OUR COMMITMENT TO PRIVACY
Our primary motive is to build a platform which will facilitate users/visitors to ask his/her queries on our website and get it answered by Lawyers/ Charted Accountants for free. In case the user/visitor is not satisfied with the answer and his query is still not answered to his satisfaction,he can also avail the service of online / telephonic / face-to-face consultation.In case the user/visitor’s question or consultation contains matters of high security risk or there is a high privacy concern (like matters of Constitution, matters related to judiciary, matters related to police or law enforcement) we suggest you to use alternate services. It is advisable to include only relevant de-identifiable Personal Information in case history and files uploaded by you.
- This document 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 in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The domain name www.expertily.com, is owned and operated by YourKamaan Legal Solutions Pvt. Ltd. (The Company), a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at C-83, Roopvilla, Plot-2, Sector- 19B, Dwarka, New Delhi, India - 110075, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- For the purpose of this Terms & Conditions, wherever the context so requires; The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;The terms ‘We’, ‘Us’ &‘Our’ shall mean the Website and/or the Company, as the context so requires; The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so required; The term “Professional(s)” or “Professional” shall respectively be used to refer to the Lawyers, Charted Accountants & Accountants, individually and collectively, as the context so required
- The use of the Website by the User is solely governed by this Policy as well as the Terms & Conditions of the Website, and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that no signature or express act is required to make these Terms and the Policy binding on the User and that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.
- The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same.
- The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.
We and our third party service providers, which include ad networks, user cookies, web beacons, and other tracking technologies to collect information about your use of our Website and Services, such as your browser type, your ISP or operating system, your domain name, your access time, the URL of the previous website you visited, your page views, your IP address, and the type of device that you use. We also track how frequently you visit our Website and use our Services. We use this information (including the information collected by our third party service providers) for Website analytics to determine which portions of our Website are used most frequently, what our users like/do not like. Currently, we do not honour browser requests not to be tracked. We may obtain your device ID, which is sent to Expertily’s servers and used in fraud prevention efforts.
Disabling Cookies: You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can easily modify your browser setting to decline cookies, if you wish to. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
COLLECTION OF PERSONAL INFORMATION
Personal information: is defined to include information that whether on its own or in combination with other information may be used to readily identify or contact you such as: name, address, email address, phone number etc. The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s name, passwords, email address, name, address, age, date of birth, sex, nationality, shopping preferences, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company/Website to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customise and improve the Website to make its users’ experiences safer and easier.
The User is aware that while he/she can browse some sections of the Website without being a registered user, certain activities such as asking for free advice or requesting to fix a meeting with a professional requires the User to provide valid personal information to the Company/Website for the purpose of registration. The User is aware that the contact information provided to the Company/Website may be used to send the User offers and promotions, whether or not based on the User’s previous orders and interests, and the User hereby expressly consents to receiving the same.
The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
Professionals: We collect personal information from Service Professionals offering their services. This information is partially or completely accessible to all visitors using Expertily’s website, either directly or by submitting a request for a service. Service Professionals and customers are required to create an account to be able to access certain portions of our Website, such as to submit questions and answers, to ask for the meeting with the professionals. Professionals, if and when they create an account with Expertily, will be required to disclose information including personal contact details, agree to participation in free advice, polls, surveys or feedbacks or any other information that can help customer satiate his/her needs. If you are a Professional and would like to post any information about yourself, we will require you to register for an Account. During the Account registration process, we will collect your name, telephone number, address, zip code, a short description of your services, a headline for your profile, first and last name, and email address. In addition, you may, but are not required to, provide other content or information about your profession, including photographs and videos.
Consumers: During the account registration process, we will collect information such as your name, postal code, telephone email address and other personal information. You also may provide us with your, mailing address, and demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers). We may also collect personal information that you post in your Offer, Profile, Wants, or Feedback, and any comments or discussions you post in the free advice section, any blog, chat room, or other correspondence section on the Website. And that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website as permitted by applicable laws.
Online Surveys: The User is aware that the Company/Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this data is used to customise the Website only for the benefit of the User, and providing all users of the Website with products/services/content that the Company/Website believes they might be interested in availing of, and also to display content according to the User’s preferences.
