In these terms, references to “you”, “user”, “yourself”, “your”, “client” shall mean the end user accessing the website, its contents and using the services offered through the website.
The terms, “TLC” ,“we”, “us”, “our” shall mean The Legal Capsule, a subsidiary of Attort Legal Consultancy Pvt. Ltd.
The Legal Capsule is a Contract Lifecycle Management System Platform and a subsidiary of Attort Legal Consultancy Private Limited.
The Legal Capsule is a technology driven legal solution which eases your efforts to create, collaborate, negotiate, e-sign, store and manage agreements and forms on a single platform
Our software can automate Legal, Human Resources, Accounting, Procurement Department and any other related department of your organization.
1.1 )By using this website, you represent that you are competent to enter into contract as per the laws of India, and in particular, the provisions of the Indian Contract Act,1872.
3.1 )You agree that you have provided true, accurate, current and complete information to the owner in connection with the use or access of the service.
2.1). Non Exclusive License:
TLC shall provide a non-exclusive based Software As A Service hereinafter referred to as SAAS Service to the User.
Nothing shall be deemed to prevent or restrict TLC’s ability to provide the SAAS Services or other technology, including any features or functionality first developed for the User to any other users .
2.2) Membership Downgrade:
If you choose to downgrade your membership, TLC shall reserve the right to collect fees from You to cover the fees charged to The Legal Capsule on behalf of Your account.
In addition, if You fail to provide a payment on time, TLC reserves the right to downgrade Your membership without prior notice. However, the downgrading does not affect Your ability to access the documents created by yourself on the TLC website.
2.3) Consent to Receive Emails/SMS or any other communication services:
By creating an account, you agree to receive communications from TLC such as newsletters, special offers, mails, account reminders and updates
All the users kindly note and keep in mind that TLC or any of its services provided under this website do not construe it to be a law firm in any manner whatsoever.
3.1) The user shall not permit any person to engage in the following activities:
a.copy or republish the API of the Legal Capsule;
b.make the API available to any third party;
c. use or access the API Services for any purpose which is not agreed upon and mentioned in this agreement between the User and the Legal capsule;
d. create derivative versions of the API Services provided by The Legal Capsule;
e. Extract, derive or attempt to extract or derive source code of the API provided by The Legal Capsule;
f. Use the API Services to create a related API or software;
4.1) The Legal Capsule shall provide a large number of communication services which include live chats, comment threads, blog posts, question and answer products, customer service communication forums and other message services. Due to the daily change in rules and regulations in our country The Legal Capsule will not be able to guarantee the authenticity, accuracy and validity of the information mentioned in its communication services. The User shall agree to use the communication services only to post, send and receive messages or materials proper to and related to the particular communication service.
4.2) The User shall agree to not do any of the following when using a communication service:
a. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
b. Publish, post upload, distribute or disseminate any names, materials, or information that is considered inappropriate, defamatory, infringing, obscene, indecent or unlawful.
c. Create a false identity, represent as someone else or sign an agreement as someone else or on behalf of someone else or otherwise falsely or delete in an uploaded file any significant attributions or notices.
5.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Legal Capsule 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.
5.2 The User shall acknowledge and agree that it shall not use, reproduce or distribute any content from the website belonging to The Legal Capsule without obtaining authorization from The Legal Capsule
5.3 The Logo of the User may only be used for marketing and other promotional activities. No Logo may be used in any way that mischaracterizes the relationship between TLC and the User.
5.4 Notwithstanding the foregoing, it shall be expressly clarified that the User will retain ownership and shall solely be responsible for any content that the User provides or uploads when using any service ,including any text, data, information, or any other material which the User may upload, transmit or store when making use of various services provided by The Legal Capsule.
5.5 The Legal Capsule further reserves its right to terminate the account of the user who infringes the copyrights or other Intellectual Property Rights of The Legal Capsule or others, The Legal Capsule may in its discretion, terminate or deny access to and use of the site. In the case of such termination, The Legal Capsule will have no obligation to provide a refund of any amounts previously paid to The Legal Capsule.
6.2 ) The User is not allowed to reuse, republish, convert, transfer, send, transmit, modify the content provided or accessed by them in any manner or provide for the use of any third party in any manner.
The Legal Capsule shall provide enough technical assistance to rectify any error reported by the User with regards to any transaction in automating a document or any other services.
a. Upon initiating a transaction with TLC you automatically enter into a legally binding and enforceable contract with TLC to purchase the products using the payment facility.
b. All payments made to TLC for the use of its SAAS based product shall be made by way of Account Transfer/NEFT
The Legal Capsule does not entertain any request or demand for refund of fees paid towards subscription for the services. The fees paid towards subscription shall not be refunded unless such claim arises due to breach of any terms by The Legal Capsule.
