TERMS OF SERVICE CUM SUBSCRIBER AGREEMENT
Terms of Service for the use of the website IBC Laws (www.ibclaw.in)
(This page includes paragraphs set in bold type, italic type and plain type, which have equal authority.)
1. GENERAL
The use of this website is subject to the following terms:
- The content of the pages of this website is for your general information and use only.
- The information provided by you in any form is true and accurate and that subject to you submitting an enquiry.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- The trademarks, service marks and logo of ibclaw.in used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Website should be directed to such other companies.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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. This document 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 user agreement for access or usage of www.ibclaw.in and associated website.
Your use of a IBC Laws website [including http://www.ibclaw.in & other associates domains (hereinafter referred to as the “Website”) and its related sites, services , Apps and tools] is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of IBC Laws. This User Agreement for the Website shall come into effect immediately on your acceptance of terms and conditions and/or first log in onto www.ibclaw.in . It shall continue to remain in force till such time you have a valid subscription to the website. (“User Agreement”).
For the purpose of this User Agreement , Registered User / Guest User and wherever the context so require ‘“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password” ) to become Registered User or have been identified as Guest User by providing mobile/phone number and email address. Further, reference to “we”, “us”, “our” “ibclaw.in” and “IBC Laws” shall mean IBC Laws (www.ibclaw.in) and includes its associates.
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by IBC Laws at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this agreement is being concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance. You hereby further agree that this User Agreement is being concluded and executed at Jaipur.
Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the “check box ” and/or on the “continue” button and do not seek to obtain access to or otherwise use the Website.
2. DEFINITIONS
2.1. The term “provider,” including all its synonyms and would mean “IBC Laws”. The term would also include any agent(s) who have been so authorized by IBC Laws to act in their behalf.
2.2. The term “authorized user” would include any person, whether an individual or a legal entity who has subscribed to the services of IBC Laws, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by IBC Laws or chosen by the user or agreed upon by IBC Laws. It is made abundantly clear that only the authorised user has the right to access the services so offered by IBC Laws.
2.3. For the purposes of this subscriber agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an “unauthorised user” and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
2.4. The term “User” would include both the authorised and unauthorised user(s)
2.5. The terms “service” or “services” would mean to include the interactive online information service offered by IBC Laws on the internet through which the user may access judgments, statutes, rules and procedures etc. the terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record.
2.6. The term “organization” would be used to define any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person.
2.7. The term “Downloaded Data” means insubstantial portions of the Data downloaded and temporarily stored to a storage device under Subscriber’s exclusive control.
2.8. The term “Order Form” means any order form attached to this Agreement, either in print or online, setting out the Data and Features including subscription plan available to Subscriber and the price charged thereof.
3. WEBSITE LICENSE
3.1. The services so offered by IBC Laws, are subject to the user agreeing to all the terms and conditions of the license. Notwithstanding any / all clauses, the terms shall be applicable mutatis mutandis on subscriber during the subsistence of subscription period (which includes period of renewed subscription).
3.2. IBC Laws grants the user a non-exclusive, non-transferable, revocable, limited license to access and use for research purpose the online services and materials from time to time made available.
3.2 The right to electronically display materials retrieved from the online services to no more than one person at a time. IBC Laws sign in does not allow simultaneous access on a non-IP plan.
3.3. The license includes the right to download and temporarily store insubstantial portions of data (‘Downloaded Data”) to a storage device under subscriber’s exclusive control.
(i) To display internally such downloaded data IBC LAWS SUBSCRIBER AGREEMENT.
(ii) To quote and excerpt from such downloaded data (appropriately cited & Credited) by electronic cutting & pasting or other means in subscriber’s own work products.
(iii) To create printouts of substantial portions of data for internal use and for distribution to third parties if such third parties agrees not to distribute the printouts and on non-commercial basis.
3.4. IBC Laws reserves the right to terminate this license at any time for any reason in case any of the terms are revoked.
3.5. No material/content downloaded from the Web Site shall be reproduced, transmitted or stored in any other Web Site or Social Media nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of IBC Laws.
