Terms and Conditions

These terms and conditions constitute an agreement between you, the Client (“you”/“your”), and The Legal Assistance (“we,” “our,” or “us”). By using the website (www.thelaindia.com), and/or by registering with us, you signify that you agree to these Terms of Use. This includes your consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Additionally, you agree to comply with all applicable laws, which are governed and interpreted by the laws of India.

Please note that we offer the site “AS IS” and without warranties of any kind. If you are registering for an account or using the site on behalf of an individual or entity other than yourself, you represent that you are authorized to accept these Terms of Use on behalf of such individual or entity.

Furthermore, you understand that the specific methods, features, and services offered on www.thelaindia.com may be altered, improved, removed, or adapted at any time, at the sole discretion of The Legal Assistance, without prior notice. If you do not agree with any of these terms, please refrain from using this site.

In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Definitions

In this Agreement, unless the context otherwise requires, the following terms shall have the meanings ascribed to them:

• “Applicable Laws”: Any and all laws, statutes, regulations, rules, orders, judicial interpretations, writs, injunctions, directions, directives, judgments, arbitral awards, decrees, or governmental approvals, as amended, modified, or consolidated over time, that apply to the Parties and the services provided under this Agreement.
• “Agreement/Main Agreement”: This document, along with all recitals, annexures, exhibits, parts, schedules, and policies, as amended, modified, or supplemented from time to time.
• “The Legal Assistance”: Refers to the legal entity providing specialized legal services through skilled lawyers, using its platform to deliver a variety of legal services.
• “Associate”: A lawyer or legal professional who utilizes The Legal Assistance platform to offer legal services to the customers or clients of The Legal Assistance.
• “Authorized Persons”: Individuals authorized by The Legal Assistance to act or represent it in legal, business, or operational matters.
• “Brand Features”: Refers to any and all trade names, trademarks, logos, and other distinctive brand identifiers of The Legal Assistance.
• “The Legal Assistance Officer(s)”: Employees, consultants, advisors, or any personnel employed or authorized by The Legal Assistance to carry out its services and operations.
• “Customer” / “Clients”: An individual or entity who uses or seeks to use the services of The Legal Assistance or the services provided by an Associate through the Platform.
• “Confidential Information”: Information shared by The Legal Assistance or the Client under this Agreement that is considered confidential. This includes, but is not limited to, customer data, case history, and other sensitive information. However, it does not include information that:
  (a) was already known to the recipient without violating confidentiality obligations,
  (b) becomes publicly available through no fault of the recipient,
  (c) was independently developed by the recipient, or
  (d) was lawfully disclosed to the recipient by a third party.
• “Services”: A list of legal services provided by The Legal Assistance to its customers and clients, as detailed on the official website.
• “Virtual Platform”: Refers to the integrated online platform, including web services, call centers, technologies, processes, and legal protocols, developed for the virtual delivery of legal services. This includes all variants, editions, and add-ons to such platform.
• “Required Documents”: All materials, documents, licenses, permissions, and other similar items necessary for the provision of services by Associates.
• “Regulatory Bodies”: Public authorities or governmental bodies as recognized and notified by the Government from time to time.
• “The Legal Assistance SPOC (Single Point of Contact)”: The designated individual or representative at The Legal Assistance who serves as the primary point of contact for Associates to resolve issues or queries.

General Terms:

Disclaimer of Responsibility for Associate Services: www.thelaindia.com is not directly or indirectly responsible for the advice and assistance provided by the Associates. We offer a technology-powered integrated platform that facilitates connections between clients and Associates. The Legal Assistance has no control over the services provided by the Associates, and shall bear no responsibility for any discrepancies or issues related to the services provided by the Associates.

Representation by the Associate: The Associate has represented to The Legal Assistance that they are engaged in providing legal services, including but not limited to advisory, consultancy, and other related services, and that they have the requisite ability to perform the Services as agreed between the parties. Based on these representations, The Legal Assistance shall authorize and provide the Associate access to the Platform, and the Associate shall provide legal services to The Legal Assistance’s Clients as per the agreed terms.

Information for Informational Purposes: All materials and information available on the Website are provided solely for informational purposes and may not reflect the most current legal developments or variations in the law across different jurisdictions. The information presented on the Website does not necessarily represent the views or opinions of the Associates of The Legal Assistance or its affiliates. The receipt of an email or a post on the Website does not establish a lawyer-client relationship. The Associate is solely responsible for providing its services to you, and you agree that The Legal Assistance shall not be held liable for any damages, costs, or claims arising out of or related to your use of such services, including claims based on malpractice. Any claims related to services provided by the Associate must be directed solely against the Associate.

Multiple Opinions and Legal Advice: The Legal Assistance has a network of multiple Associates for the same practice area. As such, there may be instances where similar questions are answered in different ways by different Associates. The Legal Assistance assumes no liability for differing opinions or responses provided by the Associates and encourages you to seek an additional opinion from your personal lawyer. Alternatively, you are encouraged to make your decision based on the merits and logical conclusions of the different opinions presented.

