By using our Services you agree that you will never misuse our Services. You shall not use our Services for any such purpose that is illegal in the jurisdiction where our Services are used as well as under the Laws of the Republic of India.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name https://www.cyberselkey.org (“Website”), is owned and operated by Selkey Cyber Security Private Limited, a Company, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective proprietor, representatives, administrators, employees, directors, officers, agents and their successors and assigns. Selkey Cyber Security Private Limited will know as Cyber Selkey.
By using our Services you agree that you are over the age of eighteen (18) years and can enter into a legally binding contract with Cyber Selkey; and only as permitted by law, including applicable professional standards laws, rules and regulations. By using our Services you agree that we reserve the right to suspend your account or stop providing our Services or reject your query to at our discretion.
1. Acceptance of the Terms
“Expert” shall mean the professional, including but not limited to qualified Lawyer, Chartered Accountant and Chartered Secretary, enrolled on our platform.
“Guest User” shall mean those users who have not registered as a Member but is simply visiting the Website and using publicly available Services for non-registered users.
“Intellectual Property Rights”, “IPR” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, but not limited to, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
“ Cyber Selkey “, “https://www.cyberselkey.com”, “we”, “us”, “our” shall mean Cyber Selkey, a Private Limited Company registered under The Companies Act, 2013.
“Member”, “User” shall mean an individual or an organisation who completes the Cyber Selkey account registration process as described under “Creating a Member Account”.
“Membership” shall mean the individual rights guaranteed to you to use the Website and avail our Services in such a manner as prescribed herein, in the form of an account which shall be maintained and used solely by you.
“Offerings”, “Services” shall mean the services including but not limited to Do-it Yourself agreement making, document reviewing, document vetting, Expert marketplace, legal blogs, legal glossary, legal services such as incorporation of a company and compliances for a company and Q&A platform.
Website” shall mean the internet website, https://www.cyberselkey.com, which is wholly owned and managed by Cyber Selkey.
3. Use of Our Services
1.Cyber Selkey provides a platform that enables users of Cyber Selkey Services to submit their requests/queries for solution, advice on Cyber related issues. Cyber Selkey facilitates communication and exchange of information between the User and relevant expertise. CYBER SELKEY DOES NOT PROVIDES ANY LEGAL SERVICES AND IS NOT A LAW FIRM.
2. Cyber Selkey provides a platform for responses/ answers to queries/ questions posted by the User, blog posts and articles contributed by the Lawyers/ professionals and other information for informational purposes only, and it does not constitute legal advice. Cyber Selkey is not an advertising service for lawyers, does not solicit business or promote any lawyer and the lawyer listings on Cyber Selkey do not constitute a referral or endorsement by Cyber Selkey and are hence, not in violation of propositions of Advocates Act 1961.
3. The literature on our Website, including but not limited to Frequently Asked Questions (FAQs), blogs, resources, etc are purely for academic purposes and should not construed as legal advice from Cyber Selkey or its empanelled lawyers. Cyber Selkey is not and shall not be responsible for any acts or omission by anyone as a result of any such literature available on its Website.
4. Cyber Selkey provides lawyer listings and other related information including but not limited to consultation fee, areas of expertise, qualifications etc. for informative purposes only and Cyber Selkey does not in any way guarantee the accuracy, adequacy or quality of such information.
5. Users shall be aware that content posted on Cyber Selkey is intended as only general information and for educational purposes only and should be used only as a reference for addressing your legal issues and shall not be treated as legal advice, being legally enforceable. Using the services, does not create a lawyer-client relationship between you and Cyber Selkey, or you and any lawyer.
6. Cyber Selkey is not a substitute for an in-person or telephonic consultation with a lawyer about your specific legal issue, and the User should not hold Cyber Selkey responsible for any such information posted on website. Any postings to the Service, questions and answers, queries, etc. are not confidential and are also not subject to Client-lawyer confidentiality.
7. Cyber Selkey makes reasonable efforts to select and vet the Lawyers and relevant experts , they do not recommend any specific lawyer or select, endorse or recommend any lawyer.
