Terms and Conditions
By agreeing to be a part of these Terms and Conditions of KARMASQUARE PVT LTD ("Lawzgrid" or "We" or "Company"), You ("Professionals") represent and warrant that You have the requisite, qualification, authority, power and capacity to agree with these Terms and Conditions.
The Website www.lawzgrid.com is a Company engaged in offering legal advice and services to Users/persons through our proprietary platform i.e. our Website/mobile applications ("Apps"). We have referred to both Website www.lawzgrid.com and the Mobile Applications as "Website" for convenience. We will list/empanel the Professionals with their area of expertise and will endeavour to help our users with the particulars of the Professionals in selecting the most suitable Professionals for their need and budget for providing legal advice ("Service(s)").
You agree and understand that we are a user focussed Website offering a marketplace for Services and we will consider your empanelment/listing based on your consent to abide by these Terms and Conditions for use of this Website. You also understand that this is a contract of utmost good faith and your empanelment/listing on our Website is conditional on the accuracy of information submitted by you. Subject to the Terms and Conditions enumerated herein below read with the General Terms and Conditions of the Website, we agree to list/empanel You on our proprietary marketplace and You hereby agree to abide by following these Terms and Conditions:
1. DECLARATION ABOUT YOUR COMPETENCY FOR EMPANELMENT /LISTING ON OUR PROPRIETARY MARKET PLACE
To use this service You must be:
- 18 years of age or above. By visiting the Website or by creating an account, You represent and warrant that You are 18 years of age or above, and that You have a right, authority and capacity to use the Website and agree to abide by all or any Terms and Conditions that are mentioned in this Website.
- A qualified Professional having valid Certificate of Practice (Certificate of Practice for CS/CA/CMA and also the Bar Council membership for Advocates).
- An expert in the relevant field and be competent to provide adequate legal advice to our users based on your experience combined with your academic qualifications.
2. INFORMATION REQUIRED
In order to list/empanel You as a competent professional in your chosen area of expertise and to enable us to make payment for services rendered through our Website, we need to know about yourself, your qualifications and your bank details. You are also required to provide complete information with self-attested supporting documents (if needed) to establish your credentials and to enable us to list/empanel your name on our Website. If certain mandatory information is not provided by You then access to the Website as a registered Professional would be denied; and in fact, we will not display your particulars in the Website for our users if we do not receive the requisite information or if we have any reason to doubt the bona fide of your credentials. You represent and warrant that all the information or materials that You would supply to us, about yourself, and others, are true, updated, complete and accurate.
The information that we require are:
- Full Name of the Professional
- Permanent Address
- Residential Address & Office Address
(Address proof may be given: such as Electricity bill, water bill, Election Identity card, driving licence, passport and ration card)
- Mobile Number
- Fax Number
- E-mail Address
- Date of Birth
- Educational Qualifications:
(With proof: Self attested copies of certificates)
- PAN Number
- Present activity with details, and the name of the organizations/firms with which the Professional is associated
- Bank Account Details:
- Bank Account Number with type of account:
- Bank Name with its full address::
- Name as in Bank Account
- IFSC Code of the Bank:
- Attach a scanned copy of a cancelled cheque (required at the time of making payment to You)
- You hereby agree and undertake that You are not involved in any criminal proceedings/case including but not limited to professional misconduct cases initiated by your institutions (i.e Bar Council, Institute of Chartered Accountants, Institute of Company Secretaries and Institute of Cost Management Accountants) and that no case is pending against You as on date in any Court /Tribunal.
- Your valid advocate enrolment details or Certificate of Practice in case of CA/CS/CMA (attach a self attested copy of the same)
- Membership Number of Bar Council or relevant Institutions and any other information requested.
3. TERMS OF PAYMENT
- We shall make all efforts to make payments to You within 30 days of receipt of full and complete invoice(s) (ready for payment) along with all necessary supporting documents/referrals, after deducting our commission/fees. We reserve our right to generate automatic invoices based on data captured through our Website and in such cases we will endeavour to release payments automatically pending receipt of your invoice.
- Our fees for court hearings/meeting shall be 20% plus taxes for all revenue earned from Client inroduced by us. Notwithstanding anything contained in the foregoing, our fee/Commission shall be 25% plus taxes for all services other than court hearings or meeting fees. and indirect taxes will be charged extra to you according to relvant taxation laws for indirect taxes.
- We shall make all payments to You, in accordance with the agreed Terms and Conditions and shall not be liable to make any payments to any other party for any other related obligation under these Terms and Conditions.
- All payments agreed to be made by us to You in accordance with these Terms and Conditions shall be inclusive of all statutory levies, duties, taxes and other charges whenever levied/applicable including costs of maintenance, if any and we shall not be liable to pay any such levies/other charges under or in relation to these Terms and Conditions and/or for the Services.
- Payment shall be made at times in accordance with the referrals on monthly basis as are required by the course of Services.
- If we notice at any time that any amount has been disbursed wrongly or any other amount is due to us, we may without prejudice to its rights recover such amounts by other means after notifying You or deduct such amounts from any payment falling due to You. The details of such recovery, if any, will be intimated to You.
4. PROFESSIONALâ€™S LOGIN
The first and foremost thing with respect to your Account on our Website is that the account that You create is not for sharing purposes. No one else will be allowed access to your account nor will You hold the right to hand over the account accessibility to any third-party. You will have a single username and password to access your account ("login"). You shall not:
- attempt to contact a User outside the platform (Lawzgrid Website), unless that person has already booked your services on the Platform for a Face to Face interaction or Appointment at their office or Telephonic Services.