3.6. It is made abundantly clear that IBC Laws does not have absolute control over the contents posted on the web site and hence does not guarantee the accuracy, quality or integrity of such content. The views expressed in the article section of the web site are those of the respective authors and not of IBC Laws. Any illegal or offensive content posted on the site, if detected, should be brought to IBC Laws’s attention for immediate action. IBC Laws will not be responsible in any manner for any defamatory or contemptuous matter posted herein.
3.7 All rights are not expressly granted herein are reserved.
4. SUBSCRIPTION
4.1. In order to become and remain an authorised user a party has to:
- Complete the order form;
- Pay the subscription fee applicable as mentioned in the order form;
- Pay for usage of information/data according to the IBC Laws product pricing policy. The subscription fee applicable and the product price information price card are available from IBC Laws on request.
4.2. After payment of the subscription fee applicable and after reading this entire document and the Terms and Conditions and Copyright Notice contained in it, the intending subscriber should confirm that he/it accepts all the terms and conditions herein and agrees to be bound by them and to observe them strictly by clicking the “I agree” button on the program and/or by submitting to IBC Laws the registration form included in this document. It is made clear that by clicking on the “I agree” button, the party gets all the rights and liabilities as it would have got in case of physically signed any document.
4.3. In the case of organisations, the individual signing shall be presumed, by the act of signing, to have represented that he has the full authority of the organization to sign and act on its behalf. The organization shall ensure that its access rights are restricted to members proposed by them. The organizations will be directly responsible and liable in case of any misuse of the service. Each sign in id allows one user to login at a point of time. Simultaneous logins are not allowed in non-IP plan.
4.4. After completion of what is prescribed in 4.1 to 4.3 above, the subscriber will obtain his/its sign-in identity and password allotment/ permission to use which will constitute the offer and acceptance of the terms and conditions herein by IBC Laws and the intending subscriber, thus constituting him/ it an authorised user herein permitted to avail the service and/or access the data and information of IBC Laws, in any form, and shall hereinafter be referred to as “subscriber”.
4.5 The subscriber shall be responsible for keeping secure the user identity and password required to access the Online Service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password should not be shared with unauthorized users. IBC Laws reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorized user.
4.6. An organisation may subscribe and obtain multiple license access for multiple users who are valid constituents of that organisation. For this purpose, paid employees of any organization, patrons of a library, and enrolled students, faculty and other staff members of an educational institution are considered “valid” constituents. Provided however, that the organisation shall bear the sole responsibility for ensuring the compliance with and observance of the terms and conditions herein entered by its constituents and shall be liable for actions of its constituents in relation to the Online Service and its contents.
4.7. The subscriber accepts that by the action of viewing and/ or downloading the information from the IBC Laws website, it has performed the action of using the IBC Laws website.
5. PAYMENTS
5.1. Payments can be made either by a cheque/DD/ NEFT/RTGS/ Credit Card/ Net Banking or any other mode except cash mode. No cash will be accepted.
5.2 The payment made against the Subscription is not refundable under any circumstances.
5.3. In addition to the subscription fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation and which IBC Laws may apply to the total billing of the subscriber.
5.4. A detailed statement of the subscription and usage charges, for subscribers under Transactional Pricing, which the subscriber may incur, will be available for the subscriber to view and verify on the information service. This shall be treated as final and binding unless the subscriber shall bring to the notice of IBC Laws any discrepancies within seven days of the charge having been debited to it/him after which period any such charges shall be deemed to have been debited and accepted by the subscriber.
5.5 We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
5.6 At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services. Except in the case of subscription commitments you have agreed to, which shall be non-refundable. Excluding exceptional circumstances, no refunds or returns will be issued. If ibclaw.in is proven to be at fault, refunds or returns will be considered but cannot be guaranteed. The decision of refund will be taken by ibclaw.in only. The process of refund may take time subject to the timely information received from the user and completion of all formalities. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). Any error or default in entering the details of your billing account will be solely your responsibility. The ibclaw.in will not be responsible for any loss on account of any error or omission caused from your end in providing wrong details. You must use the ibclaw.in site link only to make your payments. We take no responsibility and liability for any payment made using any other link not hosted and created by ibclaw.in.
6. RENEWALS / DELAYED PAYMENTS
6.1. Subscriber intending to renew the subscription must ensure that renewal request alongwith the payment as due at the time of and for renewal is sent to IBC Laws on or before the last due date i.e. the date until when the last subscription period is valid. The subscribers account will be deactivated on the expiry of validity period of subscription.
