C2RM… To Know More
Something Awesome Is In The Work
DAYS
HOURS
MINUTES
SECONDS
Adoni, India
Kolkata, India
Marriage is one of the beautiful and one of the important stages of everyone's life. It is a life-changing decision of two people who agreed to share their life with each other. But no one can predict read more
Marriage is one of the beautiful and one of the important stages
of everyone's life. It is a life-changing decision of two people who agreed to
share their life with each other. But no one can predict the future, sometimes
the two people who agreed to share their life might face problems in it.
Marriage is considered to be a roller coaster ride which means sometimes up and
sometimes down, it depends on the couple whether they are able to face the
downs with the ups. Sometimes they are not, when they are not then they seek
happiness in being apart from either by judicial separation or by divorce. In
this blog, we will discuss what conjugal rights mean? Who can file for
restitution of conjugal and where? under which law restitution of conjugal
rights can be filed? How is a denial of conjugal rights grounds for divorce?
Conjugal Rights: The couple who are married agreed to share their life
which means they have certain duties and responsibility towards each other.
Conjugal Rights also mean the same when the couple is married they have certain
matrimonial rights which should be performed by both the spouses. Conjugal
Rights includes:
1. Living together: The spouses or the married couple
should live together.
2. Marital intercourse: The spouses or the married couple have
rights and duties together with each other and have physical or sexual
relationships.
3. Comfort to each other: The spouses should give comfort to each
other like; emotional and mental comfort.
4.
Matrimonial
Obligation: The married
couple is supposed to share the responsibility of the households as well. Since
the two people are sharing their life one person cannot take responsibility for
everything which means they have to share the household chores.
Laws that talks about conjugal rights are as follows:
1. Section 9 of The Hindu Marriage Act.
2. Section 32 of the Indian Divorce Act.
3. Section 22 of the Special Marriage Act.
4.
Section
36 of The Parsi Marriage and Divorce Act.
Restitution
of Conjugal Rights: If
any of the spouses refuse to live together or withdraw herself/himself from the
society of their respective halves for no reason or refuse to enjoy the
conjugal rights. Court to maintain gender equality provided some legal
provisions to let the spouses have their rights. If the spouses are not
enjoying the conjugal rights then the other spouse can file suit for
restitution of conjugal rights. To file the suit for restitution of the
conjugal rights the partner who is filing has to prove it, and certain
condition needs to be fulfilled to file suit for restitution of conjugal rights:
1.
The
defendant has refused from cohabitation or is withdrawing from the society of
the other spouse or petitioner. One of the most important things need to keep
in mind that it is not necessary that they are not living together makes the
other partner file suit for restitution of conjugal rights, if they are in
contact or communicating and staying away is due to work or for some other
valid reason then it will not be considered as a refusal from the society.
2.
The
statement made and mentioned by the petitioner should be true and no false
statement had been made and there has to be unreasonable ground for the refusal
from the society of the significant half.
3.
If
the relief or the application is being denied then there should not be any
legal grounds mentioned for that.
Procedure
to file the suit for restitution of conjugal rights: When it comes to filing any type
of suit or case it needs to be done in a proper manner and there are certain
procedures that need to be followed by the person who is initiating any legal
proceedings against any person. In this case, the procedure is as follows:
1.
The
spouse who wants to file the suit for restitution should contact a
lawyer specialized in
such cases, he/she will file the application on your behalf in the district
court from which it will be transferred to High Court.
2.
From
there a petition copy will be sent to the other spouse or the other partner,
also the date of the hearing regarding the matter.
3.
On
the given date of hearing both the husband and the wife has to be present in
the court for the case hearing.
4.
The
court will send them to the counselor for their case where they will describe
their issues and try to resolve the matter. In general, the court will send
them for 3 sessions and there will be a 20 days time gap between each session.
5.
After
the 3 counseling sessions, the judge will pass the decree either in favor of
the petitioner or defendant depending upon the statements of the parties and
the counselor.
