YOUR USE OF THIS WEB SITE AND THE CONTENT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, which, together with our Payments, Refunds & Forfeitures and Privacy Policies, Disclaimer and Intellectual Property Notice contained in this website, govern the relationship between M/s Custos Legis (hereinafter referred as “Custos Legis” or “firm” or “us”) and you in relation to our website i.e. www.custoslegisonline.com. If you disagree with any part of these terms and conditions, please do not use our website.
Terms capitalized herein but not defined shall have the same meaning as given in the Payments, Refunds & Forfeitures and Privacy Policies or in the Disclaimer or Intellectual Property Notice contained in this Website.
Nothing contained herein shall be construed to contradict or override anything contained in the Payments, Refunds & Forfeitures and Privacy Policies or the Disclaimer or Intellectual Property Notice contained in this Website. In case there is a contradiction, the interpretation of Custos Legis shall be final and binding.
This website (the “Website”) is a service made available by Custos Legis and all content, information and software provided on and through the Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
License to the Website: As a user of this Website you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Website and Content in accordance with these Terms of Use. Custos Legis may terminate this license at any time for any reason.
Usage Limitations: The Content on our Website is for your general information and personal use only and not for commercial exploitation. Certain Content (‘Paid Content’) is available for your use only upon payment of applicable charges (‘Charges’), and you may only use such Paid Content from the Website upon payment of the said Charges. The Content and the Paid Content on this Website are subject to change or removal without notice. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, data, documents, information, details, design, layout, appearance and graphics. You may not disassemble, rent, lease, loan, sell, sublicense, decompile, reverse engineer or create derivative works from the Website or the Content. Nor can you use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without our prior written permission. You may not copy, modify, reproduce, publish or republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Website. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of India. Any unauthorized use of the Website or its Content is prohibited and may lead Custos Legis to take legal recourse against you.
No Attorney-Client Privilege: Subject further to our Disclaimer, Content contained in or made available through the Website is not intended to and does not constitute legal advice and no attorney-client relationship is formed between you and our law firm M/s Custos Legis. Although Custos Legis is committed to protecting your information and privacy to the best of our abilities, we shall not be under any obligation to treat the information or material submitted by you to this Website as confidential. The accuracy, completeness, adequacy or currency of the Content is not covered by any warranty or guarantee. It is at your own risk that you use the information and materials (including the Paid Content) on the Website or materials linked from the Website. The law is constantly changing and the information derived by you from the Website may not be complete or correct depending on the date and your particular legal problem. Each legal problem depends on its individual facts and different jurisdictions have different laws and regulations. Because of these differences, you should not act or rely solely on any information on this Website, and we at Custos Legis always suggest and encourage you to seek professional legal advice for your particular problem. Custos Legis may facilitate and /or procure such professional legal advice for you; however, availing of the said facilitation services is not mandatory for you.
License of Your Content to M/s Custos Legis: By uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) to Custos Legis a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world.
Intellectual Property Rights: Except as expressly provided in these Terms of Use and declared in our Intellectual Property Notice, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, as applicable.
Linking to the Website: You may provide links to this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the page linked, (b) you give us notice of such linking by sending an e-mail to admin@custoslegisonline.com and (c) you discontinue providing links to this Website if requested by us.
No Solicitation: In no event may any person or entity solicit any users with data retrieved from this Website.
Advertisement and Sponsorship: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Custos Legis does not check the accuracy of such materials provided, and shall not be responsible for the illegality of or any error or inaccuracy in the advertisers’ or sponsors’ materials.
Registration: Certain sections of this Website require you to register. If registration is requested, you agree to provide Custos Legis with accurate, complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by emailing us at admin@custoslegisonline.com
Errors and Corrections: Although Custos Legis is committed to keeping the Website and content as updated and safe as possible, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information made available on or through the Website will always be accurate, timely or otherwise reliable. We may make improvements and/or changes to Website with respect to its features, functionality or Content at any time.