6.2. Without prejudice to its rights, IBC Laws in its sole discretion shall reserve the right to extend the subscription/ access period in the event of receiving assurance to clear the renewal charges within a period not later than 15 days from the date of expiry of valid subscription period.
6.3 IBC Laws also reserves the right to recover the assured amount, in the event of non-renewal and non-payment from the subscriber in any legal manner, under civil or criminal law, and the subscriber shall be liable for any costs thereof.
7. MODIFICATIONS
7.1. The prices, terms and conditions and/ or other matters provided in the Price List, and any modifications carried out by IBC Laws and any notices served upon the subscriber by IBC Laws shall be deemed to be included in the terms and conditions herein.
7.2. IBC Laws reserves the right to modify the terms and conditions including the subscription and the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect by IBC Laws by electronic mail or Pop-up on Website or any other mode.
7.3. The subscription amount paid by the subscriber shall be for the fixed term/ plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term.
However, the introduction of any additional feature/ database by third party content provider through IBC Laws will be made available to the existing subscriber only after making up the deficit payment.
7.4. The subscriber’s continued use of service after the publication of the notice conveying the modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.
7.5. IBC Laws has the right to prevent access to all or part of the Web Site without notice, if the conduct of the user is in contravention with the Terms and Conditions of Use or the applicable laws. IBC Laws shall have a right to make such additions to, deletions from and other modifications, as it may deem fit, of the database and in the database, and/ or the manner of presenting and providing such databases, including the basic structure and features thereof, without giving notice thereof to the subscriber.
7.6. IBC Laws shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of the Service.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Except as expressly provided in the Terms of Service of Use of the Web Site IBC Laws, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
8.2. The user agrees that copyrights, trademarks, patents, designs and other proprietary rights and laws protect the Web Site. Any rights not expressly granted herein are reserved.
8.3. The user is also cautioned against any conduct on his part that infringes or purports to infringe the copyright or other proprietary rights or laws. The user shall not, under any circumstances whatsoever, use the printouts of the material available on this Web Site for any purpose that violates the copyright or any other proprietary rights of IBC Laws. The user shall not remove the copyright notices or other notices from the printouts of material taken from the Web Site.
9. COPYRIGHT LAWS
9.1. Content or information available on the Web Site IBC Laws and circulated through Insolvency Bulletins on emails or Social Media is protected by the Copyright Act 1957 and is subject to IBC Laws’s Copyright.
9.2. Certain information and data made available by IBC Laws are the property of the content provider’s and are identified as such. IBC Laws has been licensed by the content providers to store, catalogue and distribute this information to its subscribers. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the user. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.
10. LIMITATIONS ON USE
10.1. The Content on the Web Site is for personal use only and not for commercial exploitation.
10.2 You shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works or material of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder (iv) print, copy, modify, download through any medium (hard-drive, memory stick, floppy disk etc.) or otherwise use the contents hosted on the website violating the terms of service. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or users.
10.3. You may not use any robot, spider, other automatic device, software, or manual process to monitor or copy our Web Site or the Content without IBC Laws’s prior written permission.
10.4. You may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.
10.5. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available, on or through the Web Site in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content is prohibited.
10.6. You may not combine the whole or any part of the Data with any other software, data or material.
10.7. Subscriber may use Data cached in Subscriber’s local disk drive solely in support of its use of the Service.
10.8. Certain software used by Subscriber may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it is used.
10.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
10.10. Subscriber undertakes to use its reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Subscriber Agreement.
10.11. Subscriber shall use its reasonable endeavors to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavors to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.
10.12. The text of all the judgments provided on the site are computer generated. The authenticity, correctness and preciseness of the text of the judgments must be verified from the certified copy of the judgment.
10.13. Brief about the decision, summary of case laws, case laws notes, case reference etc. should be considered the summary of facts prepared out of original judgement/rulings. Any of those material hosted on the website does not constitute any opinion of the IBC Laws, and should not be used to frame any legal opinion or be used in legal proceedings. We advise you to refer the same for understanding purposes only and use the original certified copy of the judgment. IBC Laws is not liable for any loss or damage caused to a person because of text posted by us on the website.
