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Robert Barbera, a photojournalist from New York, filed a case of copyright infringement against the very famous Italian brand Versace. The plaintiff alleged that the Defendants used 2 pictures clicked read more
Robert Barbera, a photojournalist from New York, filed a case of copyright infringement against the very famous Italian brand Versace. The plaintiff alleged that the Defendants used 2 pictures clicked by him of celebrity Jennifer Lopez and put it across their Instagram handle without the permission of the plaintiff.
On Monday, Barbera filed a complaint related to the copyright infringement before the New York Federal Court. The complaint stated that the defendant had violated his copyright over the photos in the issue. The matter is about two photos of Jennifer Lopez, which was shot by Robert Barbera. According to him Versace also allegedly removed the name and watermark of the photographer.
This is a case of copyright infringement. Anyone who violates the exclusive rights of the owner, or who imports the copies or phone records is an infringer of copyright. Section 501 to 513 of the U.S. Copyright law says about infringement.
The case is filed on 22nd April 2019. Barbera claims that he owns the authority of copyright on two photos of Jennifer Lopez, which is infringed or violated. One of the photos is signature print mix leggings and silk shirt look with Barocco accent at Video Music Award and another one is belly button silk chiffon green dress at Grammy Award. The plaintiff alleges that Versace used these photos in their Instagram account without his permission. Moreover, the photographs of the signature print received 1,35,994 likes. Barbera also claimed that Versace has intentionally removed the name or copyright management of the photos.
Therefore he prayed before the court to award him a monetary sum of the damages he is sustaining and the profits, privileges Versace received from the publicity through the photos. Barbera expressed another option for a sum of at least 2,500 up to 25,000 dollars for each violation, which may be greater.
Celebrity, publicity, advertisers, paparazzi are related to each other. Everyone from these fields wants to get a reward for their works. The authority of copyright protects the real artist or author of the work. Similar cases have been filed in Courts. In the Same jurisdiction, Xclusive Lee filed a copyright case against Gigi Hadid for posting her own photo without the permission of the photographer. The case was settled out of court.
The US food and beverage giant Pepsico has recently come to the limelight for having sued four Indian farmers for illegally growing a variety of potatoes that are apparently registered by the company read more
The US food and beverage giant Pepsico has recently come to the limelight for having sued four Indian farmers for illegally growing a variety of potatoes that are apparently registered by the company for its exclusive use.
Pepsico India Holdings Pvt. Ltd. moved a commercial court in Ahmedabad claiming damages for the infringement of its rights under Section 64 of the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act) against four farmers belonging to the Aravalli and Sabarkantha villages of Gujarat. According to the claims raised by the US giant, the farmers were illegally growing and selling potatoes of the variety FL 2027, which is a hybrid of the varieties FL 1867 and Wischip. This variety of potatoes are traded in India by the name of FC-5 and had been exclusively registered by the company in 2016 for using them to manufacture the potato chips sold under the brand name of Lays. Under the PPV&FR Act, the company, therefore, remains the registered breeder of this particular variety. It has given out numerous licenses to farmers in Punjab and other states to breed this variety of potatoes. But such licenses have been issued on a system of a buyback.
The company claimed damages of Rupees 1.05 crore each from the four farmers. They found out about this activity in the month of January after which they collected samples of the potatoes and analysed them to verify their type, variety and quality. These samples were sent to the in-house laboratories of Pepsico, the Indian Council of Agricultural Research (ICAR) and the Shimla-based Central Potato Research Institute for DNA analysis.
Based on the evidence, the commercial court was satisfied that the Petitioner has a prima facie case in its favour and consequently directed the farmers to file their replies showing why they have not infringed the rights of the Petitioner. The court also passed a temporary stay order against the farmers from further growing or dealing in the said potatoes.
On the request of the Petitioner, the court appointed a court commissioner to conduct an inquiry into the matter, collect samples and send them to the appropriate research centre for analysis. It further directed the police in the state to provide the court commissioner with protection and conduct videography and photography of the proceedings, lest the farmers dispose of the present batches of potatoes and destroy all evidence. The court will again hear the matter on the 26th of April, 2019.
