Terms of Use | The Law Library

The Law Library at the URL www.tllindia.com (“TLL Website”) is a platform that offers for purchase, licenses to annotated templates, checklists, and other resources (“Licensed Content”) for use by legal practitioners, within the framework of the authorised practice of law in India. The TLL Website is operated and managed by TLL The Law Library Private Limited (“TLL”). TLL has its registered office at 716, Tulsiani Chambers, 212, Free Press Journal Road, Nariman Point, Mumbai - 400021, Maharashtra, India.

Upon accessing the TLL Website and prior to purchasing, downloading and/or using the Licensed Content you must carefully read, understand, and accept these terms of use, the privacy policy, and any other terms published by TLL which are collectively referred to as “Terms”. These Terms govern your use of the TLL Website, the Licensed Content, and form a contract between TLL and you.

1. Definitions & Interpretation

Capitalized terms used in these Terms of Use and not otherwise defined will have the meaning assigned to them under this clause.

1.1. “Act” refers to the Information Technology Act, 2000.

1.2. “Applicable Law” means any common or customary law, constitutional law, statute, regulation, resolution, rule, ordinance, enactment, judgment, order, decree, directive, notification, clarification, guideline, policy, statutory requirement, or other government restriction issued by a government authority, or any form of decision, determination, or interpretation of any of the foregoing by any government authority, now or in the future, as amended, re-enacted, or replaced, applicable to TLL and its users.

1.3. “Licensed Content” generally refers to all information and content available on the TLL Website, and specifically includes licenses to the annotated templates, articles, checklists, practice guides, arrangement and/or analysis of judgments available for purchase on the TLL Website.

1.4. “Person” means an incorporated or unincorporated entity, a natural person, or juristic person.

1.5. “Privacy Policy” refers to TLL's privacy policy as published on the TLL Website including any amendments or updates from time to time.

1.6. “Proprietary Marks” means and refers to the TLL's trade names, service marks, trademarks, trade dresses, get-ups, tag-lines, and logos, including but not limited to the term “TLL” and “The Law Library”, and any other trade names, service marks, and trademarks as may be adopted by TLL including, any characters, symbols, letters, or indicia of the trade name, service marks, or trademarks.

1.7. “Terms of Use” refers to these Terms of Use including any amendments made from time to time.

1.8. “Terms” refers to the Terms of Use, the Privacy Policy, and any other rules and policies that TLL may publish from time to time.

1.9. “TLL” refers to TLL The Law Library Private Limited.

1.10. “TLL Website” is the platform accessible at the URL www.tllindia.com

1.11. “You / Your” refers to any individual who, on their own behalf or on behalf of another person, accesses the TLL Website for any purpose. This includes, but is not limited to, browsing, viewing, purchasing licenses available on or through the TLL Website, submitting queries or information via the TLL Website, or using the TLL Website in any other manner.

1.12 Unless the context of these Terms of Use otherwise requires:

1.12.1 The headings are provided for convenience and ease of reference and shall not affect the construction or interpretation of any provision of these Terms of Use.

1.12.2 Any reference to the singular includes a reference to the plural and vice versa, and a reference to any gender includes a reference to all other genders.

1.12.3 References to a certain number of days mean calendar days unless otherwise specified.

1.12.4 In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including,” and the words “to” and “until” each mean “to and including.”

1.12.5 Unless stated otherwise, the words “include” and “including” will be construed without limitation.

1.12.6 References to the term “purchase” are limited to the purchase of licenses and/or the use of resources as a licensee.

1.12.7 Words importing persons will be deemed to include natural and juridical persons, i.e., individuals, incorporated entities, and unincorporated entities.

1.12.8 Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase will have corresponding meanings.

2. Accessing the TLL Website

2.1 The use of the TLL Website is governed by the Terms and Applicable Law. Subject to your acceptance and compliance with the Terms, TLL grants you a personal, non-exclusive, non-transferable, limited license to access and use the TLL Website. TLL may, at its sole discretion, suspend or revoke your license to access and use the TLL Website.

2.2 To be eligible to use and access the TLL Website, (i) for yourself: you must be competent to enter into legally binding contracts as defined under the Indian Contract Act, 1872; and (ii) on behalf of any other Person: you must be duly authorized to act on behalf of and by such Person and have the legal power and authority to bind such Person to the Terms. You represent and warrant that you are eligible to use and access the TLL Website in accordance with the Terms.

