Support Center

1.   License
     a.   Grant.   This Agreement is entered into between "Subscriber", as defined in the Manupatra by Credit Card Registration and MANUPATRA GROUP ("Manupatra") regarding Manupatra by Credit Card ("Manupatra"), Manupatra's computer-assisted legal research service. Subscriber is granted a non-exclusive, non-transferable, limited license to access Manupatra. Manupatra consists of various Manupatra-owned and third party databases, services, functions and remotely-accessed gateways (collectively "Features") which may change from time to time. Access to certain Features may be restricted. Subscriber is licensed to use data made available on Manupatra ("Data," which includes "Downloaded Data" as defined below) solely in the regular course of legal and other research and related work. Certain Features are licensed subject to paragraphs 2 and 3 or subject to "Additional Terms" (as defined below), all of which take precedence over the license granted in this paragraph. Except as otherwise provided with respect to certain Data, the license includes the right to download and temporarily store insubstantial portions of Data ("Downloaded Data") to a storage device under Subscriber's exclusive control solely (i) to display internally such Downloaded Data and (ii) to quote and excerpt from such Downloaded Data (appropriately cited and credited) by electronic cutting and pasting or other means in memoranda, briefs and similar work product created by Subscriber in the regular course of its research and work. Subscriber may also create printouts of Data for internal use and for distribution to third parties if such third parties agree not to further distribute the printouts.
     b.   Limitations.   Subscriber may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Data, or any portion of the Data, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with Manupatra's prior written permission, or (iii) if not expressly prohibited by this Agreement or by the "Additional Terms", as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Subscriber's work product. Subscriber shall not sell, license or distribute Data (including printouts and Downloaded Data) to third parties or use Data as a component of or as a basis for any material offered for sale, license or distribution.
     c.   Rights in Data.   Except for the license granted in this Agreement, all rights, title and interest in Data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Manupatra and other contributors ("Contributors").
     d.   Additional Terms and Conditions.   Certain Features are governed by terms and conditions, including charges, which are different from those set forth in this Agreement ("Additional Terms"). Subscriber will be given an opportunity to review Additional Terms by receiving notice of such Additional Terms in writing or online or by such other means as Manupatra may determine. Additional Terms may be modified effective upon Manupatra giving Subscriber notice (in writing, online or otherwise) of the modification. By using Features governed by Additional Terms, Subscriber agrees to, and will be obligated to comply with, all such Additional Terms as well as the terms and conditions in this Agreement. All Additional Terms will be considered part of this Agreement.

2. Manupatra Proprietary Data
Subscriber may, via Manupatra functionality, direct Manupatra to transmit Manupatra-proprietary documents (i.e., documents not licensed from third parties) in electronic format to internal user(s) or to a third party who is an individual if such third party agrees not to further disseminate such documents. Subscriber acknowledges its responsibility in assuring compliance with the foregoing by any third party to whom Subscriber transmits Manupatra-proprietary documents pursuant to the preceding sentence. Direct transmission of electronic copies by Subscriber is prohibited.

3. Charges
Subscriber hereby authorizes Manupatra to bill the credit card entered in Subscriber's registration for all monthly charges incurred on Manupatra by Credit Card under Subscriber's personal password. Charges for use of Manupatra will be billed at then-current rates. Charges are exclusive of sales, use, value added tax (VAT) or equivalent, ad valorem, personal property and other taxes, which are the responsibility of Subscriber. Subscriber further agrees to provide Manupatra with alternate credit card information in the event the credit card entered in Subscriber's registration is declined for any reason. If your credit card is declined, Subscriber may be charged interest for overdue charges. Interest charged may be adjusted to the then-highest current rate allowable onMinnesota contracts. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Manupatra charges are non-refundable.