Another fact that recently came to light is that Pepsico has sued a total of nine farmers for the same reason in the past 2 years. This was followed by a raucous among numerous activists across the country, especially farmers’ rights activists, farmers’ unions and other farmers’ groups. They have launched a campaign to fight against the intimidation caused by Pepsico and other companies of the like. Their basic stance is that the decision of the court may set unfavourable precedent for other variety of crops and damage the rights of the farmers permanently, they have sought protection of the farmers under Section 39 of the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001, which specifically says that a farmer is allowed “to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act” so long as he does not sell “branded seed”.
Yes! If a pregnancy is the result of a failed contraceptive method, it is presumed to constitute a grave injury to the woman’s mental health and can, therefore, be legally terminated. However, the read more
Yes! If a pregnancy is the result of a failed contraceptive method, it
is presumed to constitute a grave injury to the woman’s mental health and can,
therefore, be legally terminated. However, the termination of a pregnancy is
only permitted when the conditions specified in the Medical Termination of
Pregnancy Act, 1971 (MTP Act) have been fulfilled.
In India, poor knowledge about abortion measures often forces teenagers and
married women who can benefit from the provisions under the MTP Act to instead opt for unsafe methods of abortion. There are also
situations where people and doctors confuse the provisions under the MTP Act
and the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT
Act). The former allows termination of pregnancies under certain conditions while
the latter outlaws sex-selective acts of
termination of pregnancy. Lack of in-depth knowledge of these legal provisions
often leaves women believing that they cannot legally terminate an unwanted
pregnancy.
Abortion has been
a very controversial subject in many societies through history on
religious, moral, ethical, practical, and political grounds. Abortion continues
to be banned in 26 countries across the globe, according to the
Guttmacher Institute. Major economies such as Brazil, Mexico, Nigeria,
Indonesia and the UAE are some of the countries that also do not allow abortions
unless it is necessary to save the life of the pregnant woman.
However, 2018 was a glorious year
for women in Ireland as the country voted in a referendum to repeal one of the
world's strictest bans on abortion. Previously, abortion was illegal unless in
the context of a medical emergency to save the mother's life. Hopefully,
Ireland will pave way for other countries to recognise the need for women’s
autonomy in making decisions about their own
body and their sexual and reproductive health.
It is thus heartening to see that Indian laws are not as archaic in
their approach and aim to emancipate its
women-folk. The Supreme Court of India in its decision in the case of Z Vs. The State of Bihar and Ors. (civil appeal no.10463 of2017) clarified that there was no
doubt that a woman's right to make reproductive choices was also a dimension of
"personal liberty" as understood under Article 21 of the Constitution
of India. It was important to recognise that reproductive choices can be
exercised to procreate as well as to abstain from procreating. The crucial
consideration was that a woman's right to privacy, dignity and bodily integrity
have to be respected. This means that there should be no restriction whatsoever
on the exercise of reproductive choices such as a woman's right to refuse
participation in a sexual activity or
alternatively the insistence on the use
of contraceptive methods. The Court further added that women were also free to
choose birth control methods such as undergoing sterilisation procedures. Taken
to their logical conclusion, reproductive rights include a woman's entitlement
to carry a pregnancy to its full term, to give birth and to subsequently raise
children. However, in the case of pregnant women,
there is also a "compelling State interest" in protecting the life of
the prospective child. Therefore, the termination of a pregnancy is only
permitted when the conditions specified in the applicable statute have been
fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable
restrictions that have been placed on the exercise of reproductive choices.
