Please read these Terms of Service (the “Terms”), carefully, before using TrueCounsel or any other domains, products, services, or content provided by TrueCounsel and its affiliates (the “Services”), whether as a guest or registered user.
This Terms of Service governs your use of TrueCounsel. Your use of the website, or our receipt of your subscription form, indicates your acceptance of these terms.
We operate and control our Services from our offices in Delhi, India. Our Services are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who chose to access our Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using or accessing our Services, you are deemed to have read, accepted, executed, and agreed to be bound by all the terms and conditions of these Terms, our Privacy Policy, and our Cookies Policy, incorporated herein by reference. If any provision of these Terms or any future changes are unacceptable to you, do not use or continue to use our Services.
We may change these terms at any time by notifying you of the change electronically, using the e-mail
address
we
have on record for you. The changes also will appear in this Terms of Service, which you can access at
any
time
by clicking on “Terms of Service” within the website. Any changes to these
Terms
will be in effect as of the “Last Revised” date referred to at the top of this page.
Your continued use of the Services after following the posting of the revised Terms means that you
accept
and
agree to the changes. You are expected to check this page from time to time so you are aware of any
changes,
as
they are binding on you.
Each of our Services have a defined limit in one way or another. We may, or may not, choose to disclose those limits. Any such limits may be changed at any time, with or without prior notice.
We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information.
We have created a Help Centre which will provide general support. It is likely that any inquiry you may have will already be answered in the form of an article. We strongly urge our customers and users to check the Help Centre prior to Contacting Support, as this will save both yours and our time.
If you are experiencing any issues, are unable to find any information pertaining to your inquiry on our Help Centre, or want to reach out to our team, you may do so by sending us an email.
When contacting us, we want to provide you with the best possible support, so please follow these steps to ensure a fast and relevant response:
In order to use some of our Services, you may be required to register an account. You are solely responsible for the security of your username, email address and password. You agree that all information you provide to use our Services is governed by our Privacy Policy.
When TrueCounsel requests information, the information you submit should be complete and accurate. You also agree that if any of the provided information changes, you will make the necessary changes to your account as soon as reasonably possible.
You agree not to log into another user's account or try to gain access to another user's account. You should never share your login information with another user or a third party. Your account is your sole responsibility, and any claims that someone else used your account to violate these Terms or change your settings will be dismissed.
You are also responsible for any problems that arise as a result of your account's use. Any damage to our system or our Services caused by your account will be your responsibility.
We reserve the right to cancel your account, without notice, for any reason, at any time.
You are solely responsible for your actions, content, and the behaviour of your account. We work hard to keep our Services safe and enjoyable for everyone. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability.
You agree not to:
The above-mentioned acts are not an exhaustive list. You agree not to allow or encourage any third party to use any of our Services to commit any of the above-mentioned or similar acts. You also agree to immediately notify us if you violate or are accused of having violated any of these Terms.
Please be aware that we handle each instance of a violation or alleged violation of these Terms on a case-by-case basis. We reserve the right to act or refrain from acting on any violations in any way we deem appropriate. We are not obliged, however, to follow up on any leads or reports of violations. We are also under no obligation to enforce these Terms or impose penalties for violations of it in any way. However, even if we choose not to enforce our rights under these Terms, we may do so in the event of a violation.
In such cases, we reserve the right, but do not have the obligation to:
Any violation of these Terms may result in any of the following:
In the interests of our users and the Services, if any individual has had his or her account or access blocked or is banned under this provision, he or she is prohibited from creating or using another account on or seeking access to (either the portion or entirety of) our Services, unless we provide explicit permission.
By using our Services, you represent and warrant that:
Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our system and by our Services. We do not give you a license to use any of these, and you may not use them without our permission.
Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TrueCounsel, its licensors, or other providers of such material and are protected by India and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms.
We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
We are not responsible for the deletion, failure to store, mis delivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through our Services.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES
ARE
PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. TRUECOUNSEL, ITS SUPPLIERS AND ITS
LICENSORS
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TRUCOUNSEL, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY
WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TRUECOUNSEL, ITS
SUPPLIERS
AND
ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
TRUECOUNSEL,
ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED
ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR
ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
YOU UNDERSTAND AND AGREE THAT: (A) THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE; (B) THERE
IS
NO
WARRANTY OR GUARANTEE THAT THE SERVICES WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED; (C) TRUECOUNSEL
HAS
NO
CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE SERVICES; (D)
YOU
DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND
RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA; AND (E) TRUECOUNSEL WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE
CAUSED
BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
SERVICES
OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.
You agree to indemnify, defend, and hold harmless TrueCounsel, its successors, subsidiaries, affiliates (including companies under common ownership), co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL TRUECOUNSEL OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OR THE INABILITY TO USE THE SERVICES.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS
OR
SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN
TRUECOUNSEL (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON
THE
SERVICES OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF
WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH
LIMITATIONS
OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
To the extent that foregoing limitation of liability is prohibited, our sole obligation to you for damages shall be limited to the amount you paid us to use the Services to which such claim relates in the 12-month period preceding the filing of such claim.
You agree that any third party who is not a direct contracting party in the provision of our Services shall not be entitled to make any claim whatsoever against us, and that the Contracts (Rights of Third Parties) Act of India and any subsequent revision or replacement thereof is specifically excluded.
TrueCounsel reserves the right, in our sole discretion, to terminate your access, or use of the Services, ban you as a user, delete any content or data uploaded by you, terminate these Terms, or terminate part or all our Services, with or without cause, and with or without notice. You acknowledge and agree that, upon any such termination, any licenses granted by TrueCounsel shall terminate and TrueCounsel shall have no liability or obligation to you.
You agree that all matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related, shall be governed by and construed in accordance with the laws of India (Without reference to conflict of laws principles).
You agree to file any legal suit, action, or proceeding (each a “Dispute”) arising out of, or related to, these Terms or the Services exclusively in the courts of India, although we retain the right to bring any Dispute against you for breach of these Terms in your country of residence or any other relevant country. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Delhi, India, in any Dispute relating to us or these Terms.
You irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in respect of any Dispute directly or indirectly arising out of, under or in connection with these Terms.
At True Counsel’s sole discretion and election, we may require you to refer any Disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to be finally resolved by arbitration administered by the Delhi International Arbitration Centre (“DIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. In such event, the seat and venue of such arbitration shall be India, the Tribunal shall consist of a single arbitrator, and the language of the arbitration shall be English.
You agree that you have had the opportunity to seek independent legal advice relating to all the matters provided for in these Terms and agree that (a) there shall be no presumption that any ambiguity in these Terms should be construed in favour of or against any party solely as a result of such party’s actual or alleged role in the drafting of these Terms, and (b) the provisions of these Terms and all documents entered into pursuant to these Terms are fair and reasonable.
No waiver by TrueCounsel or any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TrueCounsel to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term, clause, or provision of these Terms is held invalid and unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clauses, or provisions of these Terms.
You, third parties, and we are all independent parties with respect to each other. These Terms not mean an agency or partnership between us and you or any third party. It also does not constitute a joint venture, or an employment relationship. You agree that TrueCounsel has no special relationship with or beneficiary duty to you. No parties to these Terms (including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties to these Terms may become involved in a situation that results in obligation or liability of any other agreeing party.
These Terms, our Privacy Policy, and our Cookies Policy constitute the sole and entire agreement between you and TrueCounsel regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Have a question about our Terms? Get in Touch