Terms and Conditions
Please read this terms of service agreement carefully. By using this Platform and its services, you are impliedly agreeing to be bound by all terms and conditions of this agreement.
1. Objective
1.1 These Terms & Conditions (the “Terms”) sets forth the terms that apply to the access and use of the Platform https://advocateprerna.com(the “Platform”) and the Services rendered thereof. The Platform is owned and operated by Lex Mores Tech Private Limited (the “Company”), a company incorporated under the Companies Act, 2013. The Company runs the Platform which is an education portal i.e., it uses software and technology to render educational courses and training to individuals and lawyers (the “Business”). Users are requested to carefully read these Terms prior to accessing, browsing, or using the Platform. Accessing, browsing, or using the Platform by the Visitors or Users, shall be deemed to constitute their acceptance of these Terms and an undertaking to be bound by its provisions.
1.2 This document is an “Electronic Record” in accordance with the provisions of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information and Technology Act, 2000. This electronic record is generated by the computer system and does not require any physical or electronic signature. This document constitutes a legally binding agreement between the User and the Company establishing the rights and obligations pertaining to the use of the Platform and availing the various Services, features, content, and offerings available on it.
1.3 The Company reserves the right, at its sole discretion, to amend, modify, add, or delete portions of the Terms, at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Platform following the amended Terms shall mean that you accept and agree to the edits. Kindly note, for the purpose of these Terms, the use of “we”, “us”, and “ours” refers to the Company. Whenever the context so requires, “you”, “your” or “user” shall mean any natural or legal person who browses through the Platform to gain information about the Company and the Services offered by it.
2. Definitions
In these Terms the following definitions shall apply, unless the context otherwise requires:
2.1 “Account” shall mean the user account created by the Users on the Platform to avail the Services offered through the Platform.
2.2 “Data Protection Laws” means the Data Protection Act 1998 as amended, updated and re-enacted from time to time, the EC Directive on the protection of individuals with regard to the Processing of personal data and on the free movement of such data (95/46/EC), the General Data Protection Regulation (Regulation (EU) 2016/679) and all local laws or regulations giving effect to the Directive and Regulation (as any such legislation, directive or regulation may be amended, extended or re-enacted);
2.3 “Intellectual Property Rights” means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting;
2.4 “Platform” is the reference to our Platform https://advocateprerna.com/ through which we offer our Services.
2.5 “Services” shall mean and include the services which is inclusive of but not limited to providing online educational courses, training and study material including videos, presentations, etc and such other services that are provided to the Users with the use of technology through the Platform.
2.6 “User” shall include any person accessing this Platform of the Company. The term user is inclusive of the people who place an order for availing Services offered through the Platform.
3. General Terms Governing The Platform
3.1 This Platform offers for sale certain Courses as part of its Service. By placing an order for any Course through this Platform, you agree to the terms set forth in this Agreement.
3.2 Unless you notify our third-party call center reps or our direct sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from the Platform and its designated in house or third party call team(s).
3.3 If you avail any Service, you will be responsible for paying any applicable tax or other statutory levies.
3.4 All Services and other information displayed on the Platform constitute an “invitation to offer”. Your order for availing the Services available on the Platform by raising a purchase order shall constitute an “Offer”. The Company reserves the right to accept or reject this offer, based on several factors as per the sole discretion of the Company and our confirmation of your order shall constitute the “acceptance of offer”.
3.5 Further, the Company reserves the right to block your access from the Platform if you are found acting in contravention of the Terms and/or the Policy of the Company. You, by accessing or using the Platform, acknowledge that you are well aware of the Terms, have read and understood them, and thereby agree to be bound by the same.
3.6 For using the Services, the User agrees that he is eligible to enter into legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to enter into transactions with the Company, and their access will be restricted or blocked as soon as the Company is aware of the same. The Company reserves the right to terminate your order and refuse to provide you with access to the Platform and Services rendered thereof as soon as the Company discovers that you are below 18 years of age or do not have the required approval from your parents/legal guardian.
3.7 For the duration of the applicability of these terms, the Platform grants to the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the Service for the purpose of being a Customer.
3.8 The Users shall be entitled to browse and follow the Services listed under this Platform.
3.9 The Platform reserves the right to record phone all conversations between the User and the Platform’s employees or agents for training and documentation purposes.
