The term "Subscriber" would include any person, whether an individual or a legal entity who has subscribed to the services of www.mylawally.com, and to whom the access is restricted by the use of a sign in User name and a password. The User name and password are either allotted by www.mylawally.com or chosen by the Subscriber or agreed upon by www.mylawally.com. It is made abundantly clear that only a registered and authorized subscriber has the right to access the services so offered by www.mylawally.com.
For the purposes of this subscriber agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an "unauthorized subscriber" and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions. The term "Subscriber" would include both the authorized and unauthorized Subscriber(s)
The terms "service" or "services" would mean to include the interactive online information service offered by www.mylawally.com on the internet or mobile platforms through which the Subscriber may access all the required information. The terms would include the search tools through which the Subscriber can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria.
The term "organization" would be used to define any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person. The term "data" means insubstantial portions of the data downloaded, repurposed, reused and temporarily stored to a storage device under Subscriber's exclusive control. The term "Order Form" means any order form attached to this Agreement, either in print or online, setting out the features including subscription plans available to subscriber’s and the fee charged there for.
a) www.mylawally.com ("Website") registered with multiple extensions and domain names is an Internet based legal content and e-commerce portal licensed by Adventum Technology Consulting Private Limited, a company incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Mylawally.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. User Account, Password, and Security: You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mylawally.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Services Offered:
www.mylawally.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase products and services through the site. The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the following URL http://www.mylawally.com/faqs), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product-specific conditions, which may be displayed on the web page of that Product.
4.1. In order to become and remain an authorized subscriber a party has to
4.1.1. Complete the order form;
4.1.2. Pay the subscription fee applicable as mentioned in the order form on expiry of the trial period;
4.1.3. Pay for usage of information/data according to the www.mylawally.com pricing policy. The subscription fee applicable and the product price information price card are available on the relevant section of the website (we need to fill in the link).
4.2. After payment of the subscription fee applicable and after reading this entire document and the Terms and Conditions and Copyright Notice contained in it, the subscriber should confirm that he/it accepts all the terms and conditions herein and agrees to be bound by them and to observe them strictly by clicking the "I accept" or "Submit" button on the program and/or by submitting to www.mylawally.com the registration form included on the website or as a document. It is made clear that by clicking on the "I ACCEPT" or "Submit" button, the party gets all the rights and liabilities as it would have got in case of physically signed any document.
4.3. In the case of organizations the individual signing shall be presumed, by the act of signing, to have represented that he has the full authority of the organization to sign and act on its behalf. The organization shall provide www.mylawally.com with the names of all its members who will be the authorized Subscribers of the service and the said organization shall ensure that its access rights are restricted to members proposed by them. The organizations will be directly responsible and liable in case of any misuse of the service.
4.4. After completion of what is prescribed in 4.1 to 4.3 above, the subscriber will obtain his/its sign-in identity and password allotment/ permission to use which will constitute the offer and acceptance of the terms and conditions herein and the subscriber, thus constituting him/ it an authorized Subscriber herein permitted to avail the service and/or access the data and information of www.mylawally.com in any form, and shall hereinafter be referred to as "subscriber".
4.5 The subscriber shall be responsible for keeping secure the Subscriber identity and password required to access the ecosystem and the service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password is not shared with unauthorized subscribers. Adventum Technology Consulting reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorized subscriber.
4.6. An organization may subscribe and obtain multiple license access for multiple Subscribers who are valid constituents of that organization. For this purpose, paid employees of any organization, patrons of a library, and enrolled students, faculty and other staff members of an educational institution are considered "valid" constituents. Provided however, that the organization shall bear the sole responsibility for ensuring the compliance with and observance of the terms and conditions herein entered by its constituents and shall be liable for actions of its constituents in relation to the service and its contents.
4.7. The subscriber accepts that by the action of viewing and/ or downloading the information from the www.mylawally.com ecosystem, it has performed the action of using the ecosystem.
4.8. In addition to the subscription fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation and which My Law Ally may apply to the total billing of the subscriber.
4.9. A detailed statement of the subscription and usage charges, for subscribers under transactional pricing, which the subscriber may incur, will be available for the subscriber to view and verify on the information service. This shall be treated as final and binding unless the subscriber shall bring to the notice any discrepancies within seven days of the charge having been debited to it/him after which period any such charges shall be deemed to have been debited and accepted by the subscriber.
4.10. The subscriber has to pay a recurring subscription charge based on the plan chosen.
Payments can be made either by a credit card/debit card/online bank transfer. No cash/cheque/dd will be accepted. The payment made against the subscription is not refundable under any circumstances.
6. Delayed Payments
Without prejudice to the rights of www.mylawally.com , under this subscription or otherwise, to demand the payment of and/ or recover the amounts due from the subscriber, in the event of the subscriber failing to pay the subscription and usage charges within the stipulated period, My Law Ally reserves the right to discontinue the subscriber's right to access the ecosystem and to levy penalties including interest on the amounts outstanding. My Law Ally also reserves the right to recover the said amount from the subscriber in any legal manner, under civil or criminal law, and the subscriber shall be liable for any costs thereof.
7.1. The prices, terms and conditions and/ or other matters provided in the Price List, and any modifications carried out by My Law Ally and any notices served upon the subscriber by My Law Ally shall be deemed to be included in the terms and conditions herein.
