Terms of use - Zatalyst

Welcome to Zatalyst.com, a premier website facilitating finding of law firms or legal professionals that best suit your requirements. Here at Zatalyst we attempt at bring the reputed law firms and legal professionals to your fingertips. Zatalyst aims at connecting Users with reputed law firms and legal professionals in a specified territory.

This Terms of Use (the “Terms”) along with the Website’s Privacy Policy shall govern your access and use of the Website. All Users are hereby requested to read through and understand these Terms prior to accessing and using the Website. Any User accessing or otherwise using any of the Services offered on the Website shall be deemed to consent to these Terms. Users who do not wish to be bound by these Terms are requested to refrain from accessing the Website or availing any of the Services. By agreeing to and accepting these Terms, you are agreeing to the use and dissemination of certain User information by the Website.

All persons accessing the Website or availing the Services shall be referred to as You, Your or User and www.zatalyst.com shall be referred to as Us, We, Zatalyst or the Website which shall include all of its employees, directors, officers, associates, agents and representatives.

DEFINITIONS
1. “Confidential Information” shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by the other Party) and which belongs to any associates or representatives of either Party (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed businesses, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organisation responsibilities, marketing matters and any policies or procedures, software programs and files, operating manuals, user manuals documentation, source code and any and all information pertaining to either Party’s application or software of any of its associates, subsidiaries or representatives.
2. “Firms” shall refer to such legal firms that have registered themselves on the Website and are acting through a representative appointed by it.
3. “Intellectual Property” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names, internet and world wide web URLS or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
4. “Party” shall refer to either the Website or the User as the context may suggest. The Website and the User may be collectively referred to as the Parties.
5. “Permissible Content” shall mean and include such content that may be posted, published or transmitted on the Website excluding the content specifically restricted under Clause 5.2.
6. “Professionals” shall refer to such individuals having necessary qualifications and who have registered themselves as a legal professional with the Website.
7. “Services” shall mean any and all services offered by the Website including but not limited to facilitating finding and connection with law firms and legal professionals.
8. “Service Area” shall mean the specific legal domain under which the User requires certain Services from the Firm/Professional, including but not limited to Labour Laws, Intellectual Property, Criminal Laws and Drafting.
9. “Terms” shall mean this Terms of Use along with the Privacy Policy and any other agreement entered into with the Website.
10. “User” shall mean any person accessing the Website or availing the Services.
11. “User Account” shall mean such account created by the User for the purposes of availing the Website’s Services.
12. “Website” shall mean Zatalyst’s website, namely, www.zatalyst.com

SERVICES
1. Here at Zatalyst, we facilitate finding a reputed and trustworthy lawyer to solve all your legal troubles. The Website aims at helping Users find the right legal firm or practitioner based on the requirements of the User.
2. The Website showcases various reputed law firms and legal professionals servicing multiple legal domains (“Service Area”). Users shall select the required Service Area and the Website shall provide a comprehensive list of certain reputed and trust worthy Firms and Professionals having expertise in the required Service Area.
3. The Website selects Firms and Professionals based on several criteria including a quality matrix decided solely by the Website. The Website shall have sole discretion in determining which Firms and Professionals to include and display in the results. The Website also reserves sole discretion in listing and selecting the Firms and Professionals present on the Website. The Website may also move on to a system of ranking the Firms and Professionals on the basis of User reviews and ratings.
4. The Website shall, as is reasonable, attempt to ensure that all of the Firms and Professionals registered with it are verified. However, this shall not place any liability on the Website in the event that a Firm/Professional defaults or violates the terms of the agreement entered into between the User and the Firm/Professional.
5. In the event Users have any grievances with respect to the listing of Firms and Professionals, such Users may communicate such grievance to Zatalyst by writing to [email protected].
6. Users may avail the Services offered by the Website only on registration and account creation. While the Website may not charge for registration and account creation, certain Services shall be rendered only on the receipt of certain payment.
7. Once the User informs the Website of his/her Service Area, the Website shall provide a list of Firms and Professionals that best suits the User’s requirement. A brief description of each Firm and Professional may also be provided so that Users may make an informed decision.
8. The Website also offers Users with the option of comparing various Firms and Professionals prior to settling on any one. The comparison is automated based on the matrix decided by the Website and the reviews provided by Clients and the Websie shall not be held liable for low ratings or rankings of any firm or professional.
9. Upon selecting a Firm or Professional, Users may view the Quotes proposed to be charged by the chosen Firm/Professional for the particular requirement or Service Area. However, not all Firms and Professionals will provide the Quotes on the Website.
10. Users may view the Quotes only if they are made available for public viewing by the Firm/Professional. In the event that the Quotes are unavailable, the User may chat with a representative of the Firm or with a Professional to get further details.
11. Not all Firms and Professionals may be available for live chat on the Website. Hence the Website shall provide Users with the contact details of any Firm or Professional they wish to contact.
12. Users hereby agree and acknowledge that the Website is merely a facilitator that allows Users to find Firms and Professionals to meet any legal requirements that they may have and that the Website shall not be responsible or liable for any claims or disputes arising out of the interactions between the Firm/Professional.
13. Users shall be accessing the Website and contacting the Firms/Professionals at their sole option and risk. The Website merely provides Users with a listing of Firms/Professionals in the relevant Service Area and Territory and such listing shall not be, under any circumstances, be construed as advertising or soliciting.
14. Users also stand a chance of earning points for referring other individuals seeking legal assistance to the Website (“Referral Points”). Such Referral Points may be redeemed in favour of cash backs and coupons which they may use to avail a discount on any Services rendered in his/her favour.
15. Once the User selects a Firm/Professional and the Services required by the User are commenced by the Firm/Professional, the same shall be deemed to create an Attorney-Client relation between the User and the Firm/Professional.

