LEX SIGN TERMS AND CONDITION

Please read the following Terms of Use carefully since your usage of this service is subject to your accepting and complying with the following terms and conditions.


These Terms and Conditions (“Terms of Use") govern your use of E-signing drafting and stamping facility (the “Service”) owned by Lex Sign Technologies Private Limited (the "Company"). These Terms of Use include and incorporate the references, policies and guidelines. Company reserves the right to change or revise the Terms of Use at any time by posting any changes or revised Terms of Use on its website. The changed or revised Terms of Use shall be effective from the moment it is posted on the Website. Your use of the Service following the posting any such changes or of a revised Terms of Use shall constitute your acceptance of any such changes or revisions. The Company encourages you to review these Terms of Use whenever you visit the Website to make sure that you understand the terms and conditions governing this website. These Terms of Use do not alter in any way the terms and conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website.

Services and other information displayed on the Platform constitute an "invitation to offer". Your order for purchasing the Services available on the Platform by raising a purchase order shall constitute an “Offer”. The Company reserves the right to accept or reject this Offer, based on several factors as per the discretion of the Company and our confirmation to your order shall constitute the “acceptance of offer”.

For the purpose of these Terms of Use, wherever the context demands, “You” or “User” shall mean any natural or legal person/individual who has agreed to use this Service.

Accessibility

You shall affirm that you are more 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You agree that you have provided true, accurate, current and complete information to the Company in connection with any use or access of the Service.

In case a user is entering into a Contract on behalf of the Organization, the user represents that he is authorized to act on behalf of the Organization.

In the event, the user is accessing the service to digitally sign the documents using his Aadhaar Card, the user should ensure that the User is in physical possession of the Registered Mobile Number, registered as such with the UIDAI. It is to be noted that the possession of the Registered Mobile Number is mandatory in order to get the One Time Password which is required to digitally sign the document.

Service Offered

  • The Platform provides automated software solutions to the Users who desire to create legal agreements or require a detailed vetting or summary of the agreement.
  • The Agreement Library is an automated option to draft the agreement with the help of the templates already provided on the Platform. The drafted agreement shall be available in your dashboard for downloading or e-signature immediately on the payment of the applicable fee; and
  • That Company has developed a technology platform, and built a software application that integrates eSign API as per the eSign API Specifications issued by the Controller Certifying Authorities.
  • The users can use Lex-Sign.com to upload documents in PDF format and apply electronic signature in the modes and means provide on the platform.
  • The users in consideration of the Payment made by them as set out in the pricing page on Lex-Sign.com and subject to the terms and conditions as laid down in the present page, may have access to and use eSign on a non-exclusive, non-assignable and non-transferable basis.
  • That the users agree to be bound by the terms and conditions of the ASP (Application Signature Provider (also referred to as e-NSDL) for the use of the website and eSign facility.

User Account, Passwords etc..

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lex-Sign.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lex-Sign.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. For viewing the public content on the website, you might not require login details, ID or password, in those cases, you would still be bound by these terms and conditions.

Privacy

Privacy is paramount to the Company and hence a separate Privacy Policy has been created n order to explain the finer details about collection, management, processing, securing and storing of the vital private information. The Privacy Policy shall be annexed herewith the Terms of Use. All information provided by the User shall be governed by this aforementioned policy and relevant laws.

Additionally, the user must acknowledge that the Company collects Aadhaar Card number, mobile number, email address of the User which allows the user to utilize Services of Lex Sign.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Lex Sign Technologies Private Limited owns all Intellectual Property Rights of the Service, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Service belonging to the Company without obtaining authorization from Lex Sign Technologies Private Limited.

Notwithstanding the foregoing, it is expressly clarified that you will retain Companyship and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, or any other material which you may upload, transmit or store when making use of our various Services.

Refund & Cancellation Policy

The Company does not entertain any request or demand for refund fees paid towards a subscription or credit recharges for the Services. The fees paid towards the Service shall not be refunded unless such claim arises due the breach in any terms of services by Lex Sign Technologies Private Limited. However, incase of non-delivery of services related to Stamp Duty / Stamp Paper purchase will be refunded in actual value towards non-delivered services.

Monthly Subscriptions

When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time by accessing “My Account” under your profile and opt to downgrade to “Start Plan” which is a free plan with limited access to tool and features. Your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.