Rejection of the application of restitution of conjugal rights: There are certain cases where the
court may deny the application for the restitution of conjugal rights, but
there has to be a proper reason for the denial of the conjugal rights which are
as follows:
1. If the spouse or the defendant is
staying away or apart is due to any type of matrimonial issues or problems then
the application may be denied.
2. If the spouse or the petitioner has
committed any type of misconduct or any bad behavior or there is any type of
abuse, then the application for restitution of conjugal rights may be denied.
3. There is any cruelty from any party or
the in-laws it would amount to a rejection of the application.
4.
If
the parties are causing or willingly dragging the case for no reason then the application
may get rejected.
What happens when the application is rejected or the proceeding
is taking time: Legal
proceeding takes time and also depends upon the statements and the evidence if
the court is satisfied there is a proper reason for staying apart or the spouse
have a valid reason for withdrawing from the other spouse’s society then the
court may grant the degree in favor of the defendant.
If the petitioner gets rejected or the petitioner loses the case
then the petitioner has the right to file a case for judicial separation or for
divorce.
If the case is taking longer than the petitioner or the court
expected then the application may get rejected and the petitioner can file for
judicial separation and divorce.
If the decree is passed in the favour of the petitioner but the
defendants refused to comply or failed to perform and came back within one year
then again, the petitioner can file for judicial separation or divorce.
Judicial Separation: Sometimes a couple does not want to officially call their
marriage off but needs some time to sort things out or need time to think but
not ready to part their ways for forever, so they go for judicial separation.
It suspends their marriage for some time which makes the couple realize how
important their marriage is and the significant half is for them also gives
them time to solve the issues they are having.
Grounds for judicial
separation:
1. Adultery: It is one of the main
reasons for judicial, when any of the spouses is sexually involved with someone
else or other than the spouse, it is called adultery.
2. Cruelty: When any of the spouses
has committed any type of cruelty towards the other spouse. For any type of
abuse then it will become the ground for judicial separation.
3. Desertion: When any of the spouses or
the party deserts the other spouse or the party without any reason or consent
for 2 continuous years then the spouse who gets deserted can file for judicial
separation.
4. Unsound Mind: If one of the spouses
has an unsound mind or not in his/her senses then the other spouse can file for
judicial separation.
5. Conversion: When one of the spouses
opt for any other religion or convert himself/herself into some other religion
then the other spouse can file for judicial separation.
6. Leprosy: If one of the spouses is
suffering from any disease which is incurable or long term then the other
spouse can file for the judicial separation.
7. Missing for 7 years: If the spouse is not
being found or haven’t seen for 7 years then the other spouse can file for
judicial separation.
Divorce: When a married
couple no longer wants to continue their marriage or are unable to resolve the
issues they have or they have any issues which make them unable to continue
their marriage, they seek court’s help in dissolving their marriage or getting
divorced.
Grounds for divorce:
1. Desertion: When any of the spouses
leave the other spouse for no reason and without consent then the spouse who is
getting deserted can file for divorce.
2. Cruelty: If any spouse mistreats
their spouse or behaves badly or abuses verbally or physically then the other
spouse can ask for a divorce.
3. Adultery: When any of the spouses
are having affairs with some or involved in sexual activity with another person
then their spouse the other spouse can file a case for divorce.
4. Unsound Mind: When any of the spouses
is insane or becomes insane due to any reason and the other spouse does not
want to continue their marriage then he/she can file for divorce.
5. Leprosy: If the spouse is
suffering from a disease that is incurable or has a long time effect then the
other spouse can ask for a divorce.
6. Conversion: When one of the spouses
converts himself/herself into some other religion then the other spouse can
file for divorce.
7. Mutual Consent: When both the party or
the spouses think that it's better to call their marriage off or think that
they are not happy together anymore and should part their ways then they can
file for divorce on this ground, where they both agree for it.
8. Customary Divorce: When the divorce is
performed by following the rules of the customs is customary divorce.