3.10 As a User of the Platform, one shall be prompted to confirm his/her personal identity. The Platform reserves it’s right to verify the information provided to it by the User as per the requirements of this Agreement. List of documents required for identity verification will be notified by the Platform from time to time.
3.11 The User shall not (and shall not permit any third party to) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Platform or the Service in whole or in part.
3.12 The User shall not (and shall not permit anyone else to) publish, copy, store, modify, transmit, distribute or broadcast any part of the Content except where it is necessary to do so to enable the User to receive the Service in accordance with these Terms.
3.13 It is your responsibility to keep your account details, login id, and password confidential at all times. You hereby accept the responsibility for all activities that occur under your account and the Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect the account details or the password.
3.14 The User shall immediately notify the Platform if they have reason to believe that:
3.14.1. The password is no longer confidential;
3.14.2. has been an unauthorised use of the Password or the User’s Service account; or
3.14.3. There has been any other breach of security relating to the Password, the Platform or the Service.
3.15 The Platform at its sole discretion reserves the right to:
3.15.1. Refuse to accept a User’s registration;
3.15.2. Limit a User’s access to the whole or any part of the Service at any time; and/or
3.15.3. Cancel, suspend or withdraw a User’s access to the whole or any part of the Service at any time.
3.15.4. The Platform shall not be liable to the Customer for any refunds towards refurbishing of the Services.
3.16 The User is not warranted to:
3.16.1. obtain or attempt to obtain, the Service by re-arranging, tampering with, or making connection with any facilities of the Platform, or by any trick, scheme, false representation or by or through any other fraudulent means or devices whatsoever in whole or in part;
3.16.2. attempt to, or actually, obtain, access, alter or destroy any one or more of the software, data files, programs, procedures or information of the Platform or of another user of the Service;
3.16.3. use the Service in such a manner as to interfere unreasonably with the use of the Service by any other User or authorised person; or
3.16.4. allow any other person or entity to use or access the Service unless they are a duly authorised officer, agent or other representative of the User.
4. Platform
4.1. To avail of services on the Platform, the Users shall register and create an account with the Platform that would require the Personal Information of the Users i.e., name, address, contact number, and email Id, amongst other matters. Please note that for the purposes of transacting with the Company to avail the Services, you shall have to provide us with your sensitive data, i.e., debit/credit card information, CVV number, expiry date, or details regarding the other payment options that you may select.
4.2. The Company may call/email the Users in relation to the availed Services or as a part of the other activities undertaken by the Company; however, no representative of the Company would ever contact the User to inquire about their credentials and you are strictly advised not to share such information with any third person. Further, you are requested to inform us immediately regarding such faux calls/emails so as to enable the Company to take appropriate steps towards the same.
4.3. You agree to use the Services provided by the Company for lawful purposes only and shall comply with all applicable laws and regulations while using and transacting on the Platform.
4.4. The Company reserves the right to refuse the Services, terminate User accounts, remove or edit the content on the Platform or cancel an order in its sole discretion.
4.5. You agree to provide true, accurate, current, and complete information about yourself as required by the Company during the registration process; and for any changes in the data provided at any point in time, the User shall promptly inform the Company.
4.6. In case, any information provided by you is found to be untrue, inaccurate, or incomplete or the Company suspects such information to be untrue or inaccurate, the Company will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform. Further, the Company may initiate appropriate legal proceedings against you at its sole discretion.
4.7. You acknowledge that your use of the content on this Platform is for personal, noncommercial use, and that you are not using the Platform for any illegal purposes.
4.8. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform and/or App (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform and/or App by other users, (3) not resell material on the Platform, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Platform.
5. Price And Payment
5.1. Any contract for availing the Services from this platform is between you and the Company. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of placing the order. You also warrant that the financial information like that of credit or debit card details that you provide are of your own and that you have sufficient funds to make and process the payment.
5.2. All the prices listed on the Platform are correct at the time of publication. We also reserve the right to alter the Course catalogue on the Platform. The Company endeavours to provide accurate pricing information for the services, howsoever typographical and other errors may occur. In the event that any Service is listed at an incorrect price or with incorrect information, we may contact you to either provide you with a solution or cancel your order(s). In such cases, the payment shall be returned to the User within 07 (Seven) business days of such cancellation.
