USER AGREEMENT
This User Agreement (this “Agreement”) is being entered into between You (herein referred to as "Customer," "User," "Client," or "Visitor" of the website and mobile application) and Sproutech Solutions Private Limited (herein referred to as “Company”, “Lawyered”, “We”, “Us” or “Our”) and its affiliates.
The Company operates and owns the website https://www.lawyered.in (The “website”), its content, services provided thereunder, and the mobile application on Android and iOS through which it provides on-road legal assistance, including but not limited to on-call legal guidance, legal representation, and challan resolution. The terms and conditions shall govern the use of or access to the website and services.
The terms stipulated in this Agreement shall mean a binding contract between the User and the Company. No information provided on the website shall be considered a substitute for your independent investigation. These terms and conditions shall be governed by the Information Technology Act, 2000 (“IT Act”) and applicable rules made thereunder. Once You have entered the website/application or uses the services of the company as stipulated on the website, shall be deemed to be accepting the terms and conditions hereunder, and no digital signature or otherwise is needed.
The terms stipulated in this Agreement shall mean a binding contract between the User and the Company. No information provided on the Website shall be considered a substitute for your independent investigation. These terms and conditions shall be governed by the Information Technology Act, 2000 (“IT Act”) and applicable rules made thereunder. Once You have entered the Website/application or use the services of the Company as stipulated on the website, shall be deemed to be accepting the terms and conditions hereunder, and no digital signature or otherwise is needed.
WHAT DO WE DO?
Sproutech Solutions Private Limited, commonly known as Lawyered, is on a mission to make law accessible and affordable to every individual, entity, and business by working towards minimizing the trust barriers through knowledge and awareness. Lawyered’s main objective is to legally empower and cater to the needs of the individuals, entities and businesses. Lawyered is constantly evolving and developing various products to fulfill its purpose.
One of its online products is focused on solving 24x7 on-road legal issues pan India in real-time for the Indian Mobility Market (commercial and non-commercial vehicles) through its product “Lawyer on the Spot” (LOTS). Additionally, Highway hero caters to the needs of the drivers of truck drivers.
The SCOPE OF SERVICES offered by Lawyered includes:
- 24x7 on-call legal support/representation on all days.
- “Lawyer on the spot”means a physical representation by a lawyer or its representative during the working hours of Authorities, Tribunals and Courts.
- Other related services, including but not limited to challan resolution, shall be made available during working hours, extending to the needs of truck drivers.
Physical representation by the lawyer and challan resolution shall be available to the User based upon the respective User arrangement with Lawyered.
The 24x7 on-call legal representation shall be made available to the User within two hours of raising the request. The User acknowledges and understands that there might be limitations to the services provided by us due to various factors beyond our control. These factors includes but are not limited to:
- Technical issues
- Public holidays
- Unforeseen events such as court vacancies, unavailability of police officials, riots, elections and other related events
- Any government-mandated restrictions or limitations during election periods
- Natural calamities like floods, earthquakes, hurricanes, or any other similar causes
The User acknowledges that these factors may result in delays, interruptions, or temporary suspension of the services provided. We will make reasonable efforts to notify the User of any significant delays or interruptions and to resume normal services as promptly as possible. However, we shall not be held liable for any consequences arising from such limitations.
REGISTRATION WITH US.
By choosing to register and make use of the product and by taking our subscription or membership(s) as may be applicable, You agree to the terms and conditions outlined in this document. Lawyered has a subscription model whereby You consent to use the services provided by being the subscriber. You acknowledge and agree that, in accordance with the agreed service(s) scope of services, You shall be responsible for the release and transfer of payment as per the clauses mentioned in the terms and conditions hereunder.
USER ELIGIBILITY
You, as a Users, are the owner or driver of a vehicle as described under Motor Vehicle Act,1988 (private or commercial), or engaged in any business related to transport, logistics, supply chain management, or logistics software and hardware solutions, whether tech-based or not, focusing on simplifying movement and improving productivity, performance, and profits of the logistics ecosystem.
The User acknowledges and warrants that upon clicking “I Agree” and upon entering into Lawyered's website or mobile application, or by using Lawyered’s services, You accept the terms and conditions mentioned in this Agreement.