9. Breakdown of marriage: If the spouses or any
one of the party claims that there is no cohabitation of the marriage or they
are not enjoying the conjugal rights or there is no restitution of conjugal
rights for up to the period of 1 year then they can seek divorce.
Cases on Conjugal Rights
with respect to Constitutional Validity:
T. Sareetha v. T.Venkata
Subbaiah: In
this case, the Court held that restitution of conjugal rights is a violation of
Articles 14, 19, and 21 of the Indian Constitution. Court held that this right
violates the freedom of a woman. It took away the rights of the woman that when
and how she wants to live her life or consume her marriage. Hence the court
held that it should be held void and arbitrary.
Harvinder Kaur v.
Harmandar Singh: In
this case, the court states the objective of restitution of conjugal rights,
the court held that the object behind this right is to make the married life
stable for husband and wife and to encourage reconciliation and conjugal rights
do not talk about sexual intercourse only it talks about the marital
relationship overall which makes it valid.
Saroj Rani v. Sudarshan
Kumar: In
this case, the Court held that restitution of conjugal rights is not violating
any of the fundamental rights of the spouse or is not violating Article 14,19,
or 21 of the Indian Constitution. On the other hands, it is stopping a marriage
from being dissolved which means it is serving a social purpose but if any of
the spouses is not complying with the decree of restitution of conjugal rights
for 1 continuous year then they can get a divorce on this ground as a court
cannot force a person to have a physical relationship or sexual intercourse.
Conclusion: Hence it is concluded that conjugal rights include
all marital rights not just sexual intercourse, conjugal rights talk about the
rights of spouses to living together, sharing household chores, fulfilling
responsibility as husband or wife towards each other and the family and just
because spouses are not living in the same house does not mean they are not
cohabiting, if they are having a conversation or communicating that will ask
for restitution of conjugal rights. Also, it is not unconstitutional or it does
not violate the fundamental rights of the spouses.
*****
The #DelhiHighCourt has in a recent case of Ericsson India Global Services Private Limited vs Union of India and Others WP (C) 13249 of 2019, passed a Judgment dated 27-04-2021 and directed the Respondents read more
The #DelhiHighCourt has in a recent case of Ericsson India Global Services Private Limited vs Union of India and Others WP (C) 13249 of 2019, passed a Judgment dated 27-04-2021 and directed the Respondents to consider the #claims of the Petitioners under Service Exports from India Scheme (#SEIS), which were unreasonably rejected by the Respondents.
To read more, please visit the link below:
#delhihighcourt #foreigntrade #dgft #scehme #lawyered
The #DelhiHighCourt in the case of Vipul Plastic And Allied Industries Pvt Ltd vs DDA, vide its Judgment dated 26.04.2021 while deciding a conversion of Delhi Development Authority (#DDA) Commercial Property read more
The #DelhiHighCourt in the case of Vipul Plastic And Allied Industries Pvt Ltd vs DDA, vide its Judgment dated 26.04.2021 while deciding a conversion of Delhi Development Authority (#DDA) Commercial Property from #leasehold to #freehold held that DDA could not charge unearned increase for transfer of #shares in the company as the said transfer was not deemed to be a transfer of #asset.
To read more, please visit the link below:
#delhihighcourt #transfer #shares #lease #property
The Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices L. Nageswara Rao and Vineet Saran passed a Judgment dated 28-04-2021 in the case of Reserve Bank of India v. Jayantilal read more
The Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices L. Nageswara Rao and Vineet Saran passed a Judgment dated 28-04-2021 in the case of Reserve Bank of India v. Jayantilal N. Mistry & Anr. M.A. No.2342 of 2019 in Transferred Case (Civil) No.91 of 2015 whereby it dismissed an Application filed by miscellaneous #Banks to recall the Judgment dated 16.12.2015 which directed the Reserve Bank of India (#RBI) to disclose #Loan #Defaulters List and Inspection Reports under Right to Information Act, 2005 (the Act).
