The following terms and conditions constitute an Agreement between you and Lawxy E-Ventures Pvt. Ltd. (PocketLawyer.com).
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY TERMS, POLICIES, OR DISCLOSURES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT USE THIS WEBSITE.
The Agreement applies to you whether you are -
This Agreement applies to those services made available by PocketLawyer on the Website, which are offered to the Users (“Services”), including the following:
The Services may change from time to time, at the sole discretion of PocketLawyer, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@PocketLawyer.com.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You are required to read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered to you by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of PocketLawyer.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
All Users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered by PocketLawyer.
The User takes full responsibility for ensuring that the information submitted is accurate. PocketLawyer.com shall make no effort to validate any information provided by the User for use of Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed.
PocketLawyer is only a service marketplace, which provides Professionals to Users. Any of the information provided on the PocketLawyer website should not be construed to be an advice.
PocketLawyer does not practice law or provide legal advice and is not a law firm. The employees of PocketLawyer are not acting as your advocate. By using PocketLawyer, no attorney-client relationship will be created between you and PocketLawyer. All the Site Material provided on the Website are not legal advice, and are not guaranteed to be correct, complete, or up-to-date. PocketLawyer does not guarantee that any of the Site Material is current. Without limitation, any Site Material is intended only for general informational purposes only, is not intended to and does not create an attorney-client relationship between you and PocketLawyer, and you shall not rely upon any such Site Materials. You recognize that questions and answers, postings on any groups, and any other information or other postings to the Site, any other communication via PocketLawyer, or any other type of Site Materials, is not confidential and is not subject to attorney-client privilege.
PocketLawyer does not endorse or approve Professionals using the Services. Users should carefully research any Professional prior to accepting any professional advice or obtaining any Services. No legal representation relationship exists in any way between any User and PocketLawyer or any of its affiliates.
In consideration of your use of PocketLawyer, you represent that you are of legal age to form a binding contract and are not a person barred from using PocketLawyer under the laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by PocketLawyer's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or PocketLawyer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PocketLawyer has the right to suspend or terminate your account and refuse any and all current or future use of PocketLawyer (or any portion thereof). PocketLawyer is concerned about the safety and privacy of all its Users.
The opinions, statements, answers (collectively “consultation”) provided by the Professional via Pocketlawyer.com are solely individual and independent opinions and statements of such individual/s and in any manner do not reflect the opinions of Pocketlawyer.com, its affiliates or any other organizations or institutions to which such Lawyer or such specialist or professional is affiliated or provides services. Pocketlawyer.com does not recommend or endorse any specific tests, Professionals, products, procedures, opinions, or other information that may be mentioned on Pocketlawyer.com or by a licensee of Pocketlawyer.com.
The inclusion of professionals and specialists on Pocketlawyer.com or in any professional directory on Pocketlawyer.com does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an "as-is" basis and Pocketlawyer.com disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
You agree that you understand that the Professionals who participate under Pocketlawyer.com are not employed by or agents of Pocketlawyer.com. Although Pocketlawyer.com does require Professionals to provide basic information about themselves to Pocketlawyer.com (for example, information about the jurisdictions in which they are licensed, information about areas in which they practice and consider themselves competent and knowledgeable), and although Pocketlawyer.com does rely upon and pass on this information to Users for their use, Pocketlawyer.com does not separately verify this information and makes no representations as to the qualifications of any Professionals. No listing of any Professionals on this site, and no information of any kind or answers provided by any Professional, constitutes an endorsement, recommendation or referral of any Professional.
In connection with their participation on Pocketlawyer.com, Professionals do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you are encouraged to investigate or perform your own due diligence concerning the Professionals and their qualifications.
No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Professionals. We urge all potential clients and Users to make their own independent investigation and evaluation of any Professional being considered.