GENERAL TERMS OF USE
1. The Services offered by the Website are intended for the User’s sole and non-commercial use.
2. Users shall ensure that they are in compliance with all applicable laws while availing any of the Services offered by the Website.
3. Users are requested to provide true, accurate and complete information at the time of registration and account creation.
4. The Website reserves the right to deny User’s access to the Website as well as to the Services for any or no reason.
5. All of the Services offered on the Website are only for individuals having attained the age of 18 years or more.
6. The Website offers its Services only within the territory of India and any User accessing the Website or attempting to avail the Services outside of India shall be doing so at their sole option and risk.

REGISTRATION
1. The Services are available only to such individuals who have registered themselves and created a unique User Account on the Website.
2. Users may register and create an User Account for themselves by providing true, accurate and complete information on the “Sign Up” page.
3. Users will be required to select a unique user name and strong password for their respective account. Users shall be solely responsible for maintaining the security and safety of their account.
4. User Accounts may be accessed and used only by a single User and the Website hereby expressly restricts the sharing of any User Account or account details with any third party.
5. Users are further restricted from accessing or attempting to access the accounts of any other User.
6. Although the Website does not currently charge for registration and account creation, Users wishing to avail further Services including but not limited to posting questions and creating threads shall be required to upgrade their respective basic account to a paid account.
7. Users shall be solely responsible for all actions taken and all content posted, transmitted, distributed or published from their respective accounts (“User Content”).
8. The Website may and the User hereby grants in favour of the Website a right to monitor User Accounts to check compliance with these Terms. However, the Website shall be under no obligation to monitor User Accounts.

RESTRICTIONS ON USE
1. Users are hereby expressly restricted from engaging in or performing in any manner, any of the following:
  1. Use the Website or the Services in any manner inconsistent with these Terms or with any applicable law.
  2. Further distribute, sell or offer for sale any of the Services of the Website.
  3. Removing, altering or otherwise attempting to alter any of the content, information, functions or features of the Website and the Services.
  4. Advertising or marketing any product or service anywhere on the Website, unless with the express written consent of the Website.
  5. Contacting or attempting to contact any other User.
  6. Posting any information, material or content in any place other than such space specifically allotted for the same.
  7. Altering, removing or obscuring any of the trademarks, trade names, logos, graphics, design or other intellectual or proprietary content from the Website.
  8. Restricts or attempts to restrict access to the Website.
2. Users are further restricted from posting, publishing, transmitting, distributing, making public any of the following:
  1. Any content that may be considered as vulgar, pornographic, obscene, abusive, defamatory, hateful, threatening, unlawful, harmful, inciting or otherwise hurtful.
  2. Any content, programs or software containing any viruses, Trojans, malware, time bombs, logic bombs, key stoke loggers, malware or other malicious or harmful content.
  3. Any content over which they have not secured necessary rights, consents and titles.
  4. Any content that infringes upon the intellectual or proprietary rights of any third party.
  5. Any content that discloses or makes public the personal or Confidential Information of any third party or other User.
  6. Any information or content known to be false, inaccurate, fraudulent or misleading.