4. Manupatra.com ®
Manupatra.com is an Internet-based service that provides access to Manupatra. Manupatra grants Subscriber a non-exclusive, non-transferable, limited license to use Manupatra.com (including all versions and updates). Subscriber may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of Manupatra.com nor may Subscriber reproduce all or any portion of the components of Manupatra.com. Subscriber may use Data cached in Subscriber's local disk drive solely in support of its use of Manupatra.com. Certain software used by Subscriber may not be capable of supporting Manupatra.com. The performance of Manupatra.com varies with the manufacturers' equipment with which it is used.

5. Disclaimer of Warranties and Limitation of Liability
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ANY SCHEDULE OR LICENSE AGREEMENT, MANUPATRA, FEATURES, DATA AND MANUPATRA.COM ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. SUBSCRIBER'S EXCLUSIVE REMEDY AND MANUPATRA'S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO MANUPATRA, FEATURES, DATA OR MANUPATRA.COM WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF MANUPATRA CHARGES PAID BY SUBSCRIBER RELATIVE TO THE SPECIFIC FEATURE (i.e., DATABASE, SERVICE, FUNCTION OR GATEWAY) OR MANUPATRA.COM, AS APPLICABLE, WHICH IS THE BASIS OF THE CLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL MANUPATRA, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY MANUPATRA, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON DATA; (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, MANUPATRA, FEATURES, DATA OR MANUPATRA.COM, EVEN IF MANUPATRA, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING DATA. FURTHER, MANUPATRA SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. NEITHER MANUPATRA NOR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO MANUPATRA WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES MANUPATRA MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF MANUPATRA ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA.

6. Responsibility for Certain Matters
Subscriber is also responsible for all access to and use of Manupatra, including Features and Manupatra.com by Subscriber's personnel or Manupatra passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber is solely responsible for maintaining security of Manupatra passwords.

7. Limitation of Claims
Except for claims relating to improper use of Manupatra, Features or Manupatra.com, no claim, regardless of form, which in any way arises out of this Agreement, may be made, such claim brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

8. Term and Termination
This Agreement will become effective when Subscriber clicks on "I Agree". Thereafter, either party may terminate this Agreement upon 30 days prior written notice to the other party. Notwithstanding the foregoing, (i) Manupatra may terminate this Agreement immediately upon giving written notice of termination to Subscriber if Subscriber commits a material breach of any obligation to Manupatra under any other agreement between the parties. (ii) Subscriber may terminate this Agreement immediately upon giving written notice of termination to Manupatra after receiving notice of an amendment (as permitted under paragraphs 1(d) and 10) which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber; and (iii) either party may terminate this Agreement immediately upon giving written notice of termination to the other party if the other party commits a material breach of this Agreement.

9. Effect of Agreement
This Agreement (which includes all current and future Additional Terms) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement, Manupatra may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written or online notice.

10. Force Majeure
Manupatra's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.

11. Notices
Except as otherwise provided herein, all notices must be in writing to Manupatra at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-1803, Attention: Customer Service, and to Subscriber at the address provided by Subscriber during the Manupatra by Credit Card Registration.

12. General Provisions
This Agreement will be governed by and construed under the law of the state of Minnesota , U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without Manupatra's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

TERMS AND CONDITIONS OF USE OF creditcard.manupatra.com	Version 3.1

1. DEFINITIONS

1.1. The term “provider,” including all its synonyms and would mean “manupatra.com,” and Manupatra Information Solutions Private Limited having its registered office at E-192, New Rajinder Nagar, New Delhi 110 060 and corporate office at B-37, Floor 1A, Sector 1, NOIDA, 201301, (Hereinafter termed as “Manupatra”). The term would also include any agent(s) who have been so authorized by Manupatra to act in their behalf.

1.2. The term “authorized user” would include any person, whether an individual or a legal entity who has subscribed to the services of Manupatra, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Manupatra or chosen by the user or agreed upon by Manupatra. It is made abundantly clear that only the authorised user has the right to access the services so offered by Manupatra.

1.3. For the purposes of this subscriber agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an “unauthorised user” and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.

