In addition, you understand that the specific method, features and services offered on Help2Consumer.com may be altered, improved, removed or adapted at any time by Help2Consumer.com in its sole discretion and without any notice. If you do not agree with any of these terms, do not use this site.
- Help2Consumer.com is no way, directly or indirectly responsible for the advice and assistance provided by the Lawyers & Consumer Organisation. We are an independent third party enablers who have built a platform where the clients can communicate with, and if the need be, meet the Lawyers & Consumer Organisation. Help2Consumer.com has no control over the Services provided by the Lawyer & Organisation. Help2Consumer.com will not be responsible in case of any issues/discrepancies with the Services provided by the Lawyer & Organisation.
- Help2Consumer.com has full rights to publish the consumer complaint & legal advice provided to their clients on their portal and in any external communication for public knowledge sharing. However, in none of the published content the user details will be displayed excluding name of complainant. In case you wish any of your questions and their respective answers ‘not’ to be published, please use any of the other services’ options.
- Help2Consumer.com has multiple Lawyers & Consumer Organisation for the same service vertical / sub vertical categories and there might be instances wherein a similar question has been answered in two different ways by the Lawyer(s). Help2Consumer.com takes no liability towards these different opinions and answers of the Lawyers & Consumer Organisation and encourages you to take another opinion from ‘your’ Lawyer / alternately decide which opinion to go ahead with based on merits and logical conclusions.
All of the materials and information on the Site are provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. The materials and information on the Site do not necessarily reflect the opinions of the Lawyers & Consumer Organisation of the Law Firms, their partners, clients or affiliates. The information in the Site is not guaranteed to be correct, complete or up to date. The mere receipt of an e-mail from or a “post” on the Site does not create an Lawyer-client relationship. The applicable Lawyer / Law Firm is solely responsible for providing its services to you, and you agree that Help2Consumer.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services (including, without limitation, claims based on malpractice). You agree that any claim arising out of your relationship with a Law Firm or Lawyer or Consumer Organisation shall be brought solely against such Law Firm or Lawyer, and, as Help2Consumer.com is doing nothing more than assisting the Law Firms to enable their respective practices, neither Help2Consumer.com nor any of its licensors or affiliates shall be included within any such claim.
Help2Consumer.com, Lawyers & Consumer Organisation / Professionals using Help2Consumer.comto provide online consultations (collectively “Lawyers & Consumer Organisation”), Affiliates and Third-party providers (collectively “Affiliates”) would serve you to the best our ability under the following terms and conditions:
- Using the Help2Consumer.com website
All users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered.
The User takes full responsibility for ensuring that the information submitted is accurate. Help2Consumer.com shall make no effort to validate any information provided by the Consumer for use in Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed.
Use of Help2Consumer.com Services requires basic familiarity with the Internet, related payment services and general security practices. The Consumer is expected to possess the necessary internet-usage skills and knowledge to avail Help2Consumer.com Services.
- How does it work?
If you choose to submit a complaint on Help2Consumer.com, you will be charged small fees; however, reply to your Complaint / Questions may be delayed before processing. Also, any answers you receive from Lawyers & Consumer Organisation to Complaint / Questions will not involve any Lawyer-client relationship and will be publicly displayed and viewable by all Users. You cannot choose the Lawyer that’ll answer the Question submitted by you – this is decided by the system automatically. The Lawyer may choose NOT to answer your question with or without assigning a reason for the same. You will be intimated in such cases via email and / or phone. Our Lawyers & Consumer Organisation might be unavailable at times owing to existing questions lined up with them, and we will not be accepting questions during such times. We apologize for the inconvenience this might cause, and request you to try submitting a complaint / question after a while or opt for a Paid Service, wherein you can even choose the Lawyer who answers your Question.