Explaining the provision of the Act, the Court opined that ordinarily a
pregnancy can be terminated only when a medical practitioner is satisfied that
a continuance of the pregnancy would involve risk to the life of the pregnant
woman or of grave injury to her physical or mental health or when there is a
substantial risk that if the child were born, it would suffer from such
physical or mental abnormalities as to be seriously handicapped. While the
satisfaction of one medical practitioner is required for terminating a
pregnancy within twelve weeks of the gestation period, two medical
practitioners must be satisfied with
either of these grounds in order to terminate a pregnancy between twelve to
twenty weeks of the gestation period.
The Court also took note of termination of the pregnancy when the same
is the result of a rape or a failure of birth control methods since both of these eventualities have been equated with a
grave injury to the mental health of a woman. The Court emphasized that in all
such circumstances, the consent of the pregnant woman is an essential
requirement for proceeding with the termination of pregnancy.
So, in a nutshell, a pregnant
woman can seek and receive an abortion up to the twelfth week of the pregnancy
with the opinion of one doctor and up to the twentieth week with the opinion
of two doctors. The doctor must be of the opinion that the continuation of the
pregnancy will involve a risk to the life of the pregnant woman or will be a
grave injury to her physical or mental health. In order to get an abortion
after the twenty-week timeframe has passed, one must go to the High Court or the
Supreme Court, where either severe foetal abnormality or severe risk to the
physical and/or mental health of the pregnant woman will have to be proved to
be granted permission for termination of the pregnancy.
If the pregnancy is the result of rape or is the result of a failed contraceptive method, it is presumed to constitute a grave injury to mental
health. It is important to note that an abortion is only legal if it is carried
out at a hospital established or maintained by the government or a private
practice approved by the government.
Of late it has been seen that many doctors erroneously refuse to carry
out abortions as they are afraid that it may be seen as a sex-selective termination
of pregnancy. Due to friction in the laws concerning abortion and sex-selection
practices, pregnant women and girls who are within the twenty weeks of
gestation, as required by law, are also increasingly being sent to seek
judicial authorization for the medical termination pregnancy, even when it is a
case that meets the requirements of the MTP Act.
Abortion and sex-selection practices are not the same things, and it is important for the public to know the difference so that they are better aware of their rights. Factually,
it is only possible to determine the sex of a foetus after the twelfth week or the
second trimester of pregnancy. This should ideally not interfere with one’s
right to seek an abortion up to the twentieth week of pregnancy. If a doctor
refuses to perform medical termination of pregnancy even when the pregnancy
is within the twenty-week timeframe, one can file an RTI asking why services
were refused or file a petition based on the misuse of legal provisions.
Another important aspect of the MTP Act is ‘Consent’. If a girl is a
minor or in other words under the age of 18 years, then for the termination of
the pregnancy the consent of a guardian (parent/carer) is required. If the
woman is over 18 years of age, she does not require anybody’s consent for
abortion, including that of her husband. Also, one does not have to be married
to seek or receive an abortion.
Studies conducted by the World Health Organization have found that
abortions are one of the safest medical procedures in this day and age, and yet
unsafe abortions in India are the third leading cause of maternal deaths and
cause 8 women to die each day. It is alarming to see that hundreds of thousands
of women die from unsafe and illegal abortions because of no access to quality
and safe abortion services, lack of knowledge or the overdrawn and slow legal
processes. The undue delay and the laches in the law, dearth of registered and trained medical practitioners to
take care of the country’s looming abortion requirements and other such
practical issues concerning the medical termination of pregnancies have often
rendered the provisions of the MTP Act useless.
Another contributing factor to the women resorting to illegal abortions
in India is also the regressive outlook of the society
towards teenage pregnancies, pregnancies before marriage and even abortions in
general. Most teenagers fear their guardians, so much so that it keeps them
from seeking correct medical recourse. Dangers of unsafe medical procedures include
infection, sepsis, heavy bleeding, unsuccessful abortions, and even death. Our mindsets require
sea attitudinal changes and our laws definitely need to be more facilitating. Nevertheless,
women must ensure that they opt for safe and legal methods of terminating
unwanted pregnancies or pregnancies that pose a health risk. Private abortion
providers should be registered, if they are not, they are most certainly
running an illegal establishment, not appropriately trained and therefore
unsafe.
