Effective Date: December 31st 2020
Welcome!
Kanoongurus.com is designed to promote opportunity for our users and legal professionals to meet, resolve their problems, learn, and find work opportunities and take decisions in a network of trusted relationships. Kanoongurus focus to facilitate communication and exchange of information between the User/Client and the Legal professional with varied and relevant expertise. We do not provide any legal services or advice and is not a law firm and we are not responsible or accountable for the advice & assistance provided by the lawyers.
General Clause
- In this terms of use, we have referred to the services provided by Kanoongurus as the "service", to you as the "user" and to our agreement as the "agreement".
- You affirm that you are not a minor and have attained 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties consequent to the creation of this agreement.
- To render terms & conditions of use, wherever the context so requires ‘you’ or ‘user’ or ‘registered member’ or ‘client’ or ‘lawyer’ shall mean any natural or legal person who has agreed to use the website – “www.kanoongurus.com” and the terms ‘service provider’ shall mean any natural or legal person.
- These terms and conditions of use govern your use of Kanoongurus website, mobile applications, products and/or services (collectively, the "Services") and by accessing this website or using the services, you are agreeing to the Terms & Conditions and Privacy Policy.
Definition
- Guest User – shall mean those users who have not registered as a Member but is simply visiting the Website and using publicly available Services for non-registered users.
- Intellectual Property – "IPR" shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, but not limited to, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
- Legal Documents – those documents which you get created online using the services offered by Kanoongurus website.
- Legal Consultation – shall mean and include the opinions, statements, answers services offered by the lawyers listed on our website nevertheless such consultation shall be independent legal advice of the lawyer and not the advice solicited by Kanoongurus.com.
- Member – those User [shall mean an individual or an organisation] who completes the KanoonGuru account/sign up registration process as described under "Creating a KanoonGuru Account"
- Membership – shall mean the individual rights guaranteed to you towards the use of our website and avail our services in such a manner as prescribed herein, in the form of an account which shall be maintained and used solely by you.
- User – shall mean and include ‘You’ or ‘Your’ use of services provided by kanoongurus.com through its website.
- Website – shall mean the internet website, https://www.Kanoongurus.com, which is wholly owned and managed by Kanoonguru Advisory & Technology Private Limited.
Terms of Use
- Kanoongurus.com acts as a venue for providers and consumers of legal services to exchange information with the goal of eventually forming a professional relationship. Kanoongurus does not guarantee that users will successfully find an advocate/lawyer/attorney through this system. Kanoongurus takes no position and offers no opinion on when or if a lawyer-client relationship has been formed.
- We do not act as an agent to lawyer nor do we involve ourselves in the agreements between lawyers and clients or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates on this service.
- We do not act a source of advertising or solicitation and the contents of the website should not be construed as legal advice. Kanoongurus may recommend subscribing lawyers if they match a user’s requirements, but not otherwise. Transmission, receipt or use of our website does not constitute or create a lawyer-client relationship. No recipients of content from this website should act, or refrain from acting, based upon any or all of the contents of this site. We welcome the user to study the profiles of lawyers independently and make an informed choice.
- For legal professional and lawyers to register with us as a lawyer, you shall do so only if you have the right to practice law within India and possess relevant qualifications and degrees for practicing law. In any case of defunct or incapacity Kanoongurus reserves the right to terminate your membership and / or refuse to provide you with access to the service or to access our website.
- By clicking “Sign Up” or similar, you agree for registering, accessing or using our services at Kanoongurus and/or related mobile apps, developer platforms or any content or information provided as part of these services, you are entering into a legally binding agreement (even if you are using our Services on behalf of any company). Your agreement becomes legally binding contract with Kanoongurus Advisory & Technology Private Limited once you sign up to use our services in any form or manner.
- Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
- We do not perform background checks of users & members hence we are not responsible for any acts or omissions on the part of the user & members.
