This Agreement is made, entered into and executed at Agra, Uttar Pradesh, India on current date (hereinafter referred to as the “Effective Date”)
TrademarkRegistration.in (hereinafter referred to as “TrademarkRegistration.in”) AND Yourself (hereinafter referred to collectively as “User”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “User” shall refer to such entity.
WHEREAS the TrademarkRegistration.in acts as a platform for users seeking Trademark Registration and other registration services;
AND WHEREAS the User(s) wishes to avail services at TrademarkRegistration.in;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, TrademarkRegistration.in and the User, intending to be legally bound, hereby agree as follows:
“Content” means all information (as defined under IT Act), data, text, sound, pictures, graphics, video, voice, codes, computer programs, software, databases, messages, advertisements, microfilm or computer generated microfiche;
“Dispute Resolution” means the process followed for the amicable settlement between the parties;
“Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder;
“Services” refer to the web-based services made available at TrademarkRegistration.in;
“Site”, “We” and “Our” refers to the TrademarkRegistration.in Management;
“User” or “You” shall refer to any online user, who is interested to avail of any services from TrademarkRegistration.in;
“We”, “us” and “our” refer to the website TrademarkRegistration.in;
“Website” or “TrademarkRegistration.in” is a website through which hiring services are being offered;
The other terms would have meaning as defined either under Information Technology Act, 2000 and rules made thereunder or otherwise generic words are to be interpreted as per English (U.K.) Dictionary.
You agree that, by completing the registration process online at TrademarkRegistration.in and thereby accepting terms and conditions, you will be bound by the following Agreement. We intend this to be the legal equivalent of your signature on a written contract, and equally binding.
a) TrademarkRegistration.in services owned and operated by Cylaw Solutions, Agra, India is provided to you under the terms and conditions of this Agreement, annexed documents and any other operating rules or policies that may be published by us on the website from time to time.
b) All the terms set here are presented in English language and it is the sole responsibility of User to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
c) You warrant that you as a User has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
d) We strongly recommend that, as you read this Agreement, you also access and read the information contained in Annexures and other pages/websites referred to in this document, as they may contain further terms and conditions that apply to you as a user/customer at this site.
a) TrademarkRegistration.in reserves the right to modify this Agreement at any time by posting a new agreement on our site, you should always review them prior to using the Site.
b) In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
c) Further, TrademarkRegistration.in reserves the right to change or discontinue sale of specific products or services or its prices, from time to time, which will be posted on the website.
4. Basic Services
a) TrademarkRegistration.in provides an on-line platform for users seeking Trademark Registration and other similar services.
b) The charges for the services are provided under the Trademark Quotation page, which are calculated based upon various factors, such as professional fees, official fees, drafting of documents and consultancy in special cases.
c) The services can be made available by Cylaw Solutions or can be arranged through other Trademark Agents located around India.
5. TrademarkRegistration.in – A Platform
6. Pricing & Refunds
a) The professional fees for filing of proposed Trademark per class is Rs 2,500 and can be subject to further consultancy in case the User is sure about the mark / word / logo he should apply for.
b) In case of a trademark already in use, it may be subject to additional charges for the preparation of User Affidavit along with the evidence.
c) In addition, official fees would be on actual basis (normally Rs 5000/10,000 in case of an Individual/Company in 2020), as per Trademark Registry norms and rules. All the prices indicated are on a per-class basis.
d) The above fees pertain to filing of Trademark Application only, while in case of any objection received and the response to be filed and further hearings at Trademark Registry are subject to separate fees/charges.
d) There are additional services available like application for MSME certificate, creation of logo, consultancy, etc, for which an estimate can be obtained in advance.
e) TrademarkRegistration.in has the right to revise the fees at any time. Any such revision or change will be binding and effective immediately on posting of the revision on the website.
7. Retention & Backup Policy
a) The logs and user data would be retained as a backup in our server for at least 3 (three) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
b) In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a TrademarkRegistration.in user agree that in no case, TrademarkRegistration.in can be held responsible for loss of data in any circumstances.
a) To be able to buy any products or avail any of the services offered by us, you need to be competent to contract as per the Indian Contract Act, 1872, which excludes minors, i.e. persons below the age of 18 years, persons of unsound mind and undischarged insolvent.
b) Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
c) You also confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
As a registered User you are responsible for maintaining the confidentiality of your Registered Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.
Further, you agree:
a) To provide true, accurate, current and complete information about yourself in the registration form (such information being the “Registration Data”) and regularly maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b) To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
c) That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.
d) That your account and the activity under it are subject to review from time to time by us. On the basis of the internal report, your account or access to any services or products may be blocked or may become subject of deletion if found to be objectionable, obscene or offensive, without any prior notice to you.
e) That you agree that you will not solicit passwords or personal identifying information for any purposes from other accounts or try to hack into the server in any manner.
f) That you agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. Further, in exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, we may, in our sole discretion, terminate your services without notice.