The Pricing shall depend on the plan selected by the User.
Upon onboarding, the Legal Capsule shall take a 2 month Security Deposit and 1 month Advance Rental. The Security Deposit and Advance Rental shall be based upon the Plan selected by the user
The Security Deposit shall be refunded at the end of the Agreement period post 12 months of subscription of services.
There will be a lock in period of 12 months. If services are terminated by the user before 12 months, then the Advance Rental shall be forfeited.
The user so desiring to terminate services must give a notice to the effect of such termination not less than 3 months prior to the date of termination of said services.
There will be an annual increment in pricing at the rate of 25% of the existing subscribed plan.
11.1) The Legal Capsule warrants that the API services will perform in all material respects in accordance with the documentation and instruction mentioned.
11.2)The Legal Capsule shall not guarantee that the API services to be performed will be error-free or uninterrupted, or that The Legal Capsule will correct any or all API service errors which arise or are already present in the API.
11.3) The User concedes to the fact that The Legal Capsule has no control over the transfer of data, including the web, and that the API service may be subject to limitations, delays, errors, misappropriations and other problems during the use of the API services.
11.4) Neither The Legal Capsule nor any of its permitted successors and assigns warrant or guarantee that the operation of the API service will be continuous, accurate, secure, and proper.
TLC shall not be held liable on account of technical issues arising from the side of third-party service providers with regards to generating e-Sign, e-KYC, e-Stamp, e-NACH or other features provided by TLC involving third-party service providers.
The Legal Capsule shall not be liable for the content or the acts of the User for which the API software is being used by the User. The User shall defend the Legal Capsule, its directors, officers and employees and other permitted successors, affiliates and assigns against any claim whatsoever or any proceeding initiated against the Legal Capsule for their contract with the User. The User shall indemnify the Legal Capsule at their expense and also shall pay all losses, damages, expenses, attorneys’ fees in relation to this. The User shall also bear the burden of the award or judgment if given against the Legal Capsule in relation to such a matter.
“Confidential Information” means includes, consists of any information/data exchanged, disclosed, transferred, by The Legal Capsule to the User, directly or indirectly, which shall mean and include the following:
a. Information in written, graphical, machine-readable, software, hardware, source code, API, analytics, coding language, algorithms, or other tangible or intangible form, whether or not if it is marked as “confidential” or “proprietary,”
b. if disclosed orally, written or through any other means irrespective of whether or not it is identified at the time of initial disclosure as confidential and is handed over, exchanged or transferred in any medium, at any time, place or condition from The Legal Capsule to the User using the API services.
c. Any information of any sort whatsoever exchanged, transferred, sent, transmitted from The Legal Capsule to the User irrespective of whether the information is in relation to the API services and any product of the User or not.
The Confidential information shall not be disclosed, exchanged, transmitted, transferred, sent, shown, displayed to any third party or any party not authorized to use the API Services.
The User shall not convert, transform, change, renovate or carry out any kind of transformation or modification of the API provided to them by the Legal Capsule. In the occurrence of such acts, the User shall be liable to be sued for punitive damages by TLC.
a. TLC shall have no liability to the User for any interruption or delay in access to TLC irrespective of the cause.
b. Force Majeure event shall be one when there is any interruption or delay in the performance of TLC’s obligations due to causes beyond its reasonable control, including but not limited to: internet failures, computer equipment failures, telecommunication equipment failures ,electrical power failures earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared), or any change in or the adoption of any law, regulation, judgment or decree.
Either party may terminate the contract immediately upon occurrence of the following events in relation to the other party:
a. Party becomes or is declared as insolvent
b. Party has made a resolution to wind up its activities or its functions
c. Party has ceased to exist
d. Party commits any fraud, breach of contract, deceit.
If the User desires to voluntarily discontinue the services of The Legal Capsule, they are required to issue a notice to TLC not less than 30 days prior to the desired termination.
A User opting for the Monthly based service pack is required to make the payment for the subsequent month within 7 days of expiry of existing pack failing which TLC shall suspend the services of the User until payment of amount.
Upon termination, the User shall clear all the pending dues of TLC within a period of 10 days.
Upon termination, TLC shall retain all the acquired data of the User up to a period of 15 days. Post 15 days, the data shall be destroyed in order to protect the interest of the User. If the User comes onboard again, then all required data will be created once again.
Copyright @ 2020 The Legal Capsule By Attort Legal Consultancy Pvt Ltd. All Rights Reserved.