Terms Of Use

Agreement between User and FICL:

The Federation of Indian Corporate Lawyers (“FICL”) Website (“Website”) and FICL’s mobile app (“App”) are offered on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FICL Website constitutes your agreement to all such terms, conditions, and notices. The FICL Website and the App are composed of various web pages and content available thereon which is operated by FICL.

“FICL Website” and FICL’s mobile app shall be defined herein to include website-FICL.org.in and all other web pages operated or hosted exclusively by FICL and the content available on FICL’s mobile App (“Services”).

The FICL Website and FICL’s mobile App are offered to you conditional on your unqualified acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FICL Website and FICL’s mobile App constitutes your agreement to all such terms, conditions, and notices.

This Terms of Use (the "Terms") provided below is concerning the access and use of the www.FICL.org.in website ("Website") and FICL mobile app (“App”) which may be accessed via, but not restricted to, the World Wide Web, PDA, mobile phone, digital television, and RSS feeds. These terms and conditions apply whenever you access the site, on whatever devices. This Agreement is for an indefinite term and you understand and agree that you are bound by such terms till the time you access this site.

Modification of these Terms of Use

FICL reserves the right to change the terms, conditions, and notices under which the Website and the App are offered at our sole discretion, including but not limited to the charges associated with the use of the Website and the App. Your continued use of the Website and the App following the posting of revised Terms of Use would mean that you have accepted and agreed to the changes.

Binding Agreement

By using the Website and the App, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website and the App. If you do not agree to be legally bound by all the following terms please do not access and/or use the Site. By using the Website and the App as a reader or registered user, you are deemed to have accepted these terms and conditions.

Registration

When you register, you are registering as a personal user of the Website and the App Access to registration areas is via your email address and password. You are allowed access to the registration areas of the site on the basis that:

  1. Your email address and password are personal to you and may not be used by anyone else to access the Site.
  2. You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Site.
  3. You will comply with the Terms contained herein.

If for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of the Site and without giving you any advance notice.

Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to FICL for all activities that occur under your account. If you become aware of any unauthorized use of your password or your account, you agree to notify FICL immediately at FICL@FICL.org.in You agree to not share access to the FICL Website.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on the Website and the App are the property of Federation of Corporate Lawyers ("FICL"), its affiliates and associates, wherever applicable and are protected under applicable Indian laws. All contents of the FICL Website and the App are Copyright 2020 by FICL and/or its contents suppliers. Any infringement shall be vigorously defended and prosecuted to the fullest extent permitted by law. All rights reserved.

Copyright Policy

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content on the Website and the App in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content on the Site except for your own personal, non-commercial use. Any other use of the Site content requires the prior written permission of FICL.

Content available on the Website and the App including but not limited to articles, interviews, webinars, surveys, white papers, and briefings, etc are available for reprint, subject to the following guidelines:

  1. Reprint/Reproduction Requests

    1. Current members of FICL who would like to reprint content internally purely for non-commercial/personal use may do so at no further charge and without FICL’s prior written approval. It is a benefit of membership and being a contributor.
    2. Requests for commercial reprint/ reproduction including any use by non-FICL members, must be submitted to FICL at FICL@FICL.org.in. A small license fee may apply as agreed. The following language must appear on each page of such document:

    3. Reprinted with permission from the Federation of Indian Corporate Lawyers [YEAR]. All Rights Reserved. www.FICL.org.in


  2. Access Request

  3. Linking back to a specific resource on the Website and the App can be done without prior notice or permission from FICL unless otherwise specified by FICL, subject to any applicable Terms and Conditions, Terms of Use, Agreement, or other binding obligations.

    If you have further questions, please contact FICL directly at FICL@FICL.org.in

  4. Translation/Commercial Reproduction

  5. Please contact FICL at FICL@FICL.org.in if you are interested in either translating any FICL content into any language or reproducing the FICL content for commercial purposes. A fee may apply.

Access and Use

Access to and use of the Website and App is provided by Federation of Corporate Lawyers subject to the term that You agree to use the Website and the App only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website and the App. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website and the App

No unlawful or prohibited use

As a condition of your use of the FICL Website and the App, you warrant to FICL that you will not use the FICL Website and the App for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FICL Website and the App in any manner, which could damage, disable, overburden, or impair the FICL Website and the App or interfere with any other party's use and enjoyment of the FICL Website and the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FICL Website and the App, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

Use of Communication Services

The Website and the App may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least 18 years of age.

way of example, and not as a limitation, you agree that when using a Communication Service, you will not, inter alia,

  1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. Harm minors in any way.
  3. Impersonate any person or entity, including, but not limited to, a FICL’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the service.
  5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  8. Advertise or offer to sell or buy any goods or services for any business purpose.
  9. Solicit for any open jobs or positions, either temporary or permanent or make any other type of solicitation which FICL deems to be inappropriate.
  10. Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives in any manner.