9. Code of Conduct
You further agree not to host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
10. Submitted Content
The foregoing license granted by you terminates once you remove or delete the submitted Content from the Website. You acknowledge and understand that the technical processing and transmission of the Website, including your submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your submitted Content from the Website at any time. If you choose to remove your submitted Content, the license granted above will automatically expire.
11. Monitoring and Support
To ensure users receive the highest possible level of service, TrademarkRegistration.in may randomly monitor the TrademarkRegistration.in services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the TrademarkRegistration.in Services by requesting assistance via email to info@TrademarkRegistration.in. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
If Customer has provided any information that is untrue, inaccurate, not current or incomplete at the time of registration, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the Mobile App.
In our sole discretion, may terminate the account/password or use of any or all of the services, for any reason, including, without limitation, for improper use of any service or if we believe that you are not eligible to avail the services. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
In case of Dormant Accounts, If there is no activity in your Account (including access or payment transactions) for a period of one (1) year, we may close your TrademarkRegistration.in Account.
You further agree that any termination of your access to the Service 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 information and email messages and other information relating to you and/or bar any further access to any Service or all of the services, to protect our interest as an Intermediary. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
D. Legal Statements
13. Governing Law
User agrees to use the service in compliance with applicable law and this Agreement and the annexed documents:
In the event that the Parties fail to arrive at an amicable resolution within ninety (90) days of the dispute having arisen, parties shall be at liberty to approach a court of competent jurisdiction to resolve the dispute. The Courts of law at Agra, Uttar Pradesh, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the 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 agree that the other provisions of the Agreement remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Users/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.
14. Intellectual Property
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by TrademarkRegistration.in to the User, or by any disclosure of any Confidential Information to the User under this Agreement.
Users shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. User acknowledges that TrademarkRegistration.in cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15. Grievance Officer
TrademarkRegistration.in shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, TrademarkRegistration.in has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Mr Ankur Raheja
Sikandra, Agra, Uttar Pradesh
Email: info [@] cylaw.in
Timing: 12 PM – 5 PM (Monday to Friday)
The appointed officer shall work in terms of IT Rules, if it is received through a government agency or based upon court order and in other cases, TrademarkRegistration.in would look into the matter and try to resolve as far as possible.
16. Electronic Communications / Notices
a) Any notice or other communication required or permitted to be delivered to TrademarkRegistration.in under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our registered email. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to info [@] cylaw.in.
Third Party Legal Actions
It is our policy to respond with reasonable promptness to subpoenas and other legal processes served on TrademarkRegistration.in that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
18. Risk Factors
TrademarkRegistration.in assumes no responsibility or liability from any loss incurred by any information presented upon the website, services or advice thereof rendered through it. Users using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at the user’s sole risk.
TrademarkRegistration.in shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof.
Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data.
TrademarkRegistration.in is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with advertisers, sponsors, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, advertisers, sponsors, other websites or resources that may be hyperlinked in the web site or any part thereof.
TrademarkRegistration.in has no control over other website or resources which are provided by companies or persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof.
We cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse.
TrademarkRegistration.in takes multiple precaution to prevent abuses from the weak code/scripts uploaded by the User but if the same is still exploited, TrademarkRegistration.in is not responsible for such abuses and we have the right to disable/terminate such accounts/websites, if the malware is not removed from the clients end.
19. Transaction Risks:
User(s) agree to fully assume the risks of any transactions conducted on the basis of any content, information or any other material provided on the Web Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that TrademarkRegistration.in shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction. User(s) agrees to release and indemnify TrademarkRegistration.in (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
TrademarkRegistration.in reserves the right to add/modify/discontinue any of the features offered on TrademarkRegistration.in’s Services.
20. Limitation of Liability
You expressly understand and agree that TrademarkRegistration.in, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:
a) the use or the inability to use the service;
b) any data, information, or services availed or messages received or transactions entered into through or from the service;
c) unauthorized access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the service; e) any other matter relating to the service; or
f) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.
21. Disclaimer of warranties
The service is provided on an “as is” and “as available” basis. TrademarkRegistration.in expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further,
we make no warranty on any results obtained by the use of the service.
we make no warranty on accuracy or reliability of any information obtained by the use of service.
we make no warranty that the service will meet your requirements.
we make no warranty on any technical defects in the Mobile App that will be corrected.
we make no warranty that the service will be persistent, timely, secure, error free.
we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.
All liability, whether civil or criminal arising out of any Content posed upon the App (including but not limited to messages / communication of electronic or any other means) will be that Customer / third party who has posted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Customer / Third party that it may suffer as a result of such Content Posted on the Site or transmission of information through communication of any kind.
If you are in the Do Not Disturb (DND) subscriber list with any telecom operator / authority / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. We are not liable to any third party if it receives any kind of message / information (under any circumstances) by any customer using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / customer is solely responsible and liable for the delivery of message / information which is generated by him.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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