USING www.thelaindia.com WEBSITE

Eligibility: All users of www.thelaindia.com must be eighteen (18) years of age or older. In the case of minor clients (under eighteen), a parent or legal guardian must accept this Agreement on behalf of the minor and guide all consultations under the services offered. The user assumes full responsibility for ensuring the accuracy of any information submitted. The Legal Assistance shall not be responsible for validating the information provided by the client in connection with the services, regarding content, correctness, or usability. To provide the best possible service, we may request additional information as needed.

How It Works: When you select a service from The Legal Assistance platform, you will be redirected to the Associate’s portal, where you can choose an Associate based on their expertise and portfolio. An Associate will be assigned to you, and you can discuss your legal requirements directly with them. If necessary, you will be required to submit the relevant documents for the consultation. The fee you pay is directed to the Associate. Payment for the service covers the scope defined for that particular booking, and post-consultation, you may choose to engage the Associate directly for any further services you wish to avail. The Legal Assistance is not responsible, directly or indirectly, for the consultation or assistance provided by the Associates. Once the payment is made and the booking is confirmed, you will receive an email, SMS, or phone confirmation. We do not solicit, endorse, or promote any individual listed on the website. We are not liable for any decisions or actions taken by you based on the information provided.

Independence of Lawyers: By using the platform, you understand that the Associates who participate on www.thelaindia.com are independent professionals and are neither employed by nor agents of The Legal Assistance. While The Legal Assistance requires Associates to provide basic information about themselves, such as the jurisdictions in which they are licensed, their years of experience, and their areas of expertise, we do not independently verify this information. Therefore, The Legal Assistance makes no representations or warranties regarding the qualifications of any Associate. Listing an Associate on this site or any answers provided by an Associate do not constitute an endorsement, recommendation, or referral. We encourage all users to perform their own due diligence and investigation concerning the qualifications of any Associate they choose to engage. We do not guarantee that the quality of the professional services provided by any Associate will be superior to those provided by other professionals. We strongly advise potential clients to independently evaluate and assess any Associate they consider engaging.

TERMS OF USAGE:

Eligibility and Authority: You represent and warrant that you are at least eighteen (18) years of age, and that you have the legal right and ability to enter into agreements pertaining to these Terms of Use. By registering on www.thelaindia.com, you agree to abide by the obligations outlined in these terms.

Account Responsibility: You are solely responsible for maintaining the confidentiality of your account and any activities carried out under your user ID and password. No party has the authority to act as an agent or create any obligation on behalf of the other party unless expressly stated.

Electronic Agreement: By using this site and/or registering for the services, you electronically consent to these Terms of Use and agree to enter into agreements with us electronically.

Permissible Use: You are permitted to use the site solely for finding a lawyer to perform services related to your legal issues and to obtain general information about similar cases. You are not allowed to access or use the site for data mining or content extraction beyond personal use. Unauthorized activities, including manipulating content or disguising its origin, are strictly prohibited. You also agree not to harm minors in any way.

Accuracy of Information: You agree to provide true, accurate, current, and complete information when submitting any details through the site. If the information provided is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access to the site and its services.

Content Screening: While we may not pre-screen all content, we, at our sole discretion, reserve the right to refuse or remove content that violates these terms or is deemed objectionable. This includes any content that infringes on this agreement.

Lawyer-Client Relationship: The decision to form a lawyer-client relationship is solely between you and the Associate. It is recommended that you seek advice from multiple Associates to ensure compliance with any applicable deadlines regarding your query or problem.

User Profile: Your profile is created to store records of your consultations, including the history of your legal queries. You agree to provide accurate information to help us serve you better and to periodically update your profile as necessary. www.thelaindia.com reserves the right to maintain, delete, or destroy records according to internal retention or destruction policies.

Supplementary Communication: With your consent, www.thelaindia.com may send newsletters or other informational communications related to your legal queries or the services we offer. These communications are for educational and informational purposes only and should not be relied upon as a substitute for personalized legal advice.

We are not responsible for content provided outside of the www.thelaindia.com website. External links or content that you may access through the site are not controlled by us, and we do not endorse or take responsibility for the content provided on third-party websites.

Protection of Proprietary Information:

Intellectual Property Rights: You agree that the Services, including all software, information (both electronic and printed), and content provided by www.thelaindia.com, are the proprietary property of www.thelaindia.com and are protected by trademark laws and other intellectual property rights. These materials may only be used or accessed as specifically authorized in this Agreement.

Restrictions on Use: You agree not to:

1. 1. Store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, or attempt to discover the programming code or source code used with the Services.
   2. Transfer any rights in the Services (including software, design, and content), create derivative works, or exploit the Services in any commercial manner, whether in whole or in part. Violating these intellectual property protections will result in prosecution under Indian laws and bylaws. www.thelaindia.com has sole discretion in determining violations.

Ownership and Rights: With the exception of your case records, www.thelaindia.com retains all rights, titles, and interests in the content, products, documentation, software, and other materials on the website, as well as any intellectual property or proprietary rights associated with them.

Copyright Infringement: If you believe any content on the website infringes your copyright, you may contact us to request removal of the materials.

