Term of Use

These Terms of Use (hereinafter ‘Terms’) sets forth the terms that apply to the access and use of the website samadhanco.in (hereinafter the ‘Platform’) and the Services rendered thereof. The Platform is owned and operated by Samadhan & Co. (Partners & Consultants) (hereinafter ‘Firm’)

Samadhan & Co. (hereinafter referred to as the “firm”), own and operates the interactive website samadhanco.in (hereinafter referred to as the “Platform”), and the services rendered thereof. We want to apprise you that your privacy is important to us and to protect the Personal Information (defined below) of any person who registers on or accesses the Platform for information purpose(s), we provide this notice for explaining our privacy practices for the collection, storage, usage, and protection of your Data (defined below). The detailed document of Privacy Policy can be accessed by you on the website of Samadhan & Co.

These Terms are expected to be read and compulsorily agreed by all the users who visits the website of Samadhan & Co. or contacts the firm in offline mode for availing its services. Kindly note, under these Terms, the use of terms like "we", "us" and "ours" refers to the "Firm" and the terms "you", "your", "yours", "visitor" and "user" refers to any "natural or legal person" who browses through the Platform or avails the Services. The procedure for handling and securing Personal Information shall be governed by the respective Privacy Policy, which is published and shall be construed in accordance with the provisions of the IT Act 2000 and Digital Personal Data Protection Act, 2023 and any other applicable legislation relating to privacy or data protection in other jurisdictions (the "Regulations"). By accessing the Platform, you hereby acknowledge that you have read and understood the terms of this Policy and agree to be bound by them. However, if you disagree, kindly exit the platform immediately as your continued access shall be construed as an acceptance to these Terms.

The firm advises against the use of the communication platform provided on this website for exchange of any confidential, business or politically sensitive information. User is requested to use his or her judgment and exchange of any such information shall be solely at the user’s risk. Please note that Samadhan & Co is not a law firm and does not engage in the practice of law. It only provides services through various experts in specific domains and may appoint on its behalf any professionals to do the same.

The firm is an advanced, technology platform designed to facilitate Online Legal services which does not form any attorney-client or advocate-client relationship. We aim to provide an accessible and convenient way for users to seek guidance and support from independent professionals in resolving their disputes or issues. All interactions or consultations facilitated through the firm are between users and independent professionals. The firm is not responsible for any advice or services provided by these independent professionals.

DEFINITION

Under this Policy, the below mentioned terms shall have same meaning as assigned to them:

Applicable Law(s) shall mean and refer to all applicable provisions of the prevailing laws, statues, common law, regulations, orders, codes, permits, licenses, tariffs and approval relating to this Policy

Business Information/Personal Information shall mean the trade and business-specific information of an entity, provided by you, in the capacity of an authorized representative of the relevant entity, to avail the Services on behalf of such entity. Business Information includes, without limitation, the name and type of entity, registered and corporate address, contact details, details of authorized signatory or representatives and all such information necessary for providing the required legal services, as the case may be, to the Users.

Cookie(s) are small files transferred to the hard drive of your device that enable us to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current activity on the Website, which allows us to improve our Website. We also use cookies to help us compile the aggregated and anonymized data about the traffic on the website so that we can offer better experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

Data shall refer to the Business Information, Non-Personal data and Personal Data individually and in combination

Non-Personal Data is anonymized data incapable of identifying an individual. It refers to any other information, not covered under Personal Information, which may be collected by us when you access or use the Platform and includes information about your device, Internet Protocol (IP) address, operating system, browser type and version, geographical location, URLs of referring/exit pages, pages visited, device ID, amongst others.

Personal Data means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. Personal Data refers to the name, contact details, identification number, location data, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that User. Any reference to Personal Information shall include Sensitive Personal Data.

Sensitive Personal Data shall have the same meaning as provided under Section 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011

Services shall mean and refer to the services that are being provided to the Users through the Platform.

User shall mean and refer to every individual or legal entity who registers itself on the Platform to avail the Services.

Platform is the reference to our “samadhanco.in” through which we offer our services.

Legal Team shall mean and include the team of lawyers who are engaged or designated in the firm for understanding of your legal queries and needs in respect of agreement drafting, reviewing or with any other services that are offered through the platform.

Visitors shall mean and refer to every individual or legal entity that accesses the Platform to gain information about the Services rendered by the Firm, without registration

Working Days shall mean the standard business days i.e. from Monday to Friday except for any gazette or national holiday.

Working Hours shall mean and include the normal working working/business hours i.e. 10 am to 6 pm on standard working days.

