Privacy Policy

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Copyright

This document is an electronic record in terms of the Information Technology Act, 2000 (the “IT Act”) and the rules made thereunder as applicable and amended, pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.elplaw.in.

The domain name www.elplaw.in (hereinafter referred to as the "Website") is owned by Economic Laws Practice, a Partnership Firm incorporated under the provision of the Indian Partnership Act, 1932, having its registered office at 109, A-Wing, Dalamal Towers, Nariman Point, Mumbai – 400 021 (hereinafter referred to as “ELP” or “Us” or “We” or “Our”).

For the purpose of these Terms of Use (as defined below) wherever the context so requires “You” or “User” or “Yours” shall mean any natural or legal person using this Website.

Your use of this Website shall be governed by the following terms and conditions ("Terms of Use"). By mere use of the Website, You shall be contracting with ELP and these Terms of Use shall constitute your binding obligations with ELP.

Your use of the services provided by us through the Website will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, ELP grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By merely accessing, browsing or otherwise using the Website, You agree to all the Terms of Use. By implied or express acceptance of these Terms of Use, You agree to accept and be bound by ELP's Privacy Policy which can be found here.

Registration Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of ELP Website and shall not transact or use Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. ELP reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ELP's notice or if it is discovered that you are under the age of 18 years.

Your Obligations on Registration

By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name.

You have no objection to ELP indefinitely suspending or terminating or blocking access to Your membership on the Website and refusing You access to the Website in the event any information provided by You that being inconsistent, inaccurate, not current or incomplete, or on our having reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use.

Communications

When you register to receive ELP's newsletters/updates, you consent to receive communication via electronic records from ELP as and when required.

If you wish to stop receiving updates/newsletters from ELP, please follow the procedure mentioned in the updates/emails or as contained here.

Use of the Website

You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following:

Content posted on the Website

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without ELP's express prior written consent.

You may use information made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use. You agree that any Content You post may be used by Us, consistent with Our Privacy Policy and You are not entitled to any payment or other compensation for such use.

Restriction of Right to Use

KINDLY NOTE THAT ELP STRICLTY PROHIBITS ANY OBJECTIONABLE CONTENT ON OUR WEDSITE. Please choose carefully Content you wish to post on Our Website and the Content you provide to other Users. This Content must not include any or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE MENTIONED ACTIVITIES.

Any User who publishes or transmits or causes to be published in the electronic form, any material IN violation of the above, shall be strictly treated under the Section 67 of the IT Act and as per the provisions of Indian Penal Code and other appropriate statutes may be applicable. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ELP assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by ELP by any person, please contact us at contact@elp-in.com

Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property Rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of ELP as the owner of such domain name. You agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in Your name and any Intellectual Property Rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

Privacy

We reserve the right to disclosure of any personal information about You and Your use of the Website including its contents, without your Your permission if we have a good faith belief that such action is necessary to:

Our performance of these Terms of Use are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of Our rights to comply with any governmental, court and law enforcement requests or requirement relating to Your use of the Website or services or information provided to or gathered by Us with respect to such use.

Please look at our Privacy Policy for further details with respect to Our endeavours to protect your privacy and limits thereto.

Disclaimers

You agree that Your use of the Website shall be at Your sole risk to the fullest extent permitted by law. ELP, its partners, consultants, employees and agents disclaim all warranties, express or implied, in connection with the website and Your use thereof. ELP makes no warranties or representations about the accuracy or completeness of this Website’s content, information, software, products, features and services or the content of any sites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of Our Website, (iii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Our Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website by any third party, and/or (v) any errors, omissions, interruptions, deletions, defects, delay in operation or transmission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.

ELP will not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether based on contract, tort, negligence, strict liabilty or otherwise. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the ELP’s services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation in connection with ELP’s services.

This Website, all the materials and products and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Without prejudice to the forgoing paragraph, ELP does not warrant that:

ELP shall not be liable to You or any User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. ELP does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

Publications available on this site provide general information only. They do not constitute legal advice or seek to be an exhaustive statement of the law. You should take legal advice on any particular matter which concerns You. If You do require advice, please get in touch with Us

Limitation of Liability

Neither ELP nor its partners, employees, consultants and/or agents shall be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that ELP shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.

Indemnity

You agree to defend, indemnify and hold harmless ELP, its partners, employees and/or agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) Your use of and access to the Website; (ii) Your violation or non- compliance of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, Intellectual Property Right, or privacy right; or (iv) any claim that one of Your Conent caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

Breach

ELP may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your registration and/or refuse to provide You with access to the Website in the event, but not limited to:

  1. If You breach the Terms of Use or Privacy Policy or other Policies, if any;   
  2. If We are unable to verify or authenticate any information You provide; or  
  3. If it is believed that Your actions give rise to any cause of action to other Users or ELP

We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Us or use the Website in any manner whatsoever until such time that such user is reinstated by Us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, ELP reserves the right to recover any amounts due and owing by You to Us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

Copyright

All information and other material available on this Website is protected by copyright laws. Access to the Website and other content displayed, is subject to these Terms of Use which are deemed to have been accepted by You.

Linking

Electronic links to this site are prohibited without the consent of ELP.

Every effort has been taken to ensure the accuracy of the information on this Website, and the internet links established here. However, because of the nature of the medium and the risks of interruption and disruption, any and all liability which might arise from Your use or reliance on the information or links contained on the Website is excluded.

We do not endorse or accept any responsibility for any content or on software downloaded from any website linked from this Website.

Governing Law and Arbitration

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, India.

Miscellaneous

Nothing contained in these Terms of Use shall constitute You as the agent of ELP or otherwise entitle You to have authority to bind ELP for any purpose.

These Terms of Use together with the Privacy Policy and any other legal notices published by ELP on the Website, shall constitute the entire agreement between You and ELP concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ELP's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

ELP reserves the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

YOU AND ELP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact

We remain available to You with respect to any queries/suggestions you may have regarding Our Website and these Terms of Use. Please report any violations of these Terms of Use to contact@elp-in.com.



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