people in any other manner for purchasing the
buildings, apartments or plots in the project without getting the project
registered. In case the promoter/builder contravenes the provision, he is
liable to pay 10% of the project’s estimated cost.
In case the promoter continues
to default even after the order imposing penalty mentioned above is passed, he
can be punished either with imprisonment up to three years or with fine up to 10%
of the project’s estimated cost or with imprisonment as well as fine.
·
If
the promoter does not register their project as per the provisions of the RERA
or submits information or, makes
declaration which is false, he/she can be made liable to penalty up to the
maximum amount equal to 5% of the estimated cost of the project
as may be determined by the RERA.
·
A promoter who fails to comply with or contravenes any of
the orders or directions of the RERA is made punishable by penalty calculated
at the determined amount per day for the period during which the default
continues subject to the maximum imposable penalty of amount equal to 5% of the
estimated cost of the project which may be determined by the authority.
·
Failure
to comply with the orders, decisions or directions of Appellate Tribunal by the
promoter, is made punishable with imprisonment for a term up to 3 Years or with
fine for every day of default or with both. The fine to be imposed can be an
amount up to 10% of the project’s estimated cost or both.
·
Moreover,
buyers too have to abide by RERA, if found guilty of non compliance, they have
to pay a daily penalty of up to 5% of the approximate cost of the project. On
the other hand, non compliance with the Appellate Tribunal can lead to imprisonment
for up to 1 year, or 10% of the project’s probable cost or both.
As the RERA Act is fairly new legislation, it is important
that you understand the wide variety of rights that you can specifically
assert. Buyers or owners who are aggrieved by any action of the promoters or
agents can easily approach the real estate authorities for easy and effective
redressal of their dispute. It is also imperative that you connect with the
best lawyers in the field to assist you in asserting your rights under the
RERA.
Rent Deference During the PandemicThe Coronavirus pandemic has prompted the nation to its most jarring standstill in a long time, and most governments and companies are still figuring out different read more
Rent Deference During the
Pandemic
The
Coronavirus pandemic has prompted the nation to its most jarring standstill in
a long time, and most governments and companies are still figuring out different
ways to deal with the sudden halt of global supply chains. The lockdown has slowed down markets, factory operations and
several businesses, affecting employment and source of income of many.
Rental agreements
Rental
agreements in India are the most common types of agreements as India being one
of the most populated countries, does not have enough resources and utilities
per capita. People here work by renting places, and most of the outstation employees,
workers and students who come to work and study also prefer to stay in a rented
flat. It is important and always advisable that property-related deals shall be
secured through legally binding agreements on the parties involved. It does not
matter that whether you are an owner who is looking out to rent his property or
a tenant who is looking for a property on rent, the important thing is that
both the parties involved shall make use of a valid rent agreement format
inclusive of all the clauses that shall be beneficial to both the parties and
at its best shall protect the interest of both the parties. The agreement
should work as a reference document for the parties involved. The rent
agreement should be made keeping in mind all the legalities and legislation so
that it is an error-free agreement and can be presented as collaborative
evidence in the scenario when a dispute arises among the parties.
These
agreements are simple contracts which are legally enforceable in the court of
law and is therefore made under the Indian Contracts Act, 1872. Any rental
agreement which is made in keeping the mind, the essentials of a valid
contract, is considered as a valid rental agreement.
Rental
agreements are right now the centre of attraction, as its position in the time
of Covid-19 is highly unstable. There are circumstances, under which, an
individual is not using a place, but is still liable to pay the rent as per the
agreements. Though there have been schemes and offers by the Indian government,
still the relaxation policy for such agreements is unclear.
Government Policies on
Economic Relief to Affected Parties
A
majority of the Indian middle class lives in rented accommodation, and so do many
migrants, students, out of station employees etc. and for all of them, nothaving
enough savings left to meet their utilities and needs is a stark and immediate
reality. In that light, the central government, along with a few state
governments, that have cities with sizeable migrant, and floating populations
have put in place regulations to help the middle class in need of financial
respite.
This
paper talks about one specific aspect of the measures governments have taken to
aid people financially; rent control. Since rent is a purely a contractual
obligation between parties to the agreement, it is rarely infringed upon.
In understanding the provisions of rent deference, it is essentialfirst
to understand the importance of the Force Majeure Clause. A Force Majeure Event
can be understood as an extraordinary event or a circumstance beyond human
control, which frees both the parties from contractual obligations, when
prevented by such an event, from fulfilling their obligations under the
contract. Force Majeure Clause is a standard clause which is invariably
incorporated in every agreement. It also entitles legally to suspend and or not
to perform an undertaking by a party. Unfortunately, most of the Force Majeure
clauses in already concluded agreements do not have a pandemic like event incorporated
in it. An event in order to be stated to be a Force Majeure event must contain,among
other things, the following:
·
directly or
by implication be an event which is beyond the reasonable control of any of the
parties; and
·
must affect
the ability to perform by any of the parties.
The
central government and the respective state governments have drafted these
orders and notifications, relaxing the rent payment requirements under their
jurisdiction. It needs to be kept in mind that not all states have taken
measures in this vein since no other form of financial relief except loan
payment has been mandated in the act.
