BY AGREEING TO THIS EULA, OR BY TAKING ANY STEP TO USE THE WEBSITE, YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AS A SUBSCRIBER. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THIS WEBSITE OR THE SERVICES OFFERED BY PVKL TECH SERVICES PRIVATE LIMITED IN CONNECTION WITH WWW.PROVAKIL.COM.
This End-User License Agreement ("EULA") is a legal agreement between (a) the Subscriber (either an individual or a single entity) and (b) PVKL Tech Services Private Limited ("Provakil") that governs the use of any service made available by Provakil.
1.1. Permitted Purpose means the use of the Provakil services by the Subscriber for (a) Academic or educational research (b) Use for the purpose of a lawful vocation or profession, or (c) In the manner as set forth in the EULA herein.
1.2. Provakil means PVKL Tech Services Private Limited with its registered office and includes any agents authorized by Provakil on its behalf.
1.3. Subscription Policy means a schedule of rates released by Provakil from time to time which contains the fees payable by the subscriber for different plans and the terms and conditions to be followed for that particular plan.
1.4. Services or Service means all services offered by Provakil through its website www.provakil.com.
1.5. Subscriber means any person either an individual or a single entity who has paid the subscription fees and has been given an account by way of a user-name and password to use the services provided by Provakil.
1.6. Subscription fees means the fees paid by the subscriber towards the use of the services offered by provakil as per the Pricing and Policy set by Provakil.
1.7. Subscription term means the term for which subscription fees has been paid as per the Subscription Policy set by Provakil.
2.1. On payment of the subscription fees, Provakil grants the subscriber non-exclusive, non-transferable, revocable, limited license to access and use the services provided by Provakil, in the manner permitted by the EULA. The rights granted herein are subject to the licensee's compliance with the EULA.
3.1. The subscription fee paid by the user for the subscription term shall be considered the fees for the license provided by Provakil to the subscriber. The subscription fees is non–refundable. All taxes, fees and duties existing and/or subsequently imposed are to be borne by the Subscriber.
4.1. The License under this EULA shall commence on the date that the subscriber accepts this EULA or otherwise uses the Services and ends on either, the completion of the Subscription term or Provakil's termination of this EULA; whichever is earlier.
4.2. Any additional features, content or data added by Provakil to its services after the commencement of the term are not included in the license and available only on payment of additional fees as per the Subscription Policy set by Provakil.
5.1. The subscriber agrees not to exploit the license commercially or use it for any purpose other than the permitted purposes.
5.2. The subscriber agrees not to distribute, lease, license, sell, rent, lend, convey, sub-license or otherwise transfer or assign the Services offered by Provakil, any copies thereof, or any passwords or user-names of any Provakil account, without the express prior written consent of Provakil or as set forth in this EULA;
5.3. The subscriber agrees not to make a copy of the services offered by Provakil or any part thereof, including but not limited to the data contained therein;
5.4. The subscriber agrees not to make the services offered by provakil publicly available or available on a network for use or download by multiple users;
5.5. The subscriber agrees not to reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Services offered by Provakil, in whole or in part;
5.6. The subscriber agrees not to, except as otherwise specifically provided by Provakil or this EULA, use or install the Services offered by Provakil (or permit others to do same) on a network, for on-line use, or on more than one devices at the same time;
5.7. The subscriber agrees not to remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services offered by Provakil, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
5.8. The subscriber agrees not to misrepresent the source of ownership of the Provakil’s Services;
5.9. The subscriber agrees not to scrape, build databases or otherwise create permanent copies of content returned from the Services offered by Provakil.
5.10. The subscriber agrees not to copy extracts from the database used by provakil in offering its service or sell, reproduce or store it in any manner whatsoever.
6.1. The services offered by Provakil require an internet connection to access its features. Provakil is not responsible for any deficiency in services arising out of deficiency or on account of the internet connection of the subscriber.
6.2. While every reasonable effort will be made to ensure accuracy of information provided, Provakil’s services are dependent on public data available on third-party websites. Provakil does not guarantee the integrity, accuracy or quality of the information offered as a part of the service. Any discrepancies should be brought to Provakil’s notice immediately. In any event, Provakil will not be liable for any loss caused due to inaccurate information posted on its website. The user is cautioned to check the information with independent sources before relying on it.