INTERPRETATION

Unless otherwise defined, the context used in this Policy denotes:

Whenever the context so requires like "we", "us" and "ours" refers to the "Firm" and the terms "you", "your", "yours" and "user" refers to any "natural or legal person" who browses through the Platform or avails the Services. heading or bold typeface is used only for convenience and shall be ignored for interpretation.

Words using the singular or plural number also includes the plural and singular, respectively.

Whenever, in this Policy, words are used in the masculine gender, they shall be read and construed in the other gender too, whenever it should apply.

The terms hereof, hereby, hereto and derivative or similar words refer to this entire Policy or specified clauses of the Policy, as the case may be.

Reference to the word “include” shall be construed as without limitation.

Reference to any legislation or applicable law or any provision thereof shall refer to any applicable legislation, law or provision as amended, suspended, or re-enacted from time to time.

GENERAL TERMS GOVERNING THE PLATFORM

These Terms are applicable to every person who accesses the Platform as a Visitor to gain information about the Firm and the Services rendered thereof and the Users who have registered on the Platform to avail the Services.
After on-boarding for availing of the Services provided by the Firm through Platform the User can connect with our team through phone calls only however, the Service to connect with our team over Google Meet/Zoom is available. The appropriate time to connect with the team is from Monday to Friday between 10 am to 6 pm. However, in some cases, the last call can be addressed till 7 pm.
The User is requested to provide a brief of their queries and legal requirements to the Virtual Legal Counsel within the same day of placing any order on the Platform. However, in case of any delay in providing such a brief, the User shall inform the designated Virtual Legal Counsel of such delay.
Any agreement drafted or reviewed by our Legal Team for which you have placed the order will be delivered to you within 15 (fifteen) working days, however, if any calls are scheduled or information or brief regarding the order/ requirement is shared with the Legal Team after 03:00 p.m. the timeline for the delivery of the timeline will be calculated from the next working day. Above timing may vary according to the relevant government approvals, permissions, registration, or any other kind of procedural formality required for the effective execution of the agreement etc.
Any request for amendments in the drafted documents can only be made thrice, no request will be addressed for the same after the expiration of the timeline. Only amendments which don't involve a change in the transaction would be entertained.
The Firm reserves the right to refuse to make the amendments in the documents drafted for you if it entirely changes the discussed transactions for which You approached the Website of the Firm.
All Services and other information displayed on the Platform constitute an “invitation to offer”. Your order for availing Services available on the Platform by raising a purchase order shall constitute an “Offer”. The Firm reserves the right to accept or reject this offer, based on several factors as per the sole discretion of the Firm and our confirmation of your order shall constitute the “acceptance of offer”.
In case of the legal entity, you represent that you have the necessary authority to bind the entity under the Terms.
In event of any misbehavior with the lawyers or out team, no refund or cancellation of any kind will be initiated and the Firm reserves the right to initiate proper legal proceedings against the individual or representative of the entity or the Firm doing such misbehavior.

SERVICES

The Firm provides the following Services through the Platform to its Users, which is including and not limited to:

Legal Consultation: User can get in touch over a call with the Legal Counsel at the convenience of the Counsel and the User. By placing an order for this Service, you can discuss your legal queries or concern and will get a customized solutions. After making the payment, the Team shall schedule a call and you can discuss your legal concern or queries and the counsel shall given consultation along with providing customized solutions and addressing all your queries.

Legal Notice: We also provide assistance in sending out legal notice for and on behalf of You. In the event of any dispute with any party, we recommend sending legal notice to them as the first step before initiating the formal litigation process and to intimate the other party that you have looped-in your lawyer to resolve the dispute or breach.

The Firm provides the services of legal notice only till the dispatch of the legal notice.

The Firm does not provide any litigation, arbitration, mediations services. for the same the User is charged separately.

Intellectual Property Rights

Trademark under Trademark, the Firm provides the following services:

TRADEMARK SEARCH our team conducts the research to ensure your proposed mark us unique and available for registration. Trademark Search would involve a detailed report about existing trademark applications and businesses using similar trademarks in order to understand the feasibility and ease in getting your mark registered.

APPLICATION FILING collating of necessary information/documents, drafting of user affidavit and power of attorney and filing of your trademark application with the relevant trademark registry to initiate the registration process.

TRADEMARK OBJECTION if your application faces any objections from the registry, we will understand, strategize and file a comprehensive written reply along with any documentary proofs that may be needed to address the concerns raised by the trademark examiner.

HEARING in case of hearing is set after the reply to the examination report, we will file relevant written submissions before the hearing and attending the hearing with the trademark registry to further reiterate our application, its uniqueness, reasons as to why it should proceed for registration and clarify any issues related to your application.

OPPOSITION in case of similar or copied mark, we provide the services of handling the complete trademark opposition right from filing opposition notice, reply to the opposition to attending hearings and filing appeals.

