Terms And Conditions
Terms and Conditions
This document is an electronic record in accordance with the Information Technology Act, 2000, and the applicable rules and regulations thereunder. It is generated by a computer system and does not require any physical or digital signatures.
1. Definitions
1.1. The term "Provider" refers to "sooperkanoon.com" and SooperKanoon, having its registered office at "GAViSTA TECH", #3381, 2nd Main, 13th Cross, K R Road, Shastry Nagar, Bangalore, Karnataka, India 560-028 (hereinafter referred to as "SooperKanoon"). This term also includes any authorized agent acting on behalf of SooperKanoon.
1.2. The term "Authorized Subscriber" includes any individual or legal entity that has subscribed to SooperKanoon's services and to whom access is restricted through a sign-in username and password, either allotted by SooperKanoon or chosen by the Subscriber and agreed upon by SooperKanoon. Only the Authorized Subscriber has the right to access the services offered by SooperKanoon.
1.3. For the purposes of this Agreement, any person who does not have a legal or contractual right to access the services but does so will be considered an "Unauthorized Subscriber" and will be subject to these terms and conditions, particularly those relating to intellectual property rights and licensing terms.
1.4. The term "Subscriber" encompasses both Authorized and Unauthorized Subscribers.
1.5. The terms "Service" or "Services" refer to the interactive online information service offered by SooperKanoon via the internet, through which Subscribers may access judgments, statutes, rules, procedures, and more. This includes search tools that allow Subscribers to search hosted databases and information using various criteria, and then select and view full documents or records.
1.6. The term "Organization" denotes any company, partnership firm, institute, trust, or any entity with legal personality that is not a natural person.
1.7. The term "Downloaded Data" means insubstantial portions of data downloaded and temporarily stored on a storage device under the Subscriber's exclusive control.
1.8. The term "Order Form" refers to any order form attached to this Agreement, whether in print or online, setting out the data and features—including subscription plans—available to the Subscriber and the corresponding prices.
2. Website License
2.1. The Services offered by SooperKanoon are subject to the Subscriber's agreement to all the terms and conditions of this license.
2.2. SooperKanoon grants the Subscriber a non-exclusive, non-transferable, revocable, and limited license to access and use the online services and materials for research purposes.
2.2.a. This includes the right to electronically display materials retrieved from the online services to no more than one person at a time.
2.3. The license permits the Subscriber to download and temporarily store insubstantial portions of data ("Downloaded Data") to a storage device under the Subscriber's exclusive control; to display such Downloaded Data internally; to quote and excerpt from such Downloaded Data (with appropriate citation and credit) by electronic cutting and pasting or other means in the Subscriber's own work products; and to create printouts of substantial portions of data for internal use and for distribution to third parties, provided such third parties agree not to distribute the printouts further.
2.4. SooperKanoon reserves the right to terminate this license at any time for any reason.
2.5. No material or content downloaded from SooperKanoon's website shall be reproduced, transmitted, or stored on any other website, nor shall any of its pages be disseminated, either electronically or non-electronically, or included in any public or private electronic retrieval system or service without prior written permission from SooperKanoon.
2.6. It is expressly clarified that SooperKanoon does not have absolute control over the content posted on the website and therefore does not guarantee the accuracy, quality, or integrity of such content. The views expressed in the article section are those of the respective authors and not of SooperKanoon. Any illegal or offensive content posted on the site should be brought to SooperKanoon's attention for immediate action. SooperKanoon will not be responsible in any manner for any defamatory or contemptuous material posted herein.
3. Subscription
3.1. To become and remain an Authorized Subscriber, a party must:
3.1.1. Complete the Order Form.
3.1.2. Pay the applicable subscription fee as mentioned in the Order Form.
3.1.3. Pay for usage of information or data according to SooperKanoon's product pricing policy. The subscription fee and product pricing information are available on the pricing page.
3.2. After payment of the applicable subscription fee and after reading this entire document, including the Terms and Conditions and Copyright Notice contained herein, the intending Subscriber should confirm acceptance of all terms and conditions and agree to be bound by them by clicking the "I Accept" or "Submit" button on the program and/or by submitting the registration form included in this document. By clicking the "I Accept" or "Submit" button, the party obtains all the rights and liabilities as if they had physically signed a document.
3.3. In the case of Organizations, the individual signing is presumed, by the act of signing, to have represented that they have full authority from the Organization to sign and act on its behalf. The Organization shall provide SooperKanoon with the names of all its members who will be Authorized Subscribers and shall ensure that access rights are restricted to those members. The Organization will be directly responsible and liable in case of any misuse of the Service.