To read more, please find link below:
#bank #rbi #supremecourt #disclosure
Delhi High Court last week held that a private car amounts to a public place in order to wear a face mask in Covid pandemic is a compulsory even when travelling alone.The Supreme Court of India held in read more
Delhi High Court last week held that a private car amounts to a public place in order to wear a face mask in Covid pandemic is a compulsory even when travelling alone.
The Supreme Court of India held in NDPS case, that private vehicles is not a public place as per sec.43 of NDPS Act in case Boota Singh v. State of haryana.
The #SupremeCourt has in a recent case of Lok Prahari through its General Secretary S.N. Shukla IAS (Retd.) vs Union of India and others has passed a Judgment dated 20-04-2021 and activated a dormant read more
The #SupremeCourt has in a recent case of Lok Prahari through its General Secretary S.N. Shukla IAS (Retd.) vs Union of India and others has passed a Judgment dated 20-04-2021 and activated a dormant provision of #Article224A of the Constitution of India 1950 (#Constitution) for appointment of #adhocjudges to deal with the steep rise in backlog of over 57 Lakh pending cases in various #HighCourts across the country.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-issues-guidelines-on-appointment-of-retired-judges-to-adjudicate-long-pending-cases-in-high-courts/
#supremecourt #guidelines #retiredjudges #adhocjudges #highcourt #pending #article224A #constitutionofindia
The Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Rohinton Fali Nariman and Hrishikesh Roy passed a Judgment dated 13-04-2021 in the case of M/S Inox Renewables Ltd. v. read more
The Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Rohinton Fali Nariman and Hrishikesh Roy passed a Judgment dated 13-04-2021 in the case of M/S Inox Renewables Ltd. v. Jayesh Electricals Ltd. Civil Appeal No. 1556 Of 2021 (Arising out of SLP (C) No.29161 of 2019) and held that if the parties to #arbitration mutually decide upon changing the ‘Venue of Arbitration’, then the changed venue becomes the ‘Seat of Arbitration’.
To read more, please visit the link below:
#arbitration #seat #venue #agreement #supremecourtofindia
It is common knowledge that the #seat of #arbitration determines the applicable law governing the arbitration including the procedural aspects. When parties specify a particular country as the seat of read more
It is common knowledge that the #seat of #arbitration determines the applicable law governing the arbitration including the procedural aspects. When parties specify a particular country as the seat of arbitration in an arbitration agreement, then, the applicable law of such country would govern the arbitration proceedings.
To read more, please visit the link below:
#arbitration #venue #seat #supremecourt
PROCEDURES INVOLVED IN A FAMILY COURT CASE-Kishan Dutt Kalaskar According to Section 10 of the Family Courts Act,1984, the Family Courts are allowed to evolve their rules of procedure. The Code of read more
PROCEDURES
INVOLVED IN A FAMILY COURT CASE
-Kishan Dutt Kalaskar
According
to Section 10 of the Family Courts Act,1984, the Family Courts are allowed to evolve
their rules of procedure. The Code of Civil Procedure was amended to fulfil the
reason behind setting up the Family Courts.
Section
9 of the Act puts special emphasison settling disputes by mediation and
conciliation. It guarantees that the matter is addressed by understanding the
two parties and reduces the chances of any further conflict. The point is to
give priority to a mutual understanding of the usual process of arbitration.
So, these courts mean to frame a pleasant environment where family disputes are
settled amicably. The cases have avoided the features of a formal legal system.
During any stage of the proceedings, if the court believes that there is a possibility
of an amicable resolution,the court can direct the parties to mediation.
The
shackles of a formal overall set of laws and the normal process of adjudication
cause unnecessary prolonging of the matter, and the dispute can deteriorate
over the long haul. It tends to be an exceptionally horrendous experience for
the families and lead to personal and financial losses that can devastatingly
affect human relations. It again focuses on the significance of having guidance
counsellors and psychological experts in managing such matters.