Submissions: By submitting comments, suggestions, or materials to www.thelaindia.com, you assign all rights to such submissions to us. We have the right to use, reproduce, disclose, and distribute these submissions without compensation to you.

Prohibited Actions: You may not:

1. 1. Copy, print (except for limited purposes), republish, display, transmit, distribute, or sell any part of the site or its content without express permission.
   2. Use the site’s materials to develop commercial information storage and retrieval systems.
   3. Create derivative works of the site’s content.
   4. Use the site in a manner that infringes upon intellectual property rights.
   5. Remove or obscure any proprietary notices or terms of use on the site.
   6. Use the site through any sharing or service bureau systems without our written consent.

Disclaimer of Warranties:

Use at Your Own Risk: You expressly agree that your use of the site is at your sole risk. The site and all content and services are provided on an “AS IS” and “AS AVAILABLE” basis.

No Warranties: To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the results you achieve by using the site or forming a relationship with an Associate will meet your expectations or that you will obtain favorable results from the Associate.

Material Download: Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or data loss resulting from the download of such materials.

No Additional Warranties: No oral or written information obtained from us or through the site creates a warranty not expressly stated in this Agreement.

Limitation of Liability:

Exclusion of Damages: You expressly understand and agree that we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

1. 1. (i) The use or inability to use the site.
   2. (ii) The cost of procuring substitute goods or services due to any goods, data, information, or services purchased or obtained or transactions entered into through or from the site.
   3. (iii) Invalid destinations, transmission errors, or unauthorized access to or alteration of your data or transmissions.
   4. (iv) Statements or conduct of any third party on the site.
   5. (v) Your failure to receive any third-party services or products requested through the site.
   6. (vi) Any other matter relating to the site.

Special Damages: In no event shall we be liable for special, punitive, indirect, incidental, or consequential damages, including personal injury, wrongful death, loss of use, loss of profits, interruption of service, or loss of data. This applies regardless of the legal theory under which the claim arises (whether contract, tort, negligence, or otherwise) and even if advised of the likelihood of such damages. Certain jurisdictions may restrict some of the above limitations; in those cases, the limitations may not apply.

Exclusions and Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

Indemnification:

Indemnity Agreement: You agree to defend, indemnify, and hold harmless www.thelaindia.com, its affiliates, officers, employees, and agents from any claims, demands, liabilities, losses, and expenses (including lawyer’s fees) arising out of or in connection with:

1. 1. Your use of the Services.
   2. Any violation of this Agreement.
   3. Any infringement of intellectual property or other proprietary rights by you or anyone using the service under your account.

Failure to Provide Assurance: If www.thelaindia.com is threatened with a lawsuit by a third party, we may request written assurances from you regarding your indemnity obligations. Failure to provide such assurances may result in the deactivation of your service(s).

Liability Exclusions: Under no circumstances, including negligence, will www.thelaindia.com or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of, or inability to use, the services. This includes mistakes, omissions, interruptions, errors, delays, or any failure in performance, including acts of God, communication failure, theft, or unauthorized access to records or programs.

Third-Party Protection:

The indemnification and disclaimer provisions above benefit www.thelaindia.com and its affiliates. Each of these parties has the right to enforce these provisions directly against you.

Jurisdiction:

Governing Law: This Agreement is governed by the laws of the Republic of India, and any disputes will be subject to the jurisdiction of the appropriate courts in Mumbai, India.

Waiver of Jury Trial: Both parties waive the right to a jury trial for any dispute arising from this Agreement or your use of the website and services.

Right to Modify Terms of Service:

We may amend these Terms of Service at any time without notice. It is your responsibility to regularly review the latest version of these Terms on our website. Any changes will become effective immediately upon release. By continuing to use the services, you accept the revised terms.

Assignment:

We may assign this contract to any affiliated company or entity, and you will be notified of any ownership changes via the site. You may not assign, transfer, or sublicense these Terms without our prior written consent.

Entire Agreement:

This Agreement, along with the Privacy Policy, constitutes the entire understanding between you and www.thelaindia.com. It supersedes all prior communications related to this subject.

Refund Policy:

Eligibility for Refund: Refunds will only be considered if The Legal Assistance denies the agreed service for reasons like changes in law, regulation, or order. Refunds are solely at the discretion of The Legal Assistance and will be granted if the service provided is clearly deficient.

Refund Conditions:

1. 1. Refund requests will not be entertained if the client changes their mind.
   2. Refunds are not possible once documents have been shared, but clients may use their payment for future services within a set period.

Refund Processing: If a refund is approved, it will be processed within 30 business days and credited to the client’s account.

Cancellation Policy:

Cancellation Procedure:

1. 1. Clients must notify customer care for changes or cancellations. If no response is received from the client, the appointment will be deemed cancelled.
   2. The client can change the appointment up to three times.
   3. Failure to respond to customer care after multiple attempts will result in appointment cancellation.

Non-responsibility for Cancellation: If a client fails to respond or accept an alternate slot, the appointment is considered cancelled, and no further claims will be entertained.