Terms of Service
In addition, you understand that the specific method, features and services offered on LawStar may be altered, improved, removed or adapted at any time by LawStar in its sole discretion and without any notice. If you do not agree with any of these terms, do not use this site.
The following Terms of usage governs the use of “LawStar” and its services provided by PAPA Consultancy Pvt. Ltd., these terms apply to the services generally and the additional terms of service applicable to each service offering are set forth below.
For the purpose of this Terms of service, along with any amendments to the same, and wherever the context so requires
i) The term “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
ii) The term “Authorized User” shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who has been added to the account as users.
iii) The term “Content” shall mean any information on LawStar or any information posted by you in connection with the Service.
iv) The term “Services” shall mean and refer to the services and software provided by LawStar.
v) The term “Subscriber” shall refer to the purchaser of the Services provided by LawStar and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
vi) The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
vii) The terms ‘We’, ‘Our’, ‘Company’ shall mean PAPA Consultancy Pvt. Ltd., as the context so requires.
viii) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on LawStar, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
We offer the following Services through our software “LawStar” as a service platform that we host for our Subscribers for online legal practice management. To subscribe for a Service, You must complete the sign-up procedure for that service. You are only entitled to use the services for which you have subscribed and paid for (if a payment plan is applicable to your subscription). The subscriber is only permitted to access and use the Service if he/she is a Subscriber or an Authorized User. We are responsible for providing a secure method of authentication and accessing our service.
4. RIGHTS AND OBLIGATIONS
a. License: Subject to this Agreement, we hereby grant to you a non-exclusive, non-transferable, limited right and license to use (and permit your authorized users to use) the Services to which you have subscribed solely for your internal business purposes.
b. Your responsibilities and restrictions: You are responsible for all activities that occur under your user accounts or by your authorized users. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you submit to the services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us promptly of any unauthorized use or security breach; (iii) comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; (iv) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges incurred by you in connection with your use of the Services.
c. Authorized Users: You (i) are responsible for your authorized users' compliance with the Agreement, and (ii) shall use commercially reasonable efforts to prevent unauthorized access to or use of the services and shall notify us immediately of any such unauthorized access or use. It is your responsibility to remove access to the services if the authorized status of a user or designated employee changes.
d. Obligations: You are a restricted user of LawStar.
i. You may not, and you shall ensure your Authorized Users do not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from LawStar. With our prior permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of LawStar is not permitted.
ii. You agree not to access (or attempt to access) LawStar or Services by any means other than through the interface that is provided by LawStar. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of LawStar or Content, or in any way reproduce or circumvent the navigational structure or presentation of LawStar, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through LawStar. You acknowledge and agree that by accessing or using LawStar or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on LawStar. Further, You may report such offensive content.
5. TERM AND TERMINATION
The term of the Agreement shall be in force for as long as You continue to access and use LawStar. Upon termination of the Agreement, You will immediately discontinue all use of the Services, cease to represent in any form that You are a User of the Services, and destroy all our Confidential Information in your possession. Neither party shall be liable for any damages resulting from a termination of the Agreement or any subscriptions to Services as provided for herein; provided, however, that the termination of the Agreement shall not affect any claim arising prior to such termination.
6. CONFIDENTIAL INFORMATION
Unless expressly authorized by the other party, neither party shall disclose to any Third Party any information or materials provided by the other party under the Agreement and reasonably understood to be confidential ("Confidential Information"), or use such Confidential Information in any manner other than to perform its obligations under the Agreement. Furthermore, you will, and will ensure your authorized users will keep in strict confidence all passwords and other access information to the Services. This Section shall survive termination or expiration of this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with LawStar, as well as its selection and arrangement, is owned by LawStar. You may use the Content only through LawStar, and solely for Your personal, non-commercial use. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through LawStar, not to insert any code or product or manipulate the content of LawStar in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method.
8. LIMITATION OF LIABILITY
a) LawStar accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of LawStar or any product purchased or service availed of by the User through LawStar. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. LawStar will not be liable to you for the unavailability or failure of Application.
b) Users may be held legally responsible for damages suffered by other Users, LawStar or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to LawStar.
c) All Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d) LawStar expressly excludes any liability for any loss or damage that was not reasonably foreseeable by LawStar and which is incurred by you in connection with LawStar, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e) To the fullest extent permitted by law, LawStar shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of LawStar.
9. DISCLAIMERS OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law: LawStar, services and other materials are provided by LawStar is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. LawStar also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content. The user understands and agrees that any material or data downloaded or otherwise obtained through LawStar is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. LawStar accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. We shall not be liable for any third party product or services. The advertisement available on e-mail or LawStar with respect to the third party software or the products and services are for information purpose only.
10. Indemnification and limitation of liability
You agree to indemnify, defend and hold harmless this LawStar including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of LawStar, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights. In no event shall LawStar, its officers, directors, employees, partners or suppliers be liable to you, the vendor or the user or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to LawStar, services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
11. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case, both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Delhi, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. The arbitration shall be held at Delhi. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in New Delhi, India.
13. DISPUTE COMMUNICATION
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or to [email protected]
14. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and LawStar with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: LawStar and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
15. CONTACT US
If you have any questions about this Agreement, the practices of LawStar, or your experience with the Service, you can contact us through [email protected]