Terms and conditions

 

By accessing this website (including extensions thereof), you (which term includes the Licensee of any of the Product(s) as well as the individual accessing the website) agree to be bound by these Terms and Conditions of use of Use of the website (“ToU”). These ToU include the terms and conditions set forth herein and any other terms incorporated by reference herein. If you do not agree to the terms of these ToU, you must immediately stop use of this website.

 

1. PERMITTED USE

 

The following use of the Product(s) is permitted, subject to your having obtained a valid licence for access and use of such Product(s) or being validly authorised to use such Product by the Licensee:-

(i) to view the Product(s) on a personal computer or other compatible electronic device;

(ii) to manually search the database of the Product(s) through the search features, if any, provided on the Product(s) and view an archival history of the searches made by the User;

(iii) to bookmark individual Documents for future reference on the suitable functionality provided by the Product(s), if any;

(iv) to share individual Documents with other permitted Users only through suitable functionality provided by the Product(s), if any; and

(v) Notwithstanding anything contained in paragraph 2 below, to reproduce, quote and excerpt insignificant portions of the contents of the Product(s) in your work product, in accordance with applicable law, and provided that suitable acknowledgment of Legatax as source and copyright holder is given.

 

2. PROHIBITED USE

 

(a) The following acts in relation to the Product(s) are prohibited:-

(i) to copy, download, screen capture, reproduce, duplicate, save, store, publish, transmit, transfer, broadcast, sub-licence, distribute, sell, exploit or otherwise use the contents forming part of the Product(s) or any part thereof in any form or by any means; 

(ii) to take print-outs of, e-mail, fax or transmit by any other mode of communication the contents forming part of the Product(s) or any part thereof except to the extent permitted from time to time;

(iii) to re-use, reproduce, edit, alter, enhance or tamper with, decompile, reverse engineer, disassemble, attempt to discern the source code of the Website or the Product(s) or modify or interfere in any way with the same or the contents forming part of the Product(s) or any part thereof; 

(iv) to combine the whole or any part of the contents forming part of the Product(s) with any other software, data or material; 

(v) to create derivative works from the whole or any part of the contents forming part of the Product(s) or modify or incorporate them in any other work, publication or website, whether in hard copy or electronic format;

(vi) to sell, licence or distribute the contents forming part of the Product(s) or any part thereof to any Person;

(vii) to do any act which is inconsistent with or exploitative of any intellectual property or goodwill of Legatax, its Affiliates and/or the Third Party Licensors;

(viii) to delete, remove, deface, cover or hide any copyright, trade mark or other intellectual property notices or marks contained in the Product(s); or

(ix) use of the Product(s) through mechanical, programmatic, robotic, scripted or any other automated means.

 

(b) You shall promptly inform Legatax if you become aware of:- 

(i) any unauthorised use of the Product(s); 

(ii) any actual, threatened, or suspected infringement of any intellectual property of Legatax and/or its affiliates; and 

(iii) any claim by any Person that the Product(s) infringes the intellectual property or other rights of any Person.

 

(c) You shall further, at the request and expense of Legatax, do all such things as may be reasonably required to assist Legatax in taking or resisting proceedings in relation to any infringement or claim in relation to the intellectual property of Legatax and in maintaining the validity and enforceability of the intellectual property of Legatax and/or its affiliates in the Product(s).

 

3. USERNAME AND PASSWORD

 

(a) Upon grant of the licence to the Licensee to access and use the Product(s), the Licensee’s access to the Product shall be authenticated by (i) a Username and Password (“Username and Password”), and/or (ii) the Licensee(s)’s IP address(es). The Licensee(s) shall be solely responsible for all access and use of the Product via its Username and Password and the designated IP address(es), whether or not the Licensee(s) has knowledge of or has authorised such access and use, and for maintaining confidentiality and security of such Username and Password.

 

(b) The access and use of the Product(s) may be withdrawn / terminated by Legatax, at its option, in case there is a breach of the ToU, including unauthorised use, by the Licensee(s). Thereupon, (i) the Licensee’s right to use the Product(s) shall immediately cease, (ii) the Username and Password shall be disabled, and/or (iii) the Licensee’s access shall be withdrawn/ suspended.