11. TERMINATION
11.1 The services so offered by IBC Laws, are subject to the user agreeing to all the terms and conditions of the license. In case any of the terms are revoked, IBC Laws is entitled to terminate this subscription & discontinue the subscriber’s right to access the Service. However, IBC Laws shall not be liable to make any refunds in the event of subscriber indulging into activities strictly refrained from.
11.2 Website in breach of the Terms of Services, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the website owner. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
12. CONSEQUENCES OF TERMINATION
12.1. The warranties and indemnities, the provisions in relation to the payment of money due to IBC Laws and the restrictions on the rights of the subscriber in relation to the use of the Database, contained herein shall survive the termination or expiry of this subscription.
12.2. Upon termination, the user must destroy all materials obtained from the Web works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout Site.
13. LICENSE OF YOUR CONTENT TO PROVIDER
By uploading Content to submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative the universe.
14. ERRORS AND CORRECTIONS
14.1 IBC Laws makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not represent or warrant that the information available on or through the Web Site will be correct, accurate, reliable, uninterrupted, or timely.
15.2. IBC Laws does not represent or warrant that the Web Site will be error free, free of viruses or other harmful components, or that the defects will be corrected.
15.3. The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lost data.
15. NO LEGAL ADVICE / PROCUREMENT REQUEST
15.1. Material or information contained on or made available through the Web Site is not intended to and does not constitute legal advice nor does it, in any manner establish a client – advocate relationship.
15.2 IBC Laws in the Court database provides its own citation. The user cannot claim the availability of other publisher citations as a matter of right.
15.3 IBC Laws is not obliged to attend to procurement requests of users. Without prejudice to its rights, however, IBC Laws shall on its discretion procure the requested document which if procured shall be made available to user as part of its database.
16. ADVERTISEMENTS
16.1. IBC Laws may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws.
16.2. IBC Laws will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.
17. PRIVACY
The user of the Web Site IBC Laws is subject to IBC Laws’s Privacy Policy available through this link.
18. NOTICE
18.1. Except as provided in clause 8.2 hereof, no notice consent or the like (in this clause referred to generally as “notice”) required or permited to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/ its address as set out above or as otherwise notified in accordance with this clause.
18.2. A notice given personally shall be deemed given at the time of delivery.
18.3. A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.
18.4. Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.
18.5. The user is to keep himself aware of the terms and conditions of the website, by checking this page at least once on a month. No further notice shall be given to the user of the change in the terms and conditions one is subjected to.
19. SEVERABILITY OF PROVISIONS
The Terms and Conditions of Use incorporate by reference, any notices contained on the Web Site, the Privacy Policy, Copyright, Disclaimer, Terms and Conditions, which together constitute the entire agreement with respect to access and use of the Web Site. If any provision of the terms of use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
20. INDEMNIFICATION
You agree to indemnify and hold harmless provider from any third-party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Site, or your violation of any rights of a third party.
21. REMEDIES FOR VIOLATIONS
IBC Laws reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular Internet address to IBC Laws’s website and its features.
22. GOVERNING LAW AND JURISDICTION
The Terms and Conditions of Use are governed by and construed in accordance with the Indian Law and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at Jaipur, Rajasthan only and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
23. WAIVER
The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
24. EXCLUSION OF LIABILITY
24.1. IBC Laws makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.
24.2. The information/material provided on the Web Site is provided on an “As is” basis. IBC Laws accepts no responsibility with respect to the information on the Site expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
24.3. IBC Laws shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of IBC Laws).
24.4. IBC Laws shall not be liable in contract, tort, delict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of IBC Laws).
24.5. Without prejudice to the generality of clause 24.3. and 24.4, in no event shall IBC Laws, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any way to
(i) Subscriber’s inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely, even if assisted by IBC Laws, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on the Data.
(ii) any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to Subscribers’ rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of such damages.
24.6. Subscriber shall accept sole responsibility for and IBC Laws shall not be liable for the use of the Service by Subscriber, or any User and Subscriber shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use
24.7. IBC Laws disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
24.7.1. Any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors;
24.7.2. The unavailability of this Site or any portion thereof;
24.7.3. Your use of any equipment or software in connection with the Site; or
24.7.4. Your use of the Site.
24.8. IBC Laws shall not responsible if any information/page is downloaded from IBC Laws and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
25. LIMITATION OF LIABILITY
25.1. Subscriber’s exclusive remedy and IBC Laws’s entire liability under this agreement if any, for any claim(s), damages relating to the copyright in data made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the charges paid by subscribers relative to the database which is the basis of the claim(s) during the period of subscription. The present indemnity shall remain in effect for the period of continued subscription.
