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KNOTTYMIND LEGAL SERVICES
TERMS OF USE VERSION 1.2
USE OF WEBSITE WWW.KNOTTYMIND.IN IS SUBJECT TO CONDITION THAT
YOU AGREE WITH THE TERMS SET OUT IN THIS DOCUMENT
BY USING OUR WEBSITE YOU BOUND YOURSELF BY THE TERMS
Knottymind Legal Service (‘KLS’, ‘we’, ‘us’, ‘our') is a Tech- enabled online Platform
providing wide range of services such as consultancy, legal and business
documentation, Intellectual Property registrations & commercialisation, Mediation
and litigation services, business set-up guidance, made available primarily through
online mode of operation through website www.knottymind.in (‘KLS Website’ or
‘Website’) wherein all such online service related transactions between KLS and
Client / User are (‘you’, ‘your’, ‘yourself’, ‘himself’, ‘herself’ ‘him’, ‘her’) governed
by the Terms of Use stated here.
By clicking ‘I AGREE’ while registering yourself with KLS to create your online
Account.
1. Account
a. You can create online Account for yourself or on behalf of an organisation as
authorised person of the organisation. Account created through KLS Website is
not for the purpose of reselling resalable services such as drafts. Account to be
strictly used for direct end use by you.
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b. Client intending to resell our drafts / products must contact KLS at
support@knottymind.in which is to be governed by separate terms and
conditions.
2. E-Platform for Communication:
a. You agree, understand and acknowledge that KLS website is an online
platform that enables you to purchase service listed on the Website at the
price indicated therein at any time from any location. However, as we follow
Indian Standard Time, you are requested to calculate delivery days / date
accordingly.
b. You agree, understand and acknowledge that communication between you
and KLS is primarily through email, SMS, chats, and there is no provision for
physical delivery of documents. All documents like legal drafts, written
report of consultation, etc., will be downloadable electronic copy. Hardcopy
of documents will be provided under special circumstance or where services
require delivery of physical copy.
3. Applicability of Terms of Use:
This Terms of Use (as amended or modified time to time) is applicable to all
services provided by KLS through Website while where services offered are
combination of online and offline mode of working, you may have to agree to
separate terms and conditions for the offline mode.
4. Confidentiality of Your Data:
a. KLS provides legal services and collect/ ask for only those data/ information
which are required to fulfil our service requirements. For having Account with
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us you need to share are very basic details such as name, address, PAN No.,
Aadhar No., email, phone no. so as to achieve smooth transaction between us.
KLS never ask for any sensitive personal data from you.
b. We maintain strict confidentiality of information provided by you and never
release or sell any information/ data to any third party.
c. To provide you services purchased by you, we may disclose your information
about legal requirements to our officers, employees, professionals, advisers,
agents, who have a need to access your information so that KLS is able to
deliver quality professional drafts, give proper legal guidance by
understanding you need or as required for other legal assistance; All such
officers, employees, professionals, advisers, agents are bounded by a written
agreement and professionally obliged to protect the confidentiality of your
information/ data shared with them.
5. Privacy Policy:
Our Privacy Policy also governs your visit/ account to www.knottymind.in.
KLS do not collect any sensitive personal data; whatever data/ information we
collect such as name, address, email id, password, mobile number, organisation
you work, such data to maintain your account with us and to provide
professional services purchased through the Website. We maintain strict
confidentiality regarding data / information.
6. Uninterrupted Use of KLS Website (www.knottymind.in)
KLS work to ensure uninterrupted availability and error-free working of the
Website. But due to basic nature of internet and technical niceties being
involved in online mode of working, KLS do not guarantee uninterrupted and
error-free working of the Website. Your access to the Website may also be
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occasionally suspended or restricted to allow for repairs, maintenance, for
updating or the introduction of new facilities or services at any time without
prior notice. KLS cannot be held liable or responsible in any manner
whatsoever for any damage or loss caused to you due to such interruptions,
errors, routine maintenance or otherwise for any technical maintenance or
difficulties.
