Terms & Conditions of Use:
Our website/services are designed to create & promote a platform by enabling clients and several legal professionals to meet, learn, and find opportunities and to find the most appropriate solution to their legal issues in a most reasonable manner. Lexcarts essentially facilitates communication and exchange of information between the User/Client and the Lawyer with varied and relevant expertise. Lexcarts does not provide any legal services or advice and is not a law firm.
To render terms & conditions of use, wherever the context so requires “You” or “User” or “Registered Member” or “Client” shall mean any natural or legal person who has agreed to use the website – “www.lexcarts.com” and the terms “You” or “Lawyer” or “Service Provider” shall mean any natural or legal person who has registered with Lexcarts in order to provide legal services, such person should be allowed to practice law and possess legal knowledge. The term “We”, “Us”, “Our”, “Lexcarts”, “Company” shall mean Lexcarts Technologies Pvt. Ltd.
- You agree that by clicking “Sign Up” or similar, registering, accessing or using our services at Lexcarts or related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “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 Lexcarts Technologies Pvt. Ltd. once you sign up to use our services in any form or manner.
- As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
- Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
Mode: By registering your profile through any of our domains or by the remittance of fees you become a member of Lexcarts.com
For the convenience of all our users, Lexcarts.com has 2 different types of membership schemes, each with their own benefits. They are Basic and Premium.
Basic – It is the Primary membership status that you have to register before upgrading it to Premium Membership. It provides you access to create a profile on Lexcarts.com where you can elucidate profile detail, will share up to 2 practice area on profile and will also provide the basic dashboard of the profile.
Premium- With Premium membership a lawyer is supposed to pay a minimum amount (exclusive of all taxes) for which Leads will be shared with lawyer, profile visibility will be in many cities, profile will showcase minimum 7 major practice area; can share your academic ,professional achievement, reported cases, articles, and blogs.
Membership is not automatic: The right of admission vests with Lexcarts.com. You become a member upon due acceptance of the Profile/Payment by Lexcarts.com.
Length of Membership: You continue to be a member of Lexcarts.com till:
Lexcarts.com discharges its obligations to you by the rendering of its services to you; or the termination of the membership by either Lexcarts.com or you.
Paid Memberships: Validity of your paid membership is in either of following ways: 6 months (half yearly) for 12 months (one year); the amount once paid is not refundable.
Extension of Premium Membership: if even after accessing premium membership no lead has been provided by Lexcarts.com then your premium membership will be extended for a period of 6 months in case membership taken for a year, and 2 months for membership taken for 6 months.
The inclusion of professionals/lawyers/specialists on Lexcarts.com or any professional directory on Lexcarts.com does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.
However any and all professional & academic details provided by the lawyer/advocate registered at Lexcarts.com shall be considered true as rendered by the lawyer/advocate. In case of any deceit and concealment of true facts by the lawyer to the Lexcarts.com & its users shall be sole responsibility of the lawyer himself and shall face all legal consequences therein by him.
Use of Services
- To use the Services, you agree that, you are natural person capable of entering into any contract as per the Indian Contracts Act, 1872. The term ‘person capable to enter into contract’ you submit that you are above age of 18 yr. and is of sound mind while signing up to Lexcarts. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
- In case you are below age of 18 yrs. or is a minor, you shall not register as a “User” of Lexcarts and shall not transact on or use the services provided by the Company. As a minor if you wish to use or transact on Lexcarts, such use or transaction may be made by your legal guardian or parents in their name or under their guidance on the Website, and by which they shall be responsible/liable for any acts committed in connection with any transaction.
- While registering 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 Lexcarts reserves the right to terminate your membership and / or refuse to provide you with access to the service or to access our website.
- The inclusion of professionals/lawyers/specialists on Lexcarts.com or any professional directory on Lexcarts does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.
- The opinions, statements, answers (collectively “consultation”) provided by the Lawyers via Lexcarts are solely the individual’s independent opinions and statements of such individual/lawyer and do not reflect the opinions or advice of Lexcarts or its affiliates.
If you make a payment on Lexcarts, you agree to our Payments Terms unless stated otherwise. If you purchase any of our paid Services, where “you” includes Clients/User or Lawyers, agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- 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 service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees and taxes unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
- You can refer to payment and refund policy in any case so required, to better understand our payment & refund policy.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
Lexcarts completely runs in compliance with the relevant laws. Therefore, Clients/Users and Lawyers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there-under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using paid services at Lexcarts website.
Privacy & Security
- We value the privacy and security of our consumers and lawyers. You understand and acknowledge that you provide your personal information at your own risk. You, further undertake to provide all necessary information to us for making this system as secure. By signing up and using Lexcarts website and its services, you agree to have your personally identifiable information collected, used, transferred to and processed in India.
- The records, data and other resources of Lexcarts shall not be used to impersonate another person or misrepresent authorization to act on behalf of others or Lexcarts. The users or the lawyers shall not infringe upon the rights of others or create spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe trademarks, or other intellectual property rights. In case of any violation hereof user agrees to indemnify and hold Lexcarts.com harmless for any and all acts.
- The user shall not attempt to undermine the security or integrity of computing systems or networks of Lexcarts, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
At Lexcarts we care about your security, however, we cannot guarantee against unauthorized third parties’ use and ability to defeat our security measures or use your personal information for improper purposes.