- We provide KG Rating as on the input provided by the listed lawyers at different scales categorically, for understanding of such KG Rating feel free to contact us at contact@kanoongurus.com.
Individual legal professionals
- The listing of legal professionals and specialists on Kanoongurus.com or in any professional directory of Kanoongurus.com do not suggests or imply formation of attorney client relationship and all such consultation availed by the user through the listed lawyers shall be their independent and sole liability.
- All such information provided by user or listed lawyer is on an "as-is" basis and Kanoongurus.com disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
Review of Work
- Kanoongurus reserves the right to review the work including but not limited to Articles, Blogs, Legal Drafts, Questions, Answers to Questions or any other documents/write-up/content submitted on Kanoongurus website by the lawyers and the users.
Use and Access to website
- You agree that you (i) have provided true, accurate, current, and complete information to us in connection with any use or access of the Services; and (ii) will maintain and update the information to keep it true, accurate, correct, and complete. We reserve the right to terminate your access to the Services in the event we learn or believe any information provided by you may be false, inaccurate, incorrect, or incomplete.
- In connection with their participation on Kanoongurus.com, listed lawyers do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you the Users are encouraged to investigate or perform your own due diligence concerning the lawyers and their qualifications.
- If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us.
- You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. In any event, Kanoongurus shall not be liable for such act.
Intellectual Property Rights
- Using our Services does not give you ownership or licence of any kind of intellectual property rights in our design elements, and materials available, services or the content.
- Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.
- We actively respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the existing laws of the land.
- Notice of claims of copyright infringement can be sent to us in writing to the address located under the Contact Us section on the website.
Security & Confidentiality
- As and when a user create or provide any information about yourself while accessing our website and as of such information deemed to be confidential Kanoongurus ensures its confidentiality, also Kanoongurus neither own your document nor have any right to edit such document or information.
- You agree and understand that Kanoongurus may keep these documents and information secured and confidential but may also disclose any of the document or submission in circumstances:
- Where any legal process, any law or government demands is to be complied with.
- In order to enforce the terms and conditions of this website.
- In case of any claims raised by third parties when their rights are violated.
Accounts & Password
- In an event you decide to sign up/register yourself with Kanoongurus.com, your created account will belong to you. When you create such account, you will be required to furnish certain information regarding your email ID and other relevant information. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
- You agree to: (i) try to choose a strong and secure password; (ii) keep your password secure and confidential; (iii) not transfer any part of your account (e.g., connections, groups). You are solely responsible for anything that happens through your account unless you close it or report misuse.
Secured Electronic Payments
- Kanoongurus enables use of its services through smooth payment options. In case you the ‘user’ purchase any of our paid services you agree to pay us the applicable fees and taxes.
- You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your services (e.g. subscriptions) and to facilitate easy payment for new services.
- Based on the billing information that you provide, taxes are calculated accordingly at the time of purchase.
- You can refer to payment and refund policy in any case so required, to better understand our payment & refund policy.
Rights & Liability of Users
I. Membership
- By registering your profile through any of our domains thereby furnishing requisite information and by the remittance of fees/payment you become a member.
- Upon due acceptance of the duly verified legal profile the membership registration attains completion and thereby requisite payment shall be made against the type of membership plan selected by the member.
- There is no provision of automatic membership and the same is subject to renewal after the expiry of term of membership.
- Term of membership shall be according to the membership type being selected by the member, from the date of payment and registration process.
- All professional & academic details provided by the lawyer/advocate registered at Kanoongurus.com shall be considered true as rendered by the lawyer/advocate. In case of any deceit and concealment of true facts by the lawyer & its users shall be their own sole responsibility and shall face all legal consequences therein individually by the user or member.
II. User
- The users have right to provide their own questions/queries/facts and browse through our website for the listed lawyers and make their own independent choice to avail services.
- The members have right to create their profile at the time of registration and which can be modified at any time later also.