- ask for contact details of other User in any calls/email or interactions other than calls/email
- interact with the Users outside the platform for a minimum period of 1(one) year after cancellation of these services and if You do so, then We are entitled to claim damages over and above commission on the amount earned from any such interaction with user. Furthermore, we may at our discretion blacklist you or your firm from our website and may also publish list of blacklisted Professionals on our website.
- provide misleading or incomplete information on our platform including, but not limited to, misrepresenting your fees, qualifications, experience level, education, profile picture, Bar Council card information, client reviews or any other required information or materials.
- make default in calculating the total cost of the services and therefore shall maintain accounts for all the Appointment/Service booked for phone or personal meeting and consultation between You and the User. The copy of the same shall be sent to us before the beginning of the following new month.
- disobey the professional ethics and shall comply with the ethical or professional rules of conduct of the jurisdiction in which You are practicing law at all times and we will not be held accountable for any violations of any ethical or professional rules of conduct. Any default with respect to infringement of any professional rules shall hold You liable to compensate us for the same. Penalty shall also be borne by the defaulting Professional.
You also represent and warrant that You have the written consent of each and every identifiable natural person in the User Content to use such personâ€™s name or likeness in the manner contemplated by the Website and these Terms and Conditions, and each such person has released You from any liability that may arise in relation to such use.
5. GENERAL PROVISIONS
- We reserve our exclusive right in our sole discretion to alter, limit or discontinue the Website or any materials posted herein, in any respect. We shall have no obligation to take the needs of any User into consideration in connection therewith.
- We reserve the right to deny You or anyone access to this Website or any portion thereof without notice.
- No waiver or delay in exercising a provision laid down by us or any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative
- The provisions of these Terms and Conditions are severable and if any provisions of these Terms and Conditions are held to be invalid or adjudged unenforceable, the remaining provisions will be enforceable and shall remain in full force regardless of such invalid or unenforceable provisions.
- We may, if necessary, add to, change or remove any part of these Terms or any other content (including features and specifications of the services) described or depicted on the Website, temporarily or permanently at any time, without notice. Any changes to these Terms or any terms posted on this Website apply as soon as they are posted. By continuing to access, browse and use this Website after any changes are posted, you indicate your acceptance of those changes.
- We reserve the right to undertake all necessary steps to ensure that the security, safety and integrity of our systems as well as our userâ€™s interests are wellâ€“protected.
- AVAILABILITY â€“ You shall make yourself available at the time as mentioned by you, for direct contact when necessary. You shall keep your status updated at all times to show whether You are available or not. We reserve our right to transfer our User to any other Professional listed on our Website if You are not available.
Nothing in these Terms and conditions constitutes any fiduciary relationship between us or any relationship of employer-employee, principal and agent, or partnership, between you and our Company.
No Party has any authority to bind the other Party in any manner whatsoever except as agreed upon under these Terms and Conditions.
We hold no obligations to You except as agreed upon under these Terms and Conditions.
We may revise these Terms from time to time, and will always post the most current version on our Website. If a revision meaningfully reduces your rights, we will notify You by posting on our blog or on this page. By continuing to use or access the Website Services after the revisions come into effect, You agree to be bound by the revised Terms.
8. CANCELLATION AND REFUND OF SERVICES
We understand that there may be a scenario wherein cancelling of Services is the only possible solution. We hold the right to cancel, modify or discontinue your Services, either temporarily or permanently for any reason and at any time without prior notice, if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt the use of the Services by others.
If the User opts for cancellation of services, then, we reserve our right to recover the money from You by deducting from any amounts due to You or asking You to refund if such amount has already been paid to You.
9. INDEMNITY AND RELEASEM
You agree to release, indemnify and hold us and our employees, directors and related agent harmless from any and all losses, damages, expenses, including reasonable professional's fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims or User claims relating to your Service, and violation of these Terms.
10. NON-COMPETE AND NON-CIRCUMVENT
You with any other person including any of your relative/friend/acquaintance or associate, either in your own name or indirectly in the name of any associate person(s), shall not solicit, approach, entice or endeavour to solicit or to entice or assist any other person, whether by means of supply of names or information or by any other means, whatsoever, to solicit or entice away from Third Party Business, Client/prospective Clients, any existing employee, director, dealer, vendor or business associate of such other party.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
(Please read this section carefully, as it affects your rights.)
All disputes arising between us shall be referred to Arbitration by a Sole Arbitrator appointed by any Director of our Company. The venue and seat of arbitration shall be New Delhi. The arbitration proceedings shall be in the English language. The award of the Arbitrator shall be final and binding on both of us.
The said arbitration proceedings shall be governed and construed in accordance with the rules of The Indian Council of Arbitration and modifications thereof as in force at the relevant time.
These terms and conditions are governed by and shall be construed in accordance with the laws of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts of Delhi to the exclusion of any other courts that may otherwise have jurisdiction in the matter.
12. APPLICABLE LAW
These Terms and Conditions are published in compliance of, and is governed by the provisions of the Indian laws, including but limited to:
- the Indian Contract Act, 1872,
- the Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the "SPI Rules").
The Terms will be governed by laws of India except for its conflicts of laws principles. We assume no liability or responsibility arising from violation of these terms. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
13. WAIVER, SEVERABILITY AND ASSIGNMENT
You hereby agree that failure to enforce a provision is not a waiver of its right to do so later. If any part of the provision is not enforceable, then the remaining provisions of these Terms will remain in full effect and the enforceable Terms will be substituted reflecting our intention. You may not assign any of your rights under these Terms, and any such attempt will be considered as void. We may assign its rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.