FICL has no obligation to monitor the Communication Services. FICL cannot verify the accuracy of statements that users make or place on or through the Communication Services and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.

All comments, concerns about copyright ownership to any information posted on the Website and the App and can be made to FICL@FICL.org.in.

However, FICL reserves the right to:

  1. Review materials posted to a Communication Service and to remove or edit any materials in its sole discretion, including those in violation of these Terms.
  2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the FICL Website and the App.
  4. Change, terminate, or suspend the Communication Services, any features of the Communication Services, and any content or materials contained in the Communication Services, in any way, at any time and for any reason or no reason. FICL also has the right to require you to cease accessing any features, content or materials of the Communication Services.

Please always use caution when giving out any personally identifying information about yourself in any Communication Service. FICL does not control or endorse the content, messages, or information found in any Communication Service and, therefore, FICL specifically disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. FICL Members are not authorized to be FICL spokespersons, and their views do not necessarily reflect those of FICL.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You shall be responsible for adhering to such limitations if you download the material(s).

Disclaimer of Liability

FICL does not accept any responsibility for any statement in the content/material. The information on the website and the App are not and do not constitute legal advice. You must not rely on any statement we have published on the website and the App without first taking competent professional legal advice. Nothing in the content/material is provided for any specific purpose

We give no warranties of any kind and without any representations for material information, names, images, pictures, logos and icons-found in The Website and the App You can access other sites via links from The Website and the App.

These sites are not under our control and we are not responsible in any way for any of their contents.

FICL is not liable for any of the following losses or damages (whether such losses were foreseen, foreseeable, known or otherwise):

  1. loss of data.
  2. loss of revenue or anticipated profits.
  3. loss of business.
  4. loss of opportunity.
  5. loss of goodwill or injury to reputation.
  6. losses suffered by third parties.
  7. any indirect, consequential, special or exemplary damages arising from the use of the Website and the App regardless of the form of action.

You must take your precautions in this respect, as FICL does not accept any responsibility whatsoever for any infection by virus, by other contamination or by anything that has destructive properties.

The Website and the App and its content are provided "AS IS" and FICL excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website and the App are not warranted to be uninterrupted or without error. You, not FICL, will assume the entire cost of all necessary servicing, repair or correction due to your use of the website and the App if required.

The information, software, products, and services included in or available through the FICL website and the App may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FICL and/or its contents suppliers may make improvements and/or changes to the FICL website and the App at any time. Advice received via the FICL website and the App should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your particular situation.

FICL and/or its contents suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the FICL website and the App for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “AS IS” without warranty or condition of any kind. FICL and/or its contents suppliers hereby disclaim all warranties and conditions concerning this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall FICL and/or its contents suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the FICL website and the App, with the delay or inability to use the FICL website and the App or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the FICL website and the App, or otherwise arising out of the use of the FICL website and the App, whether based on contract, tort, negligence, strict liability or otherwise, even if FICL (or any of its contents suppliers) has been advised of the possibility of damages. If you are dissatisfied with any portion of the FICL website and the App, or with any of these terms of use, your sole and exclusive remedy is to discontinue forthwith using the FICL website and the App.

Indemnification

Except as prohibited by law, you will hold FICL and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including advocate's fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Services of the website and App.

International users

FICL makes no claims regarding access or use of the Website and the App and/or content therein outside of India. If you use or access the Website and the App and/or content therein outside of India, you shall be solely responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Minors

Please obtain permission from a parent or guardian before taking part in any discussion on the Website and the App.

Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).

Content

All the contents of the Website and the App are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Website and the App is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Website and the App. The information from or through this Website and the App is provided on an "as is" basis, and all warranties, expressed or implied of any kind, regarding any matter about any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

FICL shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Website and the App, or any of its contents, or from any act or omissions a result of using the Website and the App or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of the information contained on the Website and the App. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

Certain links on the Website and the App lead to resources located on servers maintained by third parties over whom FICL has no control or connection, business or otherwise as these sites are external to FICL you agree and understand that by visiting such sites you are beyond the Website and the App. FICL neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites

Charges

FICL reserves its right to charge subscription and/ or membership fees in respect of any part, aspect of this Website and the App upon reasonable prior notice.

Third-Party Material

You will see advertising material submitted by third parties on the Website and the App. Advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

Advertisement

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode, and extent of advertising by FICL on the Services are subject to change without specific notice to you.

Links to third-party sites

The FICL Website and the App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FICL, and therefore, FICL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FICL is not responsible for webcasting or any other form of transmission received from any Linked Site. FICL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FICL of the site or any association with its operators.