 

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

(a) The contents of the Product(s) (including answers to questions) furnish only general information and are not intended to be advice, legal or otherwise, on any particular matter. They are based on the existing cases which are liable to be overruled by higher judicial forums or legislative amendments. You should seek appropriate professional advice before acting on the basis of any information contained in the Product(s).

 

(b) The Product(s) are provided on an “as is” and “as applicable” basis and Legatax disclaims, to the fullest extent permissible, warranties of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, non-infringement, omissions, completeness, updation and delays.

 

(c) Legatax, its officers, directors, employees, subcontractors, agents, successors and assign, shall not be liable for and disclaim all responsibility for any injury, liability, damages (whether special, indirect, incidental, exemplary, or consequential damages of any kind whatsoever), loss of revenue, business, anticipated savings or profits, goodwill or data resulting from and arising out of, or any way related to:

(i) any errors in or omissions from any of the Product(s) and/or their content, including but not limited to technical inaccuracies and typographical errors;

(ii) the unavailability of Website or any portion thereof or your inability to access and use the Product(s);

(iii) loss of any data, bookmarks, etc. stored on the Product(s);

(iv) your use of the Product(s); or

(v) your inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely in reliance on the Product(s).

 

(d) Legatax and/or its Affiliates make no warranty that:

(i) the contents of the Product(s) are completely error-free and accurate or the servers that host the Product(s) are free of viruses or harmful components,

(ii) the Product(s) will meet your requirements,

(iii) the specially developed features of the Product(s), including search features, search archives and retrieval features, bookmarks and such other features, functionalities and material shall be available at all times,

(iv) access to the Product(s) will be uninterrupted, timely, secure, or error-free,

(v) the information that may be obtained from the use of the Product(s) will be accurate or reliable,

(vi) the quality of any information or other material obtained through the Product(s) will meet your expectations.

 

(e) Provision of the Product(s) entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data or damage to media and neither Legatax, its Affiliates nor the Third Party Licensors shall have any liability in this regard.

 

(f) Some systems/software may not be capable of supporting the Product(s) and you acknowledge that:-

(i) appropriate investigations into the necessary systems/software required to support your use of the Product(s) have been made; and 

(ii) that performance of the Product(s) may vary with equipment and telecommunications links with which it is used.

 

(g) Legatax shall have no liability whatsoever to you for any claims relating in any manner whatsoever to any Third Party Material. Copyright of the Third Party Material would remain exclusively with the Third Party Licensors. Legatax shall not be responsible for any mistakes which might appear in the contents of such Third Party Material. Third party contents may also be accessible via hyperlinks from the Website and Legatax does not claim any copyright on the contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein.

 

(h) Notwithstanding anything contained in the ToU, Legatax shall not be responsible for delays or failures in performance of the Product(s) due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, failure of internet gateways, industrial or labour dispute, inability to obtain essential supplies and the like.

 

(i) Legatax accepts advertising material sent by third parties for display on the Website/Product(s). Advertisers are responsible for ensuring that the material submitted by them complies with applicable law. Legatax disclaims any liability as to the contents of such advertising material. Legatax reserves the right to change, suspend or omit any advertisement at its absolute discretion.

 

5. PRIVACY POLICY

 

(A) Information

 

(a) Legatax automatically receives and records information on its server logs from your browser including your IP address, password, Legatax cookie information and the page you requested.

 

(b) Legatax collects information regarding your IP address and password from you upon your logging on to this website for the purposes of authenticating your access to the Product(s).

 

(c) Legatax does not share or disclose or use any information collected, except:

(i) with your consent to share the information;

(ii) to provide the product(s) or service(s) you have requested;

(iii) to send the information to companies who work on behalf of Legatax to provide product(s) or service(s) to you;

(iv) as required or permitted under applicable law;

(v) in response to court orders or legal process; or

(vi) to protect and defend the rights or property of Legatax or to enforce the ToU.

 

(d) Legatax uses all reasonable security measures for protection of your personal data collected.

 

(B) Usage monitor

 

Legatax or its information technology partners/ service providers may monitor your usage of the Product(s), including but not limited to number and type of prints, views, searches, number of sequential views, etc. The purpose of monitoring such usage is to ensure the security of the Product(s) and to prevent unauthorized use thereof. Legatax does not share or use the information collected, except in the cases mentioned in paragraphs 5(A)(b) and 5(A)(c) above.