1.4. The term “User” would include both the authorised and unauthorised user(s)

1.5. The terms “service” or “services” would mean to include the interactive online information service offered by Manupatra on the internet through which the user may access judgments, statutes, rules and procedures etc. the terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record.

1.6. The term “organization” would be used to define any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person.

1.7. The term “Downloaded Data” means insubstantial portions of the Data downloaded and temporarily stored to a storage device under Subscriber's exclusive control.

1.9. The term “Order Form” means any order form attached to this Agreement, either in print or online, setting out the Data and Features including subscription plan available to Subscriber and the price charged therefor.

2. WEBSITE LICENSE

2.1. The services so offered by Manupatra, are subject to the user agreeing to all the terms and conditions of the license.

2.2. Manupatra grants the user a non-exclusive, non-transferable, revocable, limited license to access and use the Web Site.

2.3. User has a limited right to use the content downloaded from our Web Site strictly for personal use only.

2.4. Manupatra reserves the right to terminate this license at any time for any reason.

2.5. No material/content downloaded from the Web Site of Manupatra shall be reproduced, transmitted or stored in any other Web Site nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of Manupatra.

2.6. It is made abundantly clear that Manupatra does not have absolute control over the contents posted on the web site and hence does not guarantee the accuracy, quality or integrity of such content. The views expressed in the article section of the web site are those of the respective authors and not of manupatra. Any illegal or offensive content posted on the site, if detected, should be brought to Manupatra's attention for immediate action. Manupatra will not be responsible in any manner for any defamatory or contemptuos matter posted herein.

3. SUBSCRIPTION

3.1. In order to become and remain an authorised user a party has to

3.1.1. Complete the credit card .manupatra.com order form;

3.1.2. User hereby authorizes Manupatra to bill the credit card entered in the order form for all monthly charges incurred on Manupatra by Credit Card under User's personal password. Charges for use of Manupatra will be billed at then current rates. Charges are exclusive of Service tax or any other taxes, which are the responsibility of the users. User further agrees to provide Manupatra with an alternate credit Card information in the event the credit card entered in the registration form is declined for any reason. All collection charges/fees, including but not limited to attorneys fees, are payable by the user. Manupatra charges are non-refundable.

3.1.3. Pay for usage of information/data according to the Manupatra product pricing policy. The pay by document fee applicable and the product price information price card are available from Manupatra on request.

3.2. After payment of the subscription fee applicable and after reading this entire document and the Terms and Conditions and Copyright Notice contained in it, the intending subscriber should confirm that he/it accepts all the terms and conditions herein and agrees to be bound by them and to observe them strictly by clicking the “I accept” button on the program and/or by submitting to Manupatra the registration form included in this document. It is made clear that by clicking on the “I ACCEPT” button, the party gets all the rights and liabilities as it would have got in case of physically signed any document.

3.3. In the case of organisations the individual signing shall be presumed, by the act of signing, to have represented that he has the full authority of the organization to sign and act on its behalf. The organisation shall provide Manupatra with the names of all its members who will be the authorised users of the service and the said organization shall ensure that its access rights are restricted to members proposed by them. The organizations will be directly responsible and liable in case of any misuse of the service.

3.4. After completion of what is prescribed in 3.1 to 3.3 above, the subscriber will obtain his/its sign-in identity and password allotment/ permission to use which will constitute the offer and acceptance of the terms and conditions herein by Manupatra and the intending subscriber, thus constituting him/ it an authorised user herein permitted to avail the service and/or access the data and information of Manupatra, in any form, and shall hereinafter be referred to as “subscriber”.

3.5. The subscriber shall be responsible for keeping secure the user identity and password required to access the Online Service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password should not be shared with unauthorized users. Manupatra reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorized user.

3.6. An organisation may subscribe and obtain multiple license access for multiple users who are valid constituents of that organisation. For this purpose, paid employees of any organization, patrons of a library, and enrolled students, faculty and other staff members of an educational institution are considered “valid” constituents. Provided however, that the organisation shall bear the sole responsibility for ensuring the compliance with and observance of the terms and conditions herein entered by its constituents and shall be liable for actions of its constituents in relation to the Online Service and its contents.

