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Terms Of Use


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TERMS OF USE

PLEASE READ THESE TERMS OF USE (THE "AGREEMENT" OR THE "TERMS OF USE" OR "TERMS") CAREFULLY BEFORE USING THE SERVICES OFFERED BY KSRR SYSTEMS PRIVATE LIMITED, AN INDIAN COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 DOING BUSINESS AS LAWYERDIARYAPP (HEREINAFTER, "KSRR SYSTEMS" or "LAWYERDIARYAPP"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES OFFERED BY KSRR SYSTEMS THROUGH LAWYERDIARYAPP OR www.lawyerdiaryapp.com, ALL OTHER SITES OWNED AND OPERATED BY KSRR SYSTEMS THAT REDIRECT TO www.lawyerdiaryapp.com AND ALL SUBDOMAINS (COLLECTIVELY, THE "SITE"), AND THE SERVICES OFFERED BY KSRR SYSTEMS AND OPERATED BY KSRR SYSTEMS (TOGETHER WITH THE SITE, COLLECTIVELY, THE "SERVICE" OR "SERVICES").

BY CLICKING ON THE ACCEPTANCE TAB THAT LINKS TO THIS AGREEMENT, YOU AGREE YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BELOW DEFINED LAW FIRM, AND FURTHER AGREE THAT THE LAW FIRM IS BOUND BY THIS AGREEMENT, THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED BY KSRR SYSTEMS FROM TIME TO TIME ON THE SITE.

The word "You" or "Your" or "Lawyer" of "Law Firm" shall mean the entity that accepts these Terms of Use by clicking on the "I Agree" button.


COMMUNICATION SERVICE

LAWYERDIARYAPP is a mobile app combined with a web portal through which a lawyer, law firm on its own, or a group of law firms, located anywhere in the India may register and pay a service fee (as defined infra)(the "Service Fee"). In exchange for the Service Fee, LAWYERDIARYAPP will create a special account for the Law firm on its Site so that the associates and other staff of the law firm (hereinafter "associates") will be able to maintain their client data, case data, communicate quickly, and conveniently and receive important alerts and reminders about their cases and thereby provide valuable information with respect to clients, including but not limited to the status of the cases in various courts, cause list alerts, pre-alerts before the case reaches in the court hall, and such other information LAWYERDIARYAPP and the Law firm mutually agree are necessary items for which a LawyerDiaryApp communicates with the Law firm (hereinafter "Communication Service").

In furtherance of the Communication Service, LAWYERDIARYAPP will create an application (the "App") which Law firm may download through the Apple App Store or the Google Play Store. The Communication Service is also offered through LAWYERDIARYAPP’s Site through which Law firm can register for the Service.

The App and Site will allow associates of the Law firm to receive alerts and reminders directly from LAWYERDIARYAPP about the cases, by using the Site and signing up for the Communication Service, will have a place to receive and store such messages. The Law firm and associates must have a data plan and/orinternet access to use the Service.


COMMUNICATION SERVICE PROCESS; SOME RESPONSIBILITIES OF LAW FIRM

The Law firm will purchase the product and subscribe to the Services in the enrollment page along with information sufficient to create an account specifically for the registering Law firm. The Law firm will then use the Site to import its case database to the Site, including but not limited to, a case type, case number, case year, court state, court city, and court type. Next, Law firm admin can enroll the other associates of the firm. LAWYERDIARYAPP will assist the associates in communicating about the cases among them selves and by providing alerts and reminders about the cases they need to worry for the day. Each day, the Law firm’s administrator will be able to login to LAWYERDIARYAPP’s website or mobile app and obtain all information.

The Law firm must actively maintain the case database and ensure all associates, including admin, are getting the alerts and reminders of their cases on a regular basis.

The law firm may register additional associates to provide access to multiple parties working for the Law firm.


WHAT LAWYERDIARYAPP WON’T DO

LAWYERDIARYAPP will not communicate directly with the associates via phone call, nor will it sell or otherwise distribute any information provided by Law firm without the express written consent of the Law firm. As such, if a associate has any issues logging in or sending communications or receiving alerts and reminders, the associate shall inform the Law firm admin, and the Law firm admin will inform LAWYERDIARYAPP’s support.


ACCEPTANCE OF TERMS; SERVICE FEE

By clicking the "I Agree" button below, the individual clicking same represents that he or she has read and understands these Terms of Service, and has the authority to bind the Law firm to this Agreement. The Law firm acknowledges that these Terms of Use may be amended at any time, such amendment being enforceable immediately so long as the updated Terms of Use are sent to the Law firm at its registered electronic mailing address identified in the Notice section of this Agreement. The Law firm will then have seven (7) days to terminate this Agreement at which time this Agreement shall be automatically terminated. If no such termination is received by LAWYERDIARYAPP, the Law firm will be deemed to have accepted this Agreement.