One of the ways in which some of these problems
can be ironed out is to know and to actively spread the word about women’s
health and human rights. Let’s
shout from the rooftops that the Supreme Court of India recognizes women’s
right to reproductive choice as part of the right to personal liberty and that
the decisions around procreation are protected under the right to privacy.
Rights of employer/company against employees? 1. Employer can ask for notice period-Incase notice period is not served by employee, employer can sue employee for recovery of salary of notice period. 2- read more
Rights of employer/company against employees?
It has been observed that some of the law colleges in India are paying lesser amount as salary to their Principals. But keeping it in view the Bar Council of India should mandate to pay the UGC scale. read more
It has been observed that some of the law colleges in India are paying lesser amount as salary to their Principals. But keeping it in view the Bar Council of India should mandate to pay the UGC scale. Non- complaints need to be dealt with sternly.
On 10th April 2019 by The High Court of Delhi at New Delhi, ordered an injunction restraining rogue websites who infringed copyright works of UTV Software Communications & Ors.Eight suits have read more
On 10th April 2019 by The High Court of Delhi at New Delhi, ordered an injunction restraining rogue websites who infringed copyright works of UTV Software Communications & Ors.
Eight suits have been filed by UTV Software Communications & Ors. and Twentieth Century Fox Film Corporation & ORS against 1337X TO and ORS, seeking an injunction restraining copyright infringement. The Defendants are accused of communicating the plaintiffs' original content/cinematographic works without authorization to the public. The Plaintiffs are a mass media conglomerate owned by Walt Disney Co. Ltd India. In this case, thirty websites are arrayed as defendants.
The plaintiffs alleged that the websites of the defendants allow streaming and downloading of copyrighted content of the plaintiffs. The business model of defendants is supported by revenue generated through advertisements, which are displayed on their websites. In connection with Section 65 of The Indian Evidence Act 1872, printouts and screenshots of infringement are gathered as evidence. The Plaintiffs prayed before the court to issue a permanent injunction restraining the defendants. They also made a prayer for an order directing Internet Service Providers to block access to the websites of the Defendants and directing registrar’s of the Defendant websites to disclose all communication details. However, the defendants didn’t the response to the summons and therefore the matter was decided ex parte (one side only). There were learned amicus curiae (friend for the court) for assisting the Court.
This is a case of online piracy which means an infringement of the copyright of a cinematography work in the cyberspace. Both Civil and Criminal remedies are available for the copyright holder. Here the Plaintiffs had applied for civil remedies.
The learned Advocates of Plaintiff supported their claim through various judgements of foreign courts. According to the judgements, most of the sites of Defendants were blocked. The Delhi High Court held that the Defendant-websites are liable for copyright infringement under Section 51 of the Copyright Act. Referring a decision of Singapore High Court, The Hon'ble Delhi Court ordered to block the Defendant-websites. The Court also held that these websites are rogue websites which are engaged in unethical practices.
Cinematography works should get an appropriate reward. Online piracy shrugs the credit of the work. Hence, The Court sought a suggestion of a fine from DOT and MEITY against the users of pirated content.
Patanjali Ayurved Limited (PAL) was established in the year 2006 and is a leading manufacturer and marketer of herbal, nature-based products and herbal medicines under the mark/logo "PATANJALI" in various read more
Patanjali Ayurved Limited (PAL) was established in the year 2006 and is a leading manufacturer and marketer of herbal, nature-based products and herbal medicines under the mark/logo "PATANJALI" in various classes and also in various countries and the mark/logo enjoys Trans-Border reputation and goodwill & the products are available globally through its authorized distribution channels.
It was brought to the knowledge of PAL, that the goods which were meant for the Indian Markets were being illegally exported. This lead to infringing there exclusive right to use the mark/logo under Section 29 (1) & (6) of the Trade Marks Act, 1999. After this, PAL filed complaints with Commissioner of Customs but the Customs Authorities told that the Intellectual Property Rules do not apply to exports and no action can be taken against the same.