3.7. The subscriber accepts that by the action of viewing and/ or downloading the information from the Manupatra website, it has performed the action of using the Manupatra website.

3.8. In addition to the subscription fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation and which Manupatra may apply to the total billing of the subscriber.

3.9. A statement of the usage charges, for subscribers under credit card.manupatra.com, which the subscriber may incur, will be available sent vide email y the 7^th of the following month. This shall be treated as final and binding unless the subscriber shall bring to the notice of Manupatra any discrepancies within seven days of the charge having been debited to it/him after which period any such charges shall be deemed to have been debited and accepted by the subscriber.

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3.10. Initial Validity of the pre-paid card is as per the validity displayed on the card. The validity period commences from the day the subscriber completes the on-line registration form and submits it to Manupatra. Subsequently recharging the card would reset the validity period of the card in terms of the validity of the new card purchased to recharge the pre-paid card.

3.11. Manupatra reserves the right to change the validity period at any time, at its sole discretion and without any notice whatsoever. The pre-paid card shall be automatically deactivated when the value of the card is exhausted or the validity period expires, whichever is earlier. Manupatra shall not refund the residual value of the pre-paid card to the subscriber.

3.12. The pre-paid card subscriber should recharge the card within 10 days (grace period) of expiry of the validity period, or else the card will be deactivated. At the end of the validity period, if any sum is outstanding against the pre-paid card, the same would be added to the value of the recharge card, provided the recharging of the pre-paid card is within 10 days after expiry date excluding the expiry day.

3.13. The manu credit subscriber has to pay a one-time registration charge. He will be allotted a sign-in name and password as per the registration request. The registration charges shall be non refundable.

3.14. In case of manu credit subscriber, Manupatra will raise the invoice of the total uses on the monthly basis. There will be handling charges @ 15% and service tax as per applicable on the total uses charges.

3.15. In case of manu credit subscriber, if the total uses charges increase above Rs. 1500 before the billing cycle, the subscriber will be notified and the special invoice will be raised. The subscriber has to pay the due amount within 3 days from the date of notification/invoice otherwise the services to that account will be stopped.

4. PAYMENTS

4.1. Payments can be made either by a cheque/DD. No cash will be accepted. However, Pre-Paid cards can be purchased in cash. The payment made against the Subscription or pre-paid card is not refundable under any circumstances.

4.2. Subscribers under manu credit will have to pay the amount due as per invoice within 7 days of the date of invoice.

5. DELAYED PAYMENTS

5.1. Without prejudice to the rights of Manupatra, under this subscription or otherwise, to demand the payment of and/ or recover the amounts due from the subscriber, in the event of the subscriber failing to pay the subscription and usage charges within the stipulated period, Manupatra reserves the right to discontinue the subscriber's right to access Manupatra web site and to levy penalties including interest on the amounts outstanding. Manupatra also reserves the right to recover the said amount from the subscriber in any legal manner, under civil or criminal law, and the subscriber shall be liable for any costs thereof.

6. MODIFICATIONS

6.1. The prices, terms and conditions and/ or other matters provided in the Price List, and any modifications carried out by Manupatra and any notices served upon the subscriber by Manupatra shall be deemed to be included in the terms and conditions herein.

6.2. Manupatra reserves the right to modify the terms and conditions including the subscription and the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect by Manupatra by electronic mail.

6.3. The subscription amount paid by the subscriber shall be for the fixed term/ plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term. However, the introduction of any additional feature/ database by third party content provider through Manupatra will be made available to the existing subscriber only after making up the deficit payment.

6.4. The subscriber's continued use of service after the publication of the notice conveying the modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.

6.5. Manupatra has the right to prevent access to all or part of the Web Site without notice, if the conduct of the user is in contravention with the Terms and Conditions of Use or the applicable laws. Manupatra shall have a right to make such additions to, deletions from and other modifications, as it may deem fit, of the database and in the database, and/ or the manner of presenting and providing such databases, including the basic structure and features thereof, without giving notice thereof to the subscriber.