If you choose to opt a Paid Service at Help2Consumer.com, you will be charged a fee. The fee paid by you is paid to the Lawyer / consumer organization or our associated legal team and is a payment by which you compensate the Lawyer for the time spent in providing you with services in a limited-scope Lawyer-client relationship. The fee is also intended in part to cover Help2Consumer.com ‘s costs in processing your online booking, maintaining, administering and operating the website. This limited Lawyer-client relationship is discussed more fully under point no. 29. The fee paid towards paid consultation is only towards the scope defined under the services offered for that particular booking and post the consultation, you may or may not engage the Lawyer / organization directly towards any further services you wish to avail from the respective Lawyer. Help2Consumer.com is no way, directly or indirectly responsible for the advice and assistance provided by the Lawyers & Consumer Organisation.
Though listing on Help2Consumer.com may increase the exposure and accessibility of a Lawyer, we are not an advertising portal where businesses are listed on a priority driven by the fees paid. Our search and sort functionality is purely driven by the user entered information and the built-in algorithm.
WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
- Independence of Lawyers & Consumer Organisation
The opinions, statements, answers (collectively “consultation”) provided by the Lawyers & Consumer Organisation via Help2Consumer.com are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Help2Consumer.com, its affiliates or any other organizations or institutions to which such Lawyer or such specialist or professional is affiliated or provides services. Help2Consumer.com does not recommend or endorse any specific tests, Lawyers & Consumer Organisation, products, procedures, opinions, or other information that may be mentioned on Help2Consumer.com or by a licensee of Help2Consumer.com.
The inclusion of professionals and specialists on Help2Consumer.com or in any professional directory on Help2Consumer.com does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and Help2Consumer.com disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
You agree that you understand that the Lawyers & Consumer Organisation who participate in the Help2Consumer.com are not employed by or agents of Help2Consumer.com. Although Help2Consumer.com does require Lawyers & Consumer Organisation to provide basic information about themselves to Help2Consumer.com (for example, information about the jurisdictions in which they are licensed, information about areas in which they practice and consider themselves competent and knowledgeable), and although Help2Consumer.com does rely upon and pass on this information to Users for their use, Help2Consumer.com does not separately verify this information and makes no representations as to the qualifications of any Lawyers & Consumer Organisation. No listing of any Lawyer on this site, and no information of any kind or answers provided by any Lawyer, constitutes an endorsement, recommendation or referral of any Lawyer. Lawyers & Consumer Organisation do not provide any compensation or make any payment to Help2Consumer.com in order to become Lawyer of Help2Consumer.com or in order to answer any questions by Users on Help2Consumer.com.
In connection with their participation on Help2Consumer.com, Lawyers & Consumer Organisation do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you are encouraged to investigate or perform your own due diligence concerning the Lawyers & Consumer Organisation and their qualifications.
No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Lawyers & Consumer Organisation. We urge all potential clients to make their own independent investigation and evaluation of any Lawyer being considered.
- Membership Terms
You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your Help2Consumer.com account. You agree to prohibit anyone else from using your password and immediately notify Help2Consumer.com of any unauthorized use of your password or other security concerns.
No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or it Services, or access to the Site or its Services.
You are prohibited from using any type of computer ‘worm,’ ‘virus’ or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of Rs. 1,00,000 for each day that the Site is damaged until the Site is completely repaired and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
You are not permitted to collect or store personal data about other users.
You are not permitted to access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.
You are permitted to use the Site to find a Lawyer to perform services for you related to your problem and to obtain general information about similar cases (each, a “Permissible Use”). You are not permitted to use the Site for any other reason other than a Permissible Use as described above. Impermissible Uses shall include, but are not limited to, using the Site to order to solicit, hire, engage or otherwise work with the employees or affiliates of Help2Consumer.com or the Lawyers & Consumer Organisation, to interfere or attempt to interfere in the relationship between Help2Consumer.com and such employees, affiliates, Lawyers & Consumer Organisation, or for any other purpose other than described herein (each, an “Impermissible Use”). If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of Rs.2,50,000 for each Impermissible Use, and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. You further agree that this liquidated damages provision reasonably approximates actual costs, losses, and expenses which would be incurred by Help2Consumer.com due to any such Impermissible Use. You also agree that nothing in this section is intended to limit Help2Consumer.com ’s right to obtain injunctive and other relief as may be appropriate.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
You agree to not harm minors in any way.