Materials provided to FICL or posted to FICL website and the App

FICL does not claim ownership of the materials you provide to FICL (including feedback and suggestions) or post, upload, input, or submit to FICL Website and the App (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting FICL and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with FICL.

No compensation will be paid concerning the use of your Submission, as provided herein unless explicitly agreed to the contrary. FICL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at FICL’s sole discretion. FICL reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the FICL Website and the App and the related services or any portion thereof at any time, without notice.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions Users of the Website and the App may submit material for publication, which also includes by way of comments in various areas of the Website and the App. We accept no liability concerning any material submitted by users and published by us and we are not responsible for its content and accuracy.

If you want to submit material to us for publication on the Website and the App, you may do so on the following terms and conditions:

  1. Publication of any material you submit to us will be at FICL’s sole discretion. FICL reserve its right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
  2. You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including, without limitation, print and electronic format.
  3. You declare to us that any material you submit to us is your original work and that you own the copyright and any other relevant rights.
  4. You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal.
  5. You agree not to post material including spamming which is deliberately intended to upset other users.
  6. You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
  7. We reserve the right to remove your access to individual services if we believe you are abusing the services in any way.

Submission of Graphic Material

When you send a photograph or other graphical material to us you do so in accordance with these Terms. This means that you hereby agree that you have taken the photograph(s) you have sent to us or you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way and at any time we want on the Website and the App The photograph(s) must not be defamatory and shall not break any laws.

Selected photographs and graphical material will be published at the discretion of the FICL and you will not be paid, even if your photograph(s) is (are) published. We may cut, edit, crop or arrange your photograph(s) or graphic as we think fit to appear on the Website and the App, and we may remove your photograph(s) or graphics at any time.

Your name will be published alongside your photograph(s) or graphic, but we may edit or delete any comments, which you submit along with your photograph(s) or graphic.

General

These terms may vary from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted any variation if you continue to use the Website and the App after it has been posted.

Perpetuity Rights

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and FICL have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

Force Majeure

Although we will do our best to provide constant, uninterrupted access to the Website and the App, FICL does not guarantee this nor does FICL accept any responsibility or liability for any interruption or delay due to any reasons beyond its control and force majeure conditions including but not limited to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of content.

Privacy and Personal Information

For information about FICL data protection practices, please read FICL’s Privacy Policy. This policy explains how FICL treats your personal information and protects your privacy when you use the Services. You agree to the use of your data in accordance with FICL's Privacy Policy. If you become aware of any unauthorized use of your password or your account, you agree to notify FICL immediately at ficlindia@outlook.com

Governing Law and Jurisdiction

These terms shall be governed by and interpreted in accordance with the laws of India and especially the Information Technology Act, 2000. All relevant rules, regulations, directions, orders and notifications will also apply. The Courts in Delhi shall have exclusive jurisdiction to the exclusion of other courts.

General Legal Terms

The Terms constitute the whole legal agreement between you and FICL and govern your use of the Services (but excluding any services which FICL may provide to you under a separate written agreement), and completely replace any prior agreements between you and FICL in relation to the Services.

You acknowledge and agree that the form and nature of the Services, which FICL provides, may change from time to time with or without prior notice to you.

FICL has its affiliated legal entities around the world (“Affiliates”). Sometimes, these organizations will be providing the Services to you on behalf of FICL. You acknowledge and agree that the Affiliates will be entitled to provide the Services to you.

As part of FICL’s continuing innovation, you acknowledge and agree that FICL may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally at FICL’s sole discretion, without prior notice to you. You may stop using the Services at any time however, you may specifically inform FICL when you stop using the Services.

You acknowledge and agree that if FICL disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

Unless you have been specifically permitted to do so in a separate agreement with FICL, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose, more particularly including not sharing the data supplied by other FICL members to law firms or other vendors who are not FICL members. You agree that you are solely responsible for (and that FICL has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FICL may suffer) of any such breach.

You acknowledge and agree that while FICL may not currently have set a fixed limit on the number of transmissions you may send, receive, or store/manage through the Services, such fixed limits may be set by FICL at any time, at FICL’s discretion.

You agree that if FICL does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FICL has the benefit of under any applicable law), this will not be taken to be a formal waiver of FICL’s rights and that those rights or remedies will still be available to FICL.

Unless FICL has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or member access with non-members or ineligible members.

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and FICL have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by mediation. If such efforts are unsuccessful, either you or FICL (collectively "Parties" or individually "Party") shall seek a resolution in a court of competent jurisdiction in Delhi, India.

The Terms, and your relationship with FICL under the Terms, shall be governed by the laws of India without regard to conflict of laws provisions. You and FICL agree to submit to the exclusive jurisdiction of the courts located in New Delhi, India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FICL shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

These Terms are effective as of March 2021.