LQ Global Services Private Limited, Delhi is the owner of the brand name Legitquest (hereinafter referred to as ‘LQ’). LQ is a resource for the public and other stakeholders of judiciary. These terms and conditions are a contract (“Agreement”) between you (“Licensee, its “partners”, “Associates”, “Agents”) and LQ Global Services Private Limited (“Licensor”, “we”, “us”), applicable when you use the content, services, products accessible through a website (“LQ Services”) and/or mobile applications (“LQ Services”).
USE OF LQ SERVICES
Services of LQ shall only be used if you can form a binding contract with LQ in compliance with all applicable local and international laws. The LQ Services are not available to users who have been removed by LQ for any reason whatsoever.
- On the payment of the subscription fees (“License Fee”) in the amount(s) indicated on the Legitquest website, the user will be entitled to use LQ Services, a non-exclusive, limited, non- transferable, worldwide license to access and use the LQ Services.
- Authorized users are permitted to use LQ Services and the subscriber shall not, and shall ensure that its personnel, do not share passwords or access to use LQ Services except to the extent expressly permitted by LQ.
- The License Fee paid is non-refundable. The License fee does not include any applicable taxes or duties that may be imposed and/or subsequently imposed by the taxing authority. These taxes/duties shall be borne by the Licensee.
- Term. LQ will provide LQ Services commencing on the Effective Date of subscription services till the term of the agreement.
- Termination. LQ in their sole discretion can terminate the License in the violation of all or any of these conditions: (a) Licensee’s material breach of the Agreement, (b) Non-Payment of License Fee, (c) Any of the breach of the Access and Usage Restrictions of LQ. (Refer 2)
- Trial Services. LQ offers free Trial services to potential subscribers. While on Trial services you are authorized to use one or more LQ services for a limited period of time, determined from time to time by the LQ Management team. Trial services are subject to the same terms and conditions as Subscribers.
- Free Services
Subject to the terms and Conditions of this binding agreement, you will be entitled to use LQ Services, a non-exclusive, limited, non- transferable, worldwide license. LQ has the right to terminate this license at any time for any or no reason whatsoever.
ACCESS AND USAGE RESTRICTIONS
- LQ reserves the right to revoke, terminate or suspend, without notice, any user’s access on any violation or suspected violation of the Terms of Services.
- Trial Services and Free users shall not disclose their LQ user name and/or password to anyone.
- Prohibition. You will not engage in bulk downloading or automated scraping of the materials of any of the LQ services/materials including the content available.
- You will not violate the security measures LQ may use to prevent or restrict access, use of copying of LQ Services.
- All right, title and interest in and to LQ Services (which includes all materials displayed on the website, mobile applications, features, logos, text, graphics and others which are periodically updated and changed, excluding content which is a publicly available like judicial cases, statutes, rules and regulations) are and will remain the exclusive property of LQ.
- LQ services are protected by trademark and copyright laws of India and Foreign countries. Except as expressly provided herein, nothing shall be deemed to create a license in or under any such intellectual property rights.
- All reasonable care has been taken to ensure accuracy, authenticity and the quality of database, LQ shall not be liable in any manner for any omission or mistake of database or will not be held directly, indirectly or incidentally liable for any advice rendered, consequential loss, profit loss, reducing revenues, increase in management time, loss of data or goodwill. You acknowledge and agree that LQ Services are a medium of rendering services and LQ acts as a reference aid and is in no manner whatsoever substituting the professional judgment of the User. There should be an independent verification in case the database is used for making commercial decisions.
- All content provided by LQ should not be taken as professional advice. We do not review LQ Services for legal sufficiency, we draw no conclusions by applying the law or facts to any given circumstance or situation you may encounter. We are not regulated by any Bar Council as we do not provide legal advice and are not engaging in practice of law.
This agreement may be revised time to time. You will always be provided with the current version.
- LQ may modify, add or remove any feature(s), database from time to time at its sole discretion.
- If you do not agree to these terms or the new terms which may be incorporated from time to time, please stop using LQ Services.
INFORMATION PRACTICES AND SECURITY.
Additionally, by using the LQ Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the LQ Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
THIRD PARTY INTERACTIONS AND LINKS TO OTHER SITES
You shall abide by all applicable laws and regulations regarding your use of the LQ Service. In using the LQ Service, you will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information in violation of export control laws or regulations of the Indian Government or of any country within whose jurisdiction you operate or do business. LQ and its licensors make no representation that the LQ Service is appropriate or available for use in any location. The LQ Service is controlled and operated from within India. LQ makes no representations that materials contained within the LQ Service are appropriate or available for use in other locations, and access to the LQ Service from locations where such activity is illegal is prohibited. Those who choose to use the LQ Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
By providing India your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Account Settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
THIRD-PARTY ACCOUNT USE FOR SIGN-INS
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL LQ OR ANY THIRD PARTY WHO MAKES ITS CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LQ SERVICE BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE LQ SERVICE OR SUCH THIRD PARTY CONTENT. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, NEITHER LQ NOR ANY THIRD PARTY CONTENT PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF LQ AND/OR A THIRD PARTY CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LQ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LQ SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE LQ SERVICE. IN NO EVENT SHALL LQ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LQ HEREUNDER IN THE PRECEEDING TWELVE (12) MONTHS.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LQ SERVICE AND ALL THIRD PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LQ SERVICE, FROM INABILITY TO USE THE LQ SERVICE AND ALL THIRD PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LQ SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LQ SERVICE AND ALL THIRD PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LQ SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE LQ SERVICE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and LQ agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to LQ. LQ’s address for such notices is LQ Global Services Private Limited., A-149, LGF, Defence Colony, New Delhi India 110024; Attention: Legal.
- Binding Arbitration.If you and LQ are unable to resolve a Dispute through informal negotiations, all claims arising from use of the LQ Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT. The arbitration will be commenced and conducted in accordance with the provisions of Arbitration and Conciliation Act 1996. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and LQ may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Exceptions to Alternative Dispute Resolution. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in an exclusive jurisdiction of Delhi Courts with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
- Location of Arbitration. Arbitration will take place in New Delhi, India. You and LQ agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Delhi Courts will have exclusive jurisdiction and you and LQ agree to submit to the personal jurisdiction of such courts.
You agree to defend, indemnify and hold harmless LQ and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the LQ Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Proprietary Information; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the LQ Service with your unique username, password or other appropriate security code.
ASSIGNMENT OF TERMS
Neither party may assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of the other party. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Notwithstanding the foregoing, either party may assign this Agreement to an Affiliate or to an entity acquiring all or substantially all of the assets or business of such party, upon notice to the other party. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. The term “Affiliate” shall mean, as to a party hereto, any person or entity who directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such party.
- LQ reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C at any time, for any reason or for no reason. We will notify you of any material changes by posting the amended T&C on the LQ Website at www.legitquest.com. You must review these T&C on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop using the LQ Service. Your continued use of the LQ Service following any changes to these T&C indicates your acceptance and agreement to any and all such changes.
- Any notices or other communications permitted or required hereunder, including those regarding modifications to these T&Cs, will be in writing and, given by posting the update to the LQ Website or to the email address you supplied.
- If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
- If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
- If it turns out that a particular term is not enforceable, this will not affect any other terms.
- This Agreement will be governed by and construed in accordance with Indian law. All disputes arising out of this agreement and its terms and conditions or claims arising therefrom will be subject exclusively to the Courts/Tribunals/Forums at New Delhi, India only.