6.6. Manupatra shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of the Service.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Except as expressly provided in the Terms & Conditions of Use of the Web Site Manupatra, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

7.2. The user agrees that copyrights, trademarks, patents, designs and other proprietary rights and laws protect the Web Site. Any rights not expressly granted herein are reserved.

7.3. The user is also cautioned against any conduct on his part that infringes or purports to infringe the copyright or other proprietary rights or laws. The user shall not, under any circumstances whatsoever, use the printouts of the material available on this Web Site for any purpose that violates the copyright or any other proprietary rights of Manupatra. The user shall not remove the copyright notices or other notices from the printouts of material taken from the Web Site.

8. COPYRIGHT LAWS

8.1. Content or information available on the Web Site Manupatra is protected by the Copyright Act 1957 and is subject to Manupatra's Copyright.

8.2. Certain information and data made available by Manupatra are the property of the content provider's and are identified as such. Manupatra has been licensed by the content providers to store, catalogue and distribute this information to its subscribers. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the user. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.

9. LIMITATIONS ON USE

9.1. The Content on the Web Site is for personal use only and not for commercial exploitation.

9.2. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or users.

9.3. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without Manupatra's prior written permission.

9.4. You may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.

9.5. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available, on or through the Web Site in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content is prohibited.

9.6. Combine the whole or any part of the Data with any other software, data or material.

9.7. Subscriber may use Data cached in Subscriber's local disk drive solely in support of its use of the Service.

9.8. Certain software used by Subscriber may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it is used.

9.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.

9.10. Subscriber undertakes to use its reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Subscriber Agreement.

9.11. Subscriber shall use its reasonable endeavours to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.

9.12. The text of all the judgments provided on the site are computer generated. The authenticity, correctness and preciseness of the text of the judgments must be verified from the certified copy of the judgment.

10. TERMINATION

10.1. Notwithstanding anything contained herein, either party shall be entitled forthwith to terminate this subscription. In case of Manupatra terminating this subscription, it shall within 10 (ten) days of termination repay on pro-rata basis advance payment, if any, made to it for the balance period and on such repayment, Manupatra may forthwith discontinue the subscriber's right to access the Service. However Manupatra shall not be liable to make any refunds in the event of subscriber indulging into activities strictly refrained from.

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In case of the subscriber terminating this subscription, the subscriber shall be responsible and liable for all charges up to the time at which Manupatra actually receives the notice of termination.

11. CONSEQUENCES OF TERMINATION

11.1. The warranties and indemnities, the provisions in relation to the payment of money due to Manupatra and the restrictions on the rights of the subscriber in relation to the use of the Database, contained herein shall survive the termination or expiry of this subscription.

11.2. Upon termination, the user must destroy all materials obtained from the Web works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout Site.

12. LICENSE OF YOUR CONTENT TO PROVIDER

12.1. By uploading Content to submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative the universe.

13. ERRORS AND CORRECTIONS

13.1. Manupatra makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not represent or warrant that the information available on or through the Web Site will be correct, accurate, reliable, uninterrupted, or timely.

13.2. Manupatra does not represent or warrant that the Web Site will be error free, free of viruses or other harmful components, or that the defects will be corrected.

13.3. The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lost data.

13.4. The user shall not post or transmit any material that contains a virus or corrupted data. Manupatra reserves the right in its sole discretion and without any obligation, to make improvements and/or changes to its features, functionality or material, at any time.

13.5. The user shall also not post any material, links to any material, which violate any laws of India.

14. NO LEGAL ADVICE

14.1. Material or information contained on or made available through the Web Site is not intended to and does not constitute legal advice nor does it, in any manner establish a client – advocate relationship.

