This User Agreement ("Agreement") is entered into BY AIR LAW ACADEMY AND RESEARCH CENTRE, NAGPUR hereinafter called as ALARC for using the Website with Domain Name www.lawspice.com and
BETWEEN any individual or entity ("Customer") prior to Customer's use of the Subscription Service.
This Agreement governs the use of the lawspice, Online Service offered by ALARC which is an Educational Website that provides Online Courses, Educational Products, Subscription Service & Membership, any Professional Services, Online Clinical Trainings, Content about Law Degrees, Schools and Careers, where Customer Learns and research and compare educational Programmes, Mobile apps, and Many other products or services received from ALARC by Customer, whether on a free or paid basis (collectively, the "Services"). If Customer is a direct competitor to ALARC, ALARC reserves the right to disallow Customer's access to the Services.
BY ACCESSING, BROWSING OR USING THE WEBSITE AND THE SERVICES PROVIDED THROUGH OR IN CONNECTION WITH LAWSPICE.COM, CUSTOMER SIGNIFY AND ACKNOWLEDGE THAT CUSTOMER HAVE READ THE TERMS OF SERVICE AND AGREES THAT THE TERMS OF SERVICE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN CUSTOMER AND ALARC, AND THAT CUSTOMER AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS OF SERVICE. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE WEBSITE. CUSTOMER'S CONTINUED USE OF THE SERVICES FOLLOWING ANY POSTED CHANGES TO THE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF SUCH CHANGES.
CUSTOMER AGREE THAT BY USING THE SERVICE CUSTOMER REPRESENT THAT HE/SHE IS LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT THEY CERTIFY TO ALARC THAT THEY: (i) are at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent. Customer affirm that HE/SHE is over the age of 18 as lawspice.com is not intended for children under 18; (ii) Customer are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein and they assume full responsibility for the use of the Service by any minors; (iii) Customer agree that all information submitted through the Service, online or otherwise, is accurate and complete, and that have not knowingly submitted false information on or through the site; and, (iv) Customer use of the Service is subject to all applicable Central, State & Local laws and regulations.
- "Account Information" means personal information about Customer Users provided to ALARC in connection with the creation or administration of Customer User accounts @lawspice.com. For example, Account Information includes Names, email addresses, Mobile Numbers, University/Departments/College names, Courses & Semesters, and other profile information associated with a Customer User account. Account Information does not include aggregate or de-identified information compiled from Account Information that does not identify Customer, any Customer User, or any other individual.
- "Add-Ons" means optional features and applications/products/services developed by ALARC and purchased and included as part of Customer's subscription, including Premium Apps, and the other Add-Ons indicated in each Order.
- "Customer" means a user with a ALARC login registered to access and use a the Website.
- "Course Content" has the meaning given in Section 'Research Tools', 'Study Tools' & 'CLE Programme' of the Website.
- "Website Features" has the meaning given to all Educational Products, Professional & Subscription Services, Online Clinical Trainings, Career & Internship Programmes, etc provided on the Website.
- "Customer Content" means data, information, file attachments, text, images, personally identifiable information, and other content that is (a) uploaded or submitted to the Educational Products, Subscription & Professional Services, Online Clinical Trainings, Mobile Apps, Ambassador's Form, Application Forms and other related Service by Customer Users; and/or (b) collected by Customer Users from third parties using "forms" or similar features of the Subscription Service. Customer Content does not include usage, statistical, and technical information related to Customer Content that does not reveal the actual contents of the Customer Content.
- "Mobile Application" or "Mobile App" means the mobile application that can be download through the Apple App Store or Google Play Store, which allows Customer Users to access the Educational Products, Subscription & Professional Services, Online Clinical Trainings, Ambassador's Form, Application Forms and other related Service on their mobile device.
- "Non-Licensed User" means a user with a ALARC login who (a) is not a Licensed User and (b) accepts an invitation to join Customer's account and have his or her usage managed by Customer's SysAdmin.
- "Order" means (a) an electronic or tangible order form or (b) online order, setting forth commercial details of a subscription to the Educational Products, Subscription & Professional Services, Online Clinical Trainings, Mobile Apps, Ambassador's Form, Application Forms and other related Service by Customer Users (including any Add-Ons) and the purchase of associated Professional Services (if any), and incorporating this Agreement by reference.
- "Partner Apps" means applications developed and owned by third parties for which Customer purchases a license from ALARC under this Agreement and are made available to Customer exclusively in accordance with the terms and conditions of the end user license agreements accompanying them (except that the payment provisions of this Agreement will apply).