In the event you submit information through the Site, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof).
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. We do not control all of the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
You acknowledge that we may or may not pre-screen Content, but that our designees and we shall have the right (but not the obligation) in our sole discretion to prescreen, refuse, or move any Content that is available via the Site. Without limiting the foregoing, our designees and we shall have the right (but not the obligation) to remove any Content that violates this agreement or is otherwise objectionable.
- Scope of Services
Help2Consumer.com (the owners and the employee staff of the Site) and third-party professionals who offer services through the Site accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of the Site.
Help2Consumer.com does not guarantee that a web-based consultation, over-phone consultation or in-person / video consultation is the appropriate course of treatment / solution for your particular problem.
- User’s Profile at Help2Consumer.com
Your Help2Consumer.com Profile is created to store record of your consultations and your personal query / problem information online, including history, etc.
Any information provided as part of a web, over-phone or an in-person / video consultation becomes part of your Help2Consumer.com Record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary.
Help2Consumer.com reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Help2Consumer.com Service according to its internal record retention and/or destruction policies.
You might be contacted via email to review the information provided by you for Help2Consumer.com Record or for Online Consultations. Please make sure you provide a valid email-id and you update it as and when needed.
- Supplementary Communication
Help2Consumer.com may send you newsletters and other information regarding common related topics or preventive care messages containing specific services’ related information, links to other related websites and specific questions related to your Help2Consumer.com Record. Additionally, Help2Consumer.com makes available self-care informational services that provide general, and specific services’ information.
These communications and resources are not comprehensive and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for user-specific query / problem evaluation or construed, directly or indirectly as the practice of that particular service or dispensing of that particular service by Help2Consumer.com.
The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by Help2Consumer.com. Help2Consumer.com makes no warranty with respect to the content of these materials or the information contained therein.
We are not responsible for anything outside of Help2Consumer.com. Now or in the future, the Content and Services may link you to other web sites or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not Help2Consumer.com, and the information there is outside of our control. We do not control, endorse, or review the content of these sites, and we are not responsible for such content.
- Protection of Proprietary Information
You agree that the Services, which include all software and information, both electronic and printed media, contain trade secrets and other proprietary intellectual property and are the proprietary property of Help2Consumer.com. They are protected by trademark laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You will not otherwise attempt to transfer any right in the Services (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. You agree that violations by you, any other person or entity, of these trade secrets and / or other intellectual property protections or the terms of this Agreement will be lead to prosecution under the Indian Laws and Bylaws. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of Help2Consumer.com.
Only for the duration of being logged into the Consumers’ valid Help2Consumer.com account, the consumer is hereby granted a revocable, non-exclusive, non-transferable license to use the services for personal, non-commercial purposes; subject to terms and qualifications of Agreements of Help2Consumer.com.
With the exception of your case records, Help2Consumer.com retains all rights, titles and interests pertaining to Help2Consumer.com, the Help2Consumer.com Services and any content, products, documentation, software or other materials on the Help2Consumer.com web site along with any trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing.
Help2Consumer.com welcomes comments, suggestions and submissions by its Consumers including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to Help2Consumer.com The act of commenting, suggesting or submitting shall act as a full assignment of all rights whatsoever (Intellectual property) to Help2Consumer.com. Help2Consumer.com shall have the right to use the same as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer.
Except as expressly provided herein, no other right or license with respect to any trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by Help2Consumer.com are expressly reserved to Help2Consumer.com and its licensors and information and content providers.