The Law firm understands and accepts that the Service Fee for the Communication Service identified herein is Nine hundred and nighty five rupees (Rs.995.00) per year, and Law firm agrees to pay same by entering credit card information in a separate payment page of third party provider or mailing the check to the company’s registered address. LAWYERDIARYAPP does not retain any credit card information and all payment information is managed, processed and operated by third payment processing company.

LAWYERDIARYAPP agrees that, so long as the Law firm provides all appropriate information requested from the Site, LAWYERDIARYAPP will offer the Communication Service for free for the first thirty (30) days after the Law firm accepts this Agreement.


CONDUCT

As a condition of use, the Law firm promises not to use the Service for any purpose that is prohibited by these Terms of Use or law. The Law firm is responsible for all of its activity in connection with the Service.

Additionally, as a condition of use:

  • The Law firm agrees not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
  • The Law firm agrees not to post any content that violates any copyrights, patents, trademarks, trade secrets, or any other intellectual property rights of others, or any content that violates any law;
  • The Law firm agrees not to upload, post, email, transmit, submit, or otherwise make available through the Site or Service any material or content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless the Law firm is the owner of such rights or have the permission of the owner to post such content. The Law firm further agrees to not take any action that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract, including removing any copyright, trademark or other proprietary rights notices contained in or on the Site or Service.
  • The Law firm agrees not to transfer or assign these Terms, and any rights and licenses granted hereunder.
  • The Law firm agrees not to access, tamper with, or use non-public areas of the Site or Service or any other computer systems or networks connected to the Service.
  • The Law firm agrees not to post any content or use the Sites that would constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • The Law firm agrees not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code on the Site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of LAWYERDIARYAPP or any other Law firm to which LAWYERDIARYAPP provides the Service;

Additionally, the Law firm shall not: (i) take any action that imposes or may impose (as determined by LAWYERDIARYAPP in its sole discretion) an unreasonable or disproportionately large burden or load on LAWYERDIARYAPP or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

The Law firm shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

All case information, and that of their client whether publicly posted or privately transmitted, is the sole responsibility of the Law firm.

LAWYERDIARYAPP does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service. Under no circumstances will LAWYERDIARYAPP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. The Law firm further agrees that it is responsible for any unauthorized use of its password that is made before the Law firm has notified LAWYERDIARYAPP and LAWYERDIARYAPP has had a reasonable opportunity to act on that notice. LAWYERDIARYAPP reserves the right at its discretion to suspend or cancel the Law firm’s account and/or password, even without receiving such notice from the Law firm, if LAWYERDIARYAPP suspects that it is being used in an unauthorized or fraudulent manner.

The Law firm is solely responsible for maintaining the confidentiality of its account and password and agrees to promptly report any unauthorized or suspicious activity in its account to LAWYERDIARYAPP by email at [email protected] LAWYERDIARYAPP will respond to any such communication within one business day.


REGISTRATION

As a condition of using the Service, the Law firm will be required to register with LAWYERDIARYAPP and provide an e-mail address and phone number as its username and create a password. The Law firm shall provide accurate, complete, and updated registration information and shall be solely responsible for updating any and all pertinent registration information.


DISCLAIMER OF WARRANTY

To the fullest extent permissible by law, the Services are provided "AS IS" and WITHOUT WARRANTY OF ANY KIND. THE LAW FIRM ASSUMES THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAWYERDIARYAPP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LAWYERDIARYAPP DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET THE LAW FIRM’S REQUIREMENTS. THE LAW FIRM’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.


CONTENT AND LICENSES

The Law firm agrees that the Service contains Content provided by LAWYERDIARYAPP and may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. The Law firm shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.


COPYRIGHT DISPUTE POLICY

The online service providers such as LAWYERDIARYAPP have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.


PROPRIETARY RIGHTS

LAWYERDIARYAPP owns and retains all proprietary rights in the Site, its logo, the Service and all material and information received from the Law firm ("Content"). The Site contains the copyrighted material, trademarks and other proprietary information of LAWYERDIARYAPP. The Law firm may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of LAWYERDIARYAPP.


TERMINATION

If the Law firm wishes to terminate its account, it may do so by following the instructions on the Site. Any fees paid to LAWYERDIARYAPP are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

LAWYERDIARYAPP reserves the right - without cause or notice to the Law firm - to terminate or suspend the Law firm’s access to some or all of the Site, effectively immediately, if the Law firm engages in activities that LAWYERDIARYAPP concludes, in its discretion, breaches these Terms of Use or the Privacy. The Law firm should also understand that the Terms of Use and Privacy Policy are based in many instances on principles of state and federal law.