Section
13 of the Act specifies that a party isn't qualified to be addressed by a
lawyer without the court's express authorization. In any case, constantly, the court
concedes this authorization, and as a rule, it is a legal counsellor who
addresses the gatherings. The interesting angle regarding the procedures under
the Family Court's watchful eye is that they are first referred to conciliation.
When the conciliation procedures fail to effectively determine the issue, the
mattertaken up for the court is preliminary. The Conciliators are experts who
the court designates. When the last request is passed, the wronged party has
the alternative of filing an appeal under the watchful eye of the High Court.
Such appeal is to be heard by a bench comprising of two judges (Section 19 of
the Act).
The
primary object of the Family Courts Act 1984 was to give the chance of
conciliation to the litigants and to prepare for rapid dismissal.
Stage
1 – Court Counseling and Mediation
When
the respondent gets a summons from court, he/she will need to show up under the
watchful eye of the Judge of the Family Court. As previously stated, under
Section 9 of the Act, the courts are mandated to make efforts for the settlement
of disputes. Thus, at the first stage, the Judge would allude the parties to
the counsellor for going through the way toward counselling. It is to keep away
from any worsening of conditions and to empower possible conciliation between
the couple.
The
counsellors will undoubtedly unveil the minutes of the discussion between the
spouses before them for counselling. The counsellor will send a report
demonstrating if the settlement could be shown up.
Stage
2 – Counter-Statement
If
the case isn't settled through alternative dispute resolution methods, the case
alludes back to the court. The Family Court Judge has abundant powers under
Section 10(3) of the Act to assist the parties.
Stage
3 – Evidence
After
the pleadings on either side are finished, the enquiry is initiated with the
petitioner. The chief examination of the petitioner is finished via testimony.
The petitioner and the respondent will record the proof under the Judge's
steady gaze regarding his/her appeal. The provision of section 15 and 16 of the
Act sets out the method for recording evidence.
–
> Section15: A record of the oral evidence isn't required for a family court
to record a witnesses' evidence. Finally, just that part is adequate,
identified with the suit or continuing, and the Judge and the witness should
sign it.
–
> Section16: Evidence of formal character on affidavit. The evidence of any
individual where such evidence is true might be given by testimony and may,
subject to all just exceptions, be read in evidence in any suit or proceeding
under the watchful eye of a Family Court.
Stage
4 – Cross-Examination
The
petitioner and the respondent will be allowed to cross the other party to
counter-argue their submission and nullify the cases and evidence produced in
the court. The parties can help their pleader prepare to record the
confirmation of evidence and questioning of the other party.
Stage
5 – Decree and Order Passed by the Court
After
hearing the rival contentions, the court may defer the case to pass the decree
and order to permit or excuse the appeal under the court's watchful eye.
The
procedures of the family court can be held within the presence of cameras. As
per Section 11 of the Act, the family court procedures might be held in camera
if the court feels so or any party to the suit needs to do such.
As
the family courts work with fewer formalities, they don't record the long
evidence of witnesses. Just that evidence of the witness is recorded identified
with the topic. As indicated by Section 14 of the Act, any report, statement or
document, identified with the topic is admissible under the Indian Evidence
Act, 1872.
Conclusion
Presently,
the family court matters take a long time from the phase of advising to the
last hearing, just in situations where both the parties show up without default
and make their submission inside the time frame as directed by the court. The
above timeline may go further if there are interim applications for relief of
maintenance, child custody, request against interim orders, etc.
These
family courts' setting was a dynamic step in decreasing the overabundance and
discarding cases while guaranteeing justice's successful delivery.
Notwithstanding, as previously mentioned, there are still matters of worry that
plague these courts. The issues identifying with these courts' working are
found altogether, as cited in the examples identifying with the issues'
procedural and substantive parts.
Moreover,
the absence of consistency concerning the guidelines prompts disarray in its
application. Further, the need to correct certain laws should be analyzed and
executed viably to guarantee that these courts don't confront any prevention in
their work. Whenever analyzed and executed inside time, these little advances
will go far to guarantee that the Family Courts are fruitful, indeed, to satisfy
the honourable reason for which they were made.