8. Cyber Selkey has not solicited any clients or users and that the user or client has approached Cyber Selkey off its own volition without any force.
9. Cyber Selkey does not perform background checks of users hence it is not responsible for any acts or omissions on the part of the user.
10. Users of the Service are put in contact with Lawyers – Cyber Selkey does provide the Services directly, and acts as a facilitator too. Cyber Selkey acts as an intermediary by which it connects the users with lawyers or other Experts. Cyber Selkey is a platform for establishing connections between Users and Lawyers. Cyber Selkey does not have control over the quality of knowledge, amount of time taken, legality, failure to provide with a result, or any other aspect whatsoever of any opinion/service provided by Lawyer(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Lawyer in any manner. Though we register lawyers with us only after receiving their Bar Council certificate and after conducting background checks, however, we do not guarantee their expertise or quality and we take no responsibility of any default caused or insufficient service provided by the Lawyers. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY LAWYER OR AN EXPERT OR USER OF THE SERVICE. COMPANY WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
11. At any point of time, if the User wants to delete his/her account, the User shall send a request in the form of an email to email@example.com. Subject to that all the payments in relation to the User has been made, we shall close the account within 30 business days of receiving such request from the User.
4. Data Privacy and Security
We view protection of Your privacy as a very important principle. We store and process your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to your information being transferred or used in this way please do not use the Website.
You hereby agree to our sharing of Your personal information with our other corporate entities, business verticals and affiliates for developing our own business. These entities and affiliates may market to you as a result of such sharing. We may also record calls made to our customer care representatives strictly for quality and training purposes.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
This is a contract between you and CYBER SELKEY. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with CYBER SELKEY, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Use of the service provided by CYBER SELKEY is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the CYBER SELKEY and shall not transact on or use the service provided by the Company. As a minor if you wish to use or transact on CYBER SELKEY, such use or transaction may be made by your legal guardian or parents or under their guidance on the Website, by which they shall be responsible/liable for any acts committed in connection with any transaction. If you are registering as a Lawyer on CYBER SELKEY you shall do so only if you have the right to practice law within India and possess relevant qualifications and degrees for practising law. CYBER SELKEY reserves the right to terminate your membership and / or refuse to provide you with access to the service if it is brought to CYBER SELKEY’s notice or if it is discovered that you are under the age of 18 years or not eligible to enter into contract and/or practise law.
6. Lawyers and Expert independence
The opinions, statements, answers (collectively “consultation”) provided by the Lawyers via cyberselkey.com are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of cyberselkey.com (referred as CYBER SELKEY), its affiliates or any other organizations or institutions to which such Lawyer or such specialist or professional is affiliated or provides services. CYBER SELKEY does not recommend or endorse any specific tests, Lawyers, products, procedures, opinions, or other information that may be mentioned on CYBER SELKEY or by a licensee of CYBER SELKEY. The inclusion of professionals and specialists on CYBER SELKEY or in any professional directory on CYBER SELKEY 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 CYBER SELKEY 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 Lawyers who participate in the CYBER SELKEY are not employed by or agents of CYBER SELKEY. Although CYBER SELKEY does require Lawyers to provide basic information about themselves to CYBER SELKEY (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 CYBER SELKEY does rely upon and pass on this information to Users for their use, CYBER SELKEY does not separately verify this information and makes no representations as to the qualifications of any Lawyers. No listing of any Lawyer on this site, and no information of any kind or answers provided by any Lawyer, constitutes an endorsement, recommendation or referral of any Lawyer. Lawyers do not provide any compensation or make any payment to CYBER SELKEY in order to become Lawyer of CYBER SELKEY or in order to answer any questions by Users on CYBER SELKEY. In connection with their participation on CYBER SELKEY, Lawyers 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 Lawyers 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 Lawyers. We urge all potential clients to make their own independent investigation and evaluation of any Lawyer being considered.