 

(C) Cookies

 

(a) Legatax may set and access cookies on your computer.

 

(b) A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Each web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.

 

(c) You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you may not be able to use the Product(s) which requires you to "sign in".

 

(d) Legatax uses its own cookies for a number of purposes, including to:

(i) Keep track of preferences you specify while you are using Legatax's services;

(ii) Estimate and report total traffic to the Website;

(iii) Conduct research to improve Legatax's content and services.

 

(e) Legatax may allow other companies that are presenting advertisements on the Product(s) to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies and advertisers or other companies do not have access to Legatax's cookies.

 

6. RIGHTS IN THE PRODUCT(S)

 

(a) All right, title and interest (including copyrights, trademarks and other intellectual property rights) in the Product(s) (including, without limitation, in the contents forming part of the Product(s) and the specially developed search features), in all formats, adaptations and media throughout the world, vests in Legatax, its Affiliates and/or the Third Party Licensors.

 

(b) Nothing in this ToU shall be deemed to grant to you any right, title, or interest (including copyrights, trademarks and other intellectual property rights) in the Product(s). 

 

(c) You agree that you shall not take recourse against Legatax for any alleged or actual infringement or misappropriation of any proprietary rights. If you, at any stage believe that the contents appearing of the Product(s) constitute infringement of another person’s intellectual property rights, please communicate the same to Legatax.

 

7. GENERAL

 

(a) You acknowledge that some systems/software may not be capable of supporting the Product(s) and you have made appropriate investigations into the same;

 

(b) You agree to indemnify and keep indemnified Legatax, its officers, directors, employees, agents, successors and assigns from and against all loss or damage arising out of or in connection with breach of the ToU (including unauthorised use of the Product(s)). The indemnity shall be without prejudice to any other remedies or recourses available to Legatax under applicable laws or the ToU.

 

(c) Legatax reserves the right to do the following at any time without notice: (i) amend, revise, modify, enhance, update the features and content of the Product(s), (ii) change the uniform resource locator / domain name of the Website, (iii) assign or transfer its rights and obligations to any Person.

 

(f) Failure of Legatax to enforce any provision of the ToU shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. In the event that any provision of the ToU becomes or is held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby.

 

(d) You agree and undertake to keep confidential at all times the details of the ToU and the contents, features and materials forming part of the Product(s).

 

(e) If there is any conflict between the terms and conditions set out herein and the terms and conditions set out in the order form for any of the Product(s) or in any terms incorporated by reference herein, the terms and conditions set out herein shall prevail.

 

(f) Your use of the Product(s) shall be governed by and construed in accordance with the laws of India and, shall be subject to the exclusive jurisdiction of the courts of Mumbai, India in respect of any dispute or difference arising out of such use. Provided that Legatax shall be entitled to move any court/tribunal which may jurisdiction in the matter.

 

8. DEFINITIONS

 

In these ToU, the following terms have meanings as under:-

 

(a) Affiliate” means, in relation to a body corporate or a firm, any other Person controlling, controlled by or under common control with such Person.

 

(b) Documents” means the documents forming part of the database of the Product(s), each bearing a unique title and distinct contents.

 

(c) Legatax” means Legatax Online Info Private Limited, a company incorporated under the (Indian) Companies Act, 1956.

 

(d) Licensee” means the Person who has purchased/ subscribed to/ licensed the use of any of the Product(s).

  

(f) Person(s)” means any individual, sole proprietorship, unincorporated association, unincorporated organization, body corporate, corporation, company, partnership, limited liability company, joint venture, government entity or trust or any other entity or organization.

 

(g) Product(s)” means the following products offered for use on this Website:

(i) the “Cross Border Tax Referencer (on PE, FTS, FIS and Royalties)”;

(ii) the “Charitable Institutions Referencer”;

(ii) the “Words & Phrases Referencer”;

(iii) other products offered for use on this Website from time to time.

 

(h) Third Party Licensors” means the third parties in whom the right, title or interest in the Third Party Material vests.

 

(i) Third Party Material” means content or materials owned by third parties, which form a part of any of the Product(s).

 

(j) User” or “Users” means authorised personnel of the Licensee’s organisation entitled to access / use the Product(s) in accordance with the order form, if any.

 

(k) Website” means the website of Legatax hosted on the uniform resource locator www.legatax.in which may be changed from time to time.