25.2. None of the terms of this Agreement shall operate to exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or their Affiliates whilst acting in the course of their employment; or affect statutory rights where this Agreement is entered into as a consumer transaction.
26. LINKING TO THE WEB SITE
26.1. A User may provide links only to the homepage of this Web Site, provided:
26.1.1. The user does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site,
26.1.2. The user gives us a notice of such link by sending an e-mail to info@ibclaw.in
26.1.3. The user discontinues providing links to this Site if requested by us. If you wish to provide links to a section within the Web Site, you should forward your request to us at info@ibclaw.in and we will notify you if permission is granted, and if so, the Terms and Conditions of permission.
27. LINK TO OTHER WEBSITES AND LINKING DISCLAIMER
27.1 Links may appear on the blog that may be used to link to other blog(s) or websites. These links are provided solely as a courtesy to our blog visitors. ibclaw.in has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. ibclaw.in is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. ibclaw.in reserves the right to terminate any link at any time. Many of the links on this blog will take you to sites operated by third parties. The contributors of this blog have not reviewed all of the information on these sites or the accuracy or reliability of any information, data, opinions, advice, or statements on these sites. The contributors do not endorse these sites, or opinions they may offer. These third-party links are offered solely for the purpose of discussion and thinking on related information and other related topics. It is also possible that some of the pages linked may become inactive after the lapse of a period of time. ibclaw.in neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may cause infringement by your visiting and transacting on these websites as well as on using websites links which are provided on these websites.
27.2. Third party Content may appear on the Web Site or may be accessible via links from the Web Site. IBC Laws shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third-party Content appearing on the Web Site. IBC Laws has no control or authority either over the Content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of IBC Laws.
27.3. Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed by IBC Laws.
28. FORCE MAJEURE
IBC Laws’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet, COVID or any pandemic disease and other networks beyond the control of IBC Laws, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like
29. DISPUTE RESOLUTION
29.1 Any dispute or difference between Provider and Subscriber arising out of or relating to the existence, validity, interpretation, performance or termination of, or otherwise in connection with this Agreement (“Dispute”), shall at first instance be attempted to be amicably settled between the parties through good faith negotiations. Either party shall be entitled to invoke such negotiations by giving to the other party a notice to that effect (“Dispute Notice”). If a Dispute is not resolved by way of good faith negotiations within a period of Sixty (60) days from the date when the Dispute Notice was received by the receiving party then either party shall be entitled to refer the Dispute to arbitration in the manner described below.
29.2 Any Dispute not resolved by way of good faith negotiations within a period of sixty (60) days from the date when the Dispute Notice was received by the receiving party, shall be finally resolved by arbitration in accordance with the provisions of this clause 28.
29.3 The provisions of the Arbitration and Conciliation Act, 1996, as amended (“Arbitration Act”), will apply to such arbitration:
29.4 The arbitration shall be conducted by a single arbitrator who shall be appointed by the mutual consent of both parties. If the parties are not able to reach a decision to appoint the arbitrator within sixty (60) days of the date when the good faith negotiations mentioned above have failed, then the Dispute shall be referred to a panel of three (3) arbitrators. One (1) arbitrator shall be appointed by each party within thirty (60) days of the parties failing to reach an agreement to appoint the sole arbitrator as aforesaid. The two (2) arbitrators so appointed by the parties shall appoint the third presiding arbitrator within thirty (30) days of their appointment, failing which the third presiding arbitrator shall be appointed in accordance with the provisions of the Arbitration Act.
29.5 The arbitration proceedings shall be conducted in English.
29.6 The place of arbitration shall be Jaipur, Rajasthan, India.
29.7 The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state reasons for its/their findings in writing.
29.8 The costs of arbitration shall be determined by the arbitrator(s).
29.9 In relation to any arbitration proceedings, the parties agree that the courts at Jaipur, Rajasthan, shall have exclusive jurisdiction to the extent the court has jurisdiction under the Arbitration Act.
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