Terms Of Use

Terms Of Use

Version Date: June 4, 2021

 

 TERMS OF USE AGREEMENT

 The "Rest The Case" website located at restthecase.com is a copyrighted work belonging to Rest The Case Services Pvt. Ltd. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Rest The Case Services Pvt Ltd and its affiliated companies, Websites, applications and tools  (“Company” or “we” or “us” or “our”), concerning your access to and use of the:  Website/ https://restthecase.com as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “website” or “site”). The website provides the following service: Lawyer Reference, Consultation from selected lawyers, Document Templates(legal drafts), Knowledge Bank( Blogs, articles, news) (“Company Services”), Law Student portal( Internships, Knowledge Bank & Author Publication). Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated into this Agreement by reference. 

The company makes no representation that the website is appropriate or available in locations other than where Company operates it. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

1.MINORS 

 All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to this Agreement before you using the website. Any minor using the website is only permitted to sign in as a “Student”(Refer clause 2.1.3)  on the website with due permission and not permitted to sign in as a “Client” (Refer clause 2.1.1). 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT OR TO MODIFICATIONS THAT THE COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

2.COMPANY  SERVICES

We are a legal aggregator platform providing several legal services to our users. Rest The Case is not a law firm, and we do not give legal advice to our users in any manner whatsoever

2.1 Connecting lawyers and clients 

2.1.1 Clients: “Clients” are all those users who use the website by signing in from the client sign-in page.

[ note that this disclaimer has been drafted in line with the rules of the Bar Council of India under the Advocates Act 1961. 

By accessing this app/website:

  • you agree and acknowledge that there is no solicitation, advertisement, invitation, inducement or personal communication of any kind by any of the lawyers/advocates whose legal and professional profiles are uploaded on this app/website.  

  • You agree and acknowledge that you are voluntarily seeking information relating to the legal and professional profiles of lawyers/advocates uploaded on this app/website to seek assistance in respect of your legal requirements.

  • You agree and acknowledge that information contained on this app/website, including but not limited to legal and professional profiles of lawyers/advocates contained herein, is only for informational purposes to enable you to have an informed decision regarding your legal requirement. 

  • You agree and acknowledge that any information contained on this app/website, including but not limited to legal and professional profiles of lawyers, does not constitute any type of lawyer-client relationship by and between you. The lawyers whose profiles are uploaded on the app/website nor any such information should be taken to mean any kind of legal advice at the lawyer's end whose profiles are uploaded on the app/website.

  • You acknowledge that neither we nor any of the lawyers whose profiles are uploaded on the app/website will be liable for any consequences, losses, damage caused to you because of any action taken by you by relying on any of the information posted on the said app/website. In the said context, we also recommend you seek independent legal advice in respect of your legal requirement or query.

  • In respect of your legal requirement or query, if you upload any document or information or provide any information to the lawyer on the said app/website even though they are encrypted, you acknowledge that you are uploading the document or information or providing information to the said lawyer voluntarily at your own will and risk. In respect of any foregoing, RTC shall not be responsible or liable in respect of the said document or information uploaded or provided by you on the app/website of RTC or provided to the lawyer on the said website/app. 

2.1.2. Lawyers: “Lawyers” are all those users who have signed in to the website using the lawyer sign-in page.

  • Lawyers will be given 10% of the total fees that we charge the clients.

  • The receipt of fees is subject to applicable tax liability.

  • The lawyers will receive the amount within 14 working days after receipt of the amount from the client.

  • In case of any dispute from the client in terms of payment (the amount needs to be refunded in case the client fails to connect with a lawyer and does not wish to connect with any other lawyer on the website.), then the amount will not be processed to the lawyers as well.

  • Lawyers can publish articles on the website with due credits. The publishing of these articles is subject to conditions mentioned in clause 4.2 of the agreement.

2.1.3Students: “Students” are all those users who have signed in to the website using the Student sign page.

  • Any user signed in as a Student cannot approach any lawyer on the website for legal advice. This is only possible by signing in as a Client, and the user is above 18. ( Refer to Minor’s clause 1)

  • Users signed in as a Student will only be permitted to connect with a lawyer on the website to seek an internship.

  • Students can publish articles on the website with due credits. The publishing of these articles is subject to conditions mentioned in clause 4.2 of the agreement.

2.2 Document Templates:

The document templates available on our website are just a draft and need to be verified by the concerned professional.

2.3 Knowledge Bank:

The content provided on Knowledge bank is only for informational purposes and is not legal advice. This content cannot be used for secondary reasons without permission from the Company.

 3.PAYMENT 

  • Please note that the company does not charge the users for the consultation that lawyers provide but for rendering the platform(website) as a service. We will be charging the clients the fees solely for providing them with the means or/and contact of the lawyers available on the website. 

  • The lawyer's fees would charge the client post consultation and during the case proceedings are separate and are at the sole discretion of the lawyer, and the company does not have anything to do with it.

  • The company will bill you through a  payment provider for our Services. By using our paid options, you agree to pay Company all charges at the prices then in effect for the services you or other persons using your billing account may purchase. You authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. 

  •  The company reserves the right to correct any errors or mistakes in pricing, even if it has already requested or received payment. 

  • Applicable taxes will be added to the sales price of purchases as deemed required by the Company. 

  • The Company may change prices at any time. All payments shall be in Indian rupees.

      3.1Refunds:

  • The clients are subject to refund in an event where the lawyer they chose to contact does not revert, and the client does not wish to connect with any other lawyer available on the website. 

  • If the client wishes to claim a refund, they will have to contact our grievance redressal cell. Post verification of the issue for the refund, the refund would be processed within 14 working days.

  • Processing the refund would be at the sole discretion of Rest The Case Services Pvt Ltd, post assessing the grievance.

4.USER REPRESENTATIONS

4.1Regarding Sign Up & Accounts on the website:

By using the Company Services, you represent and warrant that:

  •  all  information you submit for making your account is truthful and accurate;

  •  you will maintain the accuracy of such information;

  • C. you will keep your password confidential and will be responsible for all use of your password and account;

  •  you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission or are under parental guidance to use our website; and

  •  your use of the Company Services does not violate any applicable law or regulation.

You also agree to: 

(a) provide true, accurate, current and complete information about yourself as prompted by the website registration/sign up form 

 (b) maintain and promptly update registration data to keep it true, accurate, current and complete. The company website allows users to change/update personal information about the user. Please make sure the information provided is up to date and current. 

If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any current or future use of the website (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name. We have the right to remove, disable, suspend any of the user’s accounts ( Lawyer, Client & Student)

4.2 Regarding Content You Provide

All content that will be plagiarism, grammar and quality checked before uploading. Only after such checks will the user’s content be allowed to go up on the website.

We may invite you to chat or participate in blogs, message boards, online forums and other functionality. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, pop-ups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the website’s users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of every identifiable individual person in the Contribution to use the name or likeness of every such identifiable person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libellous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 sexually or violently, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

G. your Contribution does not otherwise violate or link to material that violates any provision of this Agreement or any applicable law or regulation.

H. If any user-generated content is found to be violative of any of the aforementioned clauses, Rest The Case holds the rights to take down the content in question.

4.3 GUIDELINES FOR REVIEWS 

The company may accept, reject or remove reviews at its sole discretion. The company has absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company and do not represent the Company's views or any affiliate or partner of the Company. The company does not assume liability for any review or any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means display, perform and/or distribute all content relating to reviews.

If any reviews are found violative of the aforementioned conditions, Rest The Case has the right to remove such reviews.

4.4 SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Company Services ("Submissions") provided by you to Company are non-confidential, and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

4.5 PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other than that for which Company makes it available. The Sites may not be used in connection with any commercial endeavours except those specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

  • attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites

  • attempting to impersonate another user or person or using the username of another user criminal or tortious activity 

  • deciphering, decompiling, disassembling or reverse-engineering any of the software comprising or in any way making up a part of the Sites 

  •  deleting the copyright or other proprietary rights notice from any Sites’ content 

  •  engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools 

  •  except as may be the result of the standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software 

  •  harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you 

  • interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites

  •  making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretences 

  • selling or otherwise transferring your profile 

  •  systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company 

  • tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords 

  •  using any information obtained from the Sites to harass, abuse, or harm another person 

  •  using the Company Services as part of any effort to compete with Company or to provide services as a service bureau 

  • using the Sites in a manner inconsistent with any applicable laws and regulations

5.INTELLECTUAL PROPERTY RIGHTS

The content on the website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Rest The Case Services Pvt Ltd and are subject to copyright and other intellectual property rights under  IPR laws like Patent Act 1970, Copyright Act 1957, Trademark Act 1999 and all other relevant Acts. Company Content includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in India and/or other countries. Company trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to confuse and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Sites is provided to you “AS IS” for your information and personal use only. It may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Sites and Company Content and Marks. 

6.THIRD-PARTY WEBSITES AND CONTENT

The Sites contains (or you may be sent through the Sites or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third-Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third-Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies. The Company takes no responsibility whatsoever concerning such purchases, which are exclusively between you and the applicable third party.

7.SITE MANAGEMENT

The company reserves the right but does not have an obligation to:

A. monitor the Sites for violations of this Agreement;

B. take appropriate legal action against anyone who, in Company sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

C. in Company sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company's systems;

E. otherwise manage the Sites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.

8. TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES TO ANY PERSON FOR ANY REASON OR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.  This applies to all users of the website, lawyers, clients & students.

To protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, to fulfil the purposes of such provisions, need to survive the termination or expiration of this Agreement shall be deemed to survive for as long as necessary to fulfil such purposes.

YOU UNDERSTAND THAT  YOU are allowed TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME before MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS.  

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

9.MODIFICATIONS

9.1 To Agreement

The company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites, and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. The company may also, at its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Therefore, it is important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement, and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. 

9.2 To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services. 

10. DISPUTES

10.1 Between Users

If there is a dispute between users of the Sites or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.  

10.2 With Company

 Governing Law & Jurisdiction: This agreement is governed by the laws of India.

Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity of the breach thereof shall be settled by arbitration appointed by Rest The Case only. In case of failure to commence or continue with Arbitration by the arbitrator for any reasons whatsoever, a new arbitrator will be appointed by Rest The Case only in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties. The seat of the arbitration shall be in Pune. Nothing shall preclude Rest The Case from seeking interim or injunctive relief, or both, from any court, having jurisdiction to grant the same.

11.CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. 

 

12.DISCLAIMER

The company cannot control the nature of all of the content available on the website. By operating the website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the website, including without limitation content hosted on third-party websites or provided by third-party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.

YOU AGREE THAT YOUR USE OF THE SITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. (Check if Site sells product or service) ☐ AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  

13. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES.

14.INDEMNITY

 You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with the Company’s defence of such claims. The company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15.NOTICES

 Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

16.USER DATA

 Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data you have transferred or related to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data. You hereby waive any right of action against the Company arising from any such loss or corruption of such data.

17.ELECTRONIC CONTRACTING

 Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY (☐ AND TO PAY) FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.   

18.MISCELLANEOUS

 This Agreement constitutes the entire agreement between you and the Company regarding the use of the Company Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The company may assign any or all of its rights and obligations to others at any time. The company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

19. COOKIES AND WEB BEACONS.

Like any other website, Rest The Case uses ‘cookies. These cookies are used to store information, including visitors’ preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

20.CONTACT US

 In order to resolve a complaint regarding the Company Services or to receive further information regarding the use of the Company Services, please contact Company as set forth below.

Company Name: Rest The Service Pvt Ltd.

Address: S No, 46/5, society, Aga Nagar, Wadgaon Sheri, Pune, Maharashtra 411014

Email: info@restthecase.com


21.CHANGES IN TERMS OF USE 

We will keep updating our terms of use from time to time as we see fit, and continued use of the website will signify your acceptance of the new terms. 

If there are any changes made to our privacy policy, we will notify our users of the same on our homepage and on our key pages.

 

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