TERMS OF SERVICES

THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN ZELICAN INFOTECH PRIVATE LIMITED (REFERRED HEREIN BELOW AS “ZELICAN”), AND CLIENT. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN ZELICAN AND CLIENT INCLUDING THE LISTING, MARKETING, SALE AND SUPPLY OF SERVICES THROUGH PLATFORM WWW.ZELICAN.COM. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY ZELICAN.

 

If you (“You/Yourself/Subscriber”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Zelican’s relationship with You.

You agree and acknowledge that the Platform facilitates provision of Services related to Legal Practice Management Software in India. The rules, regulations and consumer rights in India may differ from Your local geographical legal systems and You may not receive the same benefits as per your legislation. If You are of the opinion that the protections offered under the Indian rules and regulations are not adequate, You should stop using the Platform.

1.            INTRODUCTION:

Welcome to https://www.zelican.com (Platform/Application) that is absolutely owned and operated by Zelican Infotech Pvt Ltd (hereinafter referred to as “Zelican”, which expression shall, unless repugnant to the context thereof, include its successors and assigns) a company incorporated under the laws of India.

Zelican provides cloud-based business management software products to the legal industry for the purposes of helping licensed advocates, attorneys and legal professionals in India to manage and operate their legal practices, including among other things, time and billing tools and records management solutions (“Legal Practice Management Software”) as per the terms and conditions contained herein below.

Platform has been set up for providing the Services, as defined hereinafter, through the Legal Practice Management Software to You and You shall use Platform and the Legal Practice Management Software along with all the related features for Your benefit, alone as per the terms and conditions contained herein below.

2.            DEFINITIONS:

“End Clients/Clients” shall mean and refer to Your end clients who avail your legal advisory services.

“Platform/Application” shall mean and refer to this platform or mobile App https://www.Zelican.com that shall render the Services by providing You the mechanism to use the Legal Practice Management Software.

“Services” shall refer to integrated technology services offered by Zelican on the Platform through the Legal Practice Management Software, and which are more particularly described in Schedule A hereunder.

“Legal Practice Management Software” shall mean and refer to the software that enables You to manage and operate your legal practices, including among other things, time and billing tools and records management solutions.

“Subscription Fees” shall refer to the subscription fees to be paid by You for availing the Services under the Platform.

“You/yourself/your” shall refer to You as the user of the Platform on the terms and conditions contained herein below including You or your employees, empanelled staff or vendors or contractors or associates or consultants, who operate the Platform for obtaining the Services.

“Zelican” or “us” or “we” or “our” shall mean Zelican Infotech Private Limited, a private liability Company, incorporated under Indian Companies Act, 2013, having its registered office at– A203/204, Floral Deck Plaza, Central MIDC Road, Opp. Seepz Andheri (E), Mumbai 400093.

3.            SERVICES DESCRIPTION & AVAILING SERVICES:

Platform is created by Zelican for Your benefit. By availing the Services, You can avail the following features:

  • client management;
  • quick and easy billing;
  • matter management;
  • time keeping;
  • legal billing;
  • document storage;
  • calendaring;
  • client portal
  • analytics;
  • data security;
  • fetching data which is publicly available on websites of various Courts of India.

 

The detailed features of the Services are contained in Schedule A hereinbelow.

While You avail the Services pertaining to legal practices, You acknowledge and accept that Zelican is not:

  • licensed to practice law in any jurisdiction; OR
  • a party to any engagement to provide legal services; OR
  • involved in or party to the correspondence or conversation by, between, or among you and any co-counsel, opposing counsel, client, governmental or nongovernmental authority or organization.

Zelican does not provide legal advice and are not engaged in the practice of law or any activity that requires or gives rise to any obligation to become so licensed or registration in any jurisdiction.

OTHER ANCILLIARY SERIVCES: You may get access to Site Message boards, forums, blogs, e-mail and other features (“Ancillary Services”) that may be offered from time to time on the PLATFORM and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the message boards, chat rooms or e-mail to express Your concerns or differences with any other party.