7.2. My Law Ally reserves the right to modify the terms and conditions including the subscription and the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect on the website.
7.3. The subscription amount paid by the subscriber shall be for the fixed term/ plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term. However, the introduction of any additional feature by third party content providers through www.mylawally.com will be made available to the existing subscriber only after making up the deficit payment.
7.4. The subscriber's continued use of service after the publication of the notice conveying the modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.
7.5. My Law Ally has the right to prevent access to all or part of the ecosystem without notice, if the conduct of the Subscriber is in contravention with the Terms and Conditions of Use or the applicable laws.
7.6. My Law Ally shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of the ecosystem or the service.
8. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mylawally.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Mylawally.com without obtaining authorization from Mylawally.com.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
9. Copyright Laws
9.1. Content or information available on the website www.mylawally.com and the related ecosystem and applications is protected by the Copyright Act 1957 and is subject to Adventum Technology Consulting’s Copyright.
9.2. Certain information and data made available are the property of the content provider's and are identified as such. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the Subscriber. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.
10. Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mylawally.com or the Website and Mylawally.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mylawally.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Mylawally.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mylawally.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. Limitations on use
11.1. The Content on the Web Site is for personal use only and not for commercial exploitation.
11.2. Subscriber may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web Site or the Content. Nor may Subscriber use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or Subscribers.
11.3. Subscriber may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without prior written permission.
11.4. Subscriber may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.
11.5. Subscriber may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available, on or through the Web Site in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content is prohibited.
11.6. Combine the whole or any part of the Data with any other software, data or material.
11.7. Subscriber may use Data cached in Subscriber's local disk drive solely in support of its use of the Service.
11.8. Certain software used by Subscriber may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it is used.
11.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
11.10. Subscriber undertakes to use its reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Subscriber Agreement.
11.11. Subscriber shall use its reasonable endeavours to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.
12. Errors and Corrections
12.1. My Law Ally makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not represent or warrant that the information available on or through the Web Site will be correct, accurate, reliable, uninterrupted, or timely.
12.2. My Law Ally does not represent or warrant that the Web Site will be error free, free of viruses or other harmful components, or that the defects will be corrected.
12.3. The Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lost data.
12.4. The Subscriber shall not post or transmit any material that contains a virus or corrupted data. My Law Ally reserves the right in its sole discretion and without any obligation, to make improvements and/or changes to its features, functionality or material, at any time.
12.5. The Subscriber shall also not post any material, links to any material, which violate any laws of India.
a) Mylawally.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 13.a above, these Terms will survive indefinitely unless and until Mylawally.com chooses to terminate them.
c) If you or Mylawally.com terminates your use of the Website or any Service, Mylawally.com may delete any content or other materials relating to your use of the Service and Mylawally.com will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
14.1. Except as provided in relevant clauses, no notice consent or the like (in this clause referred to generally as "notice") required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/ its address as set out above or as otherwise notified in accordance with this clause.
14.2. A notice given personally shall be deemed given at the time of delivery.
14.3. A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.
14.4. Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.
14.5. The Subscriber is to keep himself aware of the terms and conditions of the website, by checking this page at least once on a month. No further notice shall be given to the Subscriber of the change in the terms and conditions one is subjected to.
15. Severability of Provisions
17. Remedies for Violations
17.1. My Law Ally reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular Internet address to My Law Ally’s website and ecosystem.
18. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai.
19.1. The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
20. Exclusion of Liability
20.1. My Law Ally makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.
20.2. The information/material provided on the Web Site is provided on an "As Is" basis. My Law Ally accepts no responsibility with respect to the information on the Site expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
20.3. My Law Ally shall not be liable in contract, tort, and derelict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of My Law Ally).
20.4. My Law Ally shall not be liable in contract, tort, derelict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of My Law Ally).
20.5. Without prejudice, in no event shall My Law Ally, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any way to:-
I. Subscriber's inability or failure to perform work or to perform such legal or related work properly or completely, even if assisted by My Law Ally, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on the Data.
II. Any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to Subscribers' rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of such damages.
20.6. Subscriber shall accept sole responsibility for and My Law Ally shall not be liable for the use of the Service by Subscriber, or any Subscriber and Subscriber shall hold My Law Ally harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
20.7. My Law Ally disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
20.7.1. Any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors
20.7.2. Any third party Web Sites or Content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from
20.7.3. The unavailability of this Site or any portion thereof;
20.7.4. Subscriber use of any equipment or software in connection with the Site; or
20.7.5. Subscriber use of the Site.
20.8. My Law Ally shall not responsible if any information/page is downloaded from My Law Ally and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
21. Disclaimer of Warranties/Limitation of Liability:
Mylawally.com has endeavored to ensure that all the information on the Website is correct, but Mylawally.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Mylawally.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user's transmissions or data;
(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Mylawally.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mylawally.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Mylawally's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
22. Linking to the Web Site
22.1. A Subscriber may provide links to this Web Site, provided
22.1.1. The Subscriber does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site
22.1.2. The Subscriber discontinues providing links to this Site if requested by us.
23. Force Majeure
My Law Ally's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of My Law Ally, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
25. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
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