5.3. The price for the plans displayed is including GST. Full payment must be made for all items ordered via online payment, e.g., Google Pay, Razorpay, PhonePay, Paytm, Amazon Pay, Mobikwik, Freecharge, Airtel Money, JioMoney, PayZapp, Net banking, or SBI Buddy etc.
5.4. The Company uses third-party payment providers to receive payments from the User, and therefore, the Company shall not be responsible for delays or erroneous transactions, or cancellation of orders due to payment issues. The User agrees that the Company takes utmost care while dealing with third-party payment providers, but does not control their systems, processes, technology, and workflows, hence the Company cannot be held responsible for any fault at the end of payment providers.
5.5. Any refund request shall be made within 5 days of Purchase by sending an email on info@advocateprerna.com
6. Content, Intellectual Property, And Proprietary Rights
6.1. Apart from any content or information provided by a User or any third-party, the ownership and any and all rights, titles, and interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs whether registered or not) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, study materials, titles, videos, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
6.2. The Company does not claim any ownership of the information uploaded or submitted by the Users and the same shall belong to the User solely. The Company is under no obligation to monitor the information and content as stipulated herein and does not attest to the veracity, accuracy, credibility, authenticity, or integrity of such information and content.
6.3. For any content posted by you on the Platform that violates the intellectual property rights of a third party, you shall be liable for such violation and the Company shall have no liability towards the same.
6.4. You grant the Company the right to authorize the downloading and printing in whole or in part any content that you post to the Platform.
6.5. The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.
7. Disclaimer of Warranties
7.1. The Platform and the Services, features, offerings, information, and content available on it is available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non- infringement, or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.
7.2. The Company provides no warranty that:
7.2.1. The Services will be uninterrupted and free from any bugs or errors;
7.2.2. The Services will meet your requirement;
7.2.3. Accuracy or reliability of the results that may be obtained from the use of Services;
7.2.4. The quality of Services, information, or other material obtained by you from or through the Platform will meet your expectation;
7.2.5. The Platform will be compatible with your device;
7.2.6. The accuracy of data provided on the platform.
7.3. The Company, its officers, directors, employees, affiliates, or agents shall not be liable, whether in contract or tort in any manner whatsoever for a) any interruptions in the Services; b) delay in access or interruptions on the Platform; c) loss, theft, non-delivery, destruction, corruption, of data; d) any loss or damage incurred as a result of your access or usage of the Platform; e) the occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform; f) inaccuracies or omission in the content; g) any other event beyond the control of the Company.
7.4. The Platform does not charge any registration or browsing fee; however, the User is required to pay to avail Services as stipulated under this Terms of Use. The Company reserves the absolute right and discretion to modify, amend, or update the terms from time to time, with or without notice to the Users, which shall become effective immediately after posting the same on the Platform and shall form a part of the Terms of Use. Your continued use of the Platform shall be deemed as an acceptance of the amended or modified Terms of Use.
7.5. In order to render Services, the Company may be required to enter into arrangements or agreements with third-party payment gateways, facilitators, or processors for collection, refund, remittance, or payment made by you on the Platform. The Company hereby disclaims all warranty in respect of any of the Services brought to you by the third-party service providers.
7.6. The Company shall assume no liability whatsoever in respect of any loss or damage arising directly or indirectly to you or any third-party due to:
7.6.1. Lack of authorization for any transaction.
7.6.2. Illegitimacy of the payment method (including debit/credit card fraud) being used by you.
7.6.3. Lack of authorization for any transaction made using the Platform.
7.6.4. The decline of transactions by issuing Bank for any other reason whatsoever.
7.6.5. The use of the Platform and any resultant connection, exchange, communications, or transaction does not constitute an offer, advice, counselling, or recommendation on part of the Company, and any loss, liability, expenses, damages, or judgments incurred by any User as a result of entering into a transaction by using the Platform shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.
8. Taxes
8.1. Each Party shall be liable to pay all applicable taxes in respect of the income it earns in accordance with applicable laws. In case either Party is under an obligation to deduct tax at source and/or any levy/tax, the deducting Party shall issue a requisite certificate to the other Party evidencing such deduction of tax.