7. Using or accessing the CYBER SELKEY Services
Your use or access of the Services, however, shall not impose any duty on CYBER SELKEY to provide you any particular Services or access to any Services. You agree that you (a) have provided true, accurate, current, and complete information to us in connection with any use or access of the Services; and (b) will maintain and update the information to keep it true, accurate, correct, and complete. We reserve the right to terminate your access to the Services in the event we learn or believe any information provided by you may be false, inaccurate, incorrect, or incomplete. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. In any event, CYBER SELKEY shall not be liable for such act.
8. Services Provided by CYBER SELKEY
Apart from the services mentioned above, CYBER SELKEY also offers share expertise on Cyber Related issue, Computer Technology related issues, Website security related issues, Do-it-Yourself document making, agreement drafting, document reviewing and vetting, Expert marketplace and facilitation platform for various legal services including but not limited to company incorporation, service tax registration and trademark registration. We also provide features like questions listing, search, discovery, communication. Role of CYBER SELKEY, unless mentioned otherwise, is limited to facilitating the Services for users and Experts. Experts are independent contractors and not the employees of CYBER SELKEY. CYBER SELKEY is not responsible for and disclaims any and all liability related to the actions of users, Experts, third parties and other users of the Services.
9. Rights and Obligations of CYBER SELKEY
1. CYBER SELKEY will attempt to continuously innovate in order to provide the best possible Services to its users. You acknowledge and agree that the form and nature of the Services provided by CYBER SELKEY may change from time to time without any prior notice.
2. You acknowledge and agree that CYBER SELKEY may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User at its sole discretion.
3. You acknowledge and agree that if CYBER SELKEY disables access to your account or login route, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. You acknowledge and agree that while CYBER SELKEY may not currently limit your use of the Services in any way, it may do so if that use hinders with the ability of CYBER SELKEY to carry on its operations or the ability of other customers to use the offering.
5. CYBER SELKEY shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.
6. You shall not represent yourself with any person or organization to which you are not associated with and shall not create any profile representing that business or list products that are owned (under any Intellectual Property or any such Acts) or authorized only by other Users. In case of such happening, the User shall be solely responsible for his act to the real owner of such businesses. The fake profiles or unauthorized listing of questions may be removed by CYBER SELKEY without providing any notice. CYBER SELKEY will not be responsible for any such act by any Users.
7. CYBER SELKEY does not solicit any particular lawyer. CYBER SELKEY shall share a list of lawyers or Experts from their directory of lawyers or Experts to the User or the prospective client.
8. CYBER SELKEY shall not share the contact details of any lawyer or Expert before the consultation is booked.
10. Rights and Obligations of the User
1. In order to access the Services, the User may be required to provide personal information, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.
2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.
3. You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by CYBER SELKEY unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.
4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).
5. Unless you have been specifically permitted to do so in a separate agreement with CYBER SELKEY, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6. You agree that you are solely responsible for (and that CYBER SELKEY has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CYBER SELKEY may suffer) of any such breach.
7. [The User shall not share the contact details of the lawyers or the Experts without written consent of CYBER SELKEY.]
11. Account Passwords and security
1. The User of CYBER SELKEY agrees and understands that he is responsible to CYBER SELKEY and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the Services. You will be solely responsible for all activities that occur under your account.
2. CYBER SELKEY takes due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into CYBER SELKEY database, CYBER SELKEY shall not be made liable for the resulting damages.
3. If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at CYBER SELKEY immediately. You can write to firstname.lastname@example.org in such cases.
12. Limitations on Your Use
13. Content offered in Services
1. You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. While CYBER SELKEY shall make the best efforts to ensure that no indecent, objectionable, racist or hurtful content is published, CYBER SELKEY does not guarantee that such content will not be published, advertently or inadvertently by the Users of the offering. You understand that by using the Services you may be exposed to content of other Users that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. On noticing any such content, it is your duty to bring it to the attention of CYBER SELKEY’s officials immediately, who will take due care to delete it from the Website. You can raise such complaints in writing to email@example.com.
2. You should be aware that content presented to you as part of the Services, including but not limited to advertisements and promotional material of CYBER SELKEY or other companies, is protected by Intellectual Property Rights which are owned by CYBER SELKEY, or the sponsors or advertisers who provide that content to CYBER SELKEY (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by CYBER SELKEY or by the owners of that content, in a separate agreement.
