DIGEST OF THE DRAFT

The Platform LegalFund has been introduced by Legalfund itself, a Private Limited Firm having its office at 514, Usha Kiran Building, Azadpur, New Delhi-110033, India (hereinafter referred to as “Owner”, “We”, “LegalFund” or “Us”) to facilitate litigation financing service in which Legalfund provide funds to the claimants to proceed their litigation claims.

ENTRANCE TO THE PLATFORM 

The brand name LEGALFUND and the website www.legalfund.in is owned by LegalFund Private Limited. And all people i.e. visitors/ Users who use the said website/link/platform are known as Users (hereinafter referred to as “You”, “User”). 

You the user are being authorized to use the LegalFund website/link (hereinafter referred to as “Platform”) as per terms and conditions set out in the present draft. By accessing, browsing, or otherwise using the website/link/platform will be construed as your unequivocal and irrevocable acceptance and acknowledgement of the terms and conditions and policies thereof. 

Before using the platform, you the user must read the terms and conditions of the agreement/draft. If you start using our platform then we will presume/understand that you have read the term and conditions established by us well and have given your consent to it. By mere use of our platform, you shall be contracting with these terms and conditions including the policies that constitute your binding obligations, with us. 

LegalFund can allow or disallow the user to access the platform. We also reserve the right to change any of the terms and conditions contained herein at any point in time. It is your responsibility to periodically review any updates and changes in the terms of use by us. If you are unable to review the update and continue to use the platform it will be considered as your acceptance of such updates and changes.

LegalFund reserves the right to refuse access to the uses of the services offered at the platform to new users or to terminate access granted to existing Users at any point in time without assigning any reasons for doing so.

APPLICABILITY OF LAWS 

All users of the platform shall comply with all applicable laws in India such as the Information Technology Act, 2000, the Indian Contract Act, 1872, Sales of Goods Act, 1930 along with their amendments, notifications and Rules thereof and any other laws which are directly or indirectly related to the business we deal with.

USER ACCOUNT 

The creation of an account on the Platform is free for Users. But LegalFund reserves its right to change the fees policy in future. Any changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately therefrom. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Users can use and access the platform free of charge. However, at any time in future, after duly notifying in advance, LegalFund reserves its right to charge the users for the use of the platform.

COMMUNICATIONS

The user needs to provide a valid email address and/or phone number in order to use the platform. If the user sends a message by Whatsapp, email address, phone number, SMS or anyone other medium to the platform, it amounts to a valid consent from the user side as provided in the Contract Act. That the owner can use such email address, phone number, Whatsapp or any other medium for sending SMS/ notifications/any other information to the user which may be related to our products or services updates or otherwise. Sign in on the platform by the user is a kind of implied consent in favour of the owner for use of data /information for communication purposes or otherwise. Using such information/ data by the owner is not an infringement of any legal or statutory right of the user because the user consent for the same; hence no claim will be maintainable against the owner that we are using such data/information.  

SEVERABILITY:

Each of the provisions in these terms is severable and distinct from the others and if at any time one or more such provisions become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

FORCE MAJEURE

Notwithstanding anything contained in these Terms or elsewhere, LegalFund shall not be held responsible for any loss, damage if such loss, the damage is attributable to a Force Majeure Event.

A “Force Majeure means any event that is beyond LegalFund reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

DISPUTES

Any kind of complaints relating to our services will be resolved mutually or with help of law, regarding the product which may be raised by the user and other complaints to the satisfaction of the user. That, the owner of the platform shall not be responsible for ensuring resolution of the complaints on any losses as “investment is subject to market risk” and shall not be in any manner either directly or indirectly be liable for any claims or proceedings made by any user in relation to the services provided on or through the platform or otherwise. 