By using our services, the User affirms to be of 18 years of age or older. The services offered herein are available only in India. The company does not extend its services outside the territory of India.
The User affirms and warrants to hold valid legal documents pertaining to the person driving the vehicle and the vehicle. The User affirms that he does not have any criminal record.
The User agrees to be in compliance with the laws and regulations of India including Motor Vehicle, 1988 or as amended from time to time. You agree not to violate any legal right available to the third party or yourself.
PAYMENT TERMS
To avail the service(s) through Lawyered’s local legal professional network PAN India, You shall pay the professional fee of the legal professional alongwith the service fee to Lawyered. The said fee shall vary on a case-to-case basis. For each service request, there may be mutually agreed consideration fees for the respective service availed.
You shall be informed via email, and further, depending on the progress and service completion in question, as per the mutually agreed service scope, Lawyered shall be entitled and authorized on Your behalf to release those payments to legal professional(s) representing and assigned on Your received service(s). Payment shall be made by You within the agreed- upon timeframe.
Invoice: Lawyered will issue a tax invoice to the User, detailing the professional fee and the service fee, including GST( Goods and services Tax) as applicable.
You acknowledge and agree that the payments made through Lawyered may not be subject to applicable TDS (Tax Deducted at Source) as the end legal services are subject to being performed and delivered by the legal professional assigned in the received service request.
CANCELLATION, REFUND AND SUSPENSION.
The User account may be canceled/suspended at the discretion of Lawyered in case the User is in breach of the terms stipulated in this Agreement.
● Subscription fee: The User is eligible for a full refund of the subscription fee. Provided the request for such refund is placed within 15 days from the date of depositing the subscription fee.
● Challan penalty amount and service fee: The User is eligible for a full refund of the challan penalty amount and service fee deposited by the User before the submission of the application before the Tribunal/Court/Authority. The User is not entitled to a refund after the submission of the application.
GENERAL TERMS AND CONDITIONS.
The User acknowledges and understands that it shall comply with all the legal requirements as communicated by Lawyered or its legal associates to facilitate the fulfillment of the services by Lawyered, such as physical presence of the client if and when required by the Authority/Tribunal/Court.
The User acknowledges that the challan insight provided by Lawyered is in parallel with the Government API. Lawyered shall not be held liable for any delays caused due to technical glitch, error arising out of use of challan insight.
The User acknowledges that Lawyered’s on-call support is available 24x7 on all days of the week. Physical representation by a lawyer is available on request and is available during the working hours of the Authorities/Tribunals/Courts. However, physical representation is not available on days when the court is vacant, during court and public holidays, or in situations beyond Lawyered’s control.
You agree and acknowledge that any arrangement between You and Lawyered shall be read in conjunction with the terms and conditions agreed to in this agreement. In the event of a conflict between the terms and conditions of the arrangement between the User and Lawyered, the latest arrangement agreed upon in writing and duly signed by You and us shall supersede.
All of Your communications on the Lawyered platform (Website, Mobile Application) are protected by our privacy policy (“Privacy Policy”) https://www.lawyered.in/privacy-policy/.
The User fully understands and acknowledges that Lawyered provides services without any guarantee of any predetermined outcome. Lawyered holds no liability for the services rendered. The User acknowledges that the resolution provided by Lawyered is associated with the services provided by platform lawyer and is dependent upon the discretion of relevant Authorities/Tribunals/Courts.
The User acknowledges that Lawyered’s delivery services may be dependent on third-party sources and API’s. Lawyered shall not be held liable for any delays, technical issues, glitches that may arise from the use of such services.
Lawyered reserves the right to modify/amend/suspend/discontinue the services of the User at any time, and the same shall be communicated to the User.
The terms and conditions of this Agreement may be amended/updated from time to time and the same shall be updated upon the website.
Any kind of “solicitation” or “advertising” of legal professionals is not done by Lawyered for any purpose. It is solely and exclusively a legal tech discovery platform (Website, Mobile application) providing on-road legal assistance and its mission is to make people legally empowered.
The User may report any grievances in case of any concern/queries related to the use of services in this Agreement to the grievance officer, details of which are given on the website under Contact Us and are available 24x7.
In case of any concerns or discrepancies in the information/proposal sent to You, please let us know within seven (7) days of accepting the proposal by writing to letsresolve-mailbox@lawyered.in
YOUR RIGHTS AND LIABILITIES.
