Terms of Service

WELCOME TO Legaleye

Thank you for choosing to retain the services of Legaleye to represent you at the Controller General of Patents, Designs, and Trade Marks and to provide Intellectual Property related services. Each member of the firm may legally serve clients throughout India.

In lieu of a signed paper version of this attorney engagement agreement, an electronic version would be presented to which you will be agreeing to, along with sending your first payment to the firm.

Since we will not be meeting face to face, it is important to set out the terms of the agreement clearly in advance.

If you have any queries about Legaleye, please do not hesitate to contact us. In this agreement, we have referred to the Legaleye service as the “service”, to you as the “user” and to our agreement as the “agreement”.

FEES AND ACCOUNTING

Before embarking on a service, the firm requires a refundable payment for the estimated cost of a service. For larger amounts (greater than Rs 10000), payment plans are an option but we only file documents with the Trademark Office when payment is fully received.

Services include conducting a search, drafting and filing an application, responding to an objection or opposition, filing an assignment or information disclosure document, Trademark renewal, receiving communications from (CGPDTM). Please note that the payment of Rs 999/- does not include government fees for trademark registration. This payment of Rs 999/- only covers cost for Trademark application. In case of an opposition, objection, renewal, trademark assignment or a trademark proceeding, subsequent payment as required would be necessary to be made by the user, in order to continue/avail our services.

All invoices are sent electronically, that is, an email will be sent with a link to view your invoice in a web browser and payments may be made via electronic check.

III.USER GUIDELINES

a) Your Obligation
Trademarks must be renewed every 10 years. While we make every effort to stay in touch, you as the client must keep the firm informed of your contact information. Please update us via this website concerning all changes to your address, email, phone number, and so forth, as applicable. In the absence of your express instructions, there is no obligation on the part of the firm to take any action.


b) Keeping Client Informed
You will be kept informed of the status of your Trademark application(s) as they progress at the Controller General of Patents, Designs, and Trade Marks. The firm will request your approval for each action at the (CGPDTM) and comply with your decisions in this respect, subject to ethical and legal obligations as well as professional judgment. The firm will promptly comply with your reasonable requests for information regarding the status of your case(s).


c) Withdrawal
At any time, you may choose to terminate the services of the firm by filing a revocation and notifying the firm in writing. All outstanding invoices must be paid and you must consent to signing any necessary forms for submission at the (CGPDTM).


d) Rules


The users of Legaleye are granted a nonexclusive, limited right to access and use the service in accordance with the rules that are described in this contract. In order to keep this system attractive and useful for all users, it is important that users follow the rules of the system. Legaleye reserves the right to deny further access to its service to any user who violates these rules, is the subject of complaints by other Legaleye users or for any other reason.

Users engaged in any of the following activities on our system will not be tolerated:

Foul or otherwise inappropriate language.

Racist, hateful, or otherwise offensive comments.

Promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual.

Defame any person or group which includes people of all ages, races, religions, and nationalities.

Violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation).

Violate Internet standards.

Use the service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other’s privacy.

Interfere with or disrupting the service or servers or networks connected to the service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail.

Compromise the security of the service Legaleye provides. Please do not try to gain access to system areas private to Legaleye, or to other users.

CONFIDENTIALITY

Legaleye makes every effort to maintain the confidentiality of any information submitted by users. The user is however warned that the use of the internet or e-mail for confidential or sensitive information is susceptible to risks that inevitably arise on this medium.

The firm agrees to preserve your confidentiality as our client in accordance with Sections 126 to 129 of The Indian Evidence Act, 1872.

CANCELLATION AND REFUND POLICY

We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates.

However, there may arise situations when you desire a refund. Firstly, when you pay for the services but later on decide that you do not wish to avail them. Secondly, when there is a delay in the services offered from our side, beyond the time frame we have intimated to you, due to human error i.e., factors for which we are solely responsible. Thirdly, although we highly doubt it, you might find our services unsatisfactory. In all three situations, kindly send in an e-mail to on the Ticket that has been created in your name.

Upon receiving your mail, the Senior Management at Legaleye shall decide on whether your request for a refund should be processed, contingent on the reasons for such a request. Please note that we reserve the right to take the final and binding decision with regard to requests for refund.

Most importantly, we wish to clarify that in cases outside our control, including but not limited to national holidays, department holidays, delays on the part of the Government of India, the respective State Governments, Our affiliates or elsewhere, acts of war, acts of God, earthquake, riot, sabotage, Labour shortage or dispute, internet interruption, power disruption, lack of phone network connectivity, technical failures, breakage of sea cable, hacking, piracy, we shall not liable for any delays.

If we confirm your request for refund, subject to the terms and conditions mentioned herein or elsewhere, we will send you an e-mail seeking the details required to refund the amount which may include your Bank Account details such as the account number and the IFSC code of the branch in question. Kindly note that it will take us a minimum of about 3 working days from the receipt of all such information to process the refund and initiate the transfer.

We reiterate once again that only the professional fees paid for our services shall be refunded, subject to the discretion of the Senior Management at Legaleye.in.

We assure you that we are continuously working to improve our services and are we are welcome to any suggestions from your end. For any other queries please contact out customer service desk at Legaleye.in.

