Terms and Privacy Policy
Lawpract Terms of Service
These Terms of Service apply to the executable code version of Lawpract. Source code for Lawpract is copyrighted.
1. Your relationship with Lawpract
1.1 Your use of Lawpract’s products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Lawpract under a separate written agreement) is subject to the terms of a legal agreement between you and Lawpract. “Lawpract” means Fynex Technologies., whose principal place of business is at 7, Vimal Vihar, Bibvewadi, Pune 411037, India. This document explains how the agreement is made up and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Lawpract, your agreement with Lawpract will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Lawpract will also include the terms set forth below in the Lawpract Additional Terms of Service and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within or through your use of that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Lawpract in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Lawpract in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Lawpract will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Language of the Terms
3.1 Where Lawpract has provided you with a translation of the English-language version of the Terms, then you agree that the translation is provided for your convenience only and that the English-language versions of the Terms will govern your relationship with Lawpract.
3.2 If there is any contradiction between what the English- language version of the Terms says and what a translation says, then the English-language version shall take precedence.
4. Provision of the Services by Lawpract
4.1 Lawpract has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Lawpract itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Lawpract is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that Lawpract provides may change from time to time, without prior notice to you.
4.3 You acknowledge and agree that if Fynex disables access to your lawpract copy, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account for reasons including infringement, non payment of subscription fees, tampering of software etc.
5. Use of the Services by you
5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services).
5.3 Unless you have been specifically permitted to do so in a separate agreement with Lawpract you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
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5.4 You agree that you are solely responsible for (and that Lawpract has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that Lawpract may suffer) of any such breach.6. Privacy and your personal information
6.1 For information about Lawpract’s data protection practices, please read Lawpract’s privacy policy at http://www.lawpract.com/privacy.html . This policy explains how Lawpract treats your personal information and protects your privacy when you use the Services.
6.2 You agree to the use of your data in accordance with Lawpract’s privacy policies.
7. Proprietary rights
7.1 You acknowledge and agree that Lawpract (or Lawpract’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2 Unless you have agreed otherwise in writing with Fynex, nothing in the Terms gives you a right to use any of Lawpract’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features.
7.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Lawpract, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Lawpract's brand-feature use guidelines, as updated from time to time. These guidelines can be viewed online at http://www.lawpract.com/permissions/guidelines.html (or such other URL as Lawpract may provide for this purpose from time to time).
7.4 Lawpract acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on or through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Lawpract, you agree that you are responsible for protecting and enforcing those rights and that Lawpract has no obligation to do so on your behalf.
7.5 You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade-mark notices) that may be affixed to or contained within the Services.
7.6 Unless you have been expressly authorised to do so in writing by Lawpract, you agree that in using the product, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
8. Licence from Lawpract
8.1 Lawpract gives you a personal, royalty-free, non-assignable and non-exclusive licence to use the software provided to youas part of the Services provided to you by Lawpract (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided, in the manner permitted by the Terms.
8.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse-engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by Lawpract, in writing.
8.3 Subject to section 1.2, unless Lawpract has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9. Content licence from you
9.1 You retain copyright and any other rights that you already hold in Content which you submit, post or display on or through the Services.
10. Software updates
10.1 The Software that you use may download and install updates automatically, from time to time, from Lawpract. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Lawpract to deliver these to you) as part of your use of the Services.
11. Ending your relationship with Lawpract
11.1 The Terms will continue to apply until terminated either by you or Lawpract, as set out below.
11.2 Lawpract may, at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or
(B) Lawpract is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or
(C) the partner with whom Lawpract offered the Services to you has terminated its relationship with Lawpract or ceased to offer the Services to you; or
(D) Lawpract is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Lawpract is, in Lawpract’s opinion, no longer commercially viable.
11.3 Nothing in this Section shall affect Lawpract’s rights regarding provision of Services under Section 4 of the Terms.
11.4 When these Terms come to an end, all the legal rights, obligations and liabilities that you and Lawpract have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT LAWPRACT’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”.
12.3 IN PARTICULAR, LAWPRACT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE. OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAWPRACT, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 LAWPRACT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LAWPRACT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES THAT LAWPRACT MAY MAKE TO THE SERVICES OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE LAWPRACT WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON LAWPRACT’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY, WHETHER OR NOT LAWPRACT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Copyright and trade mark policies
14.1 It is Lawpract’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in India, the Indian Copyright Act) and to terminate the accounts of repeated infringers.
15. Other content
15.1 The Services may include hyperlinks to other websites, or content or resources. Lawpract may have no control over any websites or resources that are provided by companies or persons other than Lawpract.
15.2 You acknowledge and agree that Lawpract is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources.
15.3 You acknowledge and agree that Lawpract is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites or resources.
16. Changes to the Terms
16.1 Lawpract may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Lawpract will make a new copy of the Universal Terms available at http://www.lawpract.com/ltp_pro/intl/en-GB/eula_text.html and any new Additional Terms will be made available to you from within or through the affected Services.
16.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Lawpract will treat your use as acceptance of the updated Universal Terms or Additional Terms.
17. General legal terms
17.1 Sometimes, when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and Lawpract and govern your use of the Services (but exclude any services that Lawpract may provide to you under a separate written agreement) and completely replace any prior agreements between you and Lawpract in relation to the Services.
17.3 You agree that Lawpract may provide you with notices, including those regarding changes to the Terms, by email, letter post or postings on the Services.
17.4 You agree that if Lawpract does not exercise or enforce any legal right or remedy that is contained in the Terms (or which Lawpract has the benefit of under any applicable law), this will not be taken to be a formal waiver of Lawpract’s rights and that those rights or remedies will still be available to Lawpract.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable
17.6 You acknowledge and agree that each member of the group of companies of which Lawpract is the parent shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce and rely upon any provision of the Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.
17.7 The Terms and your relationship with Lawpract under the Terms shall be governed by the laws of the Maharashtra State, India without regard to its conflict-of-laws provisions. You and Lawpract agree to submit to the exclusive jurisdiction of the courts located within the Maharashtra State to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Lawpract shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18. Additional Terms for Extensions for Lawpract
18.1 These terms in this section apply if you install extensions on your copy of Lawpract. Extensions are small software programmes, developed by Lawpract or third parties that can modify and enhance the functionality of Lawpract. Extensions may have greater privileges to access your browser or your computer than regular web pages, including the ability to read and modify your private data.
18.2 From time to time, Lawpract may check with remote servers (hosted by Lawpract or by third parties) for available updates to extensions, including, but not limited to bug fixes or enhanced functionality. You agree that such updates will be requested automatically, downloaded and installed without further notice to you.
19.3 From time to time, Lawpract may discover an extension that violates Lawpract developer terms or other legal agreements, laws, regulations or policies. Lawpract will periodically download a list of such extensions from Lawpract’s servers. You agree that Lawpract may remotely disable or remove any such extension from user systems at its sole discretion.
19. Additional Terms for Enterprise Use
19.1 If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorised to do business in the country or countries where you operate and that your employees, officers, representatives and other agents accessing the Service are duly authorised to access Lawpract and to legally bind you to these Terms.
19.2 Subject to the Terms and in addition to the licence grant in Section 9, Lawpract grants you a non-exclusive, non-transferable licence to install and use Lawpract solely on machines intended for use by your employees, officers, representatives and agents in connection with your business entity, and provided that their use of Lawpract will be subject to the Terms.