After this PAL then filed a complaint against 12 entities in the Delhi High Court seeking an ex-parte ad-interim injunction for export of the goods in the International market, stating that PAL does not have any authorized channel for export and is only done through PAL itself under its IEC No.- 0506062686. PAL also mentioned that the packaging of the products for sale in the Indian markets was completely different from those of the exports. PAL further stated that the products exported by the companies do not comply with legal requirements whereas the PAL's products were according to the standards of the country where the products were being exported leading to a grave risk to the goodwill and reputation of PAL and also put a great impact on the sale of PAL goods.
The companies used the mark/logo of PAL without any license, permission or authority. PAL further mentioned that the goods were tampered or altered by putting stickers of the changed expiration dates which lead to a risk to the quality of the products and also the reputation towards it and also defrauding the general public. This lead to the creation of an unattended grey market which leads PAL to great risks towards the buyers thinking the products to be of PAL.
PAL also mentioned about Section 30(4) of the Trade Marks Act, 1999 which states that if the condition of the goods has been changed or impaired to put in the market, then the Proprietor can oppose the same, so the Court stated that the entities can alter the product but only under the said Section but here attaching the stickers and changing the facts about ingredients lead to material change in the product which attracted the said Section.
Justice Sanjeev Narula in its Order, restrained the respondents from exporting the goods of PAL though they were allowed to sell the goods in the Indian market. The next hearing of this matter is scheduled to take place on May 16, 2019. Justice was served to PAL as it would have caused a great damage/loss if the respondents were not restrained from exporting the said goods.
When I was Chief Justice of the Madras High Court one day I was sitting in my chamber during the lunch interval when 2 senior judges who were known to be very upright, and were sitting on the same bench, read more
When I was Chief Justice of the Madras High Court one day I was sitting in my chamber during the lunch interval when 2 senior judges who were known to be very upright, and were sitting on the same bench, came to meet me.
They were very upset and told me that a leaflet had been distributed in the High Court calling them fools, crooks etc. They showed me a copy of that leaflet, on reading which I started laughing. This made them more angry, and they said " Chief, we have been insulted, but you are laughing ".
At this I replied " Look, you chaps better learn to ignore all this, or you will get blood pressure ". Then I said that either the allegations were true, in which case they deserved the criticism, or they were false, in which case they are best ignored. Since these 2 judges were known to be very upright, the allegations in the leaflet were obviously false. So it was best to ignore them. In a democracy so many things are said, and notice need not be taken of all of them.
I mentioned about an English newspaper ' Daily Mirror ' which called the judges of the House of Lords who gave a certain verdict ( in the Spycatcher case ) ' You fools ', showing their photographs upside down. Mr. Fali Nariman, the eminent Indian lawyer, who was in London at that time, asked Lord Templeman, who was one of the judges on that bench why they did not issue contempt notice to the newspaper. Lord Templeman smiled, and said English judges do not take notice of all this.
After hearing me, the 2 judges, who were earlier furious, began smiling, and they tore up the leaflet and threw it into the waste paper basket.
I told them that this was an occupational hazard for judges, and they should develop a thick skin, otherwise it would impair their health. If they issue a contempt notice the matter would be further aggravated and may drag on for weeks or months, causing further tension to them, but if they do not, the matter would be forgotten the next day.
They took my advice, and the matter was forgotten the next day
THE NEED TO SET UP CVC The Central Vigilance Commission was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, read more
THE
NEED TO SET UP CVC
The Central Vigilance
Commission was set up by the Government in February, 1964 on the
recommendations of the Committee on Prevention of Corruption, headed by Shri K.
Santhanam, to advise and guide Central Government agencies in the field of
vigilance.
CVC is an apex Indian
governmental body. It addresses governmental corruption. In 2003, the
Parliament enacted a law conferring statutory status on the CVC. It
The main purpose for
which this important body had been established was to ensure all sorts of
corruptions in government sector could be well prevented and addressed
minutely.