No attorney-client relationship with a Professional will be formed by the mere use of this website. Information posted or made available on or through the Site, including, without limitation, any responses to legal or other questions posted on the Site; information in PocketLawyer’s various blog postings, groups, media releases; information posted publicly on the Site; documents or forms uploaded to our website (whether or not provided by a Professional); or information sent in an unsolicited message to a User, is not intended as legal advice, is not confidential, and does not create an attorney-client relationship, but rather is considered Site Materials. An attorney-client relationship may not be formed solely through the use of the Services between Service Buyers and Professionals. Users may post Legal Requests or other requests through the Services Marketplace. Professionals may submit bids and negotiate details of these projects prior to acceptance. Upon acceptance, the scope of a Professional’s representation is strictly limited to the matter agreed upon in the job proposal (the “Bid”).
While an attorney-client relationship may be facilitated with a Professional through use of the Services, no attorney-client relationship can be formed until a consultation takes place with the Professional and the relevant formal legal undertaking and documents are in place. If the Professional determines there is a conflict of interest, that Professional will be unable to represent you. Any Professional may also decline to provide representation for any other reason. Attorney-client privilege is a set of rules governing lawyers designed to encourage complete and unrestricted communication between a client and his or her lawyer. It applies to communications with a lawyer where a client is seeking legal advice. By using the Services to find and connect to a lawyer, you are agreeing that communications over the Services will not be protected by this privilege.
Users may negotiate the terms of a potential engagement prior to such engagement. Upon acceptance, the scope of the work that a Professional is engaged to work on is strictly limited to the matter agreed upon during the negotiations. PocketLawyer does not provide legal services to Users on its own behalf, and has no obligations to any User in connection with attorney-client privilege.
If and when Confidential information is provided by a Professional or a User to the other, the recipient must protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall neither (a) disclose Confidential Information to anyone except, in the case of PocketLawyer, to any User or Professional engaged in a Contract, nor (b) use the Confidential Information, except as necessary for the performance of services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Professional). When Confidential Information exchanged is no longer required for the performance of services for the relevant Service Contract, or at the disclosing party’s written request (which may be made at any time, at disclosing party’s sole discretion), recipient User or Professional (as the case may be) shall promptly erase, destroy or return all Confidential Information and any copies thereof contained on or about its premises, systems, or any other equipment otherwise under its control. The User or Professional, as applicable, agrees to provide written certification to the party disclosing the Confidential Information of compliance with this Section of the Site Terms within ten (10) days immediately after the receipt of disclosing party’s written request for such written certification. Without limiting the above, User, Professional, or PocketLawyer, shall not publish, or cause to be published, any Confidential Information or Work Product, except as may be necessary for performance of Services for a Contract.
PocketLawyer User’s may post legal questions in “Q and A” section or post legal requirement (collectively, “Legal Requests”) in the PocketLawyer Services Marketplace, and Professionals may offer or be asked to offer their help with Legal Requests. The Professionals shall be able to view the information included in the Legal Request by the User. Professionals may offer their legal services to any User in response to User’s Legal Request. No confidential information should be shared by the Users on the PocketLawyer platform. By choosing to do so, Users acknowledge that there is no duty of any Professional to keep such information confidential or forego representation adverse to such User’s interests. A User’s contact information will remain private until the User chooses to connect with a Professional.
Upon an expression of interest, a Professional who is an Interested Party declares that he or she is in principle interested in contracting with the relevant User on the terms specified on the applicable requirement/project listing. Any number of Professionals are eligible to Bid for the same job posting at the payment of Rs. 100 per proposal. Once all the Bids are submitted, the User can compare the Bids and select the one matching his/her requirements.
An in-built chat facility is also available to the User incase he/she wants to contact the Bid owner before engaging him for the legal work. Once the User is satisfied with the quality and experience of the Professional, User shall have to make an upfront payment to engage with the Professional. The chat module shall be confidential and the information shared thereupon shall not be shared. The Professional and the User are also bound to keep the chat confidential; PocketLawyer shall never be responsible for the information shared during the chat. The Professional shall be charged 15% of the payment made by a User in case of a project and 30% shall be charged for consultation as cost towards the maintenance of the service market place and the website/other transactional charges.