CONTENT
1. User Content
  1. Users may post, transmit, make public, distribute or publish any Permitted Content in such areas specifically designated by the Website for the same.
  2. Users posting any content shall ensure that they have obtained all necessary rights and consents over the same.
  3. The Website reserves the right to remove any User Content for any or no reason at all.
  4. The Website may monitor and record certain User Content transmitted, made public or otherwise distributed by means of the Website. However, the Website shall be under no obligation to monitor any content transmitted, made public or otherwise distributed and neither shall the Website be liable for any User Content.
  5. The Website shall have no duty of confidentiality over any information or content posted, published, distributed in any public area of the Website.
  6. All User Content shall be stored on the Website’s server until the expiry or termination of these Terms. On the expiry or termination of these Terms the Website may, in its sole discretion, remove or destroy all such information and content.
  7. Users shall be solely responsible for any and all loss, damages, claims or suits arising as a result of posting, transmitting, publishing, distributing or making public any information or content via their respective User Account.
2. Website Content
  1. The Website shall have a vast variety of information and content displayed on it. The Website makes no representations or warranties with regard to the accuracy and completeness of any such information or content and Users may rely on the same at their sole risk.
  2. The Website merely provides a listing of various Firms and Professionals that best suit the User’s requirements. Hence, most of the content and information displayed shall be that obtained from the respective Firm/Professional.
  3. Any content posted by any User, Firm or Professional in any forum present on the Website or as a response to any question framed by a User shall be such User’s, Firm’s or Professional’s content and the Website bears no responsibility for the same.
  4. In no event shall any of the ideas, information or other content posted anywhere on the Website, either by the User or by and Firm or Professional be construed as that which is endorsed by the Website.
  5. The Website cannot guarantee the fitness of any of the Firms/Professionals. Users are advised to conduct a research on the respective Firm/Professional prior to engaging with them.

PAYMENTS
1. The Website does not currently charge its Users for registration and account creation. However, certain features and Services shall only be available to Users having upgraded their basic account to a paid account.
2. The Website shall not be involved in the interactions and transactions between the User and the Firm/Professional. All payments, delivery and performance with regard to the Services shall have to be managed by the parties to the transaction.
3. The Website shall not be liable for any non-delivery, non-performance or non-payment with regard to the Services.
4. Users shall be required to make payments to the Firm/Professional in the manner and within such time as specified by the respective Firm/Professional engaged by the User.
5. Users shall also be required to bear any and all taxes associated with the Services rendered.

TERM AND TERMINATION
1. These Terms shall continue on in full force and shall remain binding upon the User for the entirety of the User’s use of the Website or the Services.
2. Either Party may terminate these Terms at any time.
3. The Website reserves the right to terminate or suspend the User Account for any or no reason. No prior notice shall be provided on the termination or suspension of the User Account.
4. On the termination of any User Account, all data and other information associated with that account shall be removed from all of the servers of the Website and the Website shall have no obligation to safeguard or store any such information and content.
5. A User’s termination of their respective account shall not be construed as a termination of the Attorney-Client relation, if any, between the User and the Firm/Professional. Neither shall the same be construed as a waiver of the User’s obligations under these terms.
6. Provisions of these Terms with regard to confidentiality, indemnity, non-compete, intellectual property and relationship of the parties shall survive the termination of these Terms and shall continue to be binding on the Parties.
7. On the expiry or termination of these Terms or on the termination of the User Account, Users shall have no further rights with regard to the Website or its Services.

LINKS AND ADVERTISEMENTS
1. Users are hereby restricted from posting, publishing or making available anywhere on the Website any links or advertisements, unless with the express written consent of the Website.
2. The Website may display various links and advertisements throughout the Website and Users are advised to take necessary precaution while following any such links or advertisements.
3. The Website shall not be liable for any loss, damages or liability arising against the User due to the User following any link or advertisement present on the Website.
4. The Website shall be under no obligation to check the safety and accuracy of any links or advertisements present on the Website.
5. In no event shall the contents of any links or advertisements present on the Website be construed as that supported or endorsed by the Website.