Third Party Content: Third party content may occasionally appear on this Website or may be made accessible via links from this Website. Although we do our best to screen the content before making the same accessible via our Website, Custos Legis is not 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 Website. You agree and acknowledge that the information and opinions in the third party content is not endorsed by us in any manner whatsoever.
Definitions related to Service Delivery Timings: The following definitional provisions shall apply whenever a Turn-Around-Time (‘TAT’) is committed:
‘Business Day’ shall mean any day not being a Saturday, Sunday or any day declared as a public holiday or general holiday by an enactment in the applicable region, state, territory or country.
‘Business Hours’ shall mean 10:00am – 8:00pm on any Business Day.
In calculation of a committed TAT, any day that is not a Business Day, shall be excluded.
Prohibited Activities: You hereby agree and acknowledge that commission of any of the following prohibited activities constitutes a material breach of the Terms of Use:
Using the Website for any purpose in violation of any law in force in any jurisdiction across the world;
Providing false or misleading information on the user-registration form or impersonating any person;
Posting material that is in violation of the intellectual property rights of others or of the privacy or publicity rights of others;
Posting or transmitting any information, data, text, files, links, software, chat, communication or any other materials that are inflammatory, unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity, as determined by Custos Legis in its sole discretion;
Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, but not being limited to, junk mail, spam, chain letters or any unsolicited mass distribution of e-mail;
Posting surveys, contests or pyramid schemes;
Posting improper questions or answers that are not related to the particular topic;
Stalking, harassing or otherwise harming others;
Distributing virus, corrupted files or any other similar software or programs that may have the possibility to damage or harm in any manner the operation of another’s computer;
Collecting or storing personal data about other users of the Website;
Inducing, enticing, soliciting, recruiting, luring or attempting to induce, entice, solicit, recruit or lure users or members to another website which, according to Custos Legis, is a competitor of Custos Legis.
Doing or causing anything to be done to insert / upload any virus, corrupted files or any other similar software, malware, adware, spyware or any other programs that may have the ability to damage or harm or affect the operation of the Website or the Content or our servers in any manner;
Engaging in any other conduct that inhibits any other person from using or enjoying the services provided by us, the Content or other functionalities of the Website;
Engaging in any other behaviour deemed unacceptable by Custos Legis in its sole discretion, on the Website.
Limitation of Liability and Remedies: In no event shall Custos Legis or its licensors be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary or any and all other kind of damages whatsoever (including, but not limited to, damages for loss of data, loss of business profits, business interruption, personal injury, failure to meet any duty including acts of good faith or of reasonable care, lack of negligence and for any other pecuniary or other loss whatsoever) arising out of or in any way connected with the use or performance of this Website, the delay or inability to use this Website, even in the event of fault, tort (including negligence), strict liability, contractual breach or breach of warranty of Custos Legis and even if Custos Legis has been advised of the possibility of such damages. Notwithstanding any damages that you may incur for any reason whatsoever, your exclusive remedy for all of the foregoing will be restricted to discontinuing your usage of the Website only. These limitations, restrictions and exclusions regarding damages will apply even in the case of failure of all other alternative remedies. In case, however, a court of competent jurisdiction issues an order determining that you are entitled to any direct damages pursuant to applicable law of the land, you herein agree to restrict the liability of Custos Legis within the amount of Indian Rupees 500.00 only, which shall be payable in Indian currency only. By using this Website and indicating your acceptance of the Terms of Use thereof, you acknowledge herein the fairness of this limitation.
Unlawful Activity: Custos Legis reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem fit and proper including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Further, any unauthorized use of this Website may give rise to a claim for damages and/or be considered a criminal offence.
Remedies for Violations: Custos Legis reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access for a particular user / from a particular IP address to our Website and its features.
Modifications to Terms of Use: Custos Legis reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and shall be effective immediately. Custos Legis may send a communication to you intimating you of any changes; however it shall not be mandatory for Custos Legis to do so. You are responsible for regularly reviewing the Terms of Use, and non-communication of the revisions by Custos Legis shall not constitute a valid ground for non-acceptance of the revised Terms of Use. Continued use of the Website after any such changes appear on the Website shall constitute your consent to such changes.