6.3. Provakil shall not be responsible for any delays, defaults or interruptions in the provision of service
6.4. The services offered by Provakil are provided to you “as is” with all faults, without warranty of any kind, without any assurances of performance or any other guarantees of any kind. The subscriber agrees to use the services at their own risk.
6.5. Provakil does not make and hereby disclaims any and all implied or statutory warranties, including implied warranties of condition, uninterrupted use, compatibility, error-free service, accuracy of data, non-infringement of third-party rights and other warranties.
7.1. Under no circumstances will Provakil be responsible for any indirect, special, incidental or consequential damages resulting from the access, use or malfunction of Provakil’s services, including but not limited to damage to property, loss of goodwill, computer failure or malfunction, loss of profit, revenue, or for costs or expenses arising from such damage or loss.
7.2. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8.1. The subscriber shall fully indemnify and hold Provakil and its/their affiliates harmless for all costs, damages, losses and expenses (including all reasonably incurred legal expenses) whether arising in contract, tort, under statute (including in each case negligence) or otherwise incurred by Provakil and its/their affiliates which arise in connection with any misuse or overuse by the Subscriber or any user or any other third party through the subscriber’s user-name of Provakil’s services or any part of the services, or otherwise in connection with any breach by the subscriber of these terms and conditions.
9.1. The subscriber agrees that the services contain trademarks, copyright, patents, designs and other intellectual property of Provakil. The subscriber agrees that nothing in this agreement shall be construed to conferring any intellectual property right to the subscriber. All rights not expressly granted herein are reserved.
10.1. Provakil shall not be liable for failure to perform its/their obligations if the failures result from an act of God, an act of Government, other authorities or statutory undertakings, fire, explosion, accident, power failure, equipment or systems failure, industrial dispute or anything beyond the Provakil’s control.
11.1. Provakil may in their sole discretion, in the following cases cancel the License: (a) violation of the EULA or (b) any misuse or overuse of the service by the subscriber, its employees, partners, associates, servants and agents, and no part of the subscription fee would be refundable.
12.1. This EULA may be modified any time by giving electronic notice to the subscriber. The subscribers continued use of the service shall be deemed to be an acceptance of the modified terms of the EULA.
12.2. Provakil reserves the right to modify its Subscription Policy from time to time. The Subscription Policy as well as the terms and conditions laid down therein shall be considered a part of this EULA.
13.1. This EULA and the Provakil’s Subscription Policy shall be governed by and construed in accordance with Indian law.
14.1. All disputes relating to this End User License Agreement and its Terms and Conditions or claims arising therefrom will be subject exclusively to the jurisdiction of courts/forums/tribunals at New Delhi, India only.
15.1. The EULA, the terms and conditions contained in Provakil’s Subscription Policy as well as any modifications herein form a single agreement. If any of the clauses in any of these is unenforceable, void or otherwise unlawful it shall be severable from the rest of the agreement and shall not affect the enforceability of the rest of the agreement as a whole.
16.1. As per terms set under Licence Term contained in Clause 4.2 herein, the Subscriber understands that all information and data displayed on Provakil is aggregated by Provakil and its agents from multiple public sources. This aggregation of public data is conducted through proprietary techniques and technologies that Provakil has developed to conduct its business; and as such, Provakil reserves all rights over this aggregated data and information.
16.2. The Subscriber understands that upon Termination of Licence as set forth under Clause 11 herein, or on expiry of the Subscription term; whichever is earlier, the Subscriber will not be able to receive any further information or data or service through Provakil, or its agents/authorised representatives. The Subscriber also understands that by discontinuation of service offered by Provakil, the Subscriber will not be able to use the online service available through www.provakil.com, or its mobile apps available on Android and iOS platforms.
16.3. Upon discontinuation of service offered by Provakil, the Subscriber is only entitled to receive data entered by the Subscriber during continued use of Provakil. The user entered data is further limited to forums, case types, case numbers, case years and file numbers that the Subscriber adds to their Provakil Account.
17.1. Provakil is no way associated in any way to the Central Government of India, or the State Governments in India, the Supreme Court of India, any High Court of India or any other Court in India or their agents and functionaries. Any data offered as a part of any Provakil service is provided on an “as-is” basis based on public data available from third-party websites.