INTELLECTUAL PROPERTY RIGHT

The intellectual property right law is a very vital law of the land to protect the right of the creator of such intellectual property. We look forward to protecting the rights hence all content on the platform like; text, graphics, logos, button icons, images, audio data compilations, and software, is the property of LegalFund and any portion of the platform cannot be produced/reproduced and used anywhere else without the prior consent of the owner. It may be related to Trademark, copyright and patent. The trademarks, logos and service marks displayed on the website/link/application/platform are the properties of LegalFund or its affiliates, associates or its content suppliers or users or respective third parties. 

Users are not permitted to use the Marks without the prior consent and terms and conditions levied by LegalFund or the actual owner of the intellectual property.

That the LegalFund is the owner of all content of copyright, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise.

If Users or publish use any image, graphics, mark, logo, design and other intellectual property which they did not own, without prior permission of the actual owner, the user shall only be responsible for the loss/damage if any caused to the real owner of such property. The owner of the platform cannot be held liable for the same. We do not support any such act which infringes the legal rights of others. 

DISCLAIMER

You, being a User of the platform expressly agree that the use of the platform is at your sole risk. The contents made available by the user and uploaded or provided or shared on the platform as it is and as available and no changes/modification has been done to such content and information hence, without any warranty of any kind whether express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and LegalFund does not accept any liability for any errors or omissions.

LIMITATION OF LIABILITY

The owner, its executives, partners, employees and associates shall not be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, loss, profits, or damages resulting from the use or inability to use the website/link /platform.

INDEMNITY

The user agrees to indemnify harm to each other and put LegalFund and its executive, partners, shareholders, employees out of the purview. 

Further, the LegalFund is also out of the purview of all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations or covenants of the User (iii) breach of the policies, guidelines and conditions of LegalFund or Additional Terms or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives after the termination of the present agreement.

VIOLATION OF THESE TERMS OF USE

LEGALFUND may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally).

You acknowledge and agree that LEGALFUND may preserve any transmittal or communication by you with LEGALFUND through the platform and may also disclose such data if required to do so by law or LEGALFUND determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of LEGALFUND, its employees, users of or visitors to the Site/Platform, and the public.

You agree that LEGALFUND may, in its sole discretion and without prior notice, terminate your access to the platform and/or block your future access to the LegalFund if we determine that you have violated such Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LEGALFUND, for which monetary damages would be inadequate, and you consent to LEGALFUND obtaining any injunctive or equitable relief that LEGALFUND deems necessary or appropriate in such circumstances.

You agree that LEGALFUND may, in its sole discretion and without prior notice, terminate your access to the platform, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Platform or any service offered on or through the Platform, or (4) unexpected technical issues or problems.

TERMINATION

LEGALFUND reserves the right to terminate the services of the platform provided to any user without prior notice in the event of any default committed by the user including but not limited to the breach of any applicable law, policies, guidelines and conditions of LegalFund’ service or term and condition set down by the owner. That the owner can terminate the user account if he/she/it is not useful for the business. 

After termination of the account, the owner can store and use the data, information or any other information which has been stored in our server.

If LEGALFUND does take any legal action against you as a result of your violation of these Terms of Use, LEGALFUND will be entitled to recover any loss from you, and you agree to pay, all reasonable costs arising out of such set-off, in addition to any other relief granted to LEGALFUND. You agree that LegalFund will not be liable to you or any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.

COVENANTS:

a. Use of the Platform: All users of the platform will be subject to users agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise. That the term of use and policies described in the covenants are known as Additional Terms and if any conflict of interest between the earlier term of use and the present one, then a harmonious view will draw. If no conclusion has arrived the additional terms will prevail over the earlier one. You agree to use the Platform and the materials provided on the Platform only for purposes that are permitted by these Terms and any applicable law. You shall not use or access the Platform in a manner that prejudicially affects the interests and goodwill of LEGALFUND or its affiliates or associates.

b.      Content on the platform: You the User agree and undertakes that the reviews, comments and other information provided or posted or uploaded on the platform are not false, incomplete, distorted, manipulated, fraudulent or misleading. 

