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 Ovakil, please do not hesitate to contact us. In this agreement, we have referred to the Ovakil service as the “service”, to you as the “user” and to our agreement as the “agreement”.
If you wish to use our “Common Needs” feature, you affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties consequent to the creation of the documents, and are aware of the same. Kindly call us for further assistance.
OVAKIL ONLY PROVIDES A MEDIUM FOR INTERACTION
Ovakil is an internet portal that facilitates communication between legal professionals and potential users of legal services. Ovakil acts as a venue for providers and consumers of legal services to exchange information with the goal of eventually forming a professional relationship. Ovakil does not guarantee that users will successfully find an advocate/lawyer/attorney through this system. Ovakil takes no position and offers no opinion on when or if a lawyer-client relationship has been formed.
In order to provide an optimal forum for lawyers and clients, Ovakil does not involve itself in the agreements between lawyers and clients or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user, and not Ovakil, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates on this service.
a) Disclaimer of lawyer-client relationship
Ovakil is not an agent of any particular lawyer. It only facilitates the communication of lawyers and potential clients. Any electronic communication sent to Ovakil alone will not create a lawyer-client relationship between the user and Ovakil, such being expressly denied.
d) “Common Needs” – Resale of Forms Prohibited
Ovakil grants you a limited, personal, non-exclusive, non-transferable license to use our “Common Needs” feature for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use.
By ordering a document from Ovakil, you agree that the document you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Ovakil. Reselling or distributing without permission amounts to a violation of Ovakil’s exclusive copyright and is liable to prosecution.
b) Ovakil does not promote any User.
Ovakil seeks to help every needy litigant find a lawyer best suited to his/her needs. Ovakil is not intended to be a source of advertising or solicitation and the contents of the website should not be construed as legal advice. Ovakil may recommend a subscribing lawyer if he matches a user’s requirements, but not otherwise. Transmission, receipt or use of Ovakil does not constitute or create a lawyer-client relationship. No recipients of content from this website should act, or refrain from acting, based upon any or all of the contents of this site. We welcome the user to study the profiles of lawyers independently and make an informed choice.
e) Ovakil does not provide Legal Advice
Ovakil “Common Needs” feature uses only user supplied content to produce basic documents. The information provided in the FAQs section also does not amount to legal advice, such merely being commonly asked queries about Will making, Lease Agreement drafting, Cheque Dishonour notices, Money recovery notices, Power of Attorney to collect rent and other documents which may be added from time to time. Users are advised to consult a lawyer if they need specialized guidance on any of these documents.
c) Specifically, Ovakil does not provide any avenue for solicitation
Ovakil hides information about clients from lawyers until the client communicates with the lawyer directly or online. Therefore, the lawyer is not allowed to view private information about potential clients.
f) Disclaimer of representations by users
Ovakil makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the lawyers or law firms which are listed through this site or any affiliate thereof.
USER GUIDELINES
The users of Ovakil 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. Ovakil reserves the right to deny further access to its service to any user who violates these rules, is the subject of complaints by other Ovakil 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 Ovakil provides. Please do not try to gain access to system areas private to Ovakil, or to other users.
DISCLAIMER OF INFORMATION OBTAINED ON THE SERVICE AND SOME USER SUPPLIED CONTENT
a) Disclaimer of information obtained on the Service
Ovakil provides lawyers and potential clients with a forum whereby people who need legal representation or help are connected to providers of it. Ovakil is a resource for informational purposes and is intended, but not promised or guaranteed to be correct, complete, and up-to-date. The accuracy, completeness or adequacy of Ovakil is not warranted or guaranteed. Ovakil further assumes no liability for the interpretation and/or use of the information contained on this website. The owner of this website does not intend links from this site to other websites to be referrals to, endorsements of, or affiliations with the linked entities. Ovakil is not responsible for, and makes no representations or warranties about the contents of websites to which links may be provided from this website.
Ovakil will make every effort to ensure that promotional material of a user trying to promote himself on the website is deleted. Apart from this, the opinions and views expressed are those of the individual users of the service and do not reflect those of Ovakil. Data submitted by other users (lay persons) is not verified or reviewed in any way before it appears on the Ovakil website. Please use due caution when using this site.
Ovakil makes every effort to verify that lawyers who subscribe to the service are licensed and in good standing with the local bar at the time of registration. However, Ovakil cannot track, verify, or monitor the standing of each lawyer using the Service. Therefore, Ovakil makes no representation regarding the status, standing or ability of any lawyer or law firm that is listed on the site.
Users are urged to make their own independent investigation and evaluation of any lawyer or law firm being considered. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely on claims of expertise, or on the cost of rendering the requested legal services.
Ovakil is not responsible for, and in no way endorses any description or indication of specialization or limitation of practice by a lawyer or law firm. Efforts will be made to avoid false information, but please be aware that no agency or board may have certified such lawyer as a specialist or expert in any indicated field of law practice. In addition, a lawyer claiming specialization is not necessarily any more competent than other lawyers. It is up to the user to question the lawyers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted by lawyers and other parties. Although Ovakil requires lawyers to comply with all regulations governing lawyer conduct, it is impossible for Ovakil to monitor lawyer’s integrity.
Ovakil in no way endorses the content or legality of any offers, statements, or promises made by lawyers or any other parties, on or off this site.
b) Disclaimer of content supplied by users in the form of reviews, comments, communications, and other content
At various locations on the Site, Ovakil may permit visitors to post reviews, comments, and other content (the “user content”). Ovakil is not the publisher or author of such user content. It only stores and disseminates the ideas and opinions that Ovakil members may choose to post and distribute as user content. Ovakil disclaims all responsibility for this content. If any offending material is brought to the notice of Ovakil, it will be deleted as soon as is possible. Whether such material is indeed offending will be finally be left to the discretion of Ovakil.