You are advised to read the terms and conditions of this agreement carefully. Once You tap on the “I Agree” button, You shall be legally bound by the terms as stipulated hereunder and have given full and final consent. You are hereby requested to review the policies attached to this agreement. If You may have any queries or questions, contact us in the manner described under the “contact us” tab.
You acknowledge that You will be given the option to select alternative legal professionals from other platforms should the need arise, and Lawyered does not require You to exclusively utilize its platform legal professional.
You agree and acknowledge that by using the service offering(s) and features offered by us, it shall not lead to the formation of an attorney-client relationship or be deemed to be formed between us.
You acknowledge and agree to provide true, legally, and factually correct information to “Lawyered' to effectively execute the submitted service request and enable us to proceed further.
You agree to provide accurate information about yourself and the vehicle and keep the said information updated from time to time.
By acknowledging and agreeing to abide by local laws and regulations, You hereby consent to adhere to all applicable legal requirements governing the use of the service or product. This obligation encompasses, but is not limited to, compliance with laws pertaining to intellectual property rights, privacy, data protection, consumer rights, and any other pertinent legislation.
By agreeing to cooperate during the legal proceedings entails providing assistance, information, and any necessary cooperation if legal actions arise concerning the service or product. This may involve responding to inquiries, providing documentation or evidence, attending hearings or meetings, and generally participating in the legal process as required.
By agreeing to this clause, You commit to acting in good faith and cooperating fully with any legal proceedings that may arise, thereby ensuring transparency, accountability, and compliance with the law. Failure to cooperate may result in legal consequences, including but not limited to penalties, fines, or legal liabilities upon You.
CONFIDENTIALITY.
Confidential Information means any and all technical and non-technical information disclosed by Lawyered to You under this Agreement and related to the past, present or future business or technology of Lawyered, including without limitation information constituting or concerning business model, trade secret, data, product, services, technology, concept,; and third-party information that is obligated to maintain in confidence. Confidential Information includes information disclosed prior to or after the date hereof.
The User acknowledges that by virtue of this agreement may have direct and indirect access to the confidential information of Lawyered. The User hereby agree to hold in confidence all or any information and documents obtained by it, its employees, representative, directors, managerial personnel and shall not use or disclose such information or any part of it to third party without the prior written consent of Lawyered; except to officers, employees, agents, contractors or subcontractors whose duties require them to have access to the Confidential Information on a need to know basis to the extent necessary and who have a contractual, legal, ethical or professional duty to maintain the confidence of such Confidential Information.
Any data made available to You by Lawyered shall be the sole property of the Lawyered and You shall not access, analyze, tamper, breach, aggregate, sell, lease or otherwise use it for any other purpose or commercial exploitation and failing which legal action would be taken.
Confidential Information may be disclosed to the extent required by Law provided a prior written notice is given to the other Party and prior to any such disclosure, allow the other Party an opportunity to intervene or where possible obtain from such third parties duly binding agreements to maintain in confidence the information to be disclosed.
During the subsistence of this Agreement and after termination, You shall maintain all Confidential Information in the strictest confidence and trust for perpetuity.
INTELLECTUAL PROPERTY RIGHTS.
Lawyered shall retain all rights, titles and interests in the software and its Confidential Information and all its intellectual property rights thereto supplied to the You under this Agreement.
Lawyered maintains the confidentiality of any personal data they come into contact with or during the course of their work. This includes not disclosing data to unauthorized individuals.
Lawyered follows security protocols and policies established by the organization to protect personal data from unauthorized access, disclosure, alteration, or destruction. This may include using strong passwords, encrypting data, and avoiding the use of unsecured networks. Anyone failing to comply with the above will be liable for an offense under the Digital Data Protection Act 2023 and Information Technology Act 2000.
Nothing in this Agreement shall affect a transfer of Lawyered’s intellectual property rights from to You, or otherwise be construed to confer any license to You under such intellectual property rights, except as expressly set forth in this Agreement.
All the new intellectual property conceived, developed or created by Lawyered, its Affiliates, its subcontractors, or any of their respective employees related to the software and technological development shall be the property of the Lawyered.