- "Premium Apps" means an Add-On developed by ALARC that allows for Customer Content to be viewed in a separate interface.
- "Professional Services" means implementation, configuration, collaboration, assistance, integration, training, internship, advisory, and other professional services related to the Subscription Service that are specified on ALARC Website.
- "Renewal Term" has the meaning given in Section 6.2.
- "Website" means ALARC's website at http://www.lawspice.com.
- "Subscription Service" means ALARC internet-delivered work collaboration service through lawspice.com.
- "SysAdmin" means a user with certain administrative control rights over Customer's subscription plan.
- "Training Resources" means ALARC's online training portal and the content therein.
- "Work Product" means all software, code, materials, ideas, deliverables, and items that are conceived, made, discovered, written, or created by ALARC's personnel & team in connection with providing the Professional Services.
Products & Services.
- Subscription & Professional Services- Subject to this Agreement and in consideration of the fees specified in any Purchase Order, ALARC will make the Professional & Subscription Service available to Customer throughout the Term. If Customer purchases a subscription or Professional Service to an Add-On, it will be deemed to include such Add-Ons except as otherwise expressly provided herein. ALARC hereby grants Customer a worldwide, revocable, non-exclusive, non-transferable right to access and use of Educational Product, Subscription & Professional Services pursuant to the terms and conditions of this Agreement.
- Lawspice.com may offer online courses in a specific area of conventional as well as clinical legal study or on a particular topic(an "Online Course"). Lawspice.com and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, quiz, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.
Use of the Subscription Service; Restrictions.
- The Service, and any content viewed through lawspice.com, is for Customer's personal and non-commercial use only. During Customer's membership, ALARC grants you a limited, non-exclusive, non-transferable, license to access the Website and Service and view lessons through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to the Customer.
- ALARC shall continuously update the lawspice.com service, including the course and content library. In addition, ALARC continually test various aspects of our Service, including website, user interfaces, service levels, plans, promotional features, availability of Course Tools & Research Tools including video lessons, audio-lessons, ppts, bare acts, Courses, delivery and pricing, etc. ALARC reserve the right to, and by using our Service Customer agree that we may, include in or exclude Customer from these tests without notice. ALARC reserve the right in its sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
- While any visitor can view the Website content, in order to fully use all lawspice.com features, Customer must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. Customer agree that HE/SHE will never divulge, lend, resell or share access or access information of Personal User Account with any third party for any reason. Customer also agree to that HE/SHE will create, use, and access only one User Account, and that will not access the Website using multiple User Accounts.
- Customer agrees not to archive, copy, download, reproduce, print, distribute, retransmit, modify, display, perform, publish, license, create derivative works from, offer for sale, commercially exploit or otherwise use (except as explicitly authorized in these Terms of Service)content and information contained on or obtained from or through the Service without express written permission from lawspice.com or its licensors. Customer also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or Service; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the content of the Website in anyway; or, use any data mining, data gathering or extraction method. In addition, Customer agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files or programs.
- The availability of content, courses and video lessons to watch will change, modify & amend from time to time, depending on location, law courses, subscription packages, and many others. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as Customer's location, the bandwidth available through and/or speed of Internet connection. Customer shall be responsible for all Internet access charges. Please check with Internet provider for information on possible Internet data usage charges. Lawspice.com makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a lesson will vary based on a number of factors, including your location, available bandwidth at the time, the course and lesson you have selected and the configuration of Customers device.
- Conditions. ALARC's provision of the Subscription Service is conditioned on Customer's acknowledgement and agreement to the following:
- All Customer Content stored utilizing the Educational Product, Subscription & Professional Services is maintained in encrypted form (in transit and at rest) and ALARC does not access Customer Content except:
- as requested by Customer to enable the provision of Customer support; and
- as necessary for ALARC to (1) comply with applicable law or legal proceedings, or (2) investigate, prevent or act against suspected abuse, fraud or violation of this Agreement.
For the avoidance of doubt, ALARC will treat as confidential any Customer Content accessed pursuant to this section. Unless prohibited by law, if ALARC receives a request from an individual to access, amend, or delete their personal information stored as Customer Content or Account Information provided by Customer, ALARC will refer such requests to Customer. Customer will be responsible for responding to such requests as required by applicable law, and ALARC will provide Customer with reasonable support as necessary to facilitate Customer's response.
- ALARC may automatically track certain information about Customer based upon their behaviour on ALARC's Website. ALARC will use this information to do internal research on Customers' demographics, interests and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis.