LIMITATIONS ON USE
The contents of Ovakil 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 Ovakil. 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 Ovakil. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Ovakil, except to the extent permitted above. You may not use or otherwise export or re-export Ovakil or any portion available on or through Ovakil in violation of the export control laws and regulations of India. Any unauthorized use of Ovakil or its content is prohibited.
CONFIDENTIAL
Ovakil makes every effort to maintain the confidentiality of any information submitted by users to our system and our database of lawyers. 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. Additionally, because Ovakil cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. The user should preferably describe their issue or dispute in the general terms only. Specific information should only be revealed after the user has selected an advocate/lawyer/attorney and made contact outside the service (e.g. via telephone or appointment). Subscribing lawyers using this service should refrain from asking any user to reveal any specific or confidential information through the service. Ovakil is not responsible for the release or improper use of such information by users or any release due to error or failure in the System.
INDEMNIFY
The user agrees that Ovakil is not responsible for any harm that his/her use of this service may cause. The user agrees to indemnify, defend, and hold Ovakil 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 lawyer fees and costs. The user also agrees that this defense and indemnity shall apply to Ovakil, its founders, officers and employees. Ovakil 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 Ovakil.
DATA SECURITY
Ovakil 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.
LICENSE OF YOUR CONTENTS TO OVAKIL
By uploading content to or submitting any materials for use on Ovakil, you grant (or warrant that the owner of such rights has expressly granted) Ovakil a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. Ovakil however gives an assurance that any information of a sensitive nature will not be intentionally disclosed and revealed to any third party.
OVAKIL 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 Ovakil, 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 Ovakil 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 Ovakil and the permission of all other concerned parties. This is not a complete list – other things on the system are also Ovakil property. Contact Ovakil before copying anything from the system with plans of reproducing it or distributing it.
LINKING TO OVAKIL.COM
Users are welcome to provide links to the homepage of Ovakil, provided they do not remove or obscure, by framing or otherwise, any portion of the homepage and that you discontinue providing links to the site if requested by Ovakil.
ADVERTISERS
Ovakil may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Ovakil is accurate and complies with applicable laws. Ovakil will not be responsible for the illegality of or any error or inaccuracy in advertiser’s or sponsor’s materials.
REGISTRATION
Certain sections of Ovakil may require you to register. If registration is requested, you agree to provide Ovakil with accurate and complete registration information. It is your responsibility to inform Ovakil of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Ovakil 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 Ovakil immediately by contacting us. If we find that unauthorized use is being made of Ovakil and the services we provide, the right of any or many users may be terminated.
ERRORS AND CORRECTIONS
Ovakil 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. Ovakil may make improvements and/or changes to its features, functionality or service at any time.
THIRD PARTY CONTENT
Third party content may appear on Ovakil or may be accessible via links from Ovakil. Ovakil is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third party content appearing on Ovakil. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Ovakil.
UNLAWFUL ACTIVITY
Ovakil reserves the right to investigate complaints or reported violations of the Agreement and to take any action Ovakil 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.
REMEDIES FOR VIOLATIONS
Ovakil 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 Ovakil and its features.
CONFLICTS CHECKS
The user understands that a registered lawyer will not be able to and will not perform a check for conflicts of interest between the user and other clients of the registered lawyer prior to responding to a request. Conflict checks require the user to provide their name and contact information and the identity of any affiliated entities, opposing individuals and entities, and such other information as a lawyer may require. Conflict checks by a registered lawyer who obtains information from the user through this service are not possible since submissions by the user to the subscribing lawyer are not sufficient to enable the subscribing lawyer to conduct such a check.
SEVERABILITY OF PROVISIONS
The Agreement and the Privacy Policy constitute the entire agreement with respect to the use of the service provided by Ovakil. 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.
ALTORATION TO TERMS OF USE
Ovakil 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.
ALTORATION TO SERVICE
Ovakil reserves the right to modify or discontinue, temporarily or permanently, the service with or without notice to the user. The user agrees that Ovakil 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 effected without prior notice, and acknowledges and agrees that Ovakil may immediately delete data and files in the user’s account and bar any further access to such files or the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A great danger for Ovakil, 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 user’s 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 Ovakil 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, Ovakil 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. Ovakil 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. Ovakil 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 Ovakil 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. Ovakil 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 Ovakil shall create any warranty not expressly stated herein.
b) Limitation of Liability
The user agrees that Ovakil 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 Ovakil has been advised of the possibility of such damages. The user further agrees that Ovakil 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.
ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or Ovakil 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 Agra shall have jurisdiction in all such cases.
OWNERSHIP
This Site is owned and operated by Ovakil. 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 Ovakil. Except as otherwise expressly provided by Ovakil, 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 Ovakil’s intellectual property rights, whether by estoppel, implication or otherwise. Contact us if you have any questions about obtaining such licenses. Ovakil does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by Ovakil. Any rights not expressly granted herein are reserved by Ovakil.
ENTIRE AGREEMENT
This agreement constitutes the entire and whole agreement between user and Ovakil, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Ovakil 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 Ovakil services or accessing the Ovakil site, you acknowledge that you have read these terms and conditions and agree to be bound by them.
INDEMNIFY
You agree to defend, indemnify and hold harmless Ovakil, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the site and the materials.