3.4. After completing the steps prescribed in clauses 3.1 to 3.3, the Subscriber will receive their sign-in identity and password allotment/permission, which constitutes the offer and acceptance of the terms and conditions herein by SooperKanoon and the intending Subscriber, thus making them an Authorized Subscriber permitted to avail the Service and access SooperKanoon's data and information (hereinafter referred to as "Subscriber").
3.5. The Subscriber is responsible for keeping secure the Subscriber identity and password required to access the Online Service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the Subscriber shall be deemed to have been committed by the Subscriber, who shall be liable for the same. The Subscriber must ensure that the password is kept confidential and not shared with unauthorized persons. SooperKanoon reserves the right to terminate the license if it is found that the Subscriber has been sharing the password with unauthorized persons.
3.6. An Organization may subscribe and obtain multiple licenses for multiple Subscribers who are valid constituents of that Organization. For this purpose, paid employees of any Organization, patrons of a library, and enrolled students, faculty, and other staff members of an educational institution are considered "valid" constituents. However, the Organization shall bear sole responsibility for ensuring compliance with and observance of the terms and conditions herein by its constituents and shall be liable for their actions in relation to the Online Service and its contents.
3.7. The Subscriber accepts that by viewing and/or downloading information from SooperKanoon's website, they have used SooperKanoon's website.
3.8. In addition to the subscription fee and usage charges, the Subscriber is liable to pay any and all taxes, duties, and levies applicable by law or regulation, which SooperKanoon may apply to the total billing of the Subscriber.
3.9. A detailed statement of the subscription and usage charges, for Subscribers under Transactional Pricing, will be available for the Subscriber to view and verify on the information service. This shall be treated as final and binding unless the Subscriber brings any discrepancies to SooperKanoon's attention within seven days of the charge being debited, after which any such charges shall be deemed accepted by the Subscriber.
3.10. The Subscriber must pay a one-time registration charge and will be allotted a sign-in name and password as per the registration request. Registration charges are non-refundable.
4. Payments
4.1. Payments can be made by credit card, debit card, or online bank transfer. Cash, cheques, or demand drafts will not be accepted. Payments made against the Subscription are not refundable under any circumstances.
5. Delayed Payments
5.1. Without prejudice to SooperKanoon's rights under this Subscription or otherwise to demand payment and/or recover amounts due from the Subscriber, in the event of the Subscriber failing to pay the subscription and usage charges within the stipulated period, SooperKanoon reserves the right to discontinue the Subscriber's access to SooperKanoon's website and to levy penalties, including interest on the outstanding amounts. SooperKanoon also reserves the right to recover the said amount from the Subscriber through legal means, under civil or criminal law, and the Subscriber shall be liable for any associated costs.
6. Modifications
6.1. The prices, terms and conditions, and other matters provided in the Price List, any modifications carried out by SooperKanoon, and any notices served upon the Subscriber by SooperKanoon shall be deemed included in the terms and conditions herein.
6.2. SooperKanoon reserves the right to modify the terms and conditions, including subscription fees and charges, and to introduce new ones. Such modifications shall become effective immediately upon either specific notice to the Subscriber or general notice on the website.
6.3. The subscription amount paid by the Subscriber is for the fixed term or plan, and any modification in subscription charges shall apply upon the commencement of the next renewed plan term. However, the introduction of any additional features or databases by a third-party content provider through SooperKanoon will be made available to the existing Subscriber only after making the required additional payment.
6.4. The Subscriber's continued use of the Service after notice of any modification shall conclusively be deemed acceptance of the modified terms and conditions.
6.5. SooperKanoon has the right to prevent access to all or part of the website without notice if the Subscriber's conduct is in contravention of these Terms and Conditions or applicable laws. SooperKanoon reserves the right to make additions, deletions, and other modifications to the database and its presentation, including changes to the basic structure and features, without notice to the Subscriber.
6.6. SooperKanoon shall not be liable or responsible, whether under law or equity, for any delays, defaults, or interruptions in the performance of the Service.
7. Intellectual Property Rights
7.1. Except as expressly provided in these Terms and Conditions, nothing herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
7.2. The Subscriber agrees that the website is protected by copyrights, trademarks, patents, designs, and other proprietary rights and laws. Any rights not expressly granted herein are reserved.
7.3. The Subscriber is cautioned against any conduct that infringes or purports to infringe copyright or other proprietary rights or laws. Under no circumstances shall the Subscriber use printouts of material from this website for any purpose that violates the copyright or any other proprietary rights of SooperKanoon. The Subscriber shall not remove copyright notices or other notices from printouts of material taken from the website.
8. Copyright Laws
8.1. Content or information available on SooperKanoon's website is protected by the Copyright Act, 1957, and is subject to SooperKanoon's copyright.
8.2. Certain information and data made available by SooperKanoon are the property of content providers [judis.nic.in] and are identified as such. This information and data are protected by copyright and other intellectual property laws, and no such rights are deemed to have been transmitted to the Subscriber. As described elsewhere, the Subscriber has obtained only the limited right to use the information provided herein in the manner set out earlier.