LIMITATION OF LIABILITY
By using the Lawyered platform (Website and/or LOTS Application(s)), You as a User acknowledge that Lawyered shall in no way be held liable for any loss or damages incurred by You, including costs, time, or any other nature of loss or damage arising from or incidental to any negligence or conduct of the assigned platform legal professional(s).
Lawyered does not guarantee a legal resolution to Your query and shall not be liable if the platform (Website and/or LOTS relating Application(s)) becomes unavailable due to bugs or defaults, technical issues, periodic maintenance, technical glitch faced by source or circumstances beyond its control. Therefore, Lawyered cannot be held liable for any claims of losses or damages whatsoever arising or incidental to it.
Lawyered reserves the right to provide its clients or customers access to the legal solution /information in a manner which it deems appropriate by means of the technology being in compliance with the laws.
Lawyered shall in no event be liable to You or anyone on Your behalf for any direct, consequential, incidental, indirect, punitive or special damages, whatsoever, regardless of cause, including losses and damages (a) resulting from loss of use, data, reputation, revenue, or profits; (b) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (c) arising out of or in connection with Your use of or access to the Services and Software. Nothing in these terms limits or excludes our liability for gross negligence, intentional misconduct of Lawyered or its employees, death, or personal injury.
No waiver of any provision or consent to any exception to the terms of this Agreement shall be effective unless in writing and signed by the waiving Party to be bound, and even then, it will only be applicable to the specific purpose, extent, and instance provided
Notwithstanding anything contained herein, Lawyered’s total liability in relation to any matter arising from these terms, the services offered, or indirect or unforeseeable losses to the User due to service failures or inaccuracies is limited to the 50% (fifty percent) of the total amount of the respective service availed by the end user. This limitation extends to the maximum extent permitted by the law, including even if
a) A remedy does not fully compensate You for any losses or failures of its essential purpose; or
b) By entering into our website or registering with us, You fully acknowledge the risk involved or damages You might have incurred.
DISPUTE RESOLUTION AND GOVERNING LAW
This Agreement shall be governed by the laws, regulations, and rules applicable in the territory of India without reference to the applicable laws of conflict. The Courts at Gurugram, Haryana, India shall have exclusive jurisdiction relating to any matter/issue under or pursuant to the Agreement. Notwithstanding anything to the contrary:
a. Any dispute, difference, question, issue or claim arising out of or relating to this Agreement or its interpretation, or the breach or alleged breach thereof, or affecting this Agreement in any way or of any nature whatsoever (“Dispute”), shall be tried and settled amicably among the parties through mutual discussion. If the parties are not able to settle the matter within 30 days, they shall refer the matter to arbitration to be conducted by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996.
b. Either Party shall be entitled to give 30 (thirty) days clear notice in writing to the others of its intention to refer the Dispute to Arbitration (“Arbitration Notice”).
c. Subject to the procedure laid down therein, the arbitration shall be conducted in accordance with and governed by the provisions of the Arbitration and Conciliation Act, 1996 or any modification thereof or amendment thereto.
d. The Seat of Arbitration shall be Gurugram, Haryana, India. Both the parties shall mutually appoint a sole arbitrator in accordance with the provision of law. The Language used as a medium shall be the English language.
e. The Award shall be binding on the Parties, subject to the applicable laws in force, and the award shall be enforceable in any competent court of law.
f. As an alternative to arbitration, either party may choose to refer the Dispute to an alternate dispute resolution (ADR) mechanism, such as mediation or conciliation, before commencing arbitration. If both parties agree to this, the ADR process shall be conducted in Gurugram, Haryana, India, and in the English language. The results of the ADR process shall not be binding unless both parties agree in writing. If the Dispute is not resolved through ADR within 30 days from the date of initiation, either party may proceed to arbitration as outlined above.
INDEMNIFICATION.
The User hereby agrees to indemnify and protect Lawyered, its affiliates, employees, officers, vendors, directors from and against the losses, liabilities, reasonable fees and disbursements, claims, liens, damages, claims arising out of third party or any other obligations whatsoever that may actually and fairly be payable under or which may actually and reasonably result from the error of any of its representative or the breach of any of its warranties, covenants, agreements made under this Agreement.