15. ADVERTISEMENTS

15.1. Manupatra may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws.

15.2. Manupatra will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.

16. PRIVACY

16.1. The user of the Web Site Manupatra is subject to Manupatra's Privacy Policy available through this link.

17. NOTICE

17.1. Except as provided in clause 8.2 hereof, no notice consent or the like (in this clause referred to generally as “notice”) required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/ its address as set out above or as otherwise notified in accordance with this clause.

17.2. A notice given personally shall be deemed given at the time of delivery.

17.3. A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.

17.4. Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.

17.5. The user is to keep himself aware of the terms and conditions of the website, by checking this page at least once on a month. No further notice shall be given to the user of the change in the terms and conditions one is subjected to.

18. SEVERABILITY OF PROVISIONS

18.1. The Terms and Conditions of Use incorporate by reference, any notices contained on the Web Site, the Privacy Policy, Copyright, Terms and Conditions, which together constitute the entire agreement with respect to access and use of the Web Site. If any provision of the terms of use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

19. INDEMNIFICATION

20.1. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Site, or your violation of any rights of a third party.

20. REMEDIES FOR VIOLATIONS

20.1. Manupatra reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular Internet address to Manupatra's website and its features.

21. GOVERNING LAW AND JURISDICTION

21.1. The Terms and Conditions of Use are governed by and construed in accordance with the Indian Law and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at New Delhi only and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

22. WAIVER

22.1. The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.

23. Exclusion of liability

23.1. Manupatra makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.

23.2. The information/material provided on the Web Site is provided on an “As Is” basis. Manupatra accepts no responsibility with respect to the information on the Site expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

23.3. Manupatra shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of Manupatra).

23.4. Manupatra shall not be liable in contract, tort, delict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of Manupatra).

23.5. Without prejudice to the generality of clause 24.3. And 24.4, in no event shall Manupatra, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any way to

(i) Subscriber's inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely, even if assisted by Manupatra, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on the Data.

(ii) any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to Subscribers' rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of such damages.

23.6. Subscriber shall accept sole responsibility for and Manupatra shall not be liable for the use of the Service by Subscriber, or any User and Subscriber shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.

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23.7. Manupatra disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:

23.7.1. Any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors

23.7.2. Any third party Web Sites or Content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from

23.7.3. The unavailability of this Site or any portion thereof;

24.7.4. Your use of any equipment or software in connection with the Site; or

23.7.5. Your use of the Site.

23.8. Manupatra Information Solutions Pvt. Ltd. shall not responsible if any information/page is downloaded from Manupatra and after downloading complete/partial, text/information is altered/removed/obscured contained therein.

24. Limitation of Liability

24.1. Subscriber's exclusive remedy and Manupatra's (its Affiliates' and/or Contributor's) entire liability under this Agreement if any, for any claim[s] for damages relating to the Service, Features or Data made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the Service Charges paid by Subscriber relative to the specific Feature (Database, Service, function or other gateway) which is the basis of the claim(s) during the 12 month period preceding the event giving rise to such claim.

24.2. None of the terms of this Agreement shall operate to:

(i) exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or their Affiliates whilst acting in the course of their employment; or

(ii) affect statutory rights where this Agreement is entered into as a consumer transaction .

25. LINKING TO THE WEB SITE

25.1. A User may provide links only to the homepage of this Web Site, provided

25.1.1. The user do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site,

25.1.2. The user gives us a notice of such link by sending an e-mail to contact@manupatra.com and

25.1.3. The user discontinues providing links to this Site if requested by us. If you wish to provide links to a section within the Web Site, you should forward your request to us at contact@manupatra.com and we will notify you if permission is granted, and if so, the Terms and Conditions of permission.

26. LINK TO OTHER WEBSITES AND LINKING DISCLAIMER

26.1. Third party Content may appear on the Web Site or may be accessible via links from the Web Site. Manupatra shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party Content appearing on the Web Site. Manupatra has no control or authority either over the Content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of Manupatra.

26.2. Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed by Manupatra.

27. Force Majeure

27.1. Manupatra's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of Manupatra, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.