2.3 By accessing, viewing, and/or using the TLL Website, you agree to be bound by the Terms. You confirm that you have carefully read and understood the Terms. You must not use the TLL Website if you are not eligible to use and access the TLL Website and/or do not accept all of the Terms.

2.4 TLL may amend any portion of the Terms at any time by publishing the relevant amended and restated Terms on the TLL Website. You must review the Terms periodically and stay informed of all updates or changes. By continuing to use the TLL Website, you agree to be bound by the amended Terms.

3. Electronic Record

This document is an electronic record in terms of the Act and rules framed under the Act, as applicable on the date of publication of this document. This electronic record is generated by a computer system and does not require a physical or digital signature.

4. TLL Website - Overview

The TLL Website is a platform offering Licensed Content for use by legal practitioners.

4.1 Intended Use: The Licensed Content provided by TLL is designed for use by legal practitioners as a resource to educate themselves or to aid in delivering professional services within the authorized practice of law. TLL strongly recommends that a qualified legal practitioner contextualize the Licensed Content, which includes checking for correctness of the content. TLL acknowledges that the practice of law is dynamic and complex, and the Licensed Content is intended merely as an aid in delivering legal services by legal practitioners. The use of the Licensed Content is not a substitute for the advice or services of a legal practitioner.

4.2 Informed Purchasing: In most cases, you will have the opportunity to preview the Licensed Content before purchasing a license. An effort is made to provide relevant additional information on the suitability or specific intended use of the Licensed Content. However, you must use your judgment when purchasing the Licensed Content based on the available information. Purchases cannot be canceled and are non-refundable.

4.3 Enterprise Solutions: TLL offers customised solutions for legal departments of businesses, legal practitioners, and educational institutions. For more information, you may contact TLL.

5. Registration with TLL

5.1 To purchase the Licensed Content, you must create an account with TLL. You can sign up and log in to your account using any of the modes offered on the Login Page. TLL reserves the right to amend or modify the registration process, including the requirement for additional details to verify your account and/or bona fide use. TLL employs industry-standard safety protocols to store your login information and credentials securely.

5.2 You are solely responsible for the security of your login credentials. You must inform TLL of any unauthorized use of your account or breach of security. TLL is not liable for any loss, damage, liability, expenses, or attorney's fees incurred by you as a result of loss, theft, misappropriation, or any other misuse of your login credentials.

5.3 You are solely responsible for the authenticity and accuracy of the information you provide. The information you provide will be handled as described in the Privacy Policy. You represent that you have not falsely identified yourself or provided any false information to gain access to the TLL Website. You further represent that all information you provide is accurate, true, and correct and will remain so each time you use the TLL Website.

6. Payment and Delivery

6.1 The purchase of Licensed Content is completed upon the successful completion of the checkout process, which is confirmed by a notification of a successful transaction. The delivery of the Licensed Content is automated, and once a purchase is completed, it cannot be canceled or reversed. TLL does not offer refunds, store credit, or reverse any transactions once completed. If you do not receive the Licensed Content, you must contact TLL, and TLL will endeavor to troubleshoot the problem.

6.2 All payments made on the TLL Website are processed through a secured third-party payment gateway. TLL accepts payments via credit cards, debit cards, net banking, and other electronic funds transfer methods accepted by the third-party payment gateway. Payments through a third-party payment gateway are governed by the applicable terms and policies of the payment gateway.

6.3 While using any of the payment methods available on the TLL Website, TLL will not be responsible for or assume any liability for any loss or damage arising directly or indirectly to you due to:

(a) Lack of authorization for any transaction;

(b) Exceeding the preset limit mutually agreed upon between you and your bank or financial service providers;

(d) Decline of the transaction for any reason.

6.4 The purchase price of the Licensed Content is subject to change without prior notice. All payments for orders placed on the TLL Website must be made in Indian Rupees (INR) only.

6.5 Upon completion of the checkout process, the Licensed Content will either be delivered to the email address registered by you with TLL or for certain content made available through your account. TLL will also issue an electronically generated tax invoice to the account registered with TLL.