Annual Subscriptions

When cancelling or downgrading an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel or downgrade at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

Drive Storage Policy

As drive storage space is allocated basis the selected plan, incase of cancellation or no-renewal of subscribed plan, at the end of the tenure the data stored on Lex-Sign account will be purged and will not be accessible or available for download later. The Company suggests user to download the data and take a backup before the expiry date in order to avoid loss of data of e-signed and other documents.

Payment Policy

  • You, as a User, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Lex- Sign.com to purchase the products using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  • You represent and warrant that if you are utilizing services of lex-sign.com, that you will have the following options of payment:-
    • Payment by UPI / Net Banking/ Debit Card
    • Payment by Credit Card
    • Payment through Payment Gateways
    • Payment through e-wallet
  • You warrant that in case you are making the payment by Credit Card any credit information you supply is true and complete; (ii) charges incurred by you will be honoured by your credit card company; and
  • Lex-Sign.com reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Lex-Sign.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • If Lex-Sign.com is not satisfied with the creditability of the User or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / User commitment to pay Transaction Price.
  • All Valid Credit/ Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
  • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.
  • Lex-Sign.com reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.

Service Disclaimer

To the fullest extent permitted by law, we do not warrant or guarantee that use of the Service will be uninterrupted or error-free or that defects in eSign will be corrected.

Further, Lex Sign provides the Service in collaboration with C-DAC and UIDAI, and in case of any failure of the network or connectivity as between the Company, C-DAC and UIDAI in any way, Lex Sign Technologies Private Limited shall in no way be responsible for the same.

Limitations of Service

You may not use the Service for any of the following activities.

  • For any unlawful or illegal activity.
  • In any manner which is inconsistent with the present terms of Service.
  • To infringe the intellectual property of Lex-sign.com or any other third party.
  • For any fraudulent activities.
  • For hacking the website.
  • For inserting any malicious data or services into the system.
  • For transmitting material that is offensive, defamatory or otherwise objectionable.
  • For causing security threats to our systems.
  • For creating user accounts by automated means.
  • For submitting any data of any third party without the consent of such party.

Obligation of User

In addition to being bound by the terms and conditions of the Company as laid down in these Terms and Conditions, the User of the website shall have the following obligations:

  • The user shall solely be responsible and obligated to maintain the necessary computer equipment, mobile phones, and Internet connections, including mobile network connections that may be required to access use and transact the Service.
  • The users shall be obligated to ensure that they have complied with the requirements of the Information Technology Act, 2000 and the provisions of all other applicable statutes.
  • The user should ensure that he has a 12-digit Aadhaar number and for OTP-based authentication, the mobile number, which is registered with Aadhaar Database.

Limited Liability

The user understands and agrees that Lex Sign is only a platform which facilitates signing, s-stamping and as a platform for two or more parties to execute agreements. That the user further acknowledges that the Company is not a party to the document/ agreement between the user’s interest.

Upon signing, only you and the other party/parties are legally required to honour the agreement. You agree that the Company shall not be held liable or responsible to ensure enforceability, or non-performance of obligations by either party under the terms of agreement and breaches by any of the parties.

To the fullest extent permitted by applicable law, in no event shall the Company shall be liable to users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

  • use of the site;
  • errors, mistakes, or inaccuracies of content,
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
  • any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
  • any interruption or cessation of transmission to or from our servers,
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party,
  • any loss of your data or content from the site
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the site, whether based on warranty, contract, or any other legal theory, and whether or not the users are advised of the possibility of such damages, and/or
  • the disclosure of information pursuant to these Terms of Use or Privacy Policy.

There are risks associated with utilizing internet and short messaging system (chat) based information and research dissemination services. Users/subscribers are advised to understand that the services can fail due to failure of hardware, software, and Internet connection. While we ensure that the email/messages are delivered in time to the user/subscribers, the delivery of these email/messages to the customer’s email inbox or message center is the responsibility of the email/messenger’s service provider Network. Email/messages may be delayed and/or not delivered to the user/subscriber’s inbox or chat box on certain days, owing to technical reasons that can only be addressed by the service provider, and Lex Sign Technologies Private Limited or its employees cannot be held responsible for the same.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and/or its associate entities, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the web site/application material or your breach of these Terms and Conditions of Web site/application use.