c.      Objectionable Content: You will not host, display, upload, modify, transmit, update or share any information that:

i. belongs to another person and to which you do not have any right to;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable or disparaging;

iii. is relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

iv. harms minors in any way;

v. provides material that exploits people in a sexual or otherwise in an inappropriate manner or unlawfully threatening or harassing or incidences covered under Indecent Representation of Women (Prohibition) Act, 1986;

vi. infringes any patent, trademark, copyright or other proprietary rights;

vii. violates any law for the time being in force;

viii. deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,

ix. impersonate another person;

x. tries to gain unauthorized access or exceeds the access or illegally or unethically; 

xi. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

xii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; and

xiii. May create any kind of liability for LEGALFUND or our affiliates. 

Liability of objectionable content:  LEGALFUND disclaims all liabilities arising in relation to such Objectionable Content on the platform. Any User if exposed to such Objectionable Content as aforesaid is requested to immediately report the same to the Grievance cell in the manner provided under these Terms of Use and the platform will endeavour to remove such content as soon as possible after investigation.

USE OF CONTENT

After posting any material and information by the user on the Platform the user grants LEGALFUND and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by you or material submitted by you, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use your name in connection with such content.

You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to LEGALFUND.

The User represents and warrants that the User owns or otherwise controls all of the rights to the content and material that the User posts or that the User otherwise provides on or through the App; that, as at the date that the content or material is submitted to the Platform:

● The content and material are accurate;

● Use of the content and material does not breach any applicable Indian law or the Platform’s policies or guidelines or Additional Terms 

● The content and material do not breach these Terms and Privacy Policy.

THIRD-PARTY WEBSITES

That the owner of the Platform may link the website/link/platform with other website/application and if the user used such website/application the owner shall not be responsible for the terms of use or content of such websites or/and application and expressly disclaims all liability associated with the content and use of these websites. That owner does not control the said website/application. The linked websites are not under the control of LegalFund and you are advised to read the terms of use and privacy policy of every linked website before accessing any of the third-party websites linked to the platform.

You are aware that maybe some risk associated thereof while accessing and using such linked third-party websites and LegalFund shall not be responsible in any manner whatsoever. 

That you the user is not authorized to use any kind of technology and method to copy or recreate any material or image, content, document, information from the Platform.

Furthermore, you the user will not interfere in the smooth function of the Platform in any manner and also agreed that you do not do any act himself or with another person for any kind of modification, changes in security, technology, function. You undertake not to copy, modify, create a derivative work of, reverse engineer or otherwise attempt to extract the source code of the platform or any part thereof without specific written permission from LEGALFUND to do so.

You explicitly and expressly consent to receive communications from LEGALFUND about Your use and access to the Platform and its services and agree that such communications shall not be treated as unsolicited communication.                  

MISCELLANEOUS

As we above stated that we are a facilitator for displaying the recent funding activities and serving clients with our services and at the time of using the platform you must use some instrument, gadgets, internet telecommunication or any link, computer system or any kind of instrument. It is very important to mention here that the LegalFund have no responsibility or accountability when using the Platform some problem occurs, some hacker attack.

LEGALFUND would not be liable for damages, viruses or other code that may affect the Your computer system, resource, terminal, server, equipment, mobile or any other devices while using the Platform and LEGALFUND does not warrant that the Platform will be compatible with all hardware and software used by the User.

Each of the provisions in these Terms is severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby

Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by LEGALFUND a legal, valid, and enforceable provision to the extent possible.

NOTICES: For purposes of service messages and notices about the services to the User, the LegalFund may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the LegalFund to the Users. The User agrees that the LegalFund may communicate with the User through the User’s account or other means including email or mobile. Users are required to update their settings regularly to ensure that LegalFund service messages and notices are received by the users timely and accurately. 

ASSIGNMENT: The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party. LEGALFUND including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the platform service messages and notices.

GRIEVANCE CELL

You may contact Grievance Officer on the email id- care@legalfund.in