Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATIONYour access to and use of Shoneekapoor.com (Web Site, Website) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. Terms and Conditions (the “Agreement”) constitute a legally binding agreement between Shonee Kapoor (“I”, “we,” “us,” “our,” or “ShoneeKapoor.com”) and the users of the Web Site, whether personally or on behalf of an entity (“you”). This Agreement governs your use of the Web Site and the services offered, so please read it carefully.
PLEASE NOTE THAT BY ACCESSING OR USING ANY PART OF THE WEB SITE OR THE SERVICES (ONLINE SERVICES ONLY), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION PROCEDURE, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND INDEMNIFICATION. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE OR THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE AND/OR THE SERVICES CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE IN THE FUTURE.
2. Using the Web Site
a. Eligibility. Except as expressly provided below, certain services may only be used by, and registered user status is limited to, individuals who can form legally binding contracts under applicable law (“Registered Users”). Without limitation, minors are prohibited from becoming Registered Users. References in this Agreement to “users” include Registered Users, but Registered Users does not include unregistered users.
b. User Registration. To become a Registered User, you must create an account with us through the online registration process on the Web Site. In creating an account, you must provide us with accurate and complete registration information, as prompted in the registration form. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Web Site.
c. Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all uses of your password and account, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password or account has been obtained, or may be accessed or used by, any unauthorized person or entity. In addition, you must notify us immediately if you become aware of any other breach or attempted breach of the security of the Web Site. For security purposes, we recommend that you change your password often.
d. License. Subject to your strict compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, and use of the materials appearing on the Web Site (excluding source and object code) on any single computer (or other device you use to access the Web Site) for your personal, non-commercial use only; provided that you: (a) keep intact all trademark, copyright and other proprietary notices; (b) do not use the materials in a manner that suggests an association with any of our products, services or brands; (c) make no modifications to the materials; (d) do not allow or assist any third party: (i) to copy or adapt the source or object code of the Web Sites’ software or programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site create to generate their web pages or any software or other products or processes accessible through the Site; and (e) do not insert any code or product to manipulate the materials in any way.
3. CREDIT CARD DETAILS
Shoneekapoor.com will never ask for your credit card details and we advise our customers to not enter their credit cards details on Shoneekapoor.com website or by submitting such details in any other form.
4. Legal Disclaimer
The contents of the Web Site including services are intended to provide general and basic education on legal issues and Do Not constitute legal advice and should not be relied upon in making or refraining from making, any decision. The website doesn’t represent or warrant that any of its features, content or services is safe, appropriate or effective for you. You are advised to consult your legal counsel with any questions regarding your legal issues.
All material contained on Shoneekapoor.com is provided without any warranty of any kind. You use the material on Shoneekapoor.com at your own discretion.
We strongly advise you to consult your legal counsel before using any material or deriving any conclusions based on the material published on Shoneekapoor.com.
Any user needing immediate legal advice should contact a professional practitioner of law who can help with the urgent need. Under no circumstances will Shonee Kapoor or his agent/s will be held responsible or liable for any injury that might occur from using this Web Site. Any communication sent from this website or on behalf of this website, including emails, links, blogs, videos, and other materials are included in this disclaimer.
4. CHANGE OF USE
Shoneekapoor.com reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Shoneekapoor.com shall not be liable to you for any such change or removal.
5. Links to Third Party Websites
Web site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6. COPYRIGHT
I. Our content
6.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Shoneekapoor.com or otherwise used by Shoneekapoor.com as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
II. Your Content
a. License. Except as limited by our Privacy Policy, by posting, storing or transmitting any content on or to the Web Site (including but not limited to writings, photographs, audio, video, music, images, pictures, questions, comments, or personally identifiable information)(collectively, “Your Content”), you hereby: (i) grant us, and represent and warrant that you have the right to grant, a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, transferable, sub licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, sell, re-sell, publish, broadcast, archive, cache, sublicense, and otherwise exploit Your Content in any manner and for any purpose in any and all formats and technologies, whether now known or hereafter developed, anywhere in the world, for any purpose, commercial, advertising, or otherwise; (ii) agree that Your Content is subject to being changed, rejected, or deleted at any time without notice or explanation to you, and that you have no right to access or control Your Content; and (iii) agree that we are free to use any ideas, concepts, know-how or techniques contained in Your Content you send to the Web Site or to us, for any purposes whatsoever, including, without limitation, developing, and marketing content and/or services using Your Content, or creating materials based on or advertising products or services, and without compensation of any kind. You further perpetually and irrevocably grant us the unconditional right to use and exploit your name, persona and likeness included in any of Your Content and in connection with Your Content, without any obligation or compensation to you. You also grant to us the right to sub-license and authorize others to exercise any of the rights granted to us by you under this Agreement, and each such third party will be entitled to benefit from the rights and licenses granted to us under this Agreement. You hereby irrevocably waive any claims based on moral rights, if any. Your Content will be treated as non-confidential and will not be returned to you.
b. Our Obligations Concerning Your Content. You agree that: (i) we have no obligation to examine or enforce your intellectual property rights in or to Your Content; (ii) we do not have any obligation to, but may, review, monitor, display, accept or exploit Your Content and we may, in our sole discretion, delete, edit, block access to, re-format, alter, remove or refuse to exploit Your Content without notice or liability; provided, however, that we reserve the right to treat Your Content on the Web Site, or on certain portions of the Web Site, as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and any content restrictions we may establish when notice of such violations are directed to our attention; and (iii) we are not obligated to use Your Content and that you will not receive any compensation of any kind for our use of Your Content.
c. Objectionable Content. Due to the amount of user content, we may not have the ability to control the nature of the content presented by users on or through the Web Site. You are solely responsible for your interactions with other users of the Web Site and any content that you post. We are not and will not be liable for any damage or harm resulting from the Web Site users’ content or your interactions with other users of the Web Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site and to take any other action to restrict access to or the availability of any material we or another user of the Web Site may consider to be obscene, lewd, lascivious, violent, harassing, defamatory, infringing, abusive, inflammatory, vulgar, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable (including, without limitation, because it violates this Agreement).
d. Prohibited Content. You may not post, submit or transmit any content that: (i)is libelous, defamatory or slanderous; (ii) advocates the violent overthrow of the government of India; (iii) incites, encourages or threatens immediate physical harm against another; (iv) presents an immediate and genuine danger to another person or entity; or (v) violates any applicable law, regulation, or rule, hereby stated or not stated.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 The Website makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.3 WEB SITE or IT’S AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OR THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
9. INDEMNITY
You agree to indemnify and hold Shoneekapoor.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Shoneekapoor.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
10. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of Delhi Courts. All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach) or your use of the Web Site or the Services will be exclusively resolved in Rohini Courts, Delhi. In the event relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
DISCLAIMER AND USER AGREEMENT
As per the rules of the Bar Council of India, Advocates are not permitted to solicit work and advertise. By registering, the user acknowledges the following. It is specifically mentioned that the maker of this site is a lawyer and does not claim to be a practicing Advocate, still the maker wants to be in conformity with the prevailing codes:
> There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
> The user wishes to gain more information about us for his/her own information and use;
> The information about us is provided to the user only as per his/her specific request and any information obtained or materials downloaded from this website is completely at the user’s volition and any transmission, receipt or use of this site would not create any attorney-client relationship.
The information provided under this website is solely available at your request for educational/information purposes only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on legal material/information provided under this website. In cases where the user has any legal consultation issues, he/she in all cases must seek independent legal advice.