Copyright in respect to protecting your right and interest in the literary, artistic work, we also provide services of filing the Copyright applications to protect your brainchild i.e. your intellectual property. We provide the following services in the domain of copyright.

COPYRIGHT FILING we gather the relevant information, draft the application and submit an application to the copyright office to officially register an original creative work, granting the creator exclusive rights to reproduce, distribute and display their creation.

COPYRIGHT OBJECTION refers to the process of addressing and resolving challenges of disputes raised in the copyright office against the application, ensuring successful registration of the creator’s intellectual property.

Design

Design under Design we provide the following Services:

SEARCH REPORT a design report is a comprehensive analysis conducted prior to the filing of application, proving insights into exiting designs to assess the likelihood of approval and potential conflicts with prior designs.

FILING design filing is the formal submission of an application to secure legal protection for the unique visual appearance or ornamental aspects of a product, ensuring exclusive rights for the designs’ use and reproduction.

OBJECTION design objection occur when authorities raise concerns or issued with a design application, necessitating a response from the applicant to resolve the identified issued and move the application forward for registration.

HEARING a design hearing a formal proceeding where the applicant or their authorized representative is called upon to present their arguments and evidence before the authority, typically held to resolve objections or challenges to the registration of a design.

NOTE: The fee for Services under Intellectual Property Rights is not inclusive of the Government fees which are to be paid for filing of the applications, for which you shall be required to pay an additional amount the Firm shall provide the breakup for the same.

Contract Draft: Under Contract Drafting Services, Users have the option to take the Services of our expert Virtual Legal Counsels to draft the documents with the smallest of intricacies. The Services are explained in more detail in the following paragraphs:

Draft by an Expert is our customized service wherein after selecting the category of document and the agreement from the options available in the drop-down such as:

Business Contract
Firm Policies
Shareholders’ Agreement
Other agreements

The agreement shall be provided to the User within 15 (fifteen) business days from the date of briefing. Above timing may vary according to the relevant government approvals, permissions, registration, or any other kind of procedural formality required for the effective execution of the agreement etc.

If due to any inevitable reason, we are unable to provide you with the draft of the agreement/ document within the promised timeline, we shall intimate the same to you. The status of every order raised by you shall be visible on your dashboard.

The fee for drafting the agreement/ document is not inclusive of the electronic signature facility and you shall be required to pay an additional amount if you desire to avail the service of electronic signature.

PAY AS YOU GO

In the event you require only one Service out of the Services offered though the Platform, you can simply select the desired services and make the payments towards the same.

Our team will get in touch with you and take the brief from you in order to understand the legal query and will provide customized solution to the same.

Under this section, you will not become the member of the Samadhan & Co. and the term of association with you shall be in respect of the Service availed by you only.

USE OF WEBSITE/PURCHASE

Your use of the website and/or purchase from us are governed by following Terms and Conditions:

The content of the pages of this website is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on our website and/or product pages is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website and/or product pages meet your specific requirements.
Our website contains material which is owned by or licensed to us. This material includes, but are not limited to, the design, layout, look, appearance, trademarks, logo, website graphics and design, and other graphical or intellectually protected content whatsoever. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in our website which are not the property of, or licensed to, the operator is acknowledged on the website.
Unauthorized use of information provided by us shall give rise to a claim for damages and/or be a criminal offence.
From time to time our website may also include links to other websites, these links are provided for your convenience to provide additional and further information.
You may not create a link to our website form another website or document without the prior written consent of the Managing Director or the Chief Operating Officer.
Any dispute arising out of use of our website and/or purchase with us and/or any engagement with us is subject to the laws of India.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

CANCELLATION AND REFUND

The Terms of Use with respect to refund and cancellation are delineated under our Cancellation and Refund Policy.

LICENCE AND OWNERSHIP

Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Samadhan & Co., its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in India and other countries. Elements of the Web Site are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customized graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade name ("Marks") of Samadhan & Co., its affiliates or other entities that have granted Samadhan & Co. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Samadhan & Co.. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without Samadhan & Co. prior written permission or that of an appropriate third party. Except as expressly provided herein, Samadhan & Co. does not grant to You any express or implied rights to the Intellectual Property of Samdhan & Co. or that of any third party.