No warranty or guarantee: Neither Custos Legis nor any third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials, as well as documents, found or offered on this Website for any particular purpose, as these are subject to the understanding of the user and interpretation of the terms & language used in the Website by the user. Such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Although we endeavour to keep the Content as error-free, accurate and updated as possible, your use of the Content on this Website is entirely at your own risk, and we shall not be held liable for any inadvertent errors, inaccuracies etc. in the Content. It shall be your responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Severability of Provisions: These Terms of Use incorporate by reference any notices contained on the Website, including but not limited to the Refund and Forfeiture and the Privacy Policies, constitute the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by a competent court of law, then the impugned provision shall be deemed severable from the remaining provisions and shall not affect the enforceability and validity of the remaining provisions.
Indemnity: You agree and acknowledge that you shall defend, indemnify, protect and hold free Custos Legis, its subsidiaries, affiliates, teams, members, officers, directors, employees, agents, licensors, suppliers and other partners from and against all claims, actions or demands, loss, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your usage of the Website or resulting from, or alleged to result from, such usage in violation of the Terms of Use or of any laws for the time being in force.
Termination, Suspension, Limitation of Your Account: Custos Legis may, without prior notice, immediately terminate, limit your access to or suspend your account registered with us, any associated e-mail address and access to the Website. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated guidelines, (b) requests by any competent law enforcement or other government agencies, (c) discontinuance or material modification to the Website (or any part thereof), (d) unexpected technical or security issues or problems, and/or (e) engagement by you in fraudulent or illegal activities. You further agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated e-mail address or access to our Website. Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our Website, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof) and (c) barring of further use of all or part of our Website.
Alternate Dispute Resolution: It is expressly agreed to and acknowledged by you that any dispute between you and the Custos Legis , arising out of your use of the Website and the Content, shall be resolved through a three-step Alternate Dispute Resolution (“ADR”) mechanism.
Mutual Discussion: The parties will attempt 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 amicable solution within thirty (30) days of one party communicating the existence of a dispute to the other party, the dispute will be resolved by mediation, as detailed herein below.
Mediation: In the event the parties are unable to amicably resolve the dispute by mutual discussion, said dispute will be referred to mediation to an impartial third person (the ‘Mediator’), to be jointly appointed by you and Custos Legis. The said Mediator shall attempt to establish a dialogue between the parties, and mediate the dispute to the satisfaction of both parties. In the event the parties are unable to reach such a mutually acceptable solution even through mediation, then after thirty (30) days of the commencement of the mediation, the dispute shall be referred to arbitration, as detailed herein below.
Arbitration: In the event that the parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator, to be appointed by Custos Legis, 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. The arbitration shall be conducted in English, and the seat of arbitration shall be the city of Kolkata in the state of West Bengal, India.
It is hereby agreed and acknowledged by both you and Custos Legis that no proceedings shall be instituted in any court of law by either party before the above three steps of ADR have been exhausted but no mutually acceptable solution has been reached.
Applicability of Law, Jurisdiction and Limitation: Custos Legis and your use of the Website and the Content are governed by the laws prevailing in India. Your use of the Website indicates your consent to the exclusive jurisdiction of the appropriate courts in Kolkata, West Bengal in all disputes arising out of or relating to this Agreement, in the event ADR fails. By your acceptance of the Terms of Use, you hereby waive all defenses of lack of jurisdiction, venue or forum non-convenience. Maintenance of the Website and the Content by Custos Legis is subject to existing laws and legal processes applicable to the same in India, and Custos Legis may comply with law enforcement or regulatory requests or requirements notwithstanding any term contrary to the Terms of Use, or any other terms, conditions or guidelines appearing in the Website and/or incorporated herein by reference. Any cause of action or claim that you may bring in connection with the Website, including without limitation any Content, must be commenced within the applicable time limits set by the existing laws in India after the claim or cause of action arises, otherwise such claim or cause of action shall be deemed to be barred by way of limitation. In any dispute between you and Custos Legis relating to this Website, you shall not be entitled to any attorneys’ fees, costs and associated expenses.