3. You understand and agree that whatever information provided by us in the form of the blogs, Q&A and glossary are merely informative in nature and represents the opinions of others and shall not be construed as a legal advice or opinion, if any damage is caused to the User by relying on such information, we do not incur any liability against such claims.
4. You understand and agree that whatever legal advice offered by the Experts through our platform for drafting and vetting your legal document or otherwise on your request, CYBER SELKEY will not be liable in case of any damage caused to the user by such usage of the alleged document or advice; as it is completely based on your discretion and choice to use the expertise. We are an intermediary according to the Information Technology Act, 2000 hence we shall not be liable for any losses or damages whatsover incurred by the user as a result of services hired by the User.
5. You understand and agree that if there is any delay by Expert in providing the requested Service, in such a case CYBER SELKEY do not incur any liability against any damages or loss caused to you due to such delay.
14. Your Agreement to our Rules and Regulations
3. You agree that by using the Services, you grant CYBER SELKEY the right to convert, copy, display, edit, make derivative works, disclose, store, or otherwise use your User Content in any manner and in all forms or formats available now or in the future without any compensation to you or any other agreement. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.
4. CYBER SELKEY will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the public posting areas of this Services or using the Services; and (c) arising from your viewing of any content using the Services that you may find offensive.
5. For the purpose of change and cancellation of Services, the procedures and penalties vary depending on the policies of the applicable Expert. Any such cancellation procedures and penalties are those of the Expert and not of CYBER SELKEY; CYBER SELKEY has no responsibility or liability in this regard. You agree that you will accept any terms, conditions and restrictions associated with Services imposed by the Expert, including, but not limited to, any change or cancellation fees. If you have any complaints or questions about your experience with any Expert, or if you wish to cancel a Service request made via the Services, please contact the applicable Expert directly. If an Expert cancels a Service request, please contact CYBER SELKEY at firstname.lastname@example.org and CYBER SELKEY will address your request.
6. CYBER SELKEY is not responsible for resolving any disputes between User and Expert and/or processing any cancellations of Service requestor changes therein. CYBER SELKEY disclaims any and all liability in this regard.
15. Intellectual Property rights
1. You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
3. You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement can be sent to us in writing to the address located under the CONTACT US section on the Website.
16. Client Information Confidentiality
If you create, upload, store or share any document or case related information in your account or through any other possible medium with CYBER SELKEY, CYBER SELKEY shall ensure its confidentiality, neither have ownership on your document nor have any right to edit the document or information. You also permit CYBER SELKEY to use your documents for providing the Services to you. Any comments, questions, suggestions, feedback or information provided by you about the Services of CYBER SELKEY, can be used by CYBER SELKEY for their promotion, marketing or advertisement. CYBER SELKEY may also remove any of your submissions and is not under any obligation to post your submission.
You agree that CYBER SELKEY may keep these documents and submissions as preserved and confidential but may also disclose any of the document or submission under the following circumstances:
1. Where any legal process, any law or government demands is to be complied with.
2. In order to enforce the terms and conditions of this website.
3. In case of any claims raised by third parties when their rights are violated.
4. To protect the personal safety, rights, property and privacy of CYBER SELKEY and its users or public.
17. Creating a CYBER SELKEY Account
1. When you create an Account, you will be required to furnish certain information regarding your email ID and other relevant information. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
2. You can register directly through the Site or via a Social Networking Site which we may support. By using your Social Networking Site account, you are allowing CYBER SELKEY to access your certain information and you are agreeing to abide by the applicable terms and conditions of your Social Networking Site in your use of the Services via such Social Networking Site.
4. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
18. Third Party Web Site Services, Links, Advertisements and Offers
The Services may contain links to other World Wide Web Internet sites. The Services also may utilize third party Services, advertisements, offers and payment systems. CYBER SELKEY is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. CYBER SELKEY is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall CYBER SELKEY be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.
19. Electronic payment
CYBER SELKEY may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
You agree, understand and confirm that the bank / debit / credit card details provided by you for availing services of email@example.com will be correct and accurate. These details are entered by you directly at the third party payment service provider webpage and CYBER SELKEY does not have any access whatsoever to your payment details.