PROHIBITED CONTENT AND ACTIVITY

The Firm, in its sole discretion, reserves the right to determine whether the content posted by the User; or any activity in which the User is engaged, is prohibited or not. In case we find any content or activity by you to be inappropriate we will delete such content from the Platform, without providing any notice to you. In addition to it, the Firm may terminate your account immediately and you shall be under the liability to indemnify the Firm for the losses suffered by it due to your involvement in such activity. The extent of such damages shall be determined directly by the Firm. Some examples of prohibited content or activity are:

Posting any defamatory language for the Firm, other Users, or any third party.
Posting content on the Platform owned by the third-party without their approval
Posting content that contains nudity, violence, or sexual subject matter, including links to adult websites.
Posting any advertisements on the platform or any content to promote one’s own business.
Involvement, directly or indirectly, in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
Posting any untrue content with the sole intention of misleading the platform.
Posting or circulating any content that involves the transmission of viruses and bugs through the Platform

The User understands that the list provided in these Terms is not exhaustive and the Firm reserves the sole authority to determine what amounts to prohibited content or activity.

THIRD PARTY LINKS

The Platform for providing better usage and services contains links to websites that are owned and controlled by the third parties. These links take you outside the Firm's service and off the Platform and are beyond the Firm's control and the User access to these sites completely at your own risk. The sites to which the User may get linked have their own separate privacy policy and the Firm shall not be responsible and cannot be held liable and accountable for any outflow of information on that website. Please note that these other sites may send their own cookies to the Users, collect data, or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them

LIMITATION AND WARRANTY

Although we have implemented and employed the necessary internet security methods and technology to secure the Data transmitted to us; however, the security of the Data transmitted over the internet cannot be guaranteed; thereby we cannot ensure or warrant the security of any information that you transmit to us. You acknowledge and agree that you share the Personal Information with us entirely at your own risk. In light of the above, we declare that:

We shall not be held liable for any loss or injury caused to you, as a result of voluntary disclosure of the Data by you to a third party.
Notwithstanding anything contained in this Policy, we disclaim all the warranty for any loss, damage, or misuse of the Data.
We take no responsibility or liability for the privacy practices and security of Data collected by the third-party website linked to our site as they are not within the ambit of our control.

You are under obligation to report or contact us in case of actual or anticipated data breach. Non doing so shall exclude our liability as to data breach. The burden of proof regarding the breach of data is on you.

FORCE MAJEURE

We shall not be under any liability for failure to perform any of our rights and obligations under this Terms of Use, if such acts of failure are due to any act of God, fire, earthquake, floods or any natural calamities or transportation embargoes, riots, pandemic, violence, acts of terrorists, lockdown, state enemies or any other reasons or circumstances beyond our control.

INDEMNITY

Users shall indemnify and hold harmless the Firm and its representatives, affiliates, partners, contractors, officers, directors, employees, and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Firm as a result of or arising out of a User's. a) breach or violation of the provisions stipulated in these Terms of Use; b) breach of any representation or warranty; c) use of the Platform and its content;

d) availing the Services, features, and offerings available on the Platform; e) violation of the intellectual property or proprietary right of the Firm or any third-party; f) violation of the privacy, confidentiality, information, or any other right of the Firm or any third-party; g) violation of any Applicable Laws; and h) any act, omission, fraud, misrepresentation on part of the User. The User shall indemnify the Firm for any loss or damage that may be caused to the Firm due to any negligence/action/inaction of the User. The User further agrees and acknowledges that the extent of such loss or damages shall be determined by the Firm in its sole discretion and decision of the Firm pertaining to the same shall be final and binding on the User.

DISCLAIMER

We collect the Data only when an individual or the authorized representative of a business entity, as the case may be, voluntarily shares such Data on our Platform. We may further verify and collate the data by using the information about such individual or business entity available in the public domain, as permitted by law, to prevent cases of identity theft, fraud etc.

We do not collect Personal Information or data on purpose, from anyone under the age of 18 years. If we become aware that we have collected the Personal Information from children without verification of parental consent, we take immediate steps to remove that information from our servers. Therefore, if you are a parent or a guardian who becomes aware that a minor has provided us such Personal Information, please contact us for the removal of the same from our Platform.

Our platform may contain a link to third party websites and services that are outside our control. Such websites collect and store information and data about the User. The Firm takes no responsibility for the privacy practices followed by such websites or the content available thereof. The Firm takes no liability for any loss or damage arising directly or indirectly for use of such website by browsing or by transacting through it. Therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

GRIEVANCE REDRESSAL

In the event of any queries or grievances regarding our Services, Terms of use, Privacy Policy, or if you wish to report a security breach or otherwise require any assistance, you may contact our Grievance Redressal Officer at contact.samadhanco@gmail.com

ENTIRE TERMS OF USE

Except where otherwise expressly provided, the Terms of Use constitutes the understanding between the Users and the Firm with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written agreements or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms of Use and any other similar documents or understanding the provisions of these Terms shall prevail.

If you have any queries or concern regarding our Terms of Use, Privacy Policy, or any other policies, you can reach out us on our contact information given on our Contact us page or can write to us at contact.samadhanco@gmail.com

Term of Use

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