Central Government of
India formed CVC in the year 1964 as an important body that could take into
account the measures and steps to prevent all the corruptions especially the
governmental ones for a better system and governance.
The Government of India
has authorized the Central Vigilance Commission as the "Designated
Agency" to receive written complaints for disclosure on any allegation of
corruption or misuse of office and recommend appropriate action.
PRESENT
STATUS OF THE CVC
The CVC Bill was passed
by both the houses of Parliament in 2003 and the President gave its assent on September
11, 2003. Thus the Central Vigilance Commission Act 2003 came into effect from
that date.
Before Central
Vigilance Commission can take up investigations into corruption cases against
government officials, it has to be approved by the government. The Central
Vigilance Commission also publishes list of corrupt officials and recommends
punitive action against them.
COMPOSITION OF CVC
[Section
3(1)]
The Commission shall
consist of:
CVC is headed by a
Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.
[Section 10]
The
Vigilance Commissioner shall act as Central Vigilance Commissioner in the
following circumstances:
APPOINTMENT OF CENTRAL VIGILANCE COMMISSIONER
AND VIGILANCE COMMISSIONER
[Section.
3(3) and 4]
The President of India
appoints the Central Vigilance Commissioner and the Vigilance Commissioners on
the recommendation of the Prime Minister, Home Minister and the leader of the
opposition in the Lok Sabha.
The Central Vigilance Commissioner and the
Vigilance Commissioners shall be appointed from amongst persons—
·
an All-India Service;
·
any civil service of the Union;
·
a civil post under the Union;
A Secretary shall be appointed to the Commission on terms and conditions
to exercise such powers and discharge such duties as the Commission may by
regulations specify in this behalf.
REMOVAL OF CENTRAL VIGILANCE COMMISSIONER
AND VIGILANCE COMMISSIONER
[Section
6]
Any Vigilance
Commissioner can be removed from his office only by order of the President on the
ground of proved misbehavior or incapacity after the Supreme Court has
been referred the matter and an inquiry is conducted. The result of the inquiry
is such that the Central Vigilance Commissioner or any Vigilance Commissioner
needs to be removed.
The President may suspend
from office, and if deem necessary prohibit also from attending the office
during inquiry, the Central Vigilance Commissioner or any Vigilance
Commissioner in respect of whom a reference has been made to the Supreme Court until
the President has passed orders on receipt of the report of the Supreme Court
on such reference.
The President may, by order, remove Central
Vigilance Commissioner or any Vigilance Commissioner from office if such person
·
is adjudged an insolvent;
·
has been convicted of an offence
which, in the opinion of the Central Government, involves moral turpitude;
·
during his term of office engages
in any paid employment outside the duties of his office;
·
is, in the opinion of the President, unfit
to continue in office by reason of infirmity of mind or body;
has acquired financial or other interest
as is likely to affect prejudicially his functions.
FUNCTIONS OF CVC
[Section
8]
Main functions include
technical audit of construction works of governmental organizations from a
vigilance angle, investigation of specific cases of complaints relating to
construction works and assisting CBI in its investigations involving technical
matters.
IN
REFERENCE TO |
FUNCTIONS |
|||
The Central Government, corporations established by or under
|
1.
advice on such matters as may be referred to it 2.
exercise superintendence over the
vigilance administration of their various Ministries. |
|||
Offences under the Prevention of Corruption Act, 1988,
or CrPC, 1973 |
|
|||
Other functions |
|
|||
PROCEEDINGS
OF CVC
[Section 9]
The
Commission shall be deemed to be a civil court. Every proceeding before the
Commission shall be deemed to be a judicial proceeding. Hence the Commission
has the power to
1.
summon and enforce the
attendance of any person;
2.
require discovery and
production of any document;
3.
receive evidence on
affidavits;
4.
requisition any public
record or a copy from court;
5.
issue commissions for
examination of witnesses etc.
