1.1 THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.3 Welcome to https://www.lexstart.com/ (the “Website”), owned by Lexstart Consultancy Private Limited, a company incorporated under the Companies Act, 2013 (bearing company identification number U74999MH2015PTC265981), having its registered office at 916, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai – 400021, Maharashtra (hereinafter referred to as the “Company”). The Company is engaged in the business of providing legal and compliance-related consultancy services to its clients.
2. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to natural persons resident in India who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not use the Website. If a minor wishes to use the Website, such use may be made by the minor’s legal guardian or parents. The Company reserves the right to terminate any person’s membership in accordance with these Terms and/or refuse to provide such person with access to the Website if it is brought to the notice of the Company or if the Company discovers for itself that such person is not eligible to use the Website.
3. ACCEPTANCE OF TERMS
3.1 You are required to carefully read these Terms, as it contains the terms and conditions governing your use of the Website and any content such as text, data, information, software, graphics, audio, video, or photographs etc. that the Company may make available through the Website. By further accessing or using the Website, you are agreeing to these Terms and entering into a legally binding contract with the Company. You may not use the Website if you do not accept the Terms or are unable to be bound by these Terms.
3.2 In order to use the Website, you must first agree to these Terms by:
3.2.1 Visiting the Website. In this case, you understand and agree that the Company will treat your access to the Website as acceptance of these Terms from that point onwards; or
3.2.1 By clicking to accept these Terms, if and when prompted on the Website.
4. ACCESS TO THE WEBSITE
4.1 Your access to the Website may be interrupted, for reasons including but not limited to maintenance, repairs, upgrades, network, or equipment failures. The Company strives to keep the Website up and running; however, all online websites suffer occasional disruptions and outages, and the Company isn’t liable for any disruption or loss you may suffer as a result.
4.2 The Company may discontinue content displayed on the Website, as it may deem fit, at any time.
5. AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms consent to the receipt of communication from the Company by way of Short Message Service (SMS) messages, e-mails, promotional and marketing calls, and newsletters. These communications could relate to promotions that are undertaken by the Company and its third-party partners.
6. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links and interactive functionality interacting with websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such other websites. Before enabling any sharing functions to communicate with any other website or otherwise visiting any such websites, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such other third-party website.
7. USE OF THE WEBSITE
7.1 You agree, undertake and covenant that, during your access to and/or use of the Website, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
a. belongs to another person and to which you do not have any right, except as expressly provided in these Terms.
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of religion or gender, hateful or racially or politically motivated or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force, in any manner whatsoever.
c. is misleading in any way.
d. is harmful to minors.
e. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
f. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number).
g. provides instructional information about illegal activities such as violating someone's privacy or providing or creating computer viruses.
h. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, communities, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
i. engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
j. interferes with another person’s use of the Website.
k. impersonates another person.
l. refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
m. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
n. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
o. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data, or personal information.
p. where the laws of India are applicable to you, as a user, 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 any foreign States.
q. violates any law for the time being in force.
7.2 You hereby accept full responsibility for any consequences that may arise from your access and/or use of the Website, and expressly agree and acknowledge than in no event and under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of your access and/or use of the Website.
7.3 You agree and acknowledge that you shall not access and/or use the Website for any fraudulent, malicious, illegal, or unauthorized purpose/activities. The Company shall have the right, but not the obligation, to monitor your access to and/or use of the Website to ensure your compliance with these Terms or applicable laws, at its sole discretion.
8. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
8.1 All of the content provided on the Website, including text, software, scripts, code, designs, graphics, photos and any other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by the Company or others (including without limitation, third-party service providers, if any) that the Company licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
8.2 You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of the Company and such others. You thereby agree to protect the proprietary rights of the Company and other limited rights (including, as a licensee) during and after the subsistence of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
8.3 You shall access and/or use the Website strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website, including your use of any Content (defined below); (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) access and/or use the Website for any commercial or revenue generation endeavors, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) access and/or use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) access and/or use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any services offered by the Company; or (i) derive any confidential information, processes, data or algorithms from the Website, as may be applicable.
8.4 Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws.
9. TERMINATION OF ACCESS TO THE WEBSITE
9.1 Your access to the Website can be terminated at any time by the Company, in its sole discretion for any reason or no reason, including your violation of these Terms. You acknowledge that the termination of access to the Website may be affected without any prior notice.
9.2 The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive such termination of your access of the Website.
10. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE DISPLAY OF CONTENT ON THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, ACCURATE OR RELIABLE. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS, OR INFORMATION FROM THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ACCESS AND USE OF WEBSITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE OR CONTENT SHALL CREATE ANY WARRANTY.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF ACESS OR USE OF THE WEBSITE.
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
12. LIMITATION OF LIABILITY
In no event shall the Company, its affiliates and each of their respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Website; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party; (e) any loss of your data arising from any use of or inability to use any Content or other parts of the Website; (g) non-availability of the Website in certain geographical areas; and/or (h) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via. the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties, and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Mumbai, India.
17. SEVERABILITY AND WAIVER
18. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and the Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Anisha Patnaik
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Terms or the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and the Rules made thereunder.
19. HOW TO CONTACT US
If you have questions or concerns about these Terms, you may contact the Company at firstname.lastname@example.org