9. Limitations on Use
9.1. The content on the website is for personal use only and not for commercial exploitation.
9.2. The Subscriber may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or its content. Nor may the Subscriber use any network monitoring or discovery software to determine the site architecture or extract information about usage or Subscribers.
9.3. The Subscriber may not use any robot, spider, automatic device, or manual process to monitor or copy the website or its content without SooperKanoon's prior written permission.
9.4. The Subscriber may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes any portion of the website, except as permitted above.
9.5. The Subscriber may not use or otherwise export or re-export the website or any portion thereof, the content, or any software available on or through the website, in violation of the export control laws and regulations of India. Any unauthorized use of the website or its content is prohibited.
9.6. The Subscriber may not combine the whole or any part of the data with any other software, data, or material.
9.7. The Subscriber may use data cached on their local disk drive solely in support of their use of the Service.
9.8. Certain software used by the Subscriber may not be capable of supporting the Service, and performance may vary with the hardware used.
9.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
9.10. The Subscriber undertakes to use reasonable endeavors to ensure that the Service is not accessed or used by third parties not entitled to do so under this Agreement.
9.11. The Subscriber shall use reasonable endeavors to keep any Downloaded Data secure and to prevent any third party from duplicating or reproducing, in whole or in part, the Downloaded Data, except as permitted by the terms of this Agreement.
9.12. The text of all judgments provided on the site is computer-generated. The authenticity, correctness, and precision of the text must be verified from the certified copy of the judgment.
10. Termination
10.1. Notwithstanding anything contained herein, either party is entitled to terminate this Subscription forthwith. If SooperKanoon terminates this Subscription, it may immediately discontinue the Subscriber's access to the Service. SooperKanoon shall not be liable to make any refunds if the Subscriber engages in prohibited activities. If the Subscriber terminates this Subscription, they shall be responsible and liable for all charges up to the time SooperKanoon actually receives the notice of termination.
11. Consequences of Termination
11.1. The warranties and indemnities, the provisions relating to the payment of money due to SooperKanoon, and the restrictions on the Subscriber's rights in relation to the use of the database, as contained herein, shall survive the termination or expiry of this Subscription.
11.2. Upon termination, the Subscriber must destroy all materials obtained from the website and any copies thereof, whether made under the terms of this Agreement or otherwise.
12. Errors and Corrections
12.1. SooperKanoon makes reasonable efforts to ensure that the information provided on the website is accurate but does not represent or warrant that the information available on or through the website will be correct, accurate, reliable, uninterrupted, or timely.
12.2. SooperKanoon does not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected.
12.3. The Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for data accuracy, input and output, and for maintaining means external to the website for the reconstruction of any lost data.
12.4. The Subscriber shall not post or transmit any material that contains a virus or corrupted data. SooperKanoon reserves the right, in its sole discretion and without obligation, to make improvements and changes to its features, functionality, or material at any time.
12.5. The Subscriber shall not post any material or links to any material that violate any laws of India.
13. No Legal Advice
13.1. Material or information contained on or made available through the website is not intended to and does not constitute legal advice, nor does it establish a client-attorney relationship in any manner.
14. Advertisements
14.1. SooperKanoon may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website is accurate and complies with applicable laws.
14.2. SooperKanoon will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.
15. Privacy
15.1. The Subscriber is subject to SooperKanoon's Privacy Policy, available through the provided link.
16. Notice
16.1. Except as provided in clause 8.2, no notice, consent, or the like (hereinafter referred to as "notice") required or permitted under this Agreement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier, electronic mail, or facsimile transmission at their address as set out above or as otherwise notified in accordance with this clause.
16.2. A notice given personally shall be deemed given at the time of delivery.
16.3. A notice sent by post or courier shall be deemed given at the commencement of business of the recipient on the date of receipt or the fourth business day following its posting, whichever is earlier.
16.4. Notice sent by electronic mail or facsimile transmission shall be deemed given at the time of actual transmission.
16.5. The Subscriber is responsible for keeping themselves aware of the terms and conditions of the website by checking this page at least once a month. No further notice shall be given to the Subscriber of changes in the terms and conditions.
17. Severability of Provisions
17.1. These Terms and Conditions incorporate by reference any notices contained on the website, the Privacy Policy, and the Copyright Terms and Conditions, which together constitute the entire agreement with respect to access and use of the website. If any provision of the Terms of Use is unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
18. Indemnification
18.1. The Subscriber is solely liable for any content, messages, or other information they transmit, provide, or upload to the website. The Subscriber agrees to indemnify and hold harmless the Provider from any third-party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to the Subscriber's violation of these Terms of Use, their use of the website, or their violation of any rights of a third party.
