1.GENERAL

a.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.

b.This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of corporatelawjournal.org

c.The domain name corporatelawjournal.org (“Website“), is owned and operated by Corporate Law Journal is an online biannual law journal, having its registered office address at 171, Roopawato Ka Bass, Soorsagar, Jodhpur, Rajasthan, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, managing editors, administrative team, agents and their successors and assigns.

d.For the purpose of this Privacy Policy (“Policy”), wherever the context so requires,

i. The term ‘You’ &‘Candidate’ 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;

ii. The terms ‘We’, ‘Us’& ‘Our’ shall mean the Website and/or the Company, as the context so requires.

iii. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the Candidate and the CLJ individually and collectively, as the context so requires.

e. The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

f. The use of the Website by the Candidate is solely governed by this Policy as well as the Terms of Use of the Website (“Terms”, available on the Website), and any modifications or amendments made thereto by the CLJ 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 Candidate’s unequivocal acceptance of this Policy and the aforementioned Terms, and the Candidate expressly agrees to be bound by the same. The Candidate expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other.

g. The Candidate unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the Candidate and the Corporate Law Journal, and that the Candidate 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 Candidate acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Candidate, and that the Candidate’s act of visiting any part of the Website constitutes the Candidate’s full and final acceptance of the Policy and the aforementioned Terms.

h. The Parties expressly agree that the Corporate Law Journal retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the Candidate, and the Candidate expressly agrees that any such amendments or modifications shall come into effect immediately. The Candidate has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the Candidate continues to use the Website following such a change, the Candidate will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the Candidate 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.

 

2. COLLECTION OF PERSONAL AND OTHER INFORMATION

a. The Candidate expressly agrees and acknowledges that the Corporate Law Journal collects and stores the Candidate’s personal information, which is provided by the Candidate from time to time on the Website, including but not limited to the Candidate’s Candidate name, passwords, email address, name, address, age, date of birth, sex, nationality, browsing history, personal portfolio, etc., as well as any images or other information uploaded/published by the Candidate on the Website. The Candidate is aware that this information will be used by the Corporate Law Journal/Website to provide services and features targeted at the Candidate, that are most likely to meet the Candidate’s needs, and also to customize and improve the Website to make its Candidates’ experiences safer and easier.

b.The Candidate is aware that the Corporate Law Journal/Website may automatically track certain information about the Candidate based upon the Candidate’s IP address and the Candidate’s behaviour on the Website and the Candidate expressly consents to the same. The Candidate is aware that this information is used to do internal research on Candidate demographics, interests, and behaviour, to enable the Corporate Law Journal/Website to better understand, and cater to the interests of its Candidates. The Candidate is expressly made aware that such information may include the URL that the Candidate visited prior to accessing the Website, the URL which the Candidate subsequently visits (whether or not these URLs form a part of the Website), the Candidate’s computer & web browser information, the Candidate’s IP address, etc.

c. If the Candidate chooses to acquire services from the Website, the Candidate consents to allowing the Corporate Law Journal/Website to collect information about the Candidate’s interest and need.

d. If the Candidate chooses to post messages / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the Candidate is aware that any and all such information provided / uploaded will be collected and stored by the Corporate Law Journal indefinitely, and that such retained information may be used to resolve disputes, provide beneficiary 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 Corporate Law Journal/Website as permitted by applicable laws.

e. The Candidate is aware that any and all information pertaining to the Candidate collected by the Corporate Law Journal, whether or not directly provided by the Candidate to the Corporate Law Journal/Website, including but not limited to personal correspondence such as emails or letters, feedback from other Candidates or third parties regarding the Candidate’s activities or postings on the Website, etc., may be collected and complied by the Corporate Law Journal /Website into a file/folder specifically created for / allotted to the Candidate, and the Candidate hereby expressly consents to the same.

f. Nothing contained herein shall be deemed to compel the Website/Corporate Law Journal to store, upload, publish, or display in any manner content / articles / paper / researcher / corporate news / reviews/information /feedback submitted by the Candidate, and the Candidate hereby expressly authorises the Website/Corporate Law Journal to remove from the Website any such content, review, survey, or feedback submitted by the Candidate, without cause or being required to notify the Candidate of the same.

3. COOKIES

a. The Candidate is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given Candidate, including but not limited to a Candidate’s login identification, password, etc. The Candidate is aware that the Website places both permanent and temporary cookies in the Candidate’s computer’s hard drive and web browser, and does hereby expressly consent to the same.

b. The Candidate is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the Candidate is free to decline the Website’s cookies if the Candidate’s browser permits, the Candidate may consequently be unable to use certain features on the Website

c. Additionally, the Candidate is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Corporate Law Journal / The Candidate expressly agrees and acknowledges that the Corporate Law Journal/Website does not control the use of such cookies/other devices by third parties, that the Corporate Law Journal/Website is in no way responsible for the same, and that the Candidate assumes any and all risks in this regard.

 

4. DIVULGING/SHARING OF PERSONAL INFORMATION

a. The Candidate is aware that the Website/Corporate Law Journal may share the Candidate’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.

b. The Candidate is aware that the Website/Corporate Law Journal may disclose personal information if required to do so by law or if the Website/Corporate Law Journal in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Corporate Law Journal may also disclose the Candidate’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 Candidates, or the general public.

c. The Candidate is further aware that the Website/Corporate Law Journal and its affiliates may share some or all of the Candidate’s personal information with other entities should the Corporate Law Journal/Website (or its assets) plan to merge with, or be acquired by such entity, or in the event of re-organization, amalgamation, or restructuring of the Corporate Law Journal. Such entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.

 

5. SECURITY

Transactions on the Website are secure and protected. Any information entered by the Candidate when transacting on the Website is encrypted to protect the Candidate against unintentional disclosure to third parties. The Candidate’s credit and debit card information is not received, stored by or retained by the Corporate Law Journal/ Website in any manner. This information is supplied by the Candidate directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks, institutions, and payment franchisees that it is associated with.

 6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS

The Candidate is aware that the Corporate Law Journal/Website uses third-party advertising companies to serve ads to the Candidates of the Website. The Candidate is aware that these companies may use information relating to the Candidate’s visits to the Website and other websites in order to provide customised advertisements to the Candidate. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the Candidate. The Corporate Law Journal/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the Candidate expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the Candidate.

7. CANDIDATE’S CONSENT

By using the Website and/ or by providing information to the Corporate Law Journal through the Website, the Candidate consents to the collection and use of the information disclosed by the Candidate on the Website in accordance with this Policy, including but not limited to the Candidate’s consent the Corporate Law Journal/Website sharing/divulging the Candidate’s information, as per the terms contained here in above in Section 4 of the Policy.

8. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Gaurav Mohnot

Email Id: gauravmohnot777@gmail.com

171, Soorsagar, Jodhpur -342024,

Rajasthan, India

 

9. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to 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.

a. 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;

b. 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 Corporate Law Journal, 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, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Jodhpur, Rajasthan, India.

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 Jodhpur, Rajasthan, India shall have exclusive jurisdiction over any disputes arising between the Parties.