7. Intellectual Property and Proprietary Rights:
a. Website www.knottymind.in and all content of the Website are proprietary
of KLS.
b. All content like trademark ‘knottymind’, text, graphics, logos, button icons,
images, audio clips, videos, look and feel of website, appearance, layout,
presentation of website, data compilations, information sheet, query sheet,
drafts of legal documents & agreements, database and software, is the
property of KLS, and is protected law of copyright, trademark, design and
such other applicable laws. All content on this website is the exclusive
property of KLS and all software used on this website is the property of KLS,
or its software suppliers and is protected.
c. Any types of extraction or re-utilisation the contents of the Website; either in
full or in parts, without express written consent of KLS is strictly prohibited.
You are strictly prohibited from utilising any data mining, robots, or similar
data gathering and extraction tools to extract (whether once or many times)
for re-utilisation of any part of this website. You are not permitted to create
and/ or publish your own database with features of this Website or do
anything otherwise which would amount to infringement of KLS
proprietary right.
8. Permission to access our website -www.knottymind.in
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a. Subject to your compliance with all applicable terms of use, Knottymind
Legal Services (“KLS”) grants you permission to access and make personal
use of this website by creating Account with KLS. You are not permitted to
download (other than page caching) or modify it, or any portion of it. You are
not permitted to make any resale or commercial use of this website or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this website or its contents or trademark
‘Knottymind’; any downloading or copying of account information for the
benefit of another seller; or any use of data mining, robots, or similar data
gathering and extraction tools.
b. This website or any portion of this website (including but not limited to any
copyrighted material, trademarks, or other proprietary information) shall not
be reproduced, duplicated, copied, sold, resold, visited, distributed or
otherwise exploited for any commercial purpose.
c. You are not permitted to use the word/ mark ‘knottymind’ which is our
registered trademark in any manner anywhere.
d. You shall not use any meta tags or any other "hidden text" utilising
‘Knottymind Legal Services’ names or ‘knottymind’ trademarks or any other
trademarks hosted from time to time being proprietary of KLS, or any
reference of KLS without the express written consent of KLS. Any
unauthorised use of the Website will result in automatic termination of the
permission or license granted to you to use the website, and you may face
appropriate legal actions and to pay damages.
e. You must not
i. republish material from our Website (including republication on another
website);
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ii. sell, rent or sub-license material from our Website;
iii. show any material from our Website in public as part of your pitch or
presentation without express permission of KLS;
iv. exploit material from our Website for a commercial purpose;
v. redistribute material from our Website;
vi. make any modification to the documents, drafts, agreements, etc.
(materials’) or do anything which would violate our copyright in those
materials;
vii. use our Website in any way or take any action that causes, or may cause,
damage to the Website or impairment of the performance, availability or
accessibility of the Website;
viii. use our Website in any way/ manner that is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity;
ix. use our Website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
x. inject or attempt to inject any software code into our Website or any part
thereof;
xi. conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and
data harvesting) on or in relation to our website without our express
written consent;
xii. use data collected from our Website for any direct marketing activity
(including without limitation email marketing, SMS marketing,
telemarketing and direct mailing).
f. We reserve the right to restrict access to areas of our website, at our
discretion; you must not circumvent or bypass, or attempt to circumvent or
bypass, any access restriction measures on our website.
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g. We may suspend your account, cancel your account; and/or edit your
account details to ensure they are accurate and appropriate, at any time
without notice.
9. Terms and Condition of Your Account and Operation.
a. You are responsible to make yourself aware of the contents of Terms of Use
and Privacy Policy and of any modifications thereto from time to time made
available in the Website.
b. You are responsible to keep your username and password under safe and
confidential custody. KLS cannot be made responsible for any release of
username and password, and any accidental release of username and
password shall be immediately communicated to KLS at
support@knottymind.in for blocking the Account until further verification
and necessary change.
c. KLS primarily interact through phone, emails, SMS, chats, etc. You are
responsible to supply correct email id, mobile number, name and address, and
such other details which are required. KLS is not responsible for any
erroneous data provided by you.
d. Once uploaded in your account, any draft document will be available to be
downloaded for 30 days thereafter, post which documents shall be removed to
free up server space.
e. Once draft is uploaded you will receive an email alert sent to your registered
email id. You are encouraged to visit your Account to check for any upload
made. KLS presently offer two free modification requests per draft within 7
workings days of the date of upload. This period of 7 working days is referred
to as the ‘Free Period’. After Free Period, all modifications are chargeable
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whether or not you have utilised the two free modifications per draft within
the Free Period. After Free Period, KLS may reject to modify the draft and KLS
cannot be held liable in any manner whatsoever. KLS may increase or decrease
number of days in the Free Period or may totally abolish the Free Period.