19. Remedies for Violations
19.1. SooperKanoon reserves the right to seek all remedies available at law and equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to SooperKanoon's website and its features.
20. Governing Law and Jurisdiction
20.1. These Terms and Conditions are governed by and construed in accordance with Indian law, and any action arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate courts in Bangalore. The Subscriber hereby consents and submits to the personal jurisdiction of such courts in Bangalore for the purpose of litigating any such action.
21. Waiver
21.1. The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
22. Exclusion of Liability
22.1. SooperKanoon makes reasonable efforts to ensure that the information provided on the website is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose.
22.2. The information and material provided on the website are provided on an "As Is" basis. SooperKanoon accepts no responsibility with respect to the information on the site and expressly disclaims, to the maximum extent permissible by law, all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
22.3. SooperKanoon shall not be liable in contract, tort, delict, or otherwise for any loss of any kind whatsoever, howsoever arising, suffered in connection with the Service (whether or not caused by the negligence of SooperKanoon).
22.4. SooperKanoon shall not be liable in contract, tort, delict, or otherwise for any loss of revenue, business, anticipated savings or profits, loss of goodwill or data, or for any indirect or consequential loss whatsoever, howsoever arising, suffered in connection with the Service (whether or not caused by the negligence of SooperKanoon).
22.5. Without prejudice, in no event shall SooperKanoon, its affiliates, or contributors be liable to the Subscriber for any claim(s) relating in any way to:
I. The Subscriber's inability or failure to perform legal or other research-related work, or to perform such work properly or completely, even if assisted by SooperKanoon, its affiliates, or contributors, or any decision made or action taken by the Subscriber in reliance on the data.
II. Any lost profits (whether direct or indirect) or any consequential, exemplary, incidental, indirect, or special damages relating in whole or in part to the Subscriber's rights under this Agreement or use of or inability to use the Service, features, or data, even if SooperKanoon, its affiliates, or contributors have been advised of the possibility of such damages.
22.6. The Subscriber shall accept sole responsibility for, and SooperKanoon shall not be liable for, the use of the Service by the Subscriber or any Subscriber, and the Subscriber shall hold SooperKanoon harmless and fully indemnified against any claims, costs, damages, losses, and liabilities arising out of any such use.
22.7. SooperKanoon disclaims all responsibility for any loss, injury, liability, or damage of any kind resulting from and arising out of, or in any way related to:
22.7.1. Any errors or omissions in the website and its content, including but not limited to technical inaccuracies and typographical errors.
22.7.2. Any third-party websites or content therein directly or indirectly accessed through links on the site, including but not limited to any errors or omissions therefrom.
22.7.3. The unavailability of this site or any portion thereof.
22.7.4. The Subscriber's use of any equipment or software in connection with the site.
22.7.5. The Subscriber's use of the site.
22.8. SooperKanoon shall not be responsible if any information or page is downloaded from its website and, after downloading, the complete or partial text or information is altered, removed, or obscured.
23. Limitation of Liability
23.1. The Subscriber's exclusive remedy and SooperKanoon's (including its affiliates' and contributors') entire liability under this Agreement, if any, for any claim(s) for damages relating to the Service, features, or data made against them individually or jointly, whether based in contract or negligence, shall be limited to the aggregate amount of the Service charges paid by the Subscriber relative to the specific feature (database, service, function, or other gateway) which is the basis of the claim(s) during the 12-month period preceding the event giving rise to such claim.
23.2. None of the terms of this Agreement shall operate to exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of SooperKanoon or its affiliates or appointed agents or employees while acting in the course of their employment, or affect statutory rights where this Agreement is entered into as a consumer transaction.
24. Linking to the Website
24.1. A Subscriber may provide links to this website, provided:
24.1.1. The Subscriber does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this site.
24.1.2. The Subscriber discontinues providing links to this site if requested by SooperKanoon.
25. Links to Other Websites and Disclaimer
25.1. Third-party content may appear on the website or be accessible via links from the website. SooperKanoon shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity in statements, opinions, representations, or any other form of content contained in any third-party content appearing on the website. SooperKanoon has no control or authority over the content or presentations thereof, which solely represent the thoughts of the author and are neither endorsed by nor reflect the beliefs of SooperKanoon.
25.2. Any claim, whether in contract, tort, or otherwise, relating to damages, loss, injury, or determinations caused by or on account of reliance on such content is wholly disclaimed by SooperKanoon.
25.3. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
26. Force Majeure
26.1. SooperKanoon's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, government actions, war, civil disorder, natural disasters, fire, explosion, power failures, failure of the internet and other networks beyond SooperKanoon's control, equipment failure, industrial or labor disputes, inability to obtain essential supplies, and similar events.
Note: By using SooperKanoon's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.