The Company, in its sole discretion, reserves the right to determine whether the content posted by the User; or any activity in which the User is engaged, is prohibited or not. In case we find any content or activity by you to be inappropriate we will delete such content from the Platform, without providing any notice to you. In addition to it, the Company may terminate your account immediately and you shall be under the liability to indemnify the Company for the losses suffered by it due to your involvement in such activity. The extent of such damages shall be determined directly by the Company. Some example of prohibited content or activity are:

  1. Posting any defamatory language for the Company, other Users or any third-party.
  2. Posting or circulating any content that involves the transmission of virus and bugs through the Platform.
  3. Posting content on the Platform owned by the third – party without their approval.
  4. Posting content that contains nudity, violence or sexual subject matter, including links to adult websites.
  5. Posting any untrue content with the sole intention of misleading other Users.
  6. Posting any advertisements on the Platform or any content to promote one’s own business.
  7. Involvement, directly or indirectly, in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.

The User understands that the list provided under this Clause is not exhaustive and the Company reserves the sole authority to determine what amounts to prohibited content or activity.

Termination

We may restrict your access and block your account at any time due to any action or omission which we deem as inappropriate and unlawful according to our standards.

The User agrees that in event of termination, the User shall be under the obligation to pay for the Services availed by the User prior to such termination, and failure to make payment shall attract legal implications against you, for which you own the complete liability.

Disclaimer

The information and the content available on the Platform is on ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.

11.2. The Company does not warrant that the Services provided through the Platform shall:

  1. Exactly address your concerns, requirements and issues, or
  2. Be precise and/or free from errors.

The Company may from time to time make the Platform unavailable, with or without notification, to the Users for the purpose of carrying out maintenance; repair or upgrades and the Users agree and acknowledge that the Company shall not be liable for any interruptions or loss of services as a result therefrom.

You shall be solely held responsible for all the activities that occur on your account; therefore, you are advised by the Company to never share your sensitive data, i.e. your bank details and account credentials with any third person. We assume no liability whatsoever for any loss or damages incurred to you on account of disclosure of your sensitive data by you.

Deletion of Profile

The Company reserves the right of deleting your profile and blocking your usage of the Platform in instances you are found acting in contravention of Clause 8 relating to the upload of prohibited content or you are involved in any prohibited activity.

Further, the Company may restrict or block your access of the Platform at its sole discretion if your actions or any omission to act leads to the breach of the Terms, either directly or indirectly.

In such cases, you shall be under the liability to indemnify the Company for the losses suffered by it. You agree and acknowledge that the extent of such loss and damages shall be determined by the Company in its own discretion and the decision of the Company pertaining to the same shall be final and binding.

Links to third parties

The Platform may contain third-party information and links to other websites over which the User acknowledges that we have no control and we do not guarantee for the nature, content and availability of these third-party Web Pages. We take no responsibility for the content, reliability and security of the linked websites and we do not endorse the content or any products or services of any kind available on such sites.

No liablity and no warranty

The information contained on the Platform is for general information purposes only and is provided on “as is” basis. While we endeavor to keep the information up to date and correct, the Company makes no representation or warranty of any kind, expressed or implied, as to the operation of the Platform, including but not limited to, any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. Any reliance you place on the Platform’s information is therefore strictly at your own risk. In no event, the Company assumes liability for any loss or damage including without limitation, indirect or consequential loss or damage, whatsoever arising out of or in connection with the use of the Platform, omissions or errors (including, without limitation, typographical errors and technical errors) in the information, which is subject to change without notice.

The Company does not confirm the accuracy, credibility, authenticity or veracity of any information provided by the Users on the Platform and does not promote or endorse the same. Any loss, liability, expenses, damages or judgments incurred by a User as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the Users and the Company shall not bear any liability or responsibility for the same. The User shall solely and exclusively be responsible for verifying the information, data and content of other Users prior to any engagement by conducting the requisite due diligence and background checks for the same.

The Company shall not be liable, whether in contract or in tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Platform iii) loss, theft, non-delivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Platform v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform vi) inaccuracies or omission in content v) any other event beyond the control of the Company.

The Platforms’ use and any resultant connection, exchange, communications or transaction does not constitute an advice, counseling, recommendation on part of the Company and any loss, liability, expenses, damages, judgments incurred by any User as a result of the same shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.

The Company takes reasonable measures and precautions for the protection and security of the information provided by the User on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.

The Company may from time to time make the Platform unavailable, with or without notification, to the User for the purpose of carrying out maintenance; repair or upgrades and the Users agree and acknowledge that the Company shall not be liable for any interruptions or loss of services as a result therefrom.