Rent Deference
The
central government in consonance with their policies for migrant labourers and
workers stranded has mandated that no landlord shall collect rent for the next
few months due to the pandemic. Other measures, including arranging special
trains for transit have been arranged but for the sake of this paper, the
notification dated 29th March is the sole focus since it relaxes
rent collection obligations and places the same under the purview of Sec, 57 of
the Disaster Management Act, mandating a year of imprisonment or fine.
Around
the same time, the state governments of Karnataka and NCT Delhi have announced a
similar measure, with the notable difference being the scope of application of
the notification. In both these states, the notification extends protection to
all tenants and halts payment of rent for atleast one month in Delhi and a
similar length of time in Karnataka. These notifications do not signify whether
they will be deferring the payments, or requiring landlords to forgo the rent
for the one-month period commencing on the day of the issuance of the
notification. This lack of clarity be as it may, the NCT Delhi government has,
through an advisory announced that they would be providing assistance to those
residents that are unable to meet their rent obligations. While there is no
official notification signifying the same, it can be assumed that the same will
be carried out as a local level scheme.
While
the Delhi and central government notifications have made provisions for action
in the event of a violation of the same, the Maharashtra government
notification, which wasn’t properly available on the website, and whose only
public domain copy was a twitter post, where a Marathi language copy of the
order was found, makes no such mention. This notification is more explicit about
the aim, where the time period of non-recovery is three months, the
notification clearly states that the scheme merely provides for deferment of
rent payment, rather than forgiveness; allowing landlords to recover three
months of rent at the end of the notification period.
These
measures have no bearing on the rental contracts and do not derail the status of
sub-letters, most of that is to be extrapolated from the barebones construction
of the notification. In sum, these notifications apply to all landlords that,
at the time of publication are letting out a property in rent and to the best
of my knowledge (except for Maharashtra where it is specified) defer the
payment of rent.
There
are other ways through which the rent is reduced or waived off in these hard
times. One of the ways is by directly convincing the owner of the property for
some concession in the monthly payments of the rent till the nationwide
lockdown is over. This is an unofficial method, and it entirely depends upon
the decision of the owner whether he wants to give the concession to the tenant
or not. There yet no official notice from the government which allows
concession to such agreements. It is vital to note that such arrangements are
being used by the students, outstation employees, etc. Also, such policies only
apply to those agreements that have been executed before the nationwide
lockdown, that is, before 25th march.
The parties
may execute an Addendum with the help of a legal entity or try to negotiate and
put in writing and execute the Addendum. The strict requirement of compulsory
registration of such pandemic time Addendums or novation of contracts, during
these hard times, must be dispensed with by the governments so that there is no
unnecessary hassle.
Changes in legal System
post covid-19
Once
the lockdown is over, and things become normal, one of the most prominent
change, that the legal system will witness shall be the making of the legal
enforceable agreements. People will not consider the importance of making a
contract and will execute such contracts with utmost diligence. The clauses
like “force majeure” and “doctrine of frustration” will be considered
essential, and would be taken into consideration in future contracts.
A
“force majeure” clause when present in a contract, gives the opportunity to not
perform legal obligations under some circumstances. Such scenarios could be
when an activity becomes impossible to perform. If a rental agreement, contains
this clause, there are high possibilities that the rent is waived or reduced of
the tenant, as due to the lockdown staying in the rented flats have become an
impossible activity. However, such clauses are not added in the rental
agreements. Therefore, the layman will make sure that such a clause is given a place
in the agreement.
The
covid-19 lockdown has also made people aware about the clause of “doctrine of
frustration”. This clause frustrates the tenancy even when either party
involved in the agreement is not at fault, and the legal obligations, become
impossible to fulfil due to the unforeseeable circumstances. Tenancy, as the
main element of the contract, will terminate automatically, when a frustrating event occurs that is
one which is unforeseeable and unexpected or beyond the control of the parties.
Section 56 of the Indian Contract Act, 1872 deals with “doctrine of
frustration”. Here again, the important point is the presence of such a clause
in the valid rental agreement.
Services of
trained mediators and conciliators and organizations that provide additional
dispute resolution may be used by the parties, in order to conclude issue
rising due to these rental agreements in the time of the lockdown.
Therefore, if we talk about the changes in the
legal system, drafting of the rental contracts would see a new world with much
more important clauses.
Conclusion
Post
Covid-19 there are significant changes that the country would witness.
Similarly, the rental agreements will have to go through their own changes. The
agreements would amend not only with the addition of newer clauses but also the
way through which the rents are paid. The rent in the future might be paid
through instalments etc. However, it is important to
understand that the basic structure of a rental agreement would not change. It
might go under some amendments, but its validity and the way they are made
shall remain the same. It is advisable that once the things become normal,
execution of such agreements shall be only made with the help of an experienced
legal person to reduce such ambiguity in the future outcomes of the agreement.
The author of this
blog/Article is Kishan Dutt Kalaskar, a Retired Judge and practising advocate
having an experience of 35+ years in handling
different legal matters. He has prepared and got published Head Notes for more
than 10,000 Judgments of the Supreme
Court and High Courts in different Law Journals. From his experience he wants to share this
beneficial information for the individuals having any issues with respect
to their related matters .
Author
:
Kishan Dutt Kalaskar
Advocate (Retired Judge)
Bengaluru-560003
Mob: 9686971935
Bengaluru, India
Jaipur, India
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Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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