Login Credentials: Each set of login credentials for the Subscription Service may be used only by a single, individual Customer User. Customer agrees to promptly notify ALARC of any unauthorized access or use of which Customer becomes aware. Customer will be responsible for all use and misuse of the Educational Product, Subscription & Professional Services that occurs under Customer Users' login credentials, and for any breach of this Agreement by any Customer Users.
Prohibited Use. Customer will not, and will ensure that Customer Users do not: (a) "frame," distribute, resell, or permit access to the Subscription Service by any third party other than for its intended purposes; (b) use the Subscription Service other than in compliance with applicable laws; (c) interfere with the Subscription Service or disrupt any other user's access to the Subscription Service; (d) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view (e) submit to the Subscription Service any content or data that violates the Acceptable Use Policy, as updated by ALARC from time to time.
Usage Limitations: Customer's subscription is subject to the limits on Licensed Users set forth in each Order as well as the storage and other limitations set forth in the Subscription Limits Policy, as updated by ALARC from time to time.
Account Information: Account Information will be provided to ALARC by Customer Users, but Customer may provide certain Account Information (e.g., Customer User titles, Colleges/Departments, Courses/Semesters, Phone Numbers, or Profile Pictures) for Customer Users when configuring Customer's account. If the Customer chooses to buy or avail any Services on the Website, ALARC shall collect information about the buying behaviour.
Service Providers: In addition, ALARC may allow service providers who act on ALARC's behalf to process Customer Content and Account Information in connection with ALARC's provision of the Subscription Service.
Additional Products and Services.
Online Clinical Training: Customer may have access to the Clinical Training Resources. In such case, ALARC hereby grants Customer a worldwide, revocable, non-exclusive, non-transferable right to access and use the Clinical Training Resources during the Term for Customer's internal educational purposes, pursuant to the terms and conditions herein. Customer acknowledges that the Clinical Training Resources are subject to change, and ALARC does not guarantee the availability of any content. The Clinical Training Resources are not part of the Subscription Service.
Career & Internship Programme
Learn & Earn Programme
If Customer is provided with access to any Service at no charge, Customer acknowledges that (a) the version available to Customer may not include or allow access to all features and functionality available to paid subscribers and (b) the Service is made available to Customer on an "as is" basis without any warranty, support, maintenance, or other obligation of any kind. Add-Ons provided without charge are not part of the Subscription Service for purposes of this Agreement. ALARC may terminate Customer's free access to any Service at any time, unless otherwise specified. Any use of a Service at no charge is at Customer's sole risk and responsibility.
Term and Termination.
Term- This Agreement will remain in effect throughout the Term unless earlier terminated as set forth herein.
Term; Auto-Renewal of Orders- Each Order remains in effect for the initial subscription term ("Initial Term") specified therein and any subsequent renewal periods (each a "Renewal Term"), and collectively with the Initial Term, the "Term"). AFTER THE INITIAL TERM OF AN ORDER ENDS, ORDERS WILL AUTOMATICALLY RENEW FOR SUCCESSIVE SEMESTER TERMS UNLESS EITHER PARTY PROVIDES THE OTHER PARTY WRITTEN NOTICE OF NON-RENEWAL AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN-CURRENT TERM. Notwithstanding the foregoing, any non-subscription items purchased via an Order will not automatically renew.
Termination for Cause; Suspension: ALARC may terminate this Agreement immediately if the Customer breaches any material provision of an applicable Service Order, or this Agreement, and fails to cure that breach within thirty (30) days of written notice from the non-breaching party identifying the breach. In addition, ALARC may suspend Customer's access to the Subscription Service immediately if: (a) Customer fails to make a payment when payment is due; or (b) Customer has (or ALARC reasonably suspects that Customer has) breached or misappropriated or infringed ALARC's intellectual property or proprietary rights.
Effect of Termination: Upon expiration or termination of this Agreement for any reason: (a) all Products and Orders under this Agreement will terminate; (b) all rights and obligations of the parties hereunder will cease (c) Customer will remain obligated to pay for Educational & Professional Services rendered through the effective date of termination; and (d) Customer will not be entitled to any refund of fees.
Copyright, Trademark and Service Mark Notice Information: When accessing the Site or using the Service, Customer agree to obey the law and to respect the intellectual property rights of ALARC. Customer's use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. All content or other materials available on the Websites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, courses, outlines, audio and video clips, PPts, HTML files and other content are the property of ALARC and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the Indian laws.
Customer agrees to abide by laws regarding copyright ownership and use of intellectual property, and shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any transmit, or that is provided or transmitted using Customer Personal User Account.