Do you transact through different e-commerce or online platforms? In many cases we heard the complains that the item ordered to buy online or the item of desired quality was not delivered or despite ordering read more
Do you transact through
different e-commerce or online platforms? In many cases we heard the complains
that the item ordered to buy online or the item of desired quality was not
delivered or despite ordering a valuable product for a lot of money, some
bricks were found in the packet. According to statista.com, India is the second
largest online market in the world and by the year 2022, India's proposed
online market will reach close to US $73 billion.
In order to protect
yourself or your rights in this situation, you need to have some idea or
knowledge about the latest consumer law.
At present, like other
developed and developing countries, a large portion of buyers in India are
buying or trying to buy products or services through the cyber world. This is
why the e-commerce industry has made the best progress in the last few years.
Specifically, in the current situation of prolonged lockdown, when the
existence of civilization is being tested, when people can't get out of their
houses very easily or avoiding purchases directly from the market, the
e-commerce business has reached at the pinnacle.
A large segment of our
society is directly purchasing products or services through various online
platforms using e-commerce entities or e-commerce entities marketplaces. Every
day most deals are made through the virtual world wherein some or every part of
a valid contract is executed through the virtual world.
However, the previous
Consumer Protection Act, 1986 and our existing Contract Act did not provide any
legal opportunity for legal disputes related to any online contract in the
virtual world. The following provision of the
Information Technology Act tries to handle the situation to some extent –
Section 10A: Validity of contracts formed
through electronic means. - Where in a contract formation, the communication of
proposals, the acceptance of proposals, the revocation of proposals and
acceptances, as the case may be, are expressed in electronic form or by means
of an electronic record, such contract shall not be deemed to be unenforceable
solely on the ground that such electronic form or means was used for that
purpose.
Yet, we need a complete
and appropriate law to deal with or properly prosecute dangerous transactions
in our cyber world, where the buyers interact with vendors or service providers
in virtual worlds at greater risk than in the real world and wherein a large
number of them are ready to deceive the buyers in the name of selling products
with false identities. In this unknown world, it is more difficult to determine
the address of the responsible person, place of business, etc. where everything
is absolutely virtual.
This situation requires
a well-organized and protected law that will solve the above problem. Recently
we have got the following two landmark laws which will play an important role
in day-to-day online shopping by consumers at large. –
1) Consumer Protection
Act, 2019
2) Consumer Protection
(e-commerce) Rules, 2020
Let us see the gist of some
of important provisions of Consumer Protection Act, 2019, hereinbelow –
1) The new law defines
a consumer as a person who buys goods or receives services through online
electronic media and/or through offline. This means that the
current law includes online-trading through all types of electronic media.
2) This law defines
e-commerce as a process of purchasing goods or services digitally which occurs through
digital or electronics networks.
3) Section 17 of this
new law provides for a complaint to the authorities when it
violates the rights of the consumer or trades illegally or publishes false
misleading advertisements which is against the interest of the customer. In
that case the complaint can be lodged in writing or electronically with the
District Collector or the appropriate concerned officer.
4)As per Section 35 of
this new law, complaint can be lodged through different mediums and even
electronic medium as well.
5) Under this new law
all notices which need to be sent when approved by the District Commission can
be sent in the same manner or electronically as before. In Online notice, in
which case the notice will be sent to the electronic service provider who will
complete the procedure through a nodal officer.
6) Section 94 of the
Act allows the Central Government to take necessary steps to stop dishonest
practices on online platforms in the form of e-commerce. In this context, it is
important to note that a detailed rule or rules such as the Consumer Protection
Rules, e-Commerce Rules, 2020 have been introduced to stop the vicious cycle on
e-commerce platforms. That is, in the above provisions of the newly passed
Consumer Protection Act, transactions by buyers in the virtual world are
included. The law also protects consumers in the online world.