PocketLawyer’s logo and other product or services name or slogan cannot be copied, imitated, or used, in whole or in part, without the prior written consent of PocketLawyer. PocketLawyer’s logo/ other products are trademarks of PocketLawyer and its suppliers/lisencors. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners.
PocketLawyer does not claim any kind of ownership of the Content you submit or make available for inclusion on PocketLawyer. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of PocketLawyer, you grant PocketLawyer the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PocketLawyer, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via PocketLawyer. PocketLawyer does not control the Content posted via PocketLawyer and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using PocketLawyer, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PocketLawyer be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via PocketLawyer.
You agree to not use PocketLawyer to:
You acknowledge that PocketLawyer may or may not pre-screen Content, but that PocketLawyer and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via PocketLawyer. Without limiting the foregoing, PocketLawyer and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PocketLawyer or submitted to PocketLawyer, including without limitation information in PocketLawyer forums and in all other parts of PocketLawyer.
You acknowledge, consent, and agree that PocketLawyer may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the User Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of PocketLawyer, its Users, and the public.
You understand that PocketLawyer and software embodied within PocketLawyer may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PocketLawyer and/or content providers who provide content to PocketLawyer. You may not attempt to override or circumvent any of the usage rules embedded into PocketLawyer. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on PocketLawyer, in whole or in part, is strictly prohibited.
PocketLawyer reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
To collect and display authentic feedback, PocketLawyer abides by the following rules:
The section headings used in this Agreement are intended for reference purposes only and shall not affect the interpretation of this Agreement.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision. The illegality, invalidity, or unenforceability of such provision shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision, and this Agreement generally, shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the Parties as expressed in this Agreement. The fact that any provision of this Agreement is held to be illegal, invalid or unenforceable in a particular jurisdiction shall have no effect upon the legality, validity, or enforceability of such provision in any other jurisdiction.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by PocketLawyer. Any consent by PocketLawyer to, or a waiver by PocketLawyer of any breach by User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Neither Party shall be liable for any failure or delay in the performance of any of their respective obligations if prevented from doing so by a Force Majeure Event. “Force Majeure Event” means (i) floods, earthquakes, or other similar elements of nature or acts of God; (ii) riots, civil disorders, rebellions or revolutions in any country; or (iii) any other cause beyond the reasonable control of the non-performing Party, provided the non-performing Party is without fault in failing to prevent or causing such default or delay, and such default or delay could not have been prevented or circumvented by the non-performing Party through the reasonable use of alternate sources, workaround plans or other reasonable precautions.
This Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws rules applicable to contracts to be performed entirely within India. For all such matters, each Party irrevocably submits to the exclusive jurisdiction of courts located in New Delhi and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
You agree to defend, indemnify, and hold harmless PocketLawyer, its corporate affiliates, independent contractors, professionals, and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, advocates’ fees) arising out of or related to any User content you post, store, or otherwise transmit on or through the Site, or your use of or inability to use the Site or the Service including, without limitation, any actual or threatened suit, demand, or claim arising out of or relating to User content, your conduct, your violation of these Site Terms, or your violation of the rights of any third-party.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by PocketLawyer. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
In no event, including but not limited to negligence, shall PocketLawyer, or any of its directors, officers, employees, agents or content or Professionals (collectively, the “Protected Bodies”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Body has been advised of the possibility of such damages. In no event shall the Protected Bodies be liable for:
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN 'AS-IS/AS-AVAILABLE' BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH PROFESSIONAL, AND NON-INFRINGEMENT. NEITHER POCKETLAWYER.COM NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, ANY PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Any of the terms and conditions/policies as mentioned on the website can be changed/amended as and when required by PocketLawyer, and a notice regarding the same shall be published on the Website. Pursuant to the display of notice on the Website, your continuous use of the Website shall be deemed to be an acceptance of such change/modification. If any User/Professional does not agree with the amended terms, he/she may discontinue using the Website.
This Agreement and its Exhibit(s) constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all existing or prior agreements and communications, whether written or verbal, relating to the subject matter hereof. No modification of this Agreement shall be effective unless it is in writing and signed by an authorized representative of each Party.