CYBER SELKEY cannot assist with a stop payment request for any payment scheduled using a Payment Account credit/debit card. In any such case, you must immediately and directly contact your credit/debit card company/bank.
20. PAYMENT, CANCELLATION AND REFUND POLICIES
1. PAYMENT POLICY
All fees have to be paid upfront before availing any paid service at cyberselkey.com (further referred as CYBER SELKEY)
The User shall make all payments for the services or consultancy availed to the account of CYBER SELKEY only. No direct payments shall be made to the Expert unless the User has obtained a prior written permission from CYBER SELKEY. CYBER SELKEY shall have no responsibility or any liability towards any direct payment made to an Expert without the prior written consent of CYBER SELKEY.
Any direct payment made by the User without the prior written consent of CYBER SELKEY may lead to the deactivation of User account without any prior notice made to the User.
2. CANCELLATION POLICY
In the event of cancellation of any paid consultation for which payment has been successfully made and a confirmation number has been generated, and the consultation has not been concluded due to any avoidable / unavoidable reason(s) we must be notified of the same in writing – by an email at firstname.lastname@example.org.
Cancellation charges will be effective from the date we receive your email. Cancellation can be requested no later than 4 hours before final delivery time / Appointment time.
3. Our Customer Service team will contact you within 7 business days and in cases where the Lawyer has not delivered the booked consultation, we will return your money within 15 business days from the day the request for Cancellation was received. Please note that there will be a nominal deduction (30%) in the amount refunded, payable towards online payment processing. The refund will be processed directly in your Bank / Credit Card account that was used to make the payment.
21. RE-REVIEW OF WORK
Any dispute in relation to the quality of the work done by the lawyer shall be intimated to CYBER SELKEY at the earliest. On receipt of such complaint, the final work product prepared by the lawyer shall be reviewed by our internal team of lawyers and such team shall take a decision if the work has to be re-done by an alternate lawyer. The decision of the internal team of lawyers will be final and binding. This re-review of work is permitted only once and the decision of the internal team of lawyers shall be final and binding.
Any claims relating to bad service on the part of the Expert can be made within 24 hours of the date of service delivery.
22. Agreement to deal electronically
Your use of the Site is conducted electronically and you agree that CYBER SELKEY may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices. If you do not wish to deal electronically, do not use this Site. Delivery of electronic notices is not infallible, so you agree to contact CYBER SELKEY if you need information about the Site. You agree to keep all records relating to your use of the Site and to print or make an electronic copy of this Agreement and any disclosures provided on the Site. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Site CYBER SELKEY reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.
(All agreement in compliance to Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011)
23. License from CYBER SELKEY
1. CYBER SELKEY gives you a Personal non-exclusive license, unless expressly agreed in any other written agreement, to use the Website provided to you by CYBER SELKEY as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by CYBER SELKEY, in the manner permitted by these Terms.
2. You are not entitled to commercially exploit, either directly or by sale, or transfer commercially or profit from the Services and products.
3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
4. Unless CYBER SELKEY has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services or otherwise transfer any part of your rights to use the Services.
24. Security of Transactions
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
By using our Services, You shall defend, indemnify, save and hold us, our affiliates, employees, contractors, officers, directors. Agents and representatives harmless from all demands, liabilities, claims and expenses, including Lawyer’s fees, fees of third parties relating to or arising as a result of using our Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided.
When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect.
Under no circumstances, including negligence, shall We including our affiliates, employees, contractors, officers, directors. Agents and representatives or anyone else involved with us in providing the Services shall be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Our Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Our Website, records, programs or services. This paragraph shall apply to all content and functionality of our Services.
Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not, under any circumstances, exceed the amount of the felicitation charges paid to us by the User or by the Expert.
In addition, to the maximum extent permitted by law, in no event shall We or any of Our affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website.
26. Ending your relationship with CYBER SELKEY
1. The Terms will continue to apply until terminated by either you or CYBER SELKEY as set out below.
2. CYBER SELKEY may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) CYBER SELKEY is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful) or (C) providing a service such as providing a solution of your query. Each question considers as a new service.