9. Grievance Support
9.1. The Platform makes a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users.
9.2. Technical complaints or Service development suggestions will be considered for future software upgrades. User’s suggestions may not result in changes to the software or the Platform business practices.
9.3. The Platform reserves the right not to respond to customer support questions or complaints that offend the Platform’s employees or agents, or individuals who, in the opinion of the Platform, are not current users of the Platform, or have been suspended from using the Platform and its Services.
10. Breach of Terms and Conditions
10.1. Without limiting other remedies available to the Platform at law, in equity or under this Terms and Conditions, the Platform may, in our sole discretion, immediately issue a warning, suspend or terminate your Course membership and refuse to provide services to User if:
10.1.1. User breach these Terms and Conditions or Personal Information and Privacy policy;
10.1.2. The Platform is unable to verify or authenticate any information provided by the User;or
10.1.3. The Platform believes that the actions of User may cause legal liability to the Platform.
11. Limitation of Liability
11.1. The platform’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the platform and/or content and services and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for services purchased via the platform.
11.2. The platform will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services in any manner, including liabilities resulting from (1) the use or the inability to use the platform and/or content or services; (2) the cost of procuring substitute services or content; (3) any services purchased or obtained or transactions entered into through the platform and/or; or (4) any lost profits you allege.
12. Indemnification
12.1. You will release, indemnify, defend and hold harmless the Platform, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Platform.
12.2. The Platform will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Services, with counsel of the Platform choice at its expense. The Platform will reasonably cooperate in any defense by you of a third-party claim at your request and expense.
12.3. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Services offered herein.
13. Force Majeure
13.1. The Platform shall not be responsible for any delay in, or failure of, the Service or the internet due to any occurrence commonly known as force majeure, including war, riots, embargoes, terrorism, strikes, or other concerted acts of workmen (whether of the Platform’s or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond the Platform’s control, which prevent or hinder the performance of the Platform or any of its obligations hereunder.
13.2. In such circumstances, the Platform shall be entitled to a reasonable extension of the time for the reinstatement of such Service. If the period of delay or non-performance continues for a period of eight (8) weeks or more, the User or the Platform may terminate these Terms by giving not less than fourteen (14) days written notice to the other party.
14. Waiver
14.1. Failure or neglect by the Platform to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Platform’s rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice the Platform’s rights to take subsequent action.
15. Assignment
15.1. Neither these Terms nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of the Platform, and the Platform reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User however occurring shall relieve the User of their obligations hereunder.
15.2. The Platform is fully entitled to assign or transfer these Terms or the Service at any time.
16. Severability
16.1. If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms or the law of any other jurisdiction of that or any other provision of these Terms.
17. Dispute Resolution Mechanism
17.1. You and/or the Platform, agree that any dispute arising out of or relating to this Agreement including its interpretation by arbitration, shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (as amended up to date).
17.2. You agree that the disputes shall be decided by a single Arbitrator appointed by You and the Platform. Any such dispute shall be decided and determined on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
17.3. The arbitration proceedings shall be conducted in New Delhi, India. Either of us may, subject to the provisions of the Arbitration & Conciliation Act, 1996, and to the extent permitted thereunder, seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of You or the Platform (or its agents, suppliers, service providers and subcontractors), subject to Clause 19.
17.4. Any arbitration shall be confidential, and neither of us shall disclose the existence, content or results of any such arbitration proceedings, except as may be required by law or for purposes of enforcing or challenging the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation.
17.5. The language of such Arbitration proceedings shall be English.
18. Jurisdiction and Governing Law
18.1. These Terms shall be governed and construed in accordance with Indian law and parties hereby submit themselves to the exclusive jurisdiction of the Indian courts in respect of any claim (including non-contractual disputes or claims).
18.2. If you choose to visit the Platform, your visit and any dispute over your privacy is subject to this Platform’s terms of use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India.
18.3. Subject to Clause 18, You agree that courts in New Delhi, India, shall have exclusive jurisdiction in respect of disputes between us.
CONTACT US
If you have any queries or concerns regarding our Terms & Conditions and Privacy Policy, or any other policies, you can reach out to us on our contact information given on our Contact Us page or you can write to us at info@advocateprerna.com