6.6 The link to access the Licensed Content will be valid for up to 30 days from the date of delivery. You must ensure the accuracy of the email address provided to receive the Licensed Content and verify that your mailbox can receive the Licensed Content. TLL will not accept any requests to redeliver the Licensed Content.

7. Taxes

7.1. The purchase price of the Licensed Content displayed on the TLL Website is inclusive of Goods and Services Tax.

7.2. To claim an input tax credit, you must provide your Goods and Services Tax Registration Number prior to checkout. TLL will not entertain any requests for the re-issue of invoices or amendments to invoices.

8. Intellectual Property (Ownership, Rights, Obligations & Restrictions - Website, Documents, Licensed Content & Components)

8.1 The TLL Website: TLL is the sole owner of all copyrights on the TLL Website. TLL is also the sole owner and/or lawful licensee of all rights subsisting in the TLL Website, including but not limited to customized software (including source codes), algorithms, design, layout, and non-literal visual and functional elements of the TLL Website. The title, ownership, and intellectual property rights in the TLL Website will remain solely and exclusively with TLL worldwide. No right, title, or interest will be transferred to you by providing access to the TLL Website.

8.2 License Attributions: The TLL Website may contain graphics, icons, images, photographs, designs, audio, video, and other content or items belonging to or originating from third parties. A list of attributions to the creators/authors of such third-party content is available at https://www.tllindia.com/attributions.

8.3 Proprietary Marks: TLL’s Proprietary Marks are registered or have pending registrations in various jurisdictions. TLL’s Proprietary Marks are protected under applicable intellectual property laws. Any unauthorized copying, modification, use, or publication of these marks is strictly prohibited and will be subject to appropriate legal proceedings against the unauthorized user and/or infringer of TLL’s Proprietary Marks.

8.4 Licensed Content: TLL holds the copyright in the Licensed Content offered by TLL. The title, ownership, and intellectual property rights in the Licensed Content offered by TLL will remain solely and exclusively with TLL worldwide. No right, title, or interest, other than as specifically provided under the Terms, is transferred to you by providing access to the TLL Website.

8.5 When you purchase a license to use the Licensed Content, TLL grants you a license to use the Licensed Content in the manner set out below:

8.5.1 License Permissions - What you can do:

8.5.1.1 As a legal practitioner - download, reference, and modify the Licensed Content to deliver legal services;

8.5.1.2 As a legal manager/legal department - download, reference, and modify the Licensed Content for use by the entity with which you are associated; or

8.5.1.3 As a trainer/educator - download and reference the Licensed Content for training or education purposes.

8.5.2 License Restrictions - What you cannot do:

8.5.2.1 Distribute, resell, or modify for distribution or resale the Licensed Content either as templates or in any manner similar to the manner in which TLL provides the Licensed Content;

8.5.2.2 Modify the Licensed Content and present it as supplied by TLL or display the modified work product as having an association with TLL;

8.5.2.3 Upload the Licensed Content on any web platform that distributes or resells the Licensed Content; or

8.5.2.4 Use the Licensed Content in any manner that is inconsistent with the authorized practice of law.

8.6 Except as expressly provided in these Terms, no part of the TLL Website, Proprietary Marks, or Licensed Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without TLL’s express prior written permission.

9. Updates

TLL reserves the right to update the TLL Website at any time without being obligated to procure your consent or provide you with prior notice.

10. Restrictions on the use of the TLL Website.

10.1 You agree not to use the TLL Website for any unlawful purpose or any purpose prohibited by these Terms.

10.2 You agree not to copy, adapt, reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the TLL Website.

10.3 You agree not to violate, circumvent, or attempt to violate or circumvent any data security measures or authentication procedures employed by TLL or its hosts. You further agree not to attempt to interfere with the TLL Website by any means, including, but not limited to, hacking or engaging in any activity that disrupts the uptime, display, or transactions carried out through the TLL Website.

10.4 You agree not to interfere with or disrupt the functioning of the TLL Website by any means, including, but not limited to, transmitting any worms, viruses, spyware, malware, or any other code of a disruptive or destructive nature.

10.5 You agree not to submit any information intended to impersonate another person or that belongs to another person to which you do not have the right to use.