NOTE:

No refund shall be issued if we processed the registration/application as per the government guidelines and issuance of the certificate is pending or delayed on part of a government department or officials.

We will deduct INR 350 (Three hundred and fifty rupees only) as an administrative charge if application would not be able to process due to non-submission of requisite documents as per government guideline or any kind of non-cooperation from applicant or any other circumstances which restricting us to process the application.

If any government fee, duty, challan or any other sum paid in the course of processing registration application. We will refund the payment received after reducing government fee paid by us.

We appreciate your interest and support and we welcome you to our community!

LIMITATIONS ON USE

The contents of Legaleye are for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Legaleye. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the contents without taking prior written permission from Legaleye. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Legaleye, except to the extent permitted above. You may not use or otherwise export or re-export Legaleye or any portion available on or through Legaleye in violation of the export control laws and regulations of India. Any unauthorized use of Legaleye or its content is prohibited.

VII. INDEMNIFICATION

The user agrees that Legaleye is not responsible for any harm that his/her use of this service may cause. The user agrees to indemnify, defend, and hold Legaleye harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service. The user agrees that this defense and indemnity shall also apply to any breach by the user of the agreement or the foregoing representations, warranties and covenants. The user further agrees that this defense and indemnity shall include without limitation of lawyers fees and costs. The user also agrees that this defense and indemnity shall apply to Legaleye, its founders, officers and employees. Legaleye reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user and the user shall not in any event settle any matter without the written consent of Legaleye.

VIII. COMMUNICATIONS AND OTHER DATA

Legaleye is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasons.

LEGALEYE PROPRIETARY RIGHTS

Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. The user agrees that the content and Web Site are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. The user acknowledges and agrees that the user is permitted to use this material and information only as expressly authorized by Legaleye, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The user acknowledges and agrees that Legaleye can display images and text throughout the Service. Users cannot extract and publish any information from the system, either electronically or in print, without the permission of Legaleye and the permission of all other concerned parties. This is not a complete list – other things on the system are also Legaleye property. Contact Legaleye before copying anything from the system with plans of reproducing it or distributing it.

REGISTRATION

Certain sections of Legaleye may require you to register. If registration is requested, you agree to provide Legaleye with accurate and complete registration information. It is your responsibility to inform Legaleye of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Legaleye does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, please notify Legaleye immediately by contacting us. If we find that unauthorized use is being made of Legaleye and the services we provide, the right of any or many users may be terminated.

ERRORS AND CORRECTIONS

Legaleye does not represent or warrant that the service will be error-free, free of viruses or other harmful components, or that defects will be corrected. Legaleye may make improvements and/or changes to its features, functionality or service at any time.

XII. UNLAWFUL ACTIVITY

Legaleye reserves the right to investigate complaints or reported violations of the Agreement and to take any action Legaleye deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

XIII. REMEDIES FOR VIOLATIONS

Legaleye reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including but not limited to the right to block access from a particular Internet address to Legaleye and its features.

XIV. SEVERABILITY OF PROVISIONS

The Agreement and the Privacy Policy constitute the entire agreement with respect to the use of the service provided by Legaleye. If any provision of these terms and conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

MODIFICATIONS TO TERMS OF USE

Legaleye may change the agreement at any time. The user will be responsible for checking the Terms and Conditions before use. Use of the service after the change will indicate acceptance of the new terms and conditions.

XVI. MODIFICATIONS TO SERVICE

Legaleye reserves the right to modify or discontinue, temporarily or permanently, the service with or without notice to the user. The user agrees that Legaleye shall not be liable to the user or any third party for any modification or discontinuance of the service. The user acknowledges and agrees that any termination of service under any provision of this agreement may be affected without prior notice, and acknowledges and agrees that Legaleye may immediately delete data and files in the user’s account and bar any further access to such files or the Service.

XVII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

A great danger for Legaleye, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault. If a user uploads a program with a computer virus, and the other users’ computers are damaged, we might be blamed even though a user left the virus on our System. If a user transmits illegal or improper information to another user, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.

Although it is the goal of Legaleye to provide users with reliable and quality systems, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, Legaleye must deny any warranties on this service and state that our liability for any problems connected with the use of our system is strictly limited.

These needs are accomplished by the following disclaimers:

(a) Disclaimer of Warranties

The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. Legaleye expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Legaleye makes no warranty that the service will meet a user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Legaleye make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Legaleye makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the User from Legaleye shall create any warranty not expressly stated herein.

(b) Limitation of Liability

The user agrees that Legaleye shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Legaleye has been advised of the possibility of such damages. The user further agrees that Legaleye shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.

XVIII. ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or Legaleye services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Chennai shall have jurisdiction in all such cases.

XIX. OWNERSHIP

This Site is owned and operated by Legaleye. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by Legaleye. Except as otherwise expressly provided by Legaleye, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Legaleye’s intellectual property rights, whether by estoppel, implication or otherwise. Contact us if you have any questions about obtaining such licenses. Legaleye does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by Legaleye. Any rights not expressly granted herein are reserved by Legaleye.

ENTIRE AGREEMENT

This agreement constitutes the entire and whole agreement between user and Legaleye, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Legaleye and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. It is your responsibility to review these Terms and Conditions periodically.

By using Legaleye services or accessing the Legaleye site, you acknowledge that you have read these terms and conditions and agree to be bound by them.

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