Letsgetlegal LLP is the author, publisher, and owner of the internet resource www.letsgetlegal.in (the “Website”) and also of the software, hardware, and applications provided by us, including but not limited to the Website and any other applications, software, etc. created, or to be created by us at Letsgetlegal.
IT IS MOST EXPLICITLY STATED AND UNDERSTOOD THAT:
1.1- This Document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder, and the amended provisions as applicable and pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require physical or digital signatures.
i. Section 43A of the Information Technology Act, 2000;
ii. Regulation 3(1) of the Information Technology Rules, 2011;
iii. Regulation 4 of the Information Technology Rules, 2011;
1.3- The domain name www.letsgetlegal.in (“Website”), is owned and operated by LETSGETLEGAL LLP (“Firm”), a Limited Liability Partnership incorporated under the provisions of the Limited Liability Partnership Act, 2008, and having its registered office at, #10, HMT Layout, R.T Nagar, Bangalore, 560 008, which expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, partners, officers, agents, and their successors and assigns.
i. The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii. The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Firm, as the context so requires.
iii. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
1.5- The headings of each section in this particular policy are just for the purpose of organizing the different parts of this policy in an orderly manner, and shall not be used by either of the parties to interpret the provisions contained herein in any manner whatsoever. It is also specifically agreed to by the Parties that the headings shall have no legal or contractual value.
1.6- The use of the Website by the User is solely governed by this Policy as well as the Terms & Conditions of the Website (“Terms”, available at www.letsgetlegal.in ), and any modifications or amendments made thereto by the Firm from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the user’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus and that expiry/termination of either one will lead to the termination of the other.
1.7- The user unequivocally agrees that this Policy and the aforementioned terms constitute a legally binding agreement between the user and the Firm. Hence, the user shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the terms, and shall be treated as part and parcel of the same. The user acknowledges and agrees that no signatures or express act are required to make these Terms and the Policy binding on the user and that the user’s act of visiting any part of the Website constitutes the user’s full and final acceptance of the Policy and the Terms.
1.8- The Parties expressly agree that the Website/Firm retains the sole and exclusive right to amend or modify the Policy and the Terms without any prior permission or intimation to the user, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The user has a duty to periodically check the Policy and Terms, and stay updated on its provisions and requirements. If the user continues to use the Website following such a change, the user will be deemed to have consented to any and all amendments/modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access, and use the Website.
2. PERSONAL INFORMATION AND OTHER INFORMATION
2.1- The user expressly agrees and acknowledges the fact that the Firm collects and stores user personal information, provided by the user from time to time on the Website, including but not limited to the username, passwords, email address, name, address, age, date of birth, sex, nationality, shopping preferences, browsing history, etc., as well as any images or other information uploaded/published among others by the user on the Website. The user is aware that this information will be used by the Firm to provide services and features targeted at the user, that are most likely to meet the user’s needs, and also to customize and improve the Website to make its users’ experiences safer and easier.
2.2- The user is aware that the cookies or the Firm/Website may automatically track certain information about the user based upon the user’s IP Address and the user’s behavior on the website, and the User expressly consents to the same. The user is aware that this information is going to be used to do internal research on demographics, interests, and also behavior so as to enable the Firm/website to better understand and tailor to cater to the interests of its users. The user is expressly made aware that such information may include the URL that the user visited prior to accessing the Website, the URL which the user subsequently visits, even if these URLs form a part of the website or not, and also the computer/web browser information, IP address, etc.
2.3- If the user chooses to purchase products/services from the Website, the User consents to allow the Firm/website to collect information about the user’s buying behavior and trends.
2.4- If the user chooses to post messages/reviews/feedback anywhere on the website, including but not limited to message boards, chat rooms, other message areas, etc. the user is aware that any and all such information provided/uploaded will be collected and stored by the Firm indefinitely. It is also mentioned that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc. and that such information if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used as permitted by applicable laws.
2.5- The user is aware that any and all information pertaining to himself/herself collected by the Website/Firm, whether or not directly provided by the user to the Firm, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the user’s activities or postings on the Website, etc., may be collected and compiled by the Firm/Website into a file/folder specifically created for / allotted to the user, and the User hereby expressly consents to the same.
2.6- The user is aware that while he/she can browse some sections of the website without being a registered user, certain activities (such as placing an order) require the user to provide valid personal information to the Firm/Website for the purpose of registration. The user is aware that the contact information provided by the Firm/Website may be used to send the user offers and promotions, whether or not based on the user’s previous orders and interests, and the User hereby expressly consents to receive the same.