The User shall be liable to indemnify Lawyered including but not limited to of all damages, costs, claims, and liabilities that have arisen on account of any action arising out of or incidental to the unlawful act or action being carried by You.
The User shall solely be liable and responsible for any damages, claims, and liabilities in respect of any action arising out of or incidental to the act in violation of the Agreement and the law in force.
Lawyered accepts no liability for any kind of loss, direct or indirect, caused by relying wholly or partially on the functionality of Lawyered’s website or mobile application, as technical difficulties like bugs or glitch are not in the hands of Lawyered.
Here is a draft for a force majeure clause that You can include in the terms and conditions of your website:
FORCE MAJEURE
Lawyered shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions where such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, acts of civil or military authorities, acts of terrorism, natural disasters, pandemics, epidemics, insurrection, riots, disruptions in communication services, or any other similar causes.
In the event of a force majeure event, Lawyered shall notify the affected users of the nature and extent of the force majeure event and the anticipated duration of any delay. Lawyered will use its best efforts to mitigate the effects of the force majeure event and resume performance of its obligations as soon as reasonably possible.
Should the force majeure event continue for an extended period of time beyond thirty (30) days, either party may terminate the agreement by providing written notice to the other party without further liability, except for obligations that accrued prior to the force majeure event.
DISCLAIMERS OF WARRANTIES.
Lawyered does not provide any warranties beyond what is explicitly agreed upon in this agreement or within the scope of work agreed upon with You. Lawyered does not warrant or guarantee a specific outcome of Your query due to the discretionary power of authorities, tribunals, courts. Lawyered will perform the services in accordance with the applicable legal standards and ethical rules governing the legal profession.
Lawyered specifically disclaims all liability for any actions resulting from Your use of the services, API and software. You acknowledge that You may use and access the Services and Software at Your own discretion and risk. You warrant that You shall provide accurate information to Lawyered in order for the Lawyered to provide the best possible legal resolution to You.
Lawyered connects Users with a network of legal professionals across India to provide legal advice. These legal professionals and their representatives are not employees of Lawyered, and Lawyered does not receive any commission or financial benefit whatsoever from the associated lawyer. Lawyered disclaims any fiduciary relationship or other special relationship with legal professionals associated with it and specifically disclaims any liability arising out of the acts or omissions of a legal professional, whether directly or incidentally.
By using the services, You acknowledge and agree that Lawyered is not responsible for the conduct, performance, or quality of the legal advice provided by the associated legal professionals. Lawyered shall not be liable for any loss or damage arising from your reliance on such legal advice or from any interaction or agreement between You and the legal professionals.
TERMINATION
Termination by User: You may terminate your account and stop using our services at any time by giving 30 days written notice and in accordance with the instructions provided on our website. Upon termination, You will no longer have access to your account, and any data associated with your account may be deleted.
Termination by Lawyered: We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to, if You breach the Terms. In the event of such termination, your right to use the services will immediately cease.
Effect of Termination: Upon termination of your account, You will lose access to all services and any data stored within your account. You shall fulfill all outstanding dues owed to us or platform lawyers immediately upon termination. We shall not be liable to You or any third party for any termination of your account or access to the services.
Survival of Terms: All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Notice of Termination: We may provide notice of termination via email or through any other method reasonably designed to inform You of such termination.
Discontinuation of Services: We reserve the right to discontinue the services or any part thereof at any time with or without notice. We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the services.
Refunds and Fees: Any fees paid by You are non-refundable, except as required by law or as expressly stated in our refund policy. Termination of your account does not entitle You to any refunds or compensation for unused services.
Legal Actions: Termination of your account does not waive any legal rights or remedies we may have against You, including the right to seek damages or injunctive relief for any breach of these Terms.
SURVIVAL
Upon the termination, some or all of the service may cease to operate, without prior notice, unless otherwise agreed between the parties. Indemnity clause, warranty clause, disclaimers, limitation of liability, dispute resolution, confidentiality provision stated herein shall survive.
AMENDMENT
Lawyered reserves the right to modify, amend, change, or update any Terms at its sole discretion. It is Your responsibility to review these Terms periodically and ensure ongoing compliance. Continued use of the Lawyered following any amendments or changes to the Terms constitutes Your explicit acceptance of the revised Terms, and You agree to be bound by these updated Terms.