4.            RESTRICTIVE COVENANTS:

You acknowledge and agree that:

  1. You may only use this Platform for availing Services provided by us and for no other purposes whatsoever. You shall not misuse the Platform in any manner whatsoever for any fake, fraudulent or bogus purposes.
  2. You shall not give access to Platform to any other third party.
  3. You agree that You shall be responsible for all the content and data provided by You to us and You shall ensure that You are absolutely entitled to share such data with Zelican.

5.            REGISTRATION:

For availing Services, You have to register with the details as incorporated in the Form at the time of registration. After filling in the Form and making the necessary payments as provided hereinbelow for subscription of the Services, You shall be provided with a master- login ID and the password for one account that shall give you access to the Platform. You shall then be entitled to avail Services provided by Platform from time to time. In case you need multiple accounts, you shall get a separate login Id and a governing Master Id for all the listed Platforms.

You agree and confirm that any information provided by you will always be accurate, correct and complete. If You use the Services, you shall be responsible for maintaining the confidentiality of your account and password and you agree to accept complete responsibility for all activities that occur under Your account.  You can change your profile information and any other details that you have shared with Platform by sending specific written communication to Zelican on the designated email address.

You shall be responsible for protection of your account and ensuring that the account is always operated properly, and no misuse of the account is made. Any misuse of Your account may result in immediate suspension and such other measures as deemed fit by Zelican and You shall be completely responsible for any such misuse and all damages, claims, losses occurring due to such misuse. In case, you suspect at any point in time that Your account has been hacked or misused, You shall take all possible steps to remedy the same and also inform Zelican immediately, on the details provided on the Platform. This shall be without prejudice to the liability incurred by You due to such misuse.

We also reserve the right to refuse registration or cancel accounts which we deem inappropriate or improper at our discretion.

6.            ACCESS TO THE PLATFORM:

By registering for an account through Platform, you represent and warrant that You are the age of majority in Your jurisdiction (age 18). Zelican shall provide You a limited, nonexclusive, and nontransferable access to the extent necessary and required to access, explore, and otherwise use this Service.

Termination: Zelican reserves the right to modify or discontinue your account at any time for any material and serious breach of the obligations under these Terms of Use by You.

7.            FEES:

a) You shall be required to pay annual Subscription Fees in advance as per the mutual discussions between Parties.

 b) Zelican shall be relieved of its obligations under these Terms in the event of non-payment of the Subscription Fees. Zelican also reserves the right to suspend access to the Platform in the event of non-payment of Subscription Fee and other charges.

c) The Subscription Fee is non-refundable.

d) You agree that You shall be liable for any and all the applicable Taxes under these Terms, except the Taxes applicable on the income of Platform. If you do not log into Your account within the time period for which you have subscribed the Services, the subscription shall become inactive. When a subscription is classified as inactive, Zelican shall notify You by email and You need to repurchase the subscription.

8.            CONTENT AVAILABLE:

Zelican does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that are available on the government or Court websites or portals or provided by  any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Platform. Under no circumstances, Zelican is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform.

9.            CONTENT SUPPLIED BY YOU:

You represent, warrant, and agree that no Content/Details shared by You with Platform(“your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the Content and details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, you also grant us the right (i) if you permit, to display your Content and Details on the Platform (ii) promote or distribute it for the access of other  end consumers; (iii) use your Content for analysis purpose to effectively provide Services under this Platform.

You agree that you are solely responsible for your Content made available by you through the Platform including but not limited to any liabilities arising out of any third-party infringement claims. You shall also ensure that the entire Content provided by You is true, accurate and does not contain any misrepresentation or misleading information in terms of products offered and price displayed.

Company reserves the right, but has no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account.

10.         LINKS TO THIRD PARTY SITES:

This Platform may contain links to other websites owned and operated by third parties including but not limited to, court websites and government websites, who are not related to the Platform (“Linked Websites”). The Linked Websites are not under the control of Platform and thus Platform is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third-party sites.

Platform provides these links to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Platform. Your link to any such Linked Website is entirely at your own risk. Platform is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.

The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or Services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or Services. Zelican accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

11.         PROHIBITED CONDUCT:

You agree not to engage in any of the following activities:

Violating laws and rights: You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation: You shall not use the Platform or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption: You shall not use the Platform in any manner that could disable, overburden, damage, or impair the  Platform, or interfere with any other party’s use and enjoyment of the  Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the  Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others: You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.