The
proceedings of the Commission shall be conducted at its headquarters.
The
Commission shall abide by the rules of procedure in regard to the transaction
of the business as provided by regulations.
If
the Central Vigilance Commissioner is for any reason unable to attend any
meeting of the Commission, the senior most Vigilance Commissioner present at
the meeting, shall preside at the meeting.
No
act or proceeding of the Commission shall be invalid merely by reason of-
1.
any vacancy in, or any
defect in the constitution of, the Commission; or
2.
any defect in the
appointment of a person acting as the Central Vigilance Commissioner or as a
Vigilance Commissioner; or
3.
any irregularity in
the procedure of the Commission not affecting the merits of the case.
IS CVC A POWERLESS
AGENCY?
The CVC is not an
investigating agency. The only investigation carried out by the CVC is that of
examining Civil Works of the Government which is done.
There are certain
limitations to CVC. These are
As a result, although
CVC is relatively independent in its functioning, it has neither resources nor
powers to inquire and take action on complaints of corruption that may act as
an effective deterrence against corruption.
Hence, CVC is often considered a powerless agency as it is treated as an advisory body only with no power to register criminal case against government officials or direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above.
The income tax department (IT) is always facing pressure from the government to enhance collections so that the financial deficit running in billions of Rupees can be trimmed. Therefore, it keeps coming read more
The income tax department (IT) is always facing pressure from the government to enhance collections so that the financial deficit running in billions of Rupees can be trimmed. Therefore, it keeps coming up with some or the other new tricks up its sleeve.
Now, the tax sleuths are getting ready to crack whip on the tax defaulters to recuperate tax payments due from them.
In order to accomplish the targeted tax collections – IT is channelizing its troops to maximize the recovery of tax collections via deducting the monies due directly from the tax defaulters’ bank accounts.
Recovery of recovering outstanding taxes gets multiplied with the fact that the central government is taking a “generous approach” in relation to Goods and Services Tax collections as most of small/medium scale companies are already reeling under the financial burden.
As per the existing laws, IT has the authority to attach the bank account of a tax defaulter and order the banks to deposit the tax dues into IT designated bank account.
With the inception of special provision in tax laws, IT will be competent to directly deduct the tax dues from tax payers’ banks/debtors. IT was forced to invoke this special provision to amass the tax dues as the tax payers’ banks/debtors failed to acknowledge/respond to tax notices issued to them by IT.
Notices were also sent to debtors of companies directing them to channelize the (dues owed to the companies) to the IT department bank account rather than paying dues to the companies.
Taking cognizance of the notices, it is the duty of banks to deduct the tax amounts from the tax payer bank account and credit such amount directly into IT bank account – however, Banks/debtors inability to respond to tax notices is the primary reason for the existing course of action taken by IT.
IT is employing a twin strategy for tax collections – Directly deducting tax dues from tax payer bank account via freezing the account/ Procurement of tax dues from the taxpayer’s debtors.
It is first time that the debtors are being issued notices by the IT - as a consequence, the reputation of many companies/persons is at stake. Initiation of the garnishee proceedings will certainly jeopardize the reputation/business of tax defaulters causing considerably financial/business loss.
Pursuant to the authority conferred on IT by Section 226(3) of the Income Act - Notices of garnishee proceedings are issued to banks and debtors of tax defaulters.
Taxpayers should realize the implications of the non-payment of tax on the reputation and business of persons/companies. Defaulting taxpayers may find it very tough to get away from the radar of IT as IT is fully equipped with right tools to hunt down the tax evaders and recuperation the tax dues from the tax defaulters.
It is high time for taxpayers to pay all tax dues within the prescribed time to escape the prospect of tax collection directly from taxpayer bank account/debtors, given the new drive.
Noida, India
New Delhi, India
Secunderabad, India
Bengaluru, India
Bengaluru, India
Patiala, India
Patiala, India
Kolkata, India
DAYS
HOURS
MINUTES
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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
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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