2.7- The User is aware that the Firm/Website may occasionally request the User to complete optional online surveys. These surveys may require the user to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The user is aware that this data is used to customize the Website for the benefit of the user, and providing all users of the Website with products/services/content that the Firm / Website believes they might be interested in availing of, and also to display content according to the user’s preferences.
2.8- The user is further aware that the Firm / Website may occasionally request the user to write reviews for products/services purchased/availed of by the user from the Website, and also review for the various sellers listing their products/services on the Website. The user is aware that such reviews will help other users of the website make prudent and correct purchases, and also help the Firm / Website remove sellers whose products are unsatisfactory in any way, and the user hereby expressly authorizes the Firm / Website to publish any and all reviews written by the user on the Website, along with the user’s name and certain contact details, for the benefit and use of other users of the Website.
2.9- Nothing contained herein shall be deemed to compel the Website/Firm to store, upload, publish or display in any manner content/reviews/surveys/feedback submitted by the user, and the user hereby expressly authorizes the Firm/Website to remove from the Website any such content, review, survey or feedback submitted by the user, without cause or being required to notify the user of the same.
2.10 Collection of Personal Information
2.10.1- It is to be understood that the purview of our services, requires us to know who you are to better cater to your needs. We may get in touch with you via email or phone call and when you access our services, you will be asked to voluntarily provide certain information that could personally identify you. You hereby expressly and impliedly consent to the collection of such information by the Firm/Website. The information collected by us cannot be fully determined, but it includes and is not limited to;
Contact details such as name, mobile number, email ID.
Demographic data such as one’s gender, date of birth, and Pincode or address.
Data with regards to the usage of services provided by us and the history of the availability of such service through us.
Any such other information that you may voluntarily choose to provide us with.
2.10.2- Such information collected from you by the Website/Firm may constitute ‘Personal Information’ or ‘Sensitive Personal Data under the SPI Rules (Sensitive Personal Data Rules)
2.10.3- “Personal Information” is clearly mentioned under the SPI Rules, which means that any information relating to a natural person, which is information that is available to a body corporate and is capable of identifying such a person, directly or indirectly.
The SPI Rules also classify “Sensitive Personal Data” of a person to mean personal information about that person relating to:
ii. Financial Information like credit/debit card details, bank details, etc.
iii. Information received by body corporate under lawful contract or otherwise.
iv. Data of messages or call records.
It is stated that the Firm/Website will be free to use, collect or disclose information that is freely available in the public domain without your consent.
2.11- We might also record telephonic conversations or records of electronic communication received and made for the purpose of administering and bettering the services, customer support, research, and development, etc.
2.11.1- We will try to communicate with the end-users of the website through email, phone calls, or notices on the Website along with other forms of messages. The End User is free to change their contact details if any.
2.11.2- There might occur instances where we conduct a user survey to collect information about end-users preferences. These surveys are fully optional to the end-users and their responses, if any, will be kept anonymous. The demographic information that we collect is used to improve our services to meet the expectations of the end-users.
2.11.3- We understand the importance of privacy and respect the confidentiality of every user’s personal information or sensitive personal data. We have ensured to take steps and keep certain procedures and technology in place that ensure the security of all personal data from the point of collection till the point of deletion/destruction. We may at times transfer such data to a third-party data processor that is helping us and any third-party data processor that we transfer personal data to shall comply with the procedures and policies already set in place. Generally, these third parties do not have any independent right to share this information, however certain third parties who provide services on the website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to third parties, solely for the intended purposes only.
The user is aware that a ‘cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a user’s login identification, password, etc. The user is aware that the website places both permanent and temporary cookies in the user’s computer’s hard drive and web browser, and does hereby expressly consent to the same.
The user is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Website. The user expressly agrees and acknowledges that the Firm / Website does not control the use of such cookies/other devices by third parties, that the Firm / Website is in no way responsible for the same.
The user is also aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyze web page flow, measure promotional effectiveness, and promote trust and safety, certain features of the website are only available through the use of such cookies. While the user is free to decline the Website’s cookies if the user’s browser permits, the user may possibly be unable to use certain parts/features on the Website.