You shall not intimidate or harass another through the Platform; and You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Platform.

Impersonation or unauthorized access: You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;

You shall not use or attempt to use another’s account or personal information; and You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.

You shall not use any Meta tags or any other “hidden text” utilizing the Platform’s or Company’s name or trademarks without taking the express consent of the Company.

Information against any country: You shall not upload, modify, transmit, update or share any information that threatens the unity, integrity, defense, security or sovereignty of any country or insults any country.

12.         DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:

You acknowledge and agree that Zelican shall not be liable for your interactions with any third parties on the Platform, if any. These dealings are solely between You and such other third parties. You agree and acknowledge that Zelican shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between such third parties and You, you understand and agree that Zelican is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other third parties, you hereby release Zelican, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Application.

13.         CHANGE IN TERMS:

Zelican reserves the right to change these Terms of Use at any time and to notify You by posting an updated version of the Terms of Use on Platform. You are responsible for regularly reviewing the Terms of Use. Continued use of the Platform after any such changes shall constitute your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Application, is to stop accessing and using the Application.

14.         DISCLAIMER OF WARRANTIES:

  • Current standards of internet, wireless, and computer technology: You shall use the updated computer, tab, mobile and net connections while availing the Services of the Website. You recognize that outdated wireless and computer systems may compromise the quality of the Services that you are availing.
  • Occasional maintenance of website: You recognize that Zelican shall occasionally need to perform maintenance on the during which the Services shall be unavailable and in certain cases of planned maintenance, you shall be informed in advance of the same.
  • Disruption of Service: If there is a problem with Platform that results in an unexpected disruption of Services, Zelican shall make every attempt to rectify the problem as expedient and commercially reasonably possible.
  • Dependency on Court, Government or any authorised third-party websites – Zelican is no way associated Supreme Court Of India, any High Courts of India, eCourts, ConfoNet or any other Courts in India. You agree and acknowledge that the entire Services being provided by Zelican is interlinked to and dependent on the information flashed, updated and available on the Court, Government or any authorised third-party websites. In case of any unavailability, delayed updations or any wrong, faulty, defective, incomplete or incorrect information and data on such websites Zelican shall not be responsible for the same. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, LEGAL PRACTICE MANAGEMENT SOFTWARE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM, LEGAL PRACTICE MANAGEMENT SOFTWARE AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW ZELICAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF. ZELICAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM’S CONTENT OR THE DETAILS AND CONTENT SHARED BY CUSTOMER OR ANY THIRD PERSON OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM  AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) 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, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE.

ZELICAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZELICAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER END CONSUMER USER AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15.         LIMITATION OF LIABILITY:

 IN NO EVENT SHALL ZELICAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZELICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE APPLICATION.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ZELICAN SHALL NOT BE LIABLE FOR CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY ZELICAN FROM ITS FACILITIES IN INDIA.

IN ALL EVENTS AND CASES, THE LIABILITY OF ZELICAN SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEE ACTUALLY RECEIVED BY ZELICAN FOR RENDERING THE SERVICES, REGARDLESS OF THE NATURE OF DAMAGE, LOSS OR CLAIM INCURRED BY YOU.  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

16.         INDEMNIFICATION:

 You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Information,  Details and Content that you submit or transmit for the Services (ii) your violation of any rights of any other person in connection with the Application, (iii)  infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of these Terms of Use, (v) any breach of applicable law (vi) any representation and warranties made in relation to the Services and (vi) any violation of any laws and regulations (vii) Your transactions with any End Clients.

17.         ANTISPAM POLICY:

 You certify that you will use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.

18.         PRIVACY POLICY:

Zelican is committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. You are required to accept the Privacy Policy before any usage of the Platform.

19.         CLIENT DATA

Client Data. You agree and acknowledge that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of any and all of data, documentation, information, and materials that you add, upload, utilize, interact with, or otherwise access on or through the Service, which concerns or relates to any client of you or your firm (“Client Data”) and you agree that any support provided by us in providing the Service is not and will not be construed as a validation or confirmation of the accuracy, quality, integrity, legality, reliability, or appropriateness of any of Client Data.