If an account is terminated, the Law firm and its associated registered Associates will lose access to all stored information related to the Services at the end of the billing cycle in which notice of termination is given.


INDEMNIFICATION

By using the Services, and agreeing to this Agreement, the Law firm agrees to defend, indemnify, and hold harmless LAWYERDIARYAPP, its affiliates, and each of its affiliates’ directors, employees, managers, agents, contractors, partners, lawyers, and suppliers from all liabilities, claims, and expenses, including reasonable lawyers’ fees, that arise from or relate to the Law firm’s use or misuse of, or access to, the Service, the violation of any law, rule or regulation, or infringement by the Law firm, or any third party using the Law firm’s account.


LIMITATION OF LIABILITY

IN NO EVENT SHALL LAWYERDIARYAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LAWYERS, OR AGENTS, BE LIABLE TO LAW FIRM UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

  • DATA LOSS;
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE LAW FIRM’S USE OF THE SERVICES;
  • UNAUTHORIZED ACCESS TO OR USE OF LAWYERDIARYAPP’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • LOSSES CAUSED BY ANY UNAUTHORIZED USE OF THE LAW FIRM’S ACCOUNT;
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LAWYERDIARYAPP’S SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH LAWYERDIARYAPP’S SERVICES BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAWYERDIARYAPP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LAWYERDIARYAPP makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. LAWYERDIARYAPP will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other Content stored on LAWYERDIARYAPP’S equipment, transmitted over networks accessed by the Site, or otherwise connected with the Law firm’s use of the Service.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE JURISDICTION IN WHICH THE LAW FIRM IS LOCATED.


GOVERNING LAW – ARBITRATION

All provisions shall be construed in accordance with and governed by the laws of the India and the State of Tamil Nadu, without reference to their rules regarding conflicts of law. All disputes arising out of or related to the provisions herein and/or the use of the Site, the Content or the Services shall be resolved by final and binding arbitration before one neutral arbitrator in Chennai, Tamil Nadu. The Law firm consents to the personal jurisdiction in Chennai, Tamil Nadu, and agrees that it is the sole venue for any dispute. An award by the arbitrator may be entered by any party in a court of competent jurisdiction. IN AGREEING TO ARBITRATE, THE LAW FIRM IS GIVING UP ITS RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY.


ELECTRONIC DELIVERY – NOTICE POLICY – CONSENT

By using the Services, the Law firm consents to receive from LAWYERDIARYAPP all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. LAWYERDIARYAPP may provide the electronic Contract Notices by posting them on the Site or directly emailing the Law firm to an email address it provides in the registration process.

The Law firm’s use of electronic signatures to sign documents legally binds it in the same manner as if it had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to the Law firm in writing. If the Law firm signs electronically, it represents that it has the ability to access and retain a record of such documents. The Law firm agrees that it is responsible for understanding these documents and agrees to conduct business by electronic means. The Law firm is obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.


INTEGRATION AND SEVERABILITY; ASSIGNABILITY; WAIVER

These Terms of Use, together with the Privacy Policy, and any other legal notices published by LAWYERDIARYAPP on the Site, shall constitute the entire agreement between the Law firm and LAWYERDIARYAPP concerning the Service and supersedes all prior or contemporaneous communications, agreements and understandings between LAWYERDIARYAPP and the Law firm with respect to the subject matter hereof. These Terms of Use shall not be assignable by the Law firm, either in whole or in part. LAWYERDIARYAPP reserves the right to assign its rights and obligations under these Terms without restriction. The failure of LAWYERDIARYAPP to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of such right or provision may only become effective upon written agreement signed by a duly authorized representative of LAWYERDIARYAPP. The section titles in this Agreement and the Privacy Policy are for convenience only and have no legal or contractual effect. If for any reason any provision of these Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. A printed version of these Terms shall be admissible in judicial or administrative proceedings.


FORCE MAJEURE; NO PARTNERSHIP; NO THIRD-PARTY BENEFICIARIES

LAWYERDIARYAPP shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond LAWYERDIARYAPP reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.


NOTICE PROCESS

The Law firm agrees that all notices contemplated herein shall be sent to LAWYERDIARYAPP by sending the notice to [email protected] LAWYERDIARYAPP shall send notices to Law firm at the email address registered by Law firm/office in the Enrollment process. A Notice is deemed to have been given when sent.

Effective: December 27, 2018