Website Terms and Conditions
Effective as of 1st Oct 2020
Legal Notice: This website is an event website of ATLS Pvt. Ltd. (Legal Media Group OR LMG) a unique and dedicated channel covering legal news, policy developments, & judgment analysis through Legal Era Magazine (print publication) and www.legaleraonline.com (official website). (“LMG,” “we,” “us” or “our“).
References to “you”, “your” and “yours” are references to the person(s) accessing the Sites (as defined below).
The Terms constitute a legal document that details your rights and obligations as Users (“Users”) of the Services, as described below. If you do not agree to all of these Terms, do not use the Sites or the Services.
Please read them carefully before you use the services of this site.
- Under no situations or circumstances, will the company be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any content made available via our products, services, or various resources such as email, blog etc.
- Our services are free to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
- You will be required to use login credentials for some of the sections on the site and the company reserves the right to block access to our services for any user who does not follow these conditions
- We make sure that users get uninterrupted access to our service, but there is no obligation to do so.
- LMG is not responsible and is not obligated for issues in your network or server beyond certain limits.
Website usage guidelines
- Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others;
- Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
- Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers.
- It’s prohibited to edit HTML source code, reverse engineer or attempt to hack.
- Do not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
- Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- You may not copy, distribute, and indulge in plagiarism with website content or user submitted content.
- Do not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
Links and Hyperlinks Terms
- This website may have links to other websites. We do not undertake any control on the content of these websites; nor are we responsible for their website content. The sole purpose of the links included is to provide users information. Hence, LMG will not be held responsible.
- You may not mirror or frame the homepage or any other pages of this Site on any other website or webpage.
- Do not link to LMG Website pages and subpages with spam links/anchor text, which could provide a false impression. This may create misunderstanding for the users.
- Do not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to LMG Website.
- Do not link to pages which support racism, terrorism.
- Do not link to pages which provide pornographic content and violate human and animal rights.
- Do not link pages to content which infringes the intellectual property of any third party, person or entity.
- Do not link pages to content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
All the contents of the Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Site or Legal Era. The information from or through this site is provided on an “as is” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
Legal Era shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
Certain links on the Site lead to resources located on servers maintained by third parties over whom Legal Era has no control or connection, business or otherwise as these sites are external to Legal Era you agree and understand that by visiting such sites you are beyond the Site. Legal Era neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites
By accessing the Site, you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you for the services offered by us.
To avail the services of the Legal Era e-magazine, you shall be required to provide certain information for the registration and/or access to such services. Such information may include, without limitation, your name, email address, contact address, mobile/telephone number(s), and such other information as may be required for your interaction with the services.
Use of Information
If you choose to provide us with the abovementioned information, you consent to the use, transfer and storage of the information so provided by you on LMG servers. The information provided by you shall not be at any point of time sold/given/rented to third parties for marketing purposes and other related activities without our prior consent.
We will use email address to send you information and updates pertaining to the Site. If you decide to join our mailing list or subscribe to our weekly Newsletters, you will receive email emails that may include news, updates, Articles by experts from the Legal fraternity etc.
The pages of the Site may utilize “cookies” and other tracking technologies. A “cookie” is a software program that may be used, for example, to collect information about the App activity. Some cookies and other technologies may serve to recall personal information previously indicated by you. Most browsers permit you to control cookies, including whether or not to accept them and how to remove them.
LMG reserves the right to update, change or modify this policy at any time. The policy shall come to effect from the date of such update, change or modification.
As a result of the provision of the Pavilion Platform and the Site services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree not to misuse our Confidential Information. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms and Conditions. Furthermore, Users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
LMG limits access to personal information about you to employees who reasonably need to come into contact with that information to provide products or services to you.
LMG has physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about you. Legal Era seeks to ensure compliance with the requirements of the Information Technology Act, 2000 and rules made thereunder to ensure the protection and preservation of your privacy.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Linking and Third-party Sites
You may not link or deep-link to this Site or any content contained on it without our prior written consent. This Site may produce automated search results that reference or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply our endorsement of the site or any association with its operators, nor do we warrant that other sites will not contain viruses or otherwise affect your computer. We may install filtering software, however, we do not warrant that objectionable websites will not be accessible even with the installation of the filtering software.
Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Disclaimers of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER OR MEMBER’S USE OF THE SITE, ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) AND ANY SERVICES THROUGH THE SITE IS AT THE USER OR MEMBER’S OWN RISK AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LMG NOR ANY PERSON ASSOCIATED WITH LMG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LMG NOR ANYONE ASSOCIATED WITH LMG REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LMG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
You expressly understand and agree that to the maximum extent permitted by applicable law LMG, our subsidiaries, related or affiliated companies, and licensors shall not be liable for any direct or indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the products, services or the site;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) statements or conduct of any third party on the site;
(iv) any other matter relating to our products or services or the site.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Some of the foregoing limitation may not apply to you except that our liability in such jurisdictions shall be limited to the extent permitted by law.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE AND/OR PAVILION PLATFORM OR ANY CONTENT ON THE PAVILION PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You hereby release and forever discharge us, as applicable, our officers and directors, and employees, agents, successors and assigns, (“released parties”), from all actions, causes of action, injuries, claims, damages, costs or expenses of any kind growing out of or related to your use of the site. You understand that this is a full and complete release to the maximum extent allowed by law of all claims and damages which you or your student(s) may have as a result of his or her use of the curriculum we provide or the site regardless of the specific cause thereof.
Copyright and Limited License
(i) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
(ii) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(iii) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
(iv) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(v) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(vi) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(vii) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(viii) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto;
(ix) use the Sites, the Site Materials or the Services other than for its intended purpose; or
attempt to register any intellectual property rights in the Sites, the Site Materials or the Services anywhere in the world.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of LMG, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
All logos and any other product or service name or slogan contained in the Sites are trademarks of LMG, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of LMG or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “LegalEra” or “Legal Media Group” or any other name, trademark or product or service name of Trusted Communications without our express prior written permission.
In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LMG and may not be copied, imitated or used, in whole or in part, without our express prior written permission.
All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LMG.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations set forth in “disclaimer of warranties” and “limitation of liabilities” may not apply to your choice of law and forum.
You agree to defend, indemnify, and hold harmless us, as applicable, our officers and directors, and employees, agents, successors and assigns and our related or affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, including claims arising out User Generated Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of these Terms and Conditions or your violations of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Force Majeure Events
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time during the term of these Terms and Conditions, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Entire Agreement - Severability and Integration
Unless otherwise specified herein, these Terms and Conditions along, , constitute the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
Enforcement and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of India.
The Parties agree and acknowledge that all disputes, controversy or claims arising out of or in connection with these Terms shall be finally settled by arbitration in accordance with provisions set forth under the arbitration rules (the “Rules“) of the Delhi International Arbitration Centre (“DIAC“), by one (1) arbitrator appointed in compliance with Rules, and:
- the seat of the arbitration shall be the Mumbai
- the language of the arbitration shall be English;
- the arbitration award shall be final and binding upon the Parties and not subject to any appeal in any court; and
- Arbitration shall deal with question of the costs of arbitration and all related matters.
The parties agree and acknowledge that any dispute and arbitral proceedings may take longer than six (6) months and the parties agree and acknowledge that in the event that a dispute and/or arbitral proceedings takes longer than six (6) months, such circumstance shall not form the basis of a procedural challenge to any arbitral award that is subsequently delivered. Nothing shall prevent either party from applying to a court of competent jurisdiction for urgent interim relief.