As between the parties, ALARC retains all right, title and interest in and to: (a) the Services, Educational Product (except for any Customer confidential information used to develop the Work Product), and the technology and software used to provide them, and all intellectual property and proprietary rights therein; and (b) all electronic and print documentation and other content and data (excluding Customer Content and Account Information) made available through the Services. Except for the licenses as set forth in this Agreement, this Agreement does not convey any of ALARC's intellectual property or proprietary rights to anyone, including Customer. Customer agrees that ALARC will have a perpetual right to use and incorporate any feedback or suggestions for enhancement that Customer or a Customer User provides to ALARC regarding the Services without any obligation of compensation.
Confidentiality of ALARC Information:
Customer: (a) will not use Confidential Information for any purpose except in connection with this Agreement; (b) will not disclose, give access to, or distribute any of the Confidential Information to any third party, except to the extent expressly authorized in a separate written agreement signed by ALARC and (c) will take reasonable security precautions (which will be at least as ALARC.
Intellectual Property; No Obligation to Disclose. ALARC retains all rights, title, and interest in and to the Confidential Information, including all intellectual property and proprietary rights therein. The disclosure of the Confidential Information to Customer does not grant or convey any right of ownership of such Confidential Information.
Required Disclosures. Customer may disclose the Confidential Information to the extent required by law or legal process. In such cases, however, Customer will (except to the extent prohibited by law or legal process from doing so) give ALARC prior notice of such disclosure so as to afford ALARC a reasonable opportunity to appear, object, and obtain a protective order or other appropriate relief regarding such disclosure.
Customer acknowledges that the Services may experience periods of downtime, including but not limited to scheduled maintenance. ALARC makes no representations or warranties with respect to the Products, Services, and any information or materials related thereto or made available therefrom, whether express or implied. ALARC specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. ALARC does not warrant that the services will be error-free or operate without interruptions or downtime. ALARC makes no representations and warranties with respect to the third-party applications and community content, and expressly disclaims all responsibility therefor.
Limitation of Liability.
Exclusion of Consequential and Related Damages; Cap on Damages. ALARC will not be liable for any loss or damages of any kind including any direct, indirect, incidental, special, consequential or exemplary damages (including without limitation reasonable attorneys' fees, expenses, and court costs) arising out of or relating to these terms of service or Customer (or any third party's) use or inability to use the service, website, online course, or data loss or placement of content on a site or reliance upon information obtained from or through an online course or site, or for cost of procurement of substitute products and services or resulting from any products or services purchased or obtained or messages received or transactions entered into through the service.
Customer agrees to indemnify, defend and hold harmless ALARC & lawspice.com, including its owners, shareholders, parent entity, partners, officers, directors, agents, employees, parents, subsidiaries, affiliates, successors, advertisers, clients, instructors, staff and third party service providers(collectively, "lawspice.com parties"), and hold them each harmless from any and all claims or demands, liabilities, expenses and damages, including reasonable attorney's fees and costs, made by any third party due to or arising from customer use or attempted use of the websites, service or online course, violation of these terms and conditions or violation of any law or rights of a third party or information that Customer post or otherwise make available on the site or through the service, or online course, including without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Neither party is liable for delay or default under this Agreement if caused by conditions beyond its reasonable control. This Agreement and any Orders are governed by the Substantive & Procedural Laws of the India, without regard to its conflicts of law rules. The waiver of any breach of any provision of this Agreement or of any Order will be effective only if in writing, and no such waiver will operate or be construed as a waiver of any subsequent breach. If any provision of this Agreement or of any Order is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not permitted by law), and the rest of this Agreement or the relevant Order is to remain in effect as written. Notwithstanding the foregoing, if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this Agreement or any Order, the entire Agreement or the relevant Order will be deemed null and void.
ALARC reserves the right to modify this Agreement by posting a revised version on the Site. Except in the event of extenuating circumstances, revisions will be effective fifteen (15) days after posting. Continued use of the Services after the effective date of a revision will constitute Customer's agreement to the modified Agreement. For the avoidance of doubt, Customer will not receive a refund of fees on termination of account if the Customer does not agree to the Modification of this Agreement. Customer's continued use of the Subscription Service after the effective date of a revision will constitute acceptance of the modified Agreement.
No Third-Party Beneficiaries
Customer agrees that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
ALARC may terminate or restrict CUSTOMER'S use of Service, without compensation or notice if Customer is, or if ALARC suspect that CUSTOMER is (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service.