RELATION OF PARTIES
1. The User hereby agrees and accepts that the Website does not provide any legal advice, opinions, recommendations, consultancy or other services but merely provides Users with a listing of Firms/Professionals based on the respective User’s requirements.
2. Nothing contained herein shall be construed as creating between the Parties any employee-employer, principal-agent relation and each Party shall be solely responsible for its actions as well as that of its employees.
3. Once the User has chosen a Firm/Professional for performing the requisite services and once the Firm/Professional has agreed to render the same, there shall be construed as existing between the User and the Firm/Professional an Attorney-Client relation.
4. Under no circumstances shall the relation of the Parties be construed as that between an Attorney and Client.

CONFIDENTIAL INFORMATION
1. Neither the Users nor the Professionals shall use or disclose any of the Confidential Information obtained from the other Party either for its own benefit or for the benefit of any third party.
2. The Website shall not sell or trade any of the User’s Confidential Information. However, the Website may disclose certain User information to it employees, directors, agents, representatives and service providers, including but not limited to any of the Firms or Professionals present on the Website and the User hereby consents to such disclosure.
3. However, neither Party shall have a duty of confidentiality over any information (i) made known to the Parties prior to these Terms, (ii) made public due to no fault of the Parties, (iii) that is already available to the public, (iv) any information required to be disclosed by any applicable law, any court having jurisdiction or on the directions of any governmental authority.
4. The Website may and the User hereby grants in favour of the Website a right to monitor and record any and all information posted, published, distributed or transmitted anywhere on the Website. However, the Website shall be under no obligation to monitor any User information or content.

INTELLECTUAL PROPERTY
1. Zatalyst owns all rights, title and interest over any and all Intellectual Property present anywhere on the Website or the Services, including but not limited to any trademarks, copyrights, designs, patents or other proprietary rights.
2. These Terms does not grant in favour of the User any right, title, or interest over any of the intellectual property of the Website.
3. All of the trademarks, trade names, logos, graphics, icons and other representative marks shall be that belonging to the Website or to any Firm or Professional listed on the Website. Other names and brands may be claimed as the property of others – Google, Google logo are trademarks, or registered trademarks of Google LLC. Novartis, Novartis logo are trademarks, or registered trademarks of Novartis International AG. Samsung, Samsung logo are trademarks, or registered trademarks of Samsung Group. Tata, Tata logo are trademarks, or registered trademarks of Tata Group. Bosch, Bosch logo are trademarks, or registered trademarks of Robert Bosch GmbH.
4. Users shall not use, copy, modify, distribute, make public, disseminate, reverse engineer, disassemble, transmit, sell or offer for sale any of the Intellectual Property over which it has no right, title or license.
5. The Website shall make no claim over any User Content transmitted, made public or otherwise distributed anywhere on the Website. However, by transmitting, making public or otherwise distributing any User Content, the User hereby grants in favour of the Website a worldwide, non-exclusive, royalty free, perpetual, irrevocable right to use, copy, make public, publicly perform or distribute the same.
6. All ideas and suggestions received as feedback is greatly appreciated by the Website, however, the Website requests all Users from sending any ideas or suggestions to the Website so as to avoid any potential misunderstanding over ownership of the same. Any User continuing to send ideas and suggestions hereby grants in favour of the Website a worldwide, non-exclusive, royalty free, perpetual, irrevocable right to use, copy, make public, publicly perform, distribute, sell or offer for sale the same.
7. Users shall ensure that they have secured all necessary rights, title and interest over any and all content or material posted, published, transmitted, made public or otherwise distributed on the Website.
8. The Website respects each User’s Intellectual Property rights, any User suspecting infringement of any of their Intellectual Property may report the same to [email protected].