10.6 You agree not to collect or attempt to collect personal data or any other kind of information about other users, including, but not limited to, employing scraping or crawling tools.

10.7 You agree not to engage in any activity that is likely to or tends to jeopardize, damage, limit, or interfere with TLL’s intellectual property rights or any other rights mentioned in the Terms.

10.8 You agree not to use any automated systems, including, but not limited to, "robots," "spiders," or "offline readers," to access the TLL Website in a manner that sends more request messages to the TLL servers than a human can reasonably produce in the same period using a conventional online web browser.

10.9 You agree not to use the TLL Website to transmit any unsolicited commercial communications, including, but not limited to, spam, advertisements, or promotional materials.

10.10 You agree not to use the TLL Website to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

10.11 You agree not to use the TLL Website to harass, abuse, or harm another person, including, but not limited to, sending unwelcome communications to others using the TLL Website.

10.12 You agree not to use the TLL Website to engage in any activity that could damage, disable, overburden, or impair any TLL server or the networks connected to any TLL server.

10.13 You agree not to attempt to gain unauthorized access to any portion of the TLL Website, other accounts, computer systems, or networks connected to any TLL server through hacking, password mining, or any other means.

10.14 You agree not to use the Licensed Content in any manner that is inconsistent with the authorized practice of law, including using the content without proper legal context or outside the scope of professional legal services.

By agreeing to these restrictions, you acknowledge that any violation may result in the suspension or termination of your access to the TLL Website and possible legal action.

11. General Disclaimer

11.1 The TLL Website is a resource for legal practitioners. The Licensed Content is intended for use by legal practitioners as a resource for their reference, education, or the delivery of professional services within the framework of the authorized practice of law. Each template, checklist, judgment, or practice guide should be contextualized by a qualified legal practitioner. Using the Licensed Content on an “as is” basis involves a high element of risk. The contents of this website, including any information available or downloaded from this website, are not legal advice and should not be construed as such. The Licensed Content is not a substitute for the services of a legal practitioner.

11.2 The Licensed Content is intended for reference purposes only and does not substitute the complexities involved in the delivery of legal services or legal advice.

11.3 The benefits you may derive from using the Licensed Content depend on how you contextualize and use it. TLL neither guarantees nor warrants any outcomes from the use of the Licensed Content. The potential benefits stated on the site are achievable only if the Licensed Content is optimized by a qualified legal practitioner.

11.4 There is no attorney-client relationship created between you and TLL.

11.5 The Licensed Content is created by humans, supplemented with other third-party tools (including AI tools), and may contain inadvertent errors.

11.6 TLL does not warrant that the TLL Website or the Licensed Content will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Access to the TLL Website and Licensed Content is provided on an "as is" and "as available" basis.

11.7 TLL makes no representations or warranties regarding the accuracy, completeness, or reliability of any Licensed Content. Any reliance you place on such information is strictly at your own risk. As a legal practitioner, you are responsible for your eventual professional output or service.

11.8 TLL disclaims any liability for any loss or damage arising out of your use of the TLL Website or the Licensed Content, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

11.9 The Licensed Content may include links to third-party websites or resources. TLL is not responsible for the availability or accuracy of such websites or resources, and TLL does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

11.10 You acknowledge and agree that any use of the TLL Website or the Licensed Content is at your own risk and discretion. You are solely responsible for any damage to your computer system or loss of data that results from such use.

11.11 The disclaimers, limitations of liability, and indemnities contained in these Terms will survive the termination or expiration of your access to the TLL Website and Licensed Content.

12. Disclaimer of Warranty

12.1 Access to the TLL Website is provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of fitness for a particular purpose. To the full extent permitted by law, TLL and its directors, officers, employees, affiliates, agents, and representatives disclaim all warranties, including any implied warranties. TLL does not warrant that the access and/or the use of the TLL Website will be timely, uninterrupted, error-free, secure, meet your requirements or expectations, free of viruses, bugs, or other harmful components, or that all defects will be corrected.

12.2 To the full extent permitted by law, TLL disclaims all warranties in relation to the Licensed Content, including any implied warranties of merchantability or fitness for a particular purpose and any warranties arising out of the course of dealing or trade usage.

13. Indemnity

13.1 TLL does not provide any indemnity to you with respect to the use of the TLL Website and by extension, the Licensed Content.