3. When these terms come to an end, all of the legal rights, obligations and liabilities that you and CYBER SELKEY are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
27. Disputes with Users of the Services
CYBER SELKEY is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Services or the Expert, although we may undertake such action in our own discretion. In the event of a dispute with another User of the Services, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other User of the Services.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of Anand, State: Gujarat, India and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles.
Any dispute with CYBER SELKEY shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Anand, India. No party shall object to removal or prosecution of any litigation to a court within the jurisdiction of Anand, India.
Any dispute, controversy or claim arising out of or relating to these Terms and Conditions of Use including claims seeking redress or asserting rights under applicable law, shall be resolved and finally settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from time to time or its re-enactment (the “Arbitration Act”). The arbitration shall be conducted at Anand and shall be subject to the Indian Laws. The arbitration proceedings shall be given in English language. The Place of arbitration shall be at Anand. This arbitration tribunal would constitute of three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.
29. EXCLUSION OF WARRANTIES
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS”BASIS.
2. IN PARTICULAR, CYBER SELKEY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND CYBER SELKEY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBER SELKEY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
5. CYBER SELKEY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
30. LIMITATION OF LIABILITY
1. SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT CYBER SELKEYPROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. CYBER SELKEYAND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
2. YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. CYBER SELKEY SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL CYBER SELKEY ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CYBER SELKEY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
31. Other content to which references are made, links are provided, etc.
1. The Services may include hyperlinks to other web sites or content or resources. CYBER SELKEY may have no control over any web sites or resources which are provided by companies or persons other than CYBER SELKEY.
2. You acknowledge and agree that CYBER SELKEY is not responsible for the availability of any such external sites or resources, and does not endorse content, advertising, products or other materials on or available from such web sites or resources.
3. You acknowledge and agree that CYBER SELKEY is not liable for any loss or damage which may be incurred by you as a result of the non-availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
33. General legal terms
1. You will (as a result of, or through your use of the offering) use a Services or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods is subject to separate terms between you and the company or person concerned.
2. The terms constitute the legal agreement between you and CYBER SELKEY and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the Services you wish to avail of (but excluding any offering which CYBER SELKEY may provide to you under a separate written agreement), and completely replace any prior agreements between you and CYBER SELKEY in relation to the offering.
3. You agree that if CYBER SELKEY does not exercise or enforce any legal right or remedy which is contained in the terms (or which CYBER SELKEY has the benefit of under any applicable law), this will not be taken to be a formal waiver of CYBER SELKEY’s rights and that those rights or remedies will still be available to CYBER SELKEY.
4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
5. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. CYBER SELKEY may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to CYBER SELKEY’s Website must commence within one (1) year after the cause of action arose.
34. GRIEVANCE OFFICER In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
1. Name: Mr. Dhruveshkumar Panchal, (Cyber Expert at Cyber Selkey.)
2. Email ID: email@example.com
3. Address: F/4, Krishna Complex, Near Railway Station, Khambhat-388620.
35. Feedback and Reviews
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. You also acknowledge and agree to let CYBER SELKEY record your actions and track your IP while accessing the Website to help improve the current features. The User is aware that any and all such information provided or uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company or Website as permitted by applicable laws. The User is further aware that the Company or Website may occasionally request the User to write reviews for products or Services purchased or availed of by the User from the Website, and also reviews for the various sellers listing their products or Services on the Website. The User is aware that such reviews will help other users of the website make prudent and correct purchases, and also help the Company or Website remove sellers whose products are unsatisfactory in any way, and the User hereby expressly authorises the Company/Website to publish any and all reviews written by the User on the Website, along with the User’s name and certain contact details, for the benefit and use of other Users of the Website. By becoming a member of the Website and/or using the Services of the Website, you unconditionally and irrevocably confirm that you have read the above provisions and agree to abide by them. You may address any of complaint, grievances and queries to any of the contact details available on our CONTACT US link on our home page or in the alternative your queries and complaints may also be e-mailed to us at email@example.com.