Contact us if you believe information on our website infringes your copyright. If you believe any materials accessible on or from Help2Consumer.com infringe your copyright, you may request removal of those materials.
No part of the materials including graphics or logos, available in this Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission.
- Etiquette and Privacy
The resources of Help2Consumer.com should not be used to impersonate another person or misrepresent authorization to act on behalf of others or Help2Consumer.com. All messages transmitted via Help2Consumer.com should correctly identify the sender. The Consumer should never alter the attribution of origin in electronic mail messages or while posting any information.
Help2Consumer.com has zero-tolerance for unsolicited bulk email, unsolicited posting to news groups, marketing gimmicks/spam/scams in community resources, or other illegal activities. The Consumer shall not infringe upon the rights of others, spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe trademarks, or other intellectual property rights. The Consumer further agrees to comply with Indian export laws concerning the transmission of technical data and other regulated materials via the World Wide Web.
The Consumer agrees to indemnify and hold Help2Consumer.com harmless for any and all acts found or suspected to be in violation hereof. The Consumer’s account will be terminated for any of the above infractions.
The Consumer shall not attempt to undermine the security or integrity of computing systems or networks of Help2Consumer.com, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
Help2Consumer.com reserves the right to terminate any account which doesn’t follow our Terms and Conditions.
- Electronic Payment
Help2Consumer.com may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
You agree, understand and confirm that the bank / debit / credit card details provided by you for availing services of Help2Consumer.com will be correct and accurate. These details are entered by you directly at the third party payment service provider webpage and Help2Consumer.com does not have any access whatsoever to your payment details.
Help2Consumer.com cannot assist with a stop payment request for any payment scheduled using a Payment Account credit/debit card. In any such case, you must immediately and directly contact your credit/debit card company/bank.
- Payment, Cancellation & Refund Policy
All fee has to be paid upfront before availing any paid service at Help2Consumer.com.
In the event of cancellation of any paid consultation for which payment has been successfully made and a confirmation number has been generated, and the consultation has not been concluded due to any avoidable / unavoidable reason(s) we must be notified of the same in writing – by an email at firstname.lastname@example.org.
Cancellation charges will be effective from the date we receive your email. Cancellation can be requested no later than 24 hours before final delivery time / Appointment time.
Our Customer Service team will contact you within 7 business days and in cases where the Lawyer has not delivered the booked consultation, we will return your money within 15 business days from the day the request for Cancellation was received.
Please note that there will be a nominal deduction (20%) in the amount refunded, payable towards online payment processing. The refund will be processed directly in your Bank / Credit Card account that was used to make the payment.
In the event your request for consultation is accepted but post-payment due to unexpected and extenuating circumstances, your request for consultation is rejected or cancelled; You will be given an option of opting for another request for consultation OR will be offered a complete refund, if you so desire. The refund will be credited to your account within 15 working days.
In case your credit card/debit card/payment account has been accidentally over-charged, please notify Help2Consumer.com of the same at the earliest. Help2Consumer.com will refund the outstanding amount to your Payment Account within 15 working days. In the reverse scenario, if the transaction amount during payment of the fee happens to be less than the actual fee amount, Help2Consumer.com will debit the outstanding amount from your Payment Account and notify you of the same.
It is mandatory for the users to maintain unique Transaction ID numbers, which would be provided at the time of placing a request. This number would be required to address any problems, if any.
In the majority of cases, there is NO other situation under which Help2Consumer.com will provide a refund, except for the condition expressly mentioned above under Refund Policy. In exceptional circumstances, the Help2Consumer.com team will work with you to reach a mutually acceptable solution. Help2Consumer.com intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with consumers. The maximum refund amount claimable from Help2Consumer.com cannot exceed the amount paid by the user at Help2Consumer.com for availing the Lawyer’s service(s).
No refund in any case whatsoever can be claimed from Help2Consumer.com for the amount paid to the Lawyer directly by the user.