REPRESENTATIONS AND WARRANTIES
1. THE USER REPRESENTS AND WARRANTS THAT ALL OF THE INFORMATION PROVIDED BY IT IS TRUE, ACCURATE AND COMPLETE IN ALL MANNERS TO THE BEST OF THE USER’S KNOWLEDGE.
2. THE USER FURTHER REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL NECESSARY RIGHTS AND AUTHORITY TO ENTER INTO THESE TERMS AND THAT NO OTHER AGREEMENT ENTERED INTO BY HIM/HER SHALL BE IN CONFLICT WITH THE PROVISIONS CONTAINED HEREIN.
3. USER FURTHER REPRESENTS THAT IT SHALL USE THE SERVICES ONLY FOR THE PURPOSES PERMITTED HEREIN AND IN ACCORDANCE WITH ANY AND ALL APPLICABLE LAWS.
4. THE PARTIES HERETO REPRESENT AND WARRANT TO ONE ANOTHER THAT IT HAS ALL NECESSARY RIGHTS, TITLE AND INTEREST OVER THEIR RESPECTIVE CONTENT AND THAT THE SAME SHALL NOT INFRINGE THE INTELLECTUAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY.
5. THE USER HEREBY AGREES AND ACCEPTS THAT THE WEBSITE DOES NOT PROVIDE ANY LEGAL ADVICE, SERVICES, OPINIONS, RECOMMENDATIONS OR REPRESENTATION AND MERELY PROVIDES A LISTING OF FIRMS AND PROFESSIONALS FROM WHICH THE USER MAY SELECT A FIRM OR PROFESSIONAL BEST SUITING HIS OR HER REQUIREMENTS.
6. THE USERS FURTHER AGREE AND ACCEPT THAT THE WEBSITE SHALL NOT BE A PARTY TO ANY OF THE TRANSACTIONS OR AGREEMENTS ENTERED INTO OR CONTEMPLATED BETWEEN THE USER AND THE FIRM/PROFESSIONAL.
7. THE WEBSITE MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THE ACCURACY, RELIABILITY, COMPATIBILITY, AND TRUTHFULNESS OF ANY CONTENT PRESENT ON THE WEBSITE. NEITHER DOES THE WEBSITE REPRESENT NOR WARRANT THAT THE SERVICES RENDERED SHALL MEET THE REQUIREMENTS OF THE USER.
8. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY THIRD PARTY CONTENT POSTED ANYWHERE ON THE WEBSITE INCLUDING BUT NOT LIMITED TO ANY INFORMATION OR CONTENT POSTED OR PUBLISHED BY ANY FIRM OR PROFESSIONAL.
9. THE WEBSITE HEREBY DISCLAIMS ALL REPRESENTATION AND WARRANTIES WITH REGARD TO THE ABILITY, COMPETENCE, QUALIFICATIONS OR QUALITY OF ANY OF THE FIRMS OR PROFESSIONALS LISTED ON THE WEBSITE.
10. TO THE EXTENT PERMITTED UNDER LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OVER ANY ALL CONTENT, SERVICES, INFORMATION PRESENT ON THE WEBSITE.

INDEMNITY AND LIABILITY
1. The User hereby agrees to indemnify and keep the Website harmless from and against all loss, damages, claims, suits or actions arising due to the User’s actions or omissions while using the Website or the Services.
2. The User shall further indemnify the Website from and against all loss, damages, claims or actions due to the User or any User Content infringing or violating the Intellectual Property or proprietary rights of any third party.
3. Under no circumstances shall the Website, its employees, officers, agents, or representatives be liable for any loss of business, profits, goodwill, income, or other consequential, special, incidental, punitive, exemplary losses or damages regardless of whether the same was known to the Website or not.

NON-COMPETE AND NON-SOLICITATION
1. Both Parties hereto agree and accept that they shall receive confidential or otherwise sensitive information with regard to the other Party during the course of these Terms. The Parties further agree to refrain from using any confidential or sensitive information disclosed by the other Party to provide any Services similar to that offered by the Website.
2. The Parties further agree to refrain from soliciting or attempting to solicit any of the employees or clients of the other Party.

NOTICE
- Any notice to be provided to either Party may be sent via email post to the following email address: [email protected]

AMENDMENTS
1. The Website may, in its discretion, revise, change or remove any and all of the provisions of these Terms. No notice shall be provided prior to making any such changes.
2. The User’s continued use of the Website or the Services after the revision of these Terms shall be construed as the User’s acceptance of the revised Terms.

SEVERABILITY
1. If any portion of these Terms are found to be either unlawful or otherwise unenforceable, then such provision shall be substituted with a provision that most closely reflects the intention of the Website while remaining lawful and enforceable.

WAIVER
1. Any waiver of rights or leniency shown by the Website shall not be construed as a permanent waiver of the rights of the Website and shall not restrict the Website’s right to seek redressal at a later stage.

ENTIRETY
1. This Terms of Use along with the Website’s Privacy Policy and any other Website agreement entered into by the Parties shall constitute the entire understanding and agreement between the Parties and shall prevail over any other agreements or understandings in place between the Parties.

GOVERNING LAW AND JURISDICTION
1. This Terms of Use and any matter arising out of these Terms shall be governed by and in accordance with the laws of India,
2. The Courts of Bangalore shall have exclusive jurisdiction over any claims or disputes arising with regard to these Terms.