TERMS OF USE

Updated on June 8, 2020

HIMMAT is an independent organization operating in India which provides awareness to college-going survivors of sexual harassment/assault/rape. It also equips and empowers them to tackle institutional proceedings through their free legal consultancy services. These terms and conditions guide the general terms of use for the website. They cover the different responsibilities, duties and obligations of each party for accessing the platform. By accessing this website and availing our services you agree to have read, understood and be governed by these terms of use.

TERMS OF USE

1. Scope

I.  This website (Website), and access to free legal consultancy via email communication is made available by the Service Provider (HIMMAT, ‘we’, ‘us’, ‘our’) to you (You or User)  and are subject to these terms of use (ToU) and the Privacy Policy(PP) published on the Website. Provided that in the event of a conflict between a provision of the ToU (as amended from time to time) and any provision contained in any specific written agreement that HIMMAT has entered into with You (Specific Agreement), the provision contained in the Specific Agreement shall override the provision of these ToU to the extent of such conflict as between HIMMAT and You.

The Privacy Policy (PP) published on the Website and as updated from time to time are incorporated by reference into these ToU.

II.  A request for free legal consultancy can only be made through mailing of the downloadable form from the website as instructed. An acknowledgement receipt of your request marks our acceptance of the same and you can expect to be provided with an answer to your query within two weeks’ time or more depending on the availability of consultants. Any violation of these ToU by the User may lead to HIMMAT suspending, aborting or limiting the legal consultancy services to the parties in question.

The User is solely and completely responsible for understanding and complying with any and all laws, rules and regulations of India that may be applicable to in connection with the User’s use of the Website, the Services we offer.

III. Any advice rendered by any lawyer/activist/practitioner/expert (“Consultants”) as a response to your request for legal consultancy does not purport to constitute the expression of any legal opinion or view on any provision of any law by HIMMAT.

IV. Any advice, answer or any other communication (written or otherwise) of any nature provided by HIMMAT or our Consultants to the User (HIMMAT communication) is intended to be relied upon only by the User in relation to which HIMMAT communication is issued and only in connection with the matters to which the  HIMMAT communication relates and should not be used, quoted or referred to in any document or for any purpose other than as explicitly mentioned in such HIMMAT Communication.

V. HIMMAT does not have any control over the eventual decision of an ICC or any such administrative body which is constituted to decide over your claim (Body) and any advice rendered or course of action suggested does not in any way encourage to override/contradict/ not comply with the decision of such a Body. HIMMAT cannot be held liable in the event that the advice rendered does not result in your preferred result.

 

2. Eligibility, Restrictions and Undertakings

I. By accessing the website and availing our services, the User represents that they are at least 18 years of age. Users who are minors may only use our services by obtaining consent from their parents or legal guardians.

II. The User undertakes that the User has been allowed access the free legal consultancy services subject to undertaking NOT to do any of the following under any circumstances [‘NEGATIVE COVENANTS’] -

  1. Provide false, misleading, deceptive or frivolous information regarding a case OR provide false, misleading, deceptive or frivolous evidence, testimony or witness statements purposefully, OR use the services for any unlawful or illegal purpose.

  2. Engage in communication that is abusive, offensive, threatening, obscene, defamatory, casteist, sexist, pornographic, inciting violence, or otherwise victimises or intimidates any individual or group on the basis of religion, gender, sexual orientation, race, caste, ethnicity, age, or disability, other than to the extent that such material constitutes an essential and indispensable part of the claims, pleadings or counter-claims of the User submitted in relation to their case.

  3. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

  4. Abuse, harm, threaten, harass, deceive or coerce any person or entity to act in a specific way by availing our services.

  5. Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Website.

  6. Publish confidential content between you and your consultant intended to malign HIMMAT or the consultant.

III The User acknowledges and agrees that [‘POSITVE COVENANTS’]

  1. The Website and any software owned or developed or used by HIMMAT in relation to free legal consultancy services and all right, title, and interest in such Website and software shall be the sole property of HIMMAT and our licensors, if any.