Decision made by KLS is final.
f. KLS operates through in house professionals and external independent
professionals and law firms. Professionals are qualified specialist in their
respective field of expertise, in one or more particular field of law and who are
competent to suggest recourse. However, you are expected to apply your own
reasonableness before acting in accordance with the suggestions of our
professionals. Suggestions or opinions given are based on individual expertise
and understanding of professional who is giving the suggestion/ opinion. No
liability or responsibility can be alleged or imposed on KLS where the outcome
is not as expected by you.
g. KLS pick and choose professionals with utmost care and after verifying
backgrounds of the professional. However, we do not guarantee anything of
professionals’ background.
h. Your Account with KLS is for direct end use. Any query for reselling to be
made to support@knottimind.in .
i. KLS reserves right to vary any services without prior notice. Any such
decision if affecting you, you can ask for refund and refund to be made in
terms of Cancellation and Refund Policy of KLS provided you have not
breached Terms of Use in any manner.
j. Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect that
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you have breached these terms and conditions in any way or if you do
anything illegal, KLS may:
a. send you one or more formal warnings;
b. suspend your access to our website without notice;
c. permanently prohibit you from accessing our website;
d. block computers using your IP address from accessing our website;
e. contact any or all of your internet service providers and request that
they block your access to our website;
f. commence legal action against you, whether for breach of contract or
otherwise;
g. suspend or delete your account on our website; and/or
h. terminate any contract between us and you under these terms and
conditions.
i. where KLS suspend or prohibit or block your access to our website or a
part of our website, you must not take any action to circumvent such
suspension or prohibition or blocking (including without limitation
creating and/or using a different account).
10. Discount
a. KLS may offer discount but such discounts cannot be demanded as right.
b. KLS may offer Loyalty Discount provided you are a regular purchaser of our
services. Such Loyalty Discount to be made available through your account,
but cannot be demanded as right.
c. KLS may provide Reference Code for referring your friends, relatives, and
other people of your networks to use our Website. If they place order with us
and such order is successfully executed and is not cancelled, you may earn
Reference Discount. However, you cannot demand Reference Discount or
Reference Code as right;
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11. Feedbacks and Comments:
a. You may be requested to give feedback about your experience with us, and
you hereby grant us permission and irrevocable license to publish, modify and
publish, delete later, such opinion and experience expressed by you along with
name and place.
12. Payment
a. All prices are subject to change without notice.
b. Price fixed for each service includes cost of service, consultation fees of
professionals, incidental and miscellaneous charges incurred by KLS. Price
does not include GST.
c. Only valid payment methods acceptable to us may be used, for orders and all
refunds (as applicable) will be credited back in the same manner.
d. Concerning any payments by credit card or electronic funds transfer, by
submitting your order for processing, you authorise us to charge your order
(including taxes, handling and any amounts agreed upon before order
submission) to your credit card or account.
e. If your credit card or account cannot be verified, or is invalid, or is not
otherwise acceptable, your order may be suspended or cancelled
automatically.
f. Taxes will be adjusted from the amount shown on the billing screens, which
may be caused by several factors, including changes in tax rates.
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g. An invoice for an order will be sent within 1(One) working days’ post
payment.
h. After login in to the Account, you can add any number of services offered by
us to cart, and once payment is successful, a unique Order Id will be
generated for all future reference.
i. Order value of the cart is the amount excluding taxes.
j. After placing the order with us, you are allowed to make cancellation as per
terms set out herein.
k. Once an order is placed, KLS executive will connect you to guide through the
process and for necessary information. Further for executing your Order our
Professionals may contact you more than once to deliver better product to you
based on your suitability. Such mode of contact may be emails, SMS, phone
call, chats, etc. You agree to cooperate with our professionals and our
personnel at all time.
l. If you fail to cooperate with professionals and our personnel for any reason,
KLS reserve its right to cancel your order will be cancelled and no refund will
be made in such circumstance.
m. At KLS we offer various types of legal services and timeline for completion
cannot always be determined beforehand. Depending upon what you have
ordered the time line may vary and may further vary due to variation and
complexity in facts or may be due to any unforeseen technical difficulty. So
we do not commit anything on timeline. We make our best effort towards
early completion of your order. However, this probable timeline may vary
because of many technical reasons, or to make it suitable for you or if the sales
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volume is high. So if you do not get your ordered draft agreement within 30
days of your order, you can place refund request, refund will be processed as
per our refund policy. However, for all other legal services, if cannot cancel
your order only on the ground of delay. For cancelling an order please mail us
at support@knottymind.in with details of your order and request for
cancellation.