13.2 You agree to indemnify, defend, and hold harmless TLL, its directors, officers, employees, affiliates, agents, and representatives to the fullest extent permitted by law, against any claim, demand, suit, or proceeding made by any third party in relation to your use of the TLL Website in breach of the Terms; unlawful and/or unauthorized use of the TLL Website; and any other breach of obligations either under the Terms or any other agreement to which you may be subject. This indemnity survives the termination of your account/revocation of your access to the TLL Website.

14. Limitation of Liability

To the full extent permitted by applicable law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, TLL and its directors, officers, employees, affiliates, agents, and representatives will not be liable for any special, indirect, incidental, consequential, or punitive damages, including without limitation, any loss due to unauthorized use, errors, etc., in relation to these Terms of Use or the subject matter hereof, regardless of whether such liability arises from contract, indemnification, warranty, tort (including negligence), strict liability or otherwise, and regardless of whether TLL has been advised of the possibility of such loss or damage.

15. Privacy

15.1 Any personal information collected by TLL will be dealt with as per TLL's Privacy Policy and in compliance with applicable law. You may refer to TLL's Privacy Policy.

15.2 TLL reserves the right to cooperate fully with government authorities. TLL may disclose your identity and contact information if mandated by a government or law enforcement body or under other legal action. TLL will not be liable for damages or results arising from such disclosure, and you agree not to bring any action or claim against TLL for such disclosure.

16. Termination

16.1 TLL may terminate or suspend your account and/or disable your access to the TLL Website immediately, without prior notice or liability, if you are in breach of any of the Terms. Upon termination of your account/revocation of your access to the TLL Website, your right to use and access the TLL Website will immediately cease. This is in addition to any action that TLL may take against you for breach of any Terms.

16.2 All provisions of the Terms which by their nature survive termination will survive termination, including without limitation intellectual property rights, representations and warranties, disclaimer of warranties, indemnity, and limitations of liability. Termination of your account with the TLL Website/revocation of your access to the TLL Website will not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have towards TLL, including without limitation any indemnification obligations.

17. Governing Law & Dispute Resolution

17.1 The Terms are governed by the laws of India, without giving effect to any conflict of law principles in any jurisdiction in which the TLL Website may be accessed.

17.2 Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration. The seat and venue of the arbitration will be Mumbai, India. The tribunal will consist of one arbitrator, either mutually appointed by the parties or under the procedure of the Arbitration and Conciliation Act, 1996. The arbitration will be conducted in English. The law governing this arbitration agreement will be the Arbitration and Conciliation Act, 1996 (as amended and re-enacted at the relevant time).

18. Miscellaneous

18.1 The forbearance by TLL to enforce any provisions of the Terms will not constitute a waiver of any right under the Terms or of any subsequent enforcement of that or any other provision. If a court of competent jurisdiction holds any provision of the Terms invalid or unenforceable, the remaining provisions of the Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

18.2 All notices required or permitted under the Terms will be in writing and delivered by email, registered mail, prepaid postage with return receipt requested, and in each instance, will be deemed given upon receipt. All communications with respect to the Terms must be addressed to the Grievance Officer. All communications to you will be addressed to the email address provided by you at the time of registration with TLL.

18.3 TLL will not be responsible for any failure or delay in TLL's performance under the Terms, for reasons beyond TLL's reasonable control, including, but not limited to, penetration events such as hacking, malware, etc., disconnection by internet providers, internet outage, server breakdowns, server downtime, system incompatibility, strikes, labour disputes, lockouts, war, acts of terror, riot, acts of God, epidemics, pandemics, or governmental action and/or restrictions.

18.4 No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind TLL in any respect whatsoever.

19. Grievance Redressal

19.1 You may address grievances to legal@tllindia.com. TLL is available to address grievances between 11:00 A.M. and 5:00 P.M IST from Monday to Friday except for public holidays.

19.2 TLL will endeavor to address your grievances within a period of 72 hours (excluding intervening non-working days) from the receipt of your email.

19.3 Grievance officer: Pranay Mangharam

20. Effective Date

The Terms and any amendments thereto will be effective from the date the Terms were last published.

These Terms and Conditions were last published on 15th June 2024

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