Privacy Policy
1. GENERAL
a) This is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions 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 any physical or digital signatures.
b) It 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.lawgenix.com
c) The domain name www.lawgenix.com (“Website”), is owned and operated by Lawgenix (“Company”) a sole proprietorship, and having its registered office at 837, 8th Floor, Tower-A, Bestech Business Towers, Sector-66, S.A.S. Nagar, Mohali, Punjab-160059, where such expression shall, unless repugnant to the context thereof, be considered to consist of its respective representatives, administrators, employees, sole proprietor, officers, agents and their successors and assigns.
d) For the purpose of this Privacy Policy (“Policy”), wherever the context so requires,
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 Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an arranged manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The use of the Website by the User is exclusively governed by this Policy as well as the Terms & Conditions (“Terms”) of the Company, and any variations or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services offered on the Website shall be considered to indicate the User’s unambiguous approval of this Policy and the aforementioned Terms, and the User explicitly agrees to be bound by the same. The User clearly agrees and recognizes that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.
g) The User plainly agrees that this Policy and the aforesaid Terms constitute a legally binding agreement between the User and the Company, and that 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 believed to be integrated into the Terms, and shall be treated as part and parcel of the same. The User admit and agrees that no signature or express act is 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 amount to the User’s full and final acceptance of the Policy and the aforesaid Terms.
h) The Parties specifically agree that the Company hold the sole and exclusive right to revise or modify the Policy and the aforestated Terms without any prior authorization or intimation to the User, and the User clearly concurs that any such changes or modifications shall come into effect instantly. The User has a duty to sporadically check the Policy and Terms, and stay modernized on their provisions and requirements. If the User keep on to use the Website following such an alteration, the User will be supposed to have consented to any and all amendments/ modifications made to the Policy and Terms. In so far as the User abides by with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited right to enter, access and use the Website.
2. GATHERING OF PERSONAL AND OTHER INFORMATION
a) The User explicitly agrees and concede that the Company accumulate and stores the User’s individual information, which is make available by the User from time to time on the Website, including but not limited to the User’s user name, passwords, email address, name, address, age, date of birth, sex, nationality, purchase preferences, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website. The User has knowledge that this data will be used by the Company/Website to provide services and features to the User, that are most likely to meet the User’s requirements, and also to modify and improve the Website to make its users’ experiences safer and smooth.
b) The User has knowledge that the Company/Website may mechanically track certain information about the User based upon the User’s IP address and the User’s preference on the Website, and the User clearly assented to the same. The User has knowledge that this information is used to do internal research on user demographics, interests, and behaviour, to enable the Company/Website to better recognize, and cater to the interests of its users. The User is clearly made attentive that such information may include the URL that the User visited earlier to visiting the Website, the URL which the User then visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
c) If the User opts to purchase services from the Website, the User authorize to allowing the Company/Website to collect information about the User’s buying behaviour and tendency.
d) If the User opts to post messages / reviews / advice on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User has knowledge that any and all such data provided / uploaded will be collected and stored by the Company for an indefinite period, and that such preserved data may be used to resolve conflict, provide customer support, troubleshoot issues, etc., and that such information, if requested, may be provided to judicial or governmental establishments of requisite jurisdiction, or otherwise used by the Company/Website as permitted by applicable laws.
e) The User has knowledge that any and all information relating to the User collected by the Company, whether or not directly provided by the User to the Company/Website, including but not limited to individual correspondence such as emails or letters, feedback from other users or third parties regarding the User’s actions or postings on the Website, etc., may be collected and complied by the Company/Website into a file/folder specifically created for / allotted to the User, and the User hereby explicitly consents to the same.
f) The User has knowledge that while he/she can surf some part of the Website without being a registered user, certain activities (such as taking services) need the User to provide valid individual information to the Company/Website for the purpose of registration. The User has knowledge that the contact information provided to the Company/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 explicitly consents to receiving the same.
g) The User has further knowledge that the Company/Website may infrequently ask for the User to write reviews for services availed by the User from the Website. The User has knowledge that such reviews will help other users of the website make sensible and correct purchases, and the User hereby explicitly authorises the Company/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.
h) Nothing contained herein shall be believed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby explicitly authorises the Website/Company 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.
3.USE OF COOKIES
a) The User has knowledge that a ‘Cookie’ is a small part 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 facilitate the browser to memorize information specific to a given user, including but not limited to a User’s login identification, credential, etc. The User has knowledge that the Website places both permanent and temporary cookies in the User’s computer’s hard drive and web browser, and does hereby explicitly consent to the same.
b) The User has further knowledge that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional efficiency, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to reject the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Website.
c) Furthermore, the User has knowledge that he/she might come across ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Company/Website. The User explicitly agrees and acknowledges that the Company/Website does not control the use of such cookies/other devices by third parties, that the Company/Website is in no way accountable for the same, and that the User assumes any and all risks in this regard.
4. DIVULGING/SHARING OF individual INFORMATION
a) The User has knowledge that the Website/Company may share the User’s individual information with other corporate entities and affiliates to help detect and stop identity theft, fraud and other potentially illegal acts; correlate related or several accounts to stop misuse of the Website’s services; and to aid joint or co-branded services, where such services are provided by more than one corporate entity.
b) The User has knowledge that the Website/Company may reveal individual information if required to do so by law or if the Website/Company in good faith considers that such disclosure is rationally necessary to respond to court orders, or other legal processes. The Website/Company may also reveal the User’s individual information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably essential 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 individual safety of its users, or the general public.
c) The User has further knowledge that the Website/Company and its affiliates may share/sell some or all of the User’s individual information with other business entities should the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
5. SAFETY
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintended disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / 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.
6. USER’S CONCENT
By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information make known by the User on the Website in accordance with this Policy, including but not limited to the User’s consent the Company/Website sharing/divulging the User’s information, as per the terms contained hereinabove in Section 4 of the Policy.
7. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided as: Aditi Aggarwal (E-mail: [email protected] )
8. DISPUTE RESOLUTION AND JURISDICTION
It is explicitly agreed to by the Parties hereto that the information, interpretation and performance of this Policy and any disputes arising herefrom 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.
a) Mediation: In case of any dispute between the parties, the Parties will endeavor to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an friendly solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow.
b) Arbitration: In the event that the Parties are unable to cordially resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct 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 Mohali in the state of Punjab, India.
The Parties explicitly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mohali, Punjab, shall have exclusive jurisdiction over any disputes arising between the Parties.