13. Cancellation and Refund Policy
a. We engage our resources as soon as User / Client places an Order
Accordingly, to meet cost of such resources, any refund request will be
processed per our policy. This Refund policy is applicable only for ONLINE
PAYMENT made through Payment gateway or directly to our Organization
Account.
b. There shall not be any refund of ‘Platform Fees’ (fees collected from Client/
user for providing online platform, maintenance, gateway charges,
miscellaneous charges, OTP based digital signature charges).
c. ‘Order value’ means Professional Fees collected by Knottymind Legal
Services, excluding Platform Fees, GST/ Tax, Government fees, etc.
d. This Refund Policy is applicable only where Government Filing has not been
done. In case, Government Filing is completed then no refund of any fees will
be made.
e. Tax adjustment in case of refund will be applicable as per law.
f. Every cancellation placed by User/ Client comes with deductions of two type
of charges:
a. ‘Cancellation charges’ which is a flat fee; and
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b. ‘Expense Fee’ depending on stage at which cancellation request is
placed.
Below Table elaborates the charges in detail:
Stages of Cancellation Cancellation
Charge (to be
deducted from
Order value)
Expense Fees Total
Deduction
from Order
Value
By client
Before sending Questionnaire
or Information Sheet or
otherwise any enquiry sheet;
OR
In the same day of booking of
any IP registration services.
Rs. 500/-
NIL
Rs. 500/-
By client
After sending Questionnaire/
Information Sheet for legal
documents;
OR
In case of IP Registration
service within (T+1) day of
placing the order, provided
in the meantime Government
filing is not done.
P.S-No refund will be made if
Government filing gets
completed, in the meantime
for such order, as applicable.
Rs.500/-
10% of Order
Value
Rs. 500/-
plus 10% of
Order Value
By Client
After sending answer of
Questionnaire or Information
Sheet for legal documents.
OR
For IP registration services,
beyond (T+1) day but within
Rs. 500/-
50% of Order
Value
Rs. 500/-
plus 50% of
Order Value
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filing of registration but
before (T+4) days.
P.S-No refund will be made if
Government filing gets
completed, in the meantime
for such order, as applicable.
Cancellation when Ordered
Item is sent to Client’s Email
/ uploaded into Client’s
Account/ Government filing
is done for such order, as
applicable.
No cancellation request is accepted.
Cancellation of consultation No refund of fees for cancelling consultation by
you. However, you can re-schedule the
consultation slot once. For re-scheduling slot
write us at support@knottymind.in along with
Order ID.
Cancellation of consultation
/ order by KLS
100% refund of Order Value.
Cancellation of consultation
due to technical error
No Refund. To re-
schedule write us at
support@knottymind.in along with Order ID.
Where Client/ user fail to
provide necessary details
required for processing
Order. Even after 3 time
email follow-up by KLS
Order will be cancelled and No refund.
However, if client still provides information as
asked, then KLS will process the Order.
For any other refund related query, please contact us at support@knottymind.in
along with OrderID
14. Disclaimer
a. KLS is not liable to you of any losses arising out of any event or events
beyond our reasonable control or unforeseen by us;
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b. We are not responsible for any outcome of any legal process or effect of legal
documents/ agreements drafted by KLS or of any consultation given by KLS,
whether good or bad;
c. We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill;
d. We will not be liable to you in respect of any special, direct, indirect or
consequential loss or damage;
15. Limitation on Warranty of services of KLS
a. No lawyer-client, solicitor-client or attorney-client relationship is created
through the use of KLS Website or services.
b. From time to time KLS may provide consultation services and draft
agreements or other legal documents, in this connection, you understand that:
i. KLS provides services based on information supplied by you, and there may
be circumstances which are relevant to agreements/ documents drafting or
consultation / about which you have not communicated anything or missed
to communicate;
ii. any assistance you may receive from us is likely to be incomplete;
KLS cannot be held liable for such miscommunication or incomplete
assistance.
c. The legal documents/ agreement are all created by lawyers qualified to
practise in India. KLS give no warranty that the documents are at all suitable
for use in relation to any other law or jurisdiction.