- You shall refrain from copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated scraping and transmitting spam, chain letters, or other unsolicited email, SMS, or other messages.
- You shall refrain from attempts to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the services and uploading invalid data, viruses, worms, or other software agents through the services.
- You shall refrain from accessing any content on the services through any technology or means other than those provided or authorized by the services or bypassing the measures we may use to prevent or restrict access to the services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content therein.
Rights & Liability of KanoonGuru
- In any event of violation to the rules of this agreement, Kanoongurus.com reserves the right to immediately suspend or terminate or restrict the account of any member of user thereof.
- Kanoongurus reserve right to change or modify its contents or services and to verify the content or information provided by the user/member.
- Kanoongurus solemnly efforts to maintain the confidentiality of the information provided by its user or member.
- We will make all efforts to maintain transparency and credibility in services offered through our website.
Limitations & Exclusions
- There may be 'hyperlinks' to websites neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these sites or with respect to any service or product associated with these sites. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.
- Kanoongurus take no responsibility for errors, mistakes, or inaccuracies of requests or content, personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service, any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, any interruption or cessation of transmission to or from the service, any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party, any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service, the defamatory, offensive, or illegal conduct of any third party; and/or any transaction or relationship between you and any third party provider including its breach thereof.
- We do not undertake to to mediate or resolve any dispute or disagreement between the user and any vendor or third party vendor or a lawyer.
- In no event shall Kanoongurus.com, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us hereunder. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
Termination of your use of KanoonGuru
- The terms & condition of use and this agreement shall continue to apply on you till the time you are accessing & using the Kanoongurus website; unless it is terminated by the user or Kanoongurus.com.
- We may at any time, terminate its legal agreement with you if: (i) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (ii) Kanoongurus is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
Disputes
- We are not obliged to investigate, monitor, mediate or resolve any dispute between ‘user’ of the services or the listed lawyers on our website, although we may undertake such action in our own discretion.
- In any event of dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement or the subject matter thereof shall be referred to the sole arbitrator mutually appointed from among any of the three names of arbitrators as proposed by Kanoongurus.com and in the event of any failure to commence or to continue arbitration by the arbitrator for any reasons whatsoever, a new sole arbitrator shall be appointed by the Court. The arbitration shall be governed by the Arbitration and Conciliation act, 1996. The seat of arbitration shall be in Jaipur.
Jurisdiction
- In any unlikely event, which end up in any legal dispute then laws of India will govern. You agree that the relevant laws of the Republic of India shall govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated under the jurisdiction of the courts in Jaipur, India, only.
Miscellaneous
I. Waiver
- Failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Nor shall waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure on our part to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
II. Indemnity
You agree to defend, indemnify and hold harmless Kanoongurus and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from
- Your use of and access to the services, including any data or content transmitted or received by you
- Your violation of any term of this agreement, including without limitation your breach of any of the representations and warranties above
- Your violation of any third-party right, including without limitation any right of privacy, Intellectual Property Rights, and any rights of Third Party Providers
- Your violation of any applicable law, rule or regulation
- Any content that is submitted via your account including without limitation misleading, false, or inaccurate information
- Your willful misconduct or
- Any other party’s access and use of the Services with your unique username, password or other appropriate security code
- For any non-performance or breach of any contract entered into between User and Members.
III. Warranty
- You understand and expressly agree that: your use of our website is at your sole risk. All content and services on this website is provided solely on an 'as-is/as-available' basis. To the extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose or use, as to the results you may achieve on account your use of the site, as to the results you may achieve on account of any relationship you elect to create with lawyer/professional, and non-infringement. Neither Kanoongurus.com nor any of its licensors or affiliates makes any representations or warranties regarding any lawyer/professional, including, without limitation, any lawyer/professional’s ability to obtain a favourable result for you.
- Any material/content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No information, whether oral or written, obtained by you from us or through or from the website shall create any warranty not expressly stated in this agreement
This document 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.