 Zelican is not and will not be responsible or liable for: (i) the deletion, correction, destruction, and/or damage, to any Client Data; or (ii) Your or any User’s collection, use, storage, cross-border transfer, or disclosure of Client Data.

Disclosure and Use of Client Data. We will never use your Client Data, for any of our own purposes, including marketing. Any such information is encrypted to prevent access by unauthorized parties. You agree that we may share or disclose Client Data as necessary in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company’s business, assets, or stock. You hereby warrant and represent to Zelican that our receipt of Client Data and our use and/or disclosure of such Client Data in accordance with the terms of this Agreement and the Privacy Policy, will not violate any privacy policy or representation regarding usage of data or disclosures applicable to Client Data; any rights of any other party; or any applicable law, rule, or regulation.   Zelican is under no obligation to validate, monitor, or review Client Data for any purpose. Notwithstanding the foregoing, we reserve the right to take any steps that we in our sole discretion deem reasonably necessary to enforce and/or verify compliance with this Agreement. Without limiting the foregoing, we may, without notice, except as required by law, and without any liability to you, access, use and/or preserve your account information and/or Client Data and disclose your account information and/or Client Data to law enforcement authorities, government officials and/or any other party as we reasonably believe to be necessary and/or appropriate: (i) if we are required to do so to comply with legal process or governmental request; (ii) to enforce this Agreement; (iii) to detect or prevent security, fraud or technical issues; (iv) to protect the rights, property and/or safety of Company, our Users, you, or any other person; or (v) as permitted by law.

We also reserve the right to notify the appropriate authorities, without prior notice to you or any other party, if we reasonably believe that your Client Data may violate any applicable law, rule, or regulation.  You agree to hold harmless Company from and against any losses, costs, damages liabilities and expenses, and you expressly waive, to the extent permitted under applicable law, any claims that you or any third party may have against us as a result of or arising from any disclosure, investigation or act or omission that we may make in the course of conducting or cooperating with an inspection as set forth in this section. YOU HEREBY CONSENT TO ANY SUCH INSPECTION AND FURTHER AGREE TO KEEP THE FACTS AND DETAILS CONCERNING ANY SUCH INSPECTION CONFIDENTIAL, UNLESS YOU ARE COMPELLED TO DISCLOSE SUCH FACTS AND/OR DETAILS UNDER APPLICABLE LAW.

20.         OWNERSHIP OF INTELLECTUAL PROPERTY:

The Application and all the rights including but not limited to intellectual property rights subsisting under the Application, Content, data available on Zelican are owned by Zelican absolutely. Zelican respects copyright, and we prohibit YOU, as users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Platform that violates another person’s proprietary rights.

All materials on this Application, including but not limited to audio, images, software, documents, text, icons and such like (the “Application Content”), are protected by copyright under the copyright laws. You cannot use the Application Content, except as specified herein.

Zelican is the trademark solely owned by Zelican. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Application, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Application Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

21.         TERMINATION:

If You wish to terminate this Agreement, you may immediately stop accessing or using the Services.

Your right to access and use the Platform terminates automatically upon your material breach of any of the terms of these Terms of Use.

Handling of Your Data in the Event of Termination. You acknowledge and agree that following expiration or termination of any of your subscriptions to the Service, we may immediately deactivate the affected services and that user, following a reasonable period of not less than ninety days, we may delete your account and data. We may also retain the Client data for a period of 3 (three) years unless requested  by you to delete the data immediately. However, in the event that the Service or any portion(s) thereof, is terminated by us, we will grant you temporary, limited access to the Service, not to exceed thirty days, for the sole purpose of permitting you to retrieve your proprietary data, provided that you have paid in full all good faith undisputed amounts owed to us. You further agree that we shall not be liable to you or to any third party for any termination of your access to the Service or deletion of your data, provided that we are in compliance with the terms of this Section.

Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions will survive any termination.

22.         MISCELLANEOUS TERMS:

CHOICE OF LAW AND JURISDICTION: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai and the courts in Mumbai will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India. 

  FORCE MAJEURE: Without limiting the foregoing, under no circumstances shall Zelican be held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to  internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of Zelican.