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d. KLS do not warrant or represent the completeness or accuracy of the
information published on our website or that the material on the website is up
to date or that the website or any service on the website will remain available.
e. We reserve the right to discontinue or alter any or all of our website services,
and to stop publishing our website, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
these terms and conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any website services,
or if we stop publishing the website.
f. To the maximum extent permitted by applicable law, we exclude all
representations and warranties relating to the subject matter of these terms
and conditions, our website and the use of our website.
g. Under no circumstance, you can claim / demand damages greater than 10
percent of the order value.
16. Indemnity and Release
a. You hereby indemnify KLS, and undertake to keep KLS indemnified, against
any and all losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by KLS to a third party in
settlement of a claim or dispute) incurred or suffered by KLS and arising
directly or indirectly out of a breach by you of any provision of these terms
and conditions; or any misuse not explicitly mentioned herein by you of our
website or services.
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b. KLS indemnify you only to the extent of 10% of the Order value and nothing
more, subject to Disclaimer and Warranty Limitations Clauses.
17. Losses
KLS will not be responsible, in any manner, for any business outcome including
loss or profits of revenue, contracts, anticipated savings, data, goodwill or
wasted expenditure or any other direct, indirect or consequential loss to you.
You shall be however responsible for any loss caused by you to Knottymind
including false court cases. Knottymind reserves right to claim damages along
with 10% interest compoundable every month. Such interest shall apply on
damages amount if the amount is not paid to Knottymind by the Client within
due date stated in demand notice.
18. Alteration of Service or Amendments to the Conditions
a. KLA reserve the right to make changes to Terms of Use of the Website,
Privacy Policy, services and incidental matters. You are responsible to keep
yourself updated with any / all modifications.
b. After introducing modified Terms of Use, the older version may not be
available in the Website.
19. Third Party Rights:
a. KLS do not control any third party website and hence we are not
responsible for any offer given, promise made by any third party or third
party website in any matter whatsoever involving us. We do not take any
money for creating account. You are to apply your reasonableness and
discretion before believing into any such tempting advertisement or claim
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or offer. Under no circumstance, KLS can be held liable for any loss,
damage, leak of date or information, violation of confidentiality or for any
damage caused.
b. KLS may also host advertisements in our website; however, you are to
apply your discretion and reasonableness before you click or follow such
advertisements. KLS disclaim all responsibilities of damage which may
cause to you due to your following such links or hyperlinks of the
advertisement and investing your resources there. Such hyperlinks are not
any recommendation.
20. Assignment
a. You hereby agree that KLS may assign, transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms of use.
b. You may not without KLS prior written consent assign, transfer, sub-contract
or otherwise deal with any of your rights and/or obligations under these
terms of use.
21. Severability
a. If any clause of this Terms of Use is determined by any Court of India or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue to be in force.
b. If any unlawful and/or unenforceable provision of the Terms of Use is
rendered unenforceable, if part of it were deleted, that part will be deemed to
be deleted, and the rest of the provision will continue in effect.
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22. Entire Agreement
These Terms of Use, together with our privacy and such other terms which
you may have to agree depending on product or service ordered by you, shall
constitute the entire agreement between you and KLS in relation to your use
of KLS website.
23. Notice Clause
Write us at
Knottymind Legal Services,
173B Aurobindo Sarani, Kolkata-700006
grievance@knottymind.in
24. Arbitration:
a. All dispute has to be mandatorily referred to arbitration;
b. Arbitration process shall be decided by 3 member arbitration where
arbitrators to be chosen from list of panel arbitrators supplied by
Knottymind Legal Services;
c. Out of 3 members, each party will choose one arbitrator each and the third
arbitrator shall be chosen by these two arbitrators.
d. Cost of arbitration proceedings shall be borne by you until finality of dispute
is reached; based on final outcome, KLS will pay its share subject to a
maximum of 10% of Order Value or Rs. 10,000/- whichever is less.
e. Seat of arbitration shall be in Kolkata, India;
f. Language of arbitration is English;
g. Arbitral awards and decision shall be binding on parties.
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25. Law and Jurisdiction
All disputes with us are subject to jurisdiction of Calcutta and Laws of India.
VERSION 1.2 DATE – 18.02.2025