Please note that there will be a nominal deduction (20%) in the amount refunded, payable towards online payment processing. The refund will be processed directly in your Bank / Credit Card account that was used to make the payment.
- Suspension due to non-compliance with Agreement
Help2Consumer.com will make all possible efforts to provide you the best services for your payment. However, Help2Consumer.com shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances:
If you have not provided accurate details including contact information (user’s email and/or phone number), username and Payment account information.
If the transaction for payment doesn’t go through with your bank due to (including but not limited) insufficient funds, fraudulent access, failure of processing the request by our Affiliate merchants or your bank.
If circumstances beyond the control of Help2Consumer.com (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction.
If you don’t respond to requests of more information (if needed) by the Lawyers & Consumer Organisation to make a consultation. We would intimate you the needful via email and/or phone and/or as a message in your Help2Consumer.com account.
If the user is in breach of any of the Terms and Conditions of this Agreement and/or the Terms and Conditions of the usage of Help2Consumer.com.
You acknowledge that your use of the Help2Consumer.com Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on Help2Consumer.com is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on Help2Consumer.com. All information, products or services contained on or provided through this website are provided “as is”, without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. Help2Consumer.com and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.
Third-party content may appear on this Site or may be accessible via links from this Site. We shall not be responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by us nor does it reflect our beliefs.
The Site may contain ‘hyperlinks’ to websites neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these sites or with respect to any service or product associated with these sites. By including these hyperlinks, we do not mean to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Without limiting the foregoing, Help2Consumer.com and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Help2Consumer.com products and services provided hereunder. Help2Consumer.com makes no representations or warranties about the satisfaction of government regulations.
Help2Consumer.com will take all necessary precautions to protect itself against failure of our hardware and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that Help2Consumer.com shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. Help2Consumer.com makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including without limitation messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Site at any time. In no event shall we be liable for any such errors or defects.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN ‘AS-IS/AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH Lawyer / PROFESSIONAL, AND NON-INFRINGEMENT. NEITHER Help2Consumer.com NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY Lawyer / PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, ANY Lawyer / PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
- Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE SECTIONS ABOVE MAY NOT APPLY TO YOU.
You shall defend, indemnify, save and hold Help2Consumer.com , its affiliates harmless from all demands, liabilities, claims and expenses, including Lawyer’s fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided.
When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect.
Under no circumstances, including negligence, shall Help2Consumer.com including (its Affiliates) or anyone else involved in creating, producing or distributing Help2Consumer.com Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Help2Consumer.com Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Help2Consumer.com records, programs or services. This paragraph shall apply to all content and functionality of Help2Consumer.com Services.
Notwithstanding the above, the Consumer’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which the Consumer paid directly to Help2Consumer.com for the service in question. Such limitations shall apply to Help2Consumer.com total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
In no event shall Help2Consumer.com nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall Help2Consumer.com nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of Help2Consumer.com is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions.
- Third Party Protection
The indemnification and disclaimers provisions set forth above are for the benefit of Help2Consumer.com and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of New Delhi, India and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles.
Any dispute with Help2Consumer.com shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India. No party shall object to removal or prosecution of any litigation to a court within the jurisdiction of New Delhi, India.
Any cause of action or claim you may have with respect to Help2Consumer.com must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable.
- Right to Operational Functionality
Help2Consumer.com reserves complete and sole discretion with respect to the operation of our Services. We may, among other things withdraw, suspend or discontinue any functionality or feature of our Services.
By using the Site, you do not acquire any rights to the Site other than the limited license to use the Site that can be terminated in accordance with this section. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, non-payment, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
- Right to Modify Terms of Service
You agree and confirm that the Terms of Service may be amended from time to time without notice and take responsibility to update yourself periodically with the latest version available on Help2Consumer.com website. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our website. Unless we notify otherwise, these terms incorporate and supersede any other terms associated with the Services.