4.1- Transactions taking place on the Website are 100% secure and protected. Any information entered by the user during a transaction on the Website is encrypted to protect the user against unintentional disclosure to third parties. The user’s credit and debit card information is not received, stored by, or retained by the Firm/Website in any manner. This information is supplied by the user directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
4.2- Privacy Statements Security:
4.2.2- All information provided to us by any user, including personal information or any sensitive personal data or information, is voluntary and never done under any duress or force. It is to be understood that we may use certain personal information or ‘Sensitive Personal Data’ under the SPI Rules for a few different purposes as listed below:
For the purpose of providing you services through our Website;
For commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis, and business intelligence purposes;
For the transfer or sale of such research, statistical data in a form that is non-personally identifiable to third parties;
For the process of contacting users to complete a transaction, if any is left incomplete.
It is also stated that we reserve the right to use the information provided by or about the end-user for purposes as mentioned below, such as:
Publishing such information on our Website;
Contacting the users for taking up their services, new services if any, or providing feedback;
Analyzing software usage patterns for the improvement of our services, service reach, or for commercial use analysis, etc;
Processing payments, including the ones through third-party service providers such as payment gateways, banking and financial institutions, payment wallets, etc for processing of transactions.
4.3 Notwithstanding the contents of this Policy, we are not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties that are not in the scope of this agreement with such partners and third parties. Further, we are not responsible for any breach of security or issues of any third parties that are beyond the reasonable control of the Firm/Website including but not limited to, acts of governmental agencies, uncontrollable hacking, unauthorized access to computer data and storage devices, breach of security and encryption, poor quality of Internet/Audio service, etc among similar lines.
6. THIRD PARTY ADVERTISEMENTS OR PROMOTIONS
The user is aware that the Firm/Website uses third-party advertising companies to serve ads to the users of the website. The user is aware that these companies may use information relating to the user’s visits to the website and other websites in order to provide customized advertisements to the user. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the user. The Firm/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the user expressly acknowledges the same and agrees that any and all risks associated will be borne by the User.
7. SHARING OF PERSONAL INFORMATION
7.1 The user is aware that the Firm/Website may share the user’s personal information with other corporate entities and affiliates to help detect and prevent identity theft or fraud and other types of potentially illegal acts, correlate related or multiple accounts to prevent abuse of the Website’s services, and also to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
7.2- The user is aware that the Firm/Website may disclose personal information if required to do so by law or if the Firm/Website in good faith believes that such disclosure is reasonably necessary to respond to any summons, court orders or other legal processes. The Firm/Website may also disclose the user’s personal information to law enforcement officers, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
7.3- The user is further aware that the Firm/Website and its affiliates may share/sell some or all of the user’s personal information with other business entities should the (or its assets) plan to merge with or be acquired by such business entity, or in the event of a reorganization, amalgamation, or restructuring of the Firm’s business. Such business entities or new entities will continue to be bound by the Terms and Policy, as may be amended from time to time.
It is also to be noted that such breach or violation of personal information occurring by the third party due to uncontrollable situations, we are not at all liable for the same.
8. USER’S CONSENT
By using the Website and/or by providing information to the Firm through the Website, the user is consenting to the collection and usage of information disclosed by the user on the Website in accordance with the terms of this Policy, which includes but is not limited to the user’s consent towards sharing/divulging the user information, as per the terms contained hereinabove in Clause 6 of this Policy.
9. GRIEVANCE OFFICER
In case of any grievances, in accordance with the Information Technology Act of 200 and rules made thereunder, the details of the Grievance Officer’s are provided below: firstname.lastname@example.org
10. DISPUTE RESOLUTION AND JURISDICTION
10.1 It is expressly agreed to by the Parties hereto that the formation interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
i. Mediation: In case of any dispute between the Parties. The Parties will make an attempt to try and resolve the same amicably amongst themselves, to the mutual satisfaction of both the parties. In the event that the parties are unable to reach such an amicable solution within sixty days of one Party communicating the existence of a dispute to the other party, the dispute will be resolved by arbitration, as explained in detail below:
ii. Arbitration: In the event that the parties are unable to amicably resolve a dispute by mediation, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and an award passed as such by the sole arbitrator will be valid and binding on both the parties. The parties shall bear their own costs for the proceedings, although the sole arbitrator may direct in his/her sole discretion to either party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of arbitration shall be the city of Bangalore, in the state of Karnataka, India, or can take place through the online medium for arbitration as preferred by the parties to the arbitration.
10.2- The parties expressly agree that the terms, policy, and other agreements entered into between the parties are governed by the laws, rules, and regulations of India and that the Courts at Bangalore, India, shall have exclusive jurisdiction over any disputes arising between the parties.