Reviews: The User is further aware that the Company/Website may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Website, and also reviews for the various professional listed on the Website. The User is aware that such reviews will help other users of the website make prudent and correct choice, and also help the Company/Website remove professional who are unsatisfactory in any way, and the User hereby expressly authorises the Company/Website to publish any and all reviews written by the User on the Website, along with the User’s name and certain contact details, for the benefit and use of other Users of the Website.
HOW WE USE / SHARE THE INFORMATION WE COLLECT
We collect your personal information and aggregate information about the use of our Website and Services to better understand your needs and to provide you with a better Website experience. Specifically, we may use your personal information for any of the following reasons:
- To provide our services to you, including registering you for our services, verifying your identity and authority to use our services, and to otherwise enable you to use our Website and our services; For customer support and to respond to your inquiries; For internal record-keeping purposes; To process billing and payment, including sharing with third party payment gateways in connection with Website and/or Expertily’s products and Services.
- To improve and maintain our Website and our Services (for example, we track information entered through the "Search" function; this helps us determine which areas of our Website users like best and areas that we may want to enhance; we also will use for trouble-shooting purposes, where applicable);Personal information like your case history (optional), gender and age details is collected when you start a new consultation request with the professional(s). These are saved in your account for future reference and future consultation requests. These details in conjunction with your questions are shared with consulting professionals to help them answer your questions to the best of their knowledge. Once the consultation is complete, we may share your questions (without any of your personal information i.e name, age, sex etc.) and respective answers by professional(s) on site, to enable website visitors to learn from your case experiences.
- To provide the service offered through this Website, we will forward your information to the Lawyers identified when you complete our form and request a consultation in order for them to contact you, to evaluate your needs, and to determine whether to represent you. When you submit your request, you consent to release of your information to those Lawyers. As part of this process, the Lawyers agree to keep your information confidential and agree not to share it with any third party without your express permission
- To periodically send promotional emails to the email address you provide regarding new products from Expertily, special offers from Expertily or other information about Expertily, that we think you may find interesting; To contact you via email, telephone, facsimile or mail, or, where requested, by text message, to deliver certain services or information you have requested.
- The User is aware that the Website/Company may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
- The User is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
- The User is further aware that the Website/Company and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organisation, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
Personal Data: We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorised access or disclosure. Expertily may use encryption, passwords, and physical security measures to help protect your personal information against unauthorised access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. You should take steps to protect against unauthorised access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. Expertily is not responsible for the unauthorised use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorised password activity.
Your personal data may in some situations be seen by third parties, such as Lawyers or operations and maintenance contractors repairing and maintaining our technical systems. The respective contracts require businesses to protect the information we share with them. Expertily will use the information received to provide user services in the best interest of the company.We will share your case information when required to comply with court order or other legal process. We may use and share your case information to protect the rights, property or safety of Expertily or another party, or to respond to claims that any posting or other content violates the rights of third parties.
Transactions: Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorised to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
UPDATING DELETING AND CORRECTING YOUR PERSONAL INFORMATION
THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website uses third-party advertising companies to serve ads to the users of the Website. The User is aware that these companies may use information relating to the User’s visits to the Website and other websites in order to provide customised advertisements to the User. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the User. The Company/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
We invite you to post content on our Website, including your questions, comments, feedback, pictures, and any other information that you would like to be available on our Website. If you post content on our Website, all of the information that you post will be available to all visitors to our Website. If you post your own content on our Website or Services, your posting may become public and Expertily cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Himanshu Singhal (E-mail: [email protected])
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
Mediation:In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below.
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company and the opposite party, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi.
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Delhi, shall have exclusive jurisdiction over any disputes arising between the Parties.
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. EXPERTILY MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY FROM TIME TO TIME BY UPDATING THIS DOCUMENT. EXPERTILY WILL POST ITS UPDATED POLICY ON THE WEBSITE ON THIS PAGE. EXPERTILY ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEBSITE AND/OR CONTINUED PROVISION OF PERSONAL INFORMATION TO US WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.