  2. The User’s access to, the Website and free legal consultancy services, hereunder constitute a limited license from HIMMAT to the User, to use the website and the services made available as contemplated hereunder, and that the User has no other rights or interest in, or claim over the Website, the services, the software or any other intellectual property of HIMMAT whatsoever.

  3. HIMMAT reserves the right to terminate offering their services to a user who violates the ToU or provides false, misleading, deceptive or frivolous information.

  4. The explanations and information provided throughout the website are only general explanations, information and samples. A user of the website will not rely on them as binding legal advice or as recommendations on behalf of HIMMAT.

  5. The User is not aware of any ground to believe that it will derive any mala fide or illegitimate benefit by use of our services or the Website.

  6. The user will be amenable to a one-time request for anonymous feedback or review of our services which will only be published on any of our platforms with their express consent.

  7. The User shall make best endeavours to provide to HIMMAT all information, data, content, messages, graphics, media files, photographs, recordings, and/or in general, whatever type of material as is sought by HIMMAT’s team of consultants in relation to the survivor’s case, to the extent the same is available with the User in order to expedite the consultancy process.

  8. HIMMAT shall not be responsible for any malfunctions, errors, crashes or other adverse events that is solely attributable to the User’s use of the Website.

  9. You as the user may discontinue use and request to cancel your access to our services at any time by contacting us on our official email id. 

  10. All communications and evidence related to the case, answering of queries, drafting assistance, general tips and any other advice rendered by HIMMAT or its team, will remain confidential in accordance with the Privacy Policy and the Non-Disclosure Policy as adopted by HIMMAT.

  11. HIMMAT may change, add or remove any of the services or features available on the website or may discontinue its free legal consultancy services temporarily, at any time and replace it with newer/improved versions. However, HIMMAT will not discontinue any ongoing service for which a User has already provided requisite information.


3. Indemnification

By accessing our website and/or using our services you agree to indemnify and hold HIMMAT, its members and employees harmless from any demands, loss, liability, claims or expenses (including reasonable legal fees), made against us by any third party due to, or arising out of, or in connection with your use of the website or the services offered by it or by any violation of the ToU .

4. Ownership of Intellectual Property, Copyrights and Logo

The Website and all materials and documents therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of HIMMAT. Except as explicitly provided here, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree to not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof without prior consent. Any deliberate violation of these terms can result in legal action taken against you.

5. Limitation of Liabilities and Disclaimer of Warranties

I. To the maximum extent permitted by applicable law, in no event shall HIMMAT, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, (even if we have been advised of the possibility of these damages) arising out of or relating to your access to/ use of/ inability to use, our website and services.

II. To the maximum extent permitted by applicable law, HIMMAT assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

III. Your use of the website and our services which is provided on an “as is” and “as available” basis is at your sole risk. We and our licensors expressly disclaim all warranties of any kind, whether express or implied. We do not guarantee the accuracy, completeness, justness, fairness, neutrality, validity or usefulness of our services or statements made by any of our consultants, any other service or content provided by HIMMAT. You rely on our service of free legal consultancy and other service or content of HIMMAT at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. 

6. Dispute Resolution

These ToU, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or in relation to our free legal consultancy services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of India.

Any dispute arising under these ToU shall be at first instance referred to mediation through the online dispute resolution service offered by SAMA. Only in the event that a settlement cannot be reached, will the parties refer the dispute to the exclusive jurisdiction of the courts of Calcutta having jurisdiction.

7. Severability, Waiver and Assignment

If any part of these ToU is held invalid or unenforceable, that part will be construed to reflect the original intent behind it, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these ToU or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The User may not assign their rights under these ToU to any other party without HIMMAT ’s express written consent

8. Right to change and modify Terms

HIMMAT reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review it periodically. When we change the Terms in a material manner, we will notify it on our website in order to make you aware of the changes. Your continued use of the Website or our free legal consultancy service after any such change constitutes your acceptance of the new Terms.

9. Contact Us

If you have any queries with respect to these terms and conditions you can contact us at himmat@safecollegespace.com.


If you do not agree to any of these terms or any future version of the Terms, you are requested to immediately leave this website, application or service, and avoid or discontinue all use of our free legal consultancy services.

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