NO WAIVER: Any failure to insist on or enforce strict performance of any of the terms of these Terms of Use will not be construed as a waiver of any provision or right.

SEVERABILITY: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

NO AGENCY RELATIONSHIP: You agree that no joint venture, employment, or agency relationship exists between You and Zelican as a result of these Terms of Use or from your use of the Platform or the Services.

ENTIRE AGREEMENT: These Terms of Use, Privacy Policy constitute the entire agreement between You and Zelican relating to this subject matter and supersede any and all prior communications and/or agreements between You and Zelican relating to this subject matter.

YOUR COMPLAINTS: In case of any query or deficiency in Services, you can e-mail us at info@zelican.com or call us at 1800 266 6637. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.

23.         DISCLAIMER:

If You wish to terminate this Agreement, you may immediately stop accessing or using the Services.

Your right to access and use the Platform terminates automatically upon your material breach of any of the terms of these Terms of Use.

 

 

I ACCEPT

 This agreement is an electronic record in terms of information Technology Act 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electric record is generated by a computer system and does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules 2011 that require publishing the rules and regulations and privacy policy.

 

SCHEDULE A: FEATURES OF PLATFORM

  1.  Matter Management
    Effortlessly Manage all your matters. All the matter related data is organized so that you can easily access matter notes, time entries, expenses, invoices, documents and tasks of a matter. Different billing types for the matter gives you flexibility on billing your client.
  2.  CaseTracker
    Zelican’s Case Tracker seamlessly syncs with various forums such as Supreme Court, High Courts, Tribunals, District Courts etc. Always stay updated with the case statuses, hearing dates and judgments/orders. The data in CourtTracker section of the Matter module is from the respective court website.
  1. Client Management
    Zelican helps management of your clients record right from intake of the client to the billing. Hence, spend less time on organizing your data and more time on your practice. Each law firm is different, with Zelican’s Client Management module’s custom field feature, you can capture and store the data you need. You can add as many custom fields you want for the client in addition to the default client fields.
  2. Expense Management
    Expense Management module tracks all the expenses for all matters. Easily bill your client for all the reimbursable expenses incurred.
  3. Time Keeping
    Time keeping feature enables you to keep track of the time spent by your staff on various matters. Easily identify billable and non-billable time entries. You decide which time entry you want to bill and have different billing rates for different staff. Even if you do not do hourly billing, you can use time keeping feature as a time sheet tracker and help you track your firm’s performance.
  4. Invoicing
    Create a professional looking invoices in no time. Automatically include all the time entries and expenses in your invoices. Each line item of the invoice can be manually overridden so that you have complete control over invoicing. Enter the payments received in the invoicing module so that you can easily keep track of all the invoice payments and easily find overdue invoices.
  5. Document Management and Document Automation
    Store your firm’s documents in the cloud with Zelican’s Document Management module.  With flexible sharing permissions, you can share the documents with your team and control who has access. 
    No longer manually edit and enter matter details in the documents. With Zelican’s document automation, create a template for the frequently used documents and Zelican will automatically assemble the document based on the template for the selected matter.
  6. Task Management
    Never lose track of your work with Task management module. Keep on track of your and your team’s task and accordingly plan your daily and weekly schedule. Add reminders so your never forget to complete your tasks on time.
  7. Calendaring With Zelican’s legal calendar, always be on top of your meetings and appointment. Create events and link it to your matters. We make it easy for you to keep track of your appointments and deadlines. If you wish, you can create multiple calendars for each matters or clients.
  8. Workflow automation
    With powerful workflow automation, create template for repeatable set of tasks and events, set dynamic dependencies on various tasks, and create set of tasks and events for a matter in a single click.
  9. Client Portal Keep your clients happy by keeping them abreast of their cases. Provide your clients to access their relevant data through Zelican’s Client Portal. It allows you to easily interact and share data with your clients.
  10. Report and Analytics With Zelican’s powerful analytics get a deep insight into your firm’s performance. It can help you identify areas which need improvement and areas where you excel. Track performance of individual employees as well.

Zelican gives you various reports that you need to keep track of your business. Whether you need Client Ledger reports, Time and Expense reports, Invoice Receivables, Client Aging Report, Client and Matter report, and many others, it is all available in Zelican Reports.