Some important clauses of
Consumer Protection (e-commerce) Rules, 2020 are explained hereinbelow –
i) These e-commerce
rules will cover all commodities or purchases made everywhere through digital
electronics networking systems.
ii) These e-commerce
rules will cover all types of unscrupulous business transactions through
various online platforms.
iii) The most
significant clause is that the rule will also apply to all e-commerce companies
which are not established in India but provide goods or services in India.
iv) To determine the
details of e-commerce companies, Rule No. 4 is a very progressive and important
rule.
v) This rule requires
each e-commerce company to disclose the following information on their
platform, e.g.
1) Legal name of
e-commerce company.
2) The geographical
location of the e-commerce company i.e. the address of the company's
headquarters and all branches.
3) The name of the
company's website and its details.
vi) Detailed
information of the company's customer care and grievance redressal officer, such
as providing their email address, fax number, landline or mobile number have to
be provided.
vii) In the case of
e-commerce companies, it is important to comply with Section 79 of the
Information Technology Act, which is an important step because in many cases
e-commerce companies try to get rid of their responsibilities by referring to section
79 of the Information Technology Act and in that case, in absence of any
specific laws to cover the same, it was quite difficult to take any action
against them.
viii) No seller will
refuse to refund any products or services sold through the e-commerce entity
Marketplace or disclaim any obligation to provide any products or services that
we purchase or agree to purchase or the seller or service provider will not
refuse to refund for any product or service purchased, if it is found defective.
Even if a product or service is delivered after a certain period of time, the
seller or service provider will be obliged to refund the money. It is stated
that if a product or service is delivered after a certain period of time due to
a natural disaster, this bye-law shall not apply.
ix) This rule also
separates the platforms in the following ways –
(a) E-commerce entity
(b) E-commerce entities
marketplaces
x) Rule number 6
clearly states the responsibilities of sellers in the online marketplace
and
in terms of how the various rules will be applied, Rule 8 states that in case
of any violation of any section of this rule, appropriate action will be taken
as per Consumer Protection Act 2019.
In my view, the above
law, however, is not a complete code for the jurisdiction of e-commerce
activities but it does have a protection for online consumers in India.
If you want to know
more about Consumer Affairs or Consumer Protection Act 2019 and e-Commerce
Consumer Protection Rules, 2020, a mobile app can be found in the Google Play
Store, the link of which is given below, you may read in detail –
Mobile App on Latest Consumer Laws and E-Commerce Rule in India
Please
do not take this blog post as a legal opinion and this post is written just to
make people aware. Kindly read Consumer Protection Act, 2019 and Consumer
Protection (e-commerce) Rules, 2020 and the other related rules for proper
enlightenment.
By writing every blog-post in this blog I am not in any way soliciting
work and advertising and by accessing, opening and reading this post the
readers should understand that:
The information provided under this website is for informational
purposes only, should not be interpreted as soliciting or advertisement and in cases
where the user has any legal issues, he/she in all cases must seek independent
legal advice.
Noida, India
New Delhi, India
Secunderabad, India
Bengaluru, India
Bengaluru, India
Patiala, India
Patiala, India
Kolkata, India
DAYS
HOURS
MINUTES
SECONDS
In adherence to the rules and regulations of Bar Council of India, this website has been designed only for the purposes of circulation of information and not for the purpose of advertising.
Your use of SoOLEGAL service is completely at your own risk. Readers and Subscribers should seek proper advice from an expert before acting on the information mentioned herein. The content on this website is general information and none of the information contained on the website is in the nature of a legal opinion or otherwise amounts to any legal advice. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk.
SoOLEGAL does not take responsibility for actions of any member registered on the site and is not accountable for any decision taken by the reader on the basis of information/commitment provided by the registered member(s).By clicking on ‘ENTER’, the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
SoOLEGAL Transaction Services Agreement :
By registering yourself with SoOLEGAL, it is understood and agreed by you that the Terms and Conditions under the Transaction Services Terms shall be binding on you at all times during the period of registration and notwithstanding cessation of your registration with SoOLEGAL certain Terms and Conditions shall survive.
"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
|
Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON