Terms & Conditions
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO
BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
2. (A) Licence- Grant – 1) Supplier hereby grants to Subscriber for the Term a non-exclusive, non-transferable, limited licence to access and use the Service in accordance with the terms and conditions of this Agreement. 2) All rights to access and use the Service granted to Subscriber or restrictions imposed on Subscriber shall be exercisable or observed (as the case may be) by Users. It shall be the responsibility of Subscriber to ensure that Users act in accordance with such requirements. 3) Certain features are licensed subject to the provisions of Part II of this Agreement below or subject to Additional Terms, all of which take precedence over the licence granted in this clause 2. (B) Permitted Acts – use: Subscriber may: (1) View the Data on screen; (2) Reproduce, quote and excerpt Extracts in Subscriber's own Work Product;(3) Print Extracts for internal use among Users; (4) distribute Work Product related to a specific cause of action containing Extracts to: (i) the court/tribunal before which the cause of action is to be heard, and/or (ii) the parties to the cause of action, and/or (iii) their duly authorised representatives. (5) Download extracts to a storage device under the exclusive control of Subscriber and temporarily store the same in order to carry out the above functions; and (6) use the functionality made available through the Service. (C) Permitted Acts – storage: 1) Subscriber may store Extracts in a Project Database, whether in hardcopy or electronically (or both). 2) No Data shall be stored or used in any form of database whether current or archival which is intended for the storage, and/or provision to its users, of access to know-how. (D) Restrictions: 1) Except as expressly permitted by this Agreement (e.g. in relation to Work Product), or by applicable law, or with Supplier's prior written permission, Subscriber may not do the following (nor may Subscriber permit a third party to do the same): (a) copy, download, store, publish, transmit, transfer, sub-licence, distribute, sell or otherwise use the Data or any part of the Data in any form or by any means; (b) re-use, reproduce, decompile, reverse engineer, disassemble, attempt to discern the source code of www.onlinejudgments.com or interfere in any way with the Data or any part of the Data; (c) modify or make any alterations, additions or amendments to the Data or any parts thereof; (d) combine the whole or any part of the Data with any other software, data or material; (e) create derivative works from the whole or any part of the Data; or (f) sell, licence or distribute Data (or any parts thereof) to third parties or use Data or any parts thereof as a component of or as a basis for any material offered for sale, licence or distribution. 2) Subscriber undertakes to use 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 Agreement. 3) Subscriber shall use its reasonable endeavours to keep any Data stored (as permitted under this Agreement) secure and to prevent any third party duplicating or otherwise reproducing the same in whole or in part 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. (E) Rights in Data- 1) Except for the licence granted in this Agreement, all rights, title and interest in Data, in all languages, formats, adaptations and media throughout the world, including all copyrights, are and will continue to be the property of Supplier, its Affiliates and/or its Licensors. 2) Subscriber shall not do or omit to do or authorise any other person to do or omit to do any act which: (a) would or might invalidate or be inconsistent with any intellectual property of Supplier, its Affiliates and/or its Licensors; or (b) would or might be in breach of or otherwise inconsistent with the moral rights of the authors of the Data. 3) Subscriber shall not delete erase remove deface or cover any trademark, service mark, trade names, numbers, copyright or other proprietary notices, guarantee, designation of origin, means of identification, disclaimer or other statement used in connection with any Data, nor shall Subscriber authorise another person to do so. 4) Subscriber shall promptly inform Supplier if Subscriber becomes aware of: (a) any unauthorised use of the Data (b) any actual, threatened, or suspected infringement of any intellectual property of Supplier, its Affiliates and/or its Licensors in the Data which comes to Subscriber's notice, and (c) any claim by any third party coming to its notice that the Data infringes the intellectual property or other rights of any other person. 5) Subscriber shall at the request and expense of Supplier do all such things as may be reasonably required to assist Supplier in taking or resisting proceedings in relation to any infringement or claim referred to in this clause and in maintaining the validity and enforceability of the intellectual property of Supplier, its Affiliates and/or Licensors in the Data.
3. Not Legal Advice: Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.
5. License of Your Content to Provider.By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) DLT SOFTWARE SOLUTIONS a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
6. No Solicitation: You shall not distribute on or through this Web Site any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of DLT SOFTWARE SOLUTIONS. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
7. Advertisers: This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. DLT SOFTWARE SOLUTIONS will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
8. Charges: (A) Charges and Modification of Charges - 1) Except in the event of early termination of this Agreement as permitted herein, Subscriber shall pay the Charges for the Service for the whole of the Term as specified in the initial and subsequently agreed Schedules to this Agreement.2) The Charges may be modified at any time upon at least 15 days prior notice to Subscriber in writing, online or otherwise. 3) Charges for Third Party Features may be modified at any time upon at least 15 days prior notice to Subscriber in writing, online or otherwise or as stated in the applicable Additional Terms. (B) Extension of Agreement: 1) At the end of each Subscription Period, unless Subscriber has terminated this Agreement in accordance with clause mentioned above thereof and where Supplier does not notify Subscriber of an increase in the Service Charges and/or Additional User Fees for the forthcoming Subscription Period, the Agreement shall be extended for another 12 months at the existing rates. 2) All the prices can be increased without giving prior notice and if the subscriber wishes to renew the subscription then it can be renewed only of new prices if changed. (C) Billing and Payment: 1) Supplier will invoice Subscriber according to the Service Billing Cycle indicated in the Schedule for all the Charges incurred by Subscriber during the relevant period. 2) All Charges are exclusive of sales, service, value added, and other applicable taxes, if any, which are the responsibility of Subscriber.3) All telecoms charges incurred in using the Service are the responsibility of Subscriber. 4) Subscriber has to pay full amount in advance to be able to use the services of the supplier.
9. Registration: Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify DLT SOFTWARE SOLUTIONS immediately by contacting Mr. Rahul Jain ---- 011-23850111.
10. Errors and Corrections: DLT SOFTWARE SOLUTIONS does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. DLT SOFTWARE SOLUTIONS does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. DLT SOFTWARE SOLUTIONS may make improvements and/or changes to its features, functionality or Content at any time.
11. Third Party Content: Third party content may appear on this Web Site or may be accessible via links from this Web Site. DLT SOFTWARE SOLUTIONS shall not be responsible for and assumes no liability for any infringement, 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 this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of DLT SOFTWARE SOLUTIONS.
12. DISCLAIMER:THIS WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DLT SOFTWARE SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DLT SOFTWARE SOLUTIONS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, OR
(E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
13. LIMITATION OF LIABILITY: DLT SOFTWARE SOLUTIONS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE AND THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. DLT SOFTWARE SOLUTIONS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO Rs 5,000/-.
15. Third Party Rights: The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of DLT SOFTWARE SOLUTIONS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. Term and Termination: 1) This Agreement will become effective on approval by Supplier in and will continue in force from the First Commencement Date until the end of the Term unless earlier termination takes place in accordance with the provisions below.
19. Dispute Resolution: 1) Any dispute or difference between Supplier and Subscriber arising out of or relating to the existence, validity, interpretation, performance or termination of, or otherwise in connection with this Agreement ("Dispute"), shall at first instance be attempted to be amicably settled between the parties through good faith negotiations. Either party shall be entitled to invoke such negotiations by giving to the other party a notice to that effect ("Dispute Notice"). If a Dispute is not resolved by way of good faith negotiations within a period of thirty (30) days from the date when the Dispute Notice was received by the receiving party then either party shall be entitled to refer the Dispute to arbitration in the manner described below. 2) Any Dispute not resolved by way of good faith negotiations within a period of thirty (30) days from the date when the Dispute Notice was received by the receiving party, shall be finally resolved by arbitration in accordance with the provisions of this clause. 3) The provisions of the Arbitration and Conciliation Act, 1996, as amended ("Arbitration Act"), will apply to such arbitration: 4) The arbitration shall be conducted by a single arbitrator who shall be appointed by the mutual consent of both parties. If the parties are not able to reach a decision to appoint the arbitrator within thirty (30) days of the date when the good faith negotiations mentioned above have failed, then the Dispute shall be referred to a panel of three (3) arbitrators. One (1) arbitrator shall be appointed by each party within thirty (30) days of the parties failing to reach an agreement to appoint the sole arbitrator as aforesaid. The two (2) arbitrators so appointed by the parties shall appoint the third presiding arbitrator within thirty (30) days of their appointment, failing which the third presiding arbitrator shall be appointed in accordance with the provisions of the Arbitration Act. 5) The arbitration proceedings shall be conducted in English. 6) The place of arbitration shall be Delhi, INDIA. 7) The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state reasons for its/their findings in writing. 8) In relation to any arbitration proceedings, the parties agree that the courts at Delhi, New Delhi shall have exclusive jurisdiction to the extent the court has jurisdiction under the Arbitration Act.
20. Any forbearance or delay by the Publisher / Licensor(s) in enforcing any provisions of these terms and conditions or any of its rights under them shall not be construed as a waiver of such provisions or its rights thereafter to enforce the same.
21. These Terms and Conditions are subject to change without notice. Please check for the latest End User Licence Agreement– Terms and Conditions by contacting us @ 011-23850111.