Lexcarts Proprietary Rights
- Lexcarts reserves all rights to monitor the content you post on its website. The Services and all content therein or transferred thereby, including, without limitation, text, patents, trademarks, service marks, copyrights, information, documents, logos, graphics, sounds and images [known as “Lexcarts Content”] and all Intellectual Property Rights [IPR] related thereto, are the exclusive property of Lexcarts.
- Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any “Lexcarts Content”. Use of the Lexcarts Content for any purpose not expressly permitted by this Agreement is strictly prohibited and will make you liable for damages as well as prosecution under the law.
- We allow you to choose to submit comments or ideas about our Services, including without limitation about how to improve the Services. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lexcarts under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Lexcarts does not waive any rights to use similar or related ideas previously known to Lexcarts, or developed by its employees, or obtained from sources other than you.
- That while you (Lawyer) submit any query, question, solicit legal advice, you understand and agree that your any such query and the response to the same therein, provided by the concerned Lawyer / Professional will become a part of the Lexcarts database and the sole property of Lexcarts. That Lexcarts retains the right to make any such information/data it collects public, if it so deems fit for the purpose of business, education, etc. That Lexcarts displays responses to questions, articles, blog posts, other information on lawyers/ professionals on its website for public viewing, and this content is not created or developed by Lexcarts and that Lexcarts holds the right to screen the data and information available on its website but holds no responsibility as to the authenticity, accuracy, adequacy or quality and veracity of the same of any such information, or the qualifications of those posting it. You are advised to do your own due diligence before hiring any particular lawyer for your legal needs.
- You are not allowed to and you hereby agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. Neither will you attempt to transfer any right in the Services (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Services in whole or in part, in any other ways. You agree that violations by you, any other person or entity related to you, of these trade secrets and / or other intellectual property protections or the terms of this Agreement will be lead to prosecution under the Indian Laws and By-laws. It shall be sole discretion of Lexcarts to decide whether you are in violation of this Agreement or not.
What you DO & what you DON’T
DO/ You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements
- Provide accurate information to us and keep it updated
- Use your real name on your profile
- Use the Services in a professional manner.
DON’T/You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services (except that Lexcarts grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Lexcarts.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials)
- Transmitting spam, chain letters, or other unsolicited email, SMS, or other messages
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- Uploading invalid data, viruses, worms, or other software agents through the Services
- Collecting or harvesting any personally identifiable information, including account names, from the Services
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
- Interfering with the proper working of the Services
- 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.
In any event of violation to the rules of this Agreement, Lexcarts reserves the right to immediately suspend or terminate or restrict the account of any member of user thereof.
Waiver Not Allowed
- 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 Lexcarts’s failure 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.
You agree to defend, indemnify and hold harmless Lexcarts 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 Lawyers.
- That you understand and expressly agree that: your use of our website is at your sole risk. All content and services on the Lexcarts 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 Lexcarts.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 favorable result for you.
- We do not guaranty the accuracy or completeness of any content or services and we do not guaranty in any services or goods associated with our website will be error-free or uninterrupted, or that any service or good will continue to be available
- Any material 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.
Exclusion/Limitation of Liability
- To the extent permitted under law (and unless Lexcarts has entered into a separate written agreement that supersedes this agreement), Lexcarts shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).
- In no case, to the maximum extent permitted by applicable law shall Lexcarts, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, breach of or inability to use, this service.
- Lexcarts Assumes No Liability Or Responsibility, To The Maximum Extent Permitted By Applicable Law in Any of the Following:
- 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.
In no event shall Lexcarts, 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 Lexcarts hereunder. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Lexcarts has been advised of the possibility of such damage.
Lexcarts shall not and is not required to mediate or resolve any dispute or disagreement between the User and any vendor or third party vendor or a lawyer.
Lexcarts does not at any point of time during any transaction between the User and any of the Lawyers on the Website come into or take possession of any of the services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered to User.
The Services are controlled and operated from facilities in the India. Lexcarts makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the India.
- 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 excluding shall exclusively 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 India, only.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Arbitration - Every 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 appointed by Lexcarts and in the event of any failure to commence or to continue arbitration by the arbitrator for any reasons whatsoever, the new arbitrator shall be appointed by Lexcarts only. The arbitration shall be governed by the Arbitration and Conciliation act, 1996. The seat of arbitration shall be in New Delhi.
General Provision: Notice, Assignment & Modifications
- In any event where there is a need to exchange notice between Lexcarts & its Members or Users then – Lexcarts may provide notice to you- the Consumer, by e-mail to the e-mail address provided by you during registration, by a general notice on the Lexcarts.com web site. You may give notice to Lexcarts.com at any time via email to contact@Lexcarts.com.
We reserve the right, but have no obligation, to monitor the materials posted on the Website/mobile application. Lexcarts shall not be held responsible for any response posted to your queries or any legal advise provided to you by the lawyers on our portal.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services and such acts of ours will not make us liable for any claim in any manner whatsoever. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with the Lawyers recommended by us. We reserve the right, but have no obligation, to monitor disputes between you and the Lawyers that we have provided to you. Lexcarts shall have no liability for your interactions Lawyers, or for any Lawyer’s action or inaction.
Lexcarts may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.