Help2Consumer.com has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
Help2Consumer.com may provide notice to you- the Consumer, by e-mail to the e-mail address provided by you during registration, by a general notice on the Help2Consumer.com Web site. You may give notice to Help2Consumer.com at any time via email to email@example.com.
- Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
- Lawyer / Professional Ethics Notice
If you are Lawyer / Professional, participating in any aspect of this Site, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of your respective profession, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
The section titles in this agreement are for convenience only and have no legal or contractual effect.
Help2Consumer.com does its best to protect your privacy with respect to information not otherwise disclosed by you in questions submitted to Help2Consumer.com.
In connection with the submission of Free Questions and Paid Consultations, we only require, and we encourage you to only provide, the minimum amount of personal identifying information necessary to process a question. All of your personal information provided to Help2Consumer.com, including email addresses, is concealed from all other Users of Help2Consumer.com and is never published as part of the Help2Consumer.com public database. Only the Help2Consumer.com administrators have access, for purposes of site administration only, to this information. Help2Consumer.com will not disclose this information to third parties without your permission, except in the following circumstances: (i) to protect ourselves from liability, or (ii) to respond to legal process or to otherwise comply with the law. With respect to certain information supplied by you, as explained further below, there will be a need for disclosure to Lawyers & Consumer Organisation / Professionals when you have booked a paid consultation.
Whether other information submitted to Help2Consumer.com by you, such as the contents of the Question itself, will be publicly disclosed will vary as between Free Questions and Paid Consultations:
Free Questions & Answers. After a Free Question is answered, the Free Question and its answer are automatically posted to the Help2Consumer.com public database. The contents of these Free Questions and their answers are visible to all Users of Help2Consumer.com and to Lawyers & Consumer Organisation / Professionals. Thus, Free Questions and answers to them are neither confidential nor privileged in any way. Although the contents of the Free Questions and their Answers are visible, the names and identifying information of the User who submitted the Free Question will not be visible to all Users of Help2Consumer.com and Lawyers & Consumer Organisation / Professionals. Of course, you must understand that, because the Help2Consumer.com Answers public database is public, you may lose some privacy by posting Free Questions and their corresponding answers. Your view of the facts, or the way you frame a question, may well reveal something about your thinking about a problem that you may not want others to know. It’s your choice.
Paid Consultations. Unlike a Free Question, when a Paid Consultation is booked, the contents of the details shared by you while booking the Paid Consultation are kept private and are not visible to all Users of Help2Consumer.com or to non-concerned Lawyers & Consumer Organisation / Professionals.
Because Users booking Paid Consultations will be entering into a limited-scope Lawyer / Professional-client representation with Lawyer / Professional, before Lawyer / Professional can enter into this relationship, the Lawyer / Professional must first determine that there are no conflicts of interest (for example, conflicts of interest between the User and another client or former client of the Lawyer / Professional). In order to accomplish this, the Lawyer / Professional must be supplied with the full name and, if provided, the contact details of the User. Similarly, Help2Consumer.com administrators will have access to this information in order to ensure that it is properly transmitted to Lawyers & Consumer Organisation / Professionals and for the purpose of getting your question answered.
In booking a Paid Consultation, you are giving permission to Help2Consumer.com to transmit this information to Lawyers & Consumer Organisation / Professionals and to provide access to this information to Help2Consumer.com administrators for this purpose. You understand that if Help2Consumer.com has reason to believe that non-compliance of its Terms and Conditions has occurred, its administrators may review the communications between a User and the Lawyer / Professional to confirm whether such parties are in compliance. Help2Consumer.com expressly agrees with respect to Paid Consultations to respect and protect the confidentiality of any confidential client information or Lawyer / Professional-client privileged information contained in the information you share while booking your Paid Consultation and in the opinion / answer provided by Lawyer / Professional. Other than as indicated above, we will not disclose this information to third parties without your permission except to respond to a legal process or comply with the law.
- No Responsibility for Posts
Help2Consumer.com does not review or approve the questions or answers submitted to Help2Consumer.com. The views expressed therein are those of the posting Users and Lawyers & Consumer Organisation / Professionals and do not necessarily reflect those of Help2Consumer.com.
Help2Consumer.com assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability, competence or completeness of any of the information or advice in the posts. Use the advice and information provided at your own risk.
- Ownership of Content
By submitting a Complaint / Question to Help2Consumer.com, you understand and agree that your complaint / question and any answer provided by Lawyer / Professional will become part of the Help2Consumer.com public database and the sole property of Help2Consumer.com.
Thus, as to all Complaint / Questions and any answers, you agree that, without any compensation to you, Help2Consumer.com will own all rights to the submitted Complaint /questions and answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
- Use of Help2Consumer.com – No Lawyer-Client Relationship Other than for Paid Consultations
Unless you enter into an agreement to book a Paid Consultation and into a specific limited-scope Lawyer client relationship with a Lawyer Member, you understand and agree that any other use of Help2Consumer.com does not in any way create or establish a Lawyer-client relationship between you and any Lawyer Member.
You should recognize that the free portions of Help2Consumer.com (including past questions and answers such as the Help2Consumer.com Free Questions and answers database, and articles posted on the site) are provided for your information to help you understand some of your legal rights. These materials should not be relied on as legal advice and reading and reviewing them is not a substitute for direct consultation with a Lawyer about a specific legal problem.
Complaints / Questions – No Lawyer-Client Relationship
You understand and agree that submitting a Complaint / Question to Help2Consumer.com or receiving an answer to a Complaint / Question posted on Help2Consumer.com does not in any way create or establish a Lawyer-client relationship between you and any Lawyer Member, or between you and Help2Consumer.com. The information and answers provided in response to Complaint / Questions is intended to be generic legal information and is based upon the very limited information provided you in a Complaint / Question. Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. If you are represented by a Lawyer, that Lawyer is the best person to give you advice about a case or legal matter. Under no circumstances should the information obtained on this site be used to make decisions about the quality of representation by a lawyer or about the proper course of a legal matter.
Paid Consultations – Limited Lawyer-Client Relationship
If you have any apprehension or concern about entering into the Representation Agreement or Advice Agreement, you should not book a Paid Consultation.
Limited Lawyer – Client Relationship:
Users who book a Paid Consultation will enter into a Limited Lawyer-Client Representation Agreement (the “Representation Agreement”) with the responding Lawyer.
This Representation Agreement establishes Lawyer-client relationship between the User and the Lawyer that is limited in both scope and duration. The scope of the Lawyer-client relationship under the Representation Agreement extends only to addressing the issue for which the particular Paid Consultation is booked, relieving the Lawyer of any duty to further investigate, follow-up, take any other action, or represent the User in any further way. The answer by the Lawyer shall be query centric based on limited knowledge of facts provided by you in your question. The duration of the Lawyer-client relationship under the Representation Agreement is also limited, and the representation ends as soon as the Lawyer provides the consultation.
You must understand that there are, of course, some issues that are too complicated for a Lawyer to address appropriately and completely through a limited-scope representation of the type provided by Help2Consumer.com for Paid Consultation’s. If Lawyer determines, in the Lawyer’s sole discretion, that a Paid Consultation simply cannot be addressed in the context of a limited scope representation, then you will be notified and your full amount paid for that consultation will be refunded.
- Entire Agreement
I, the User or Consumer
Understand the risks and benefits of the online consultation
Acknowledge and agree to assume the risk of the above-mentioned limitations pursuant to the use of Help2Consumer.com. I further understand and agree that no warranty or guarantee has been made to me concerning any consultation on particular problem, result, solution of my query / problem.
I understand that the consultation through Help2Consumer.com may involve electronic communication of my personal information to other Lawyers & Consumer Organisation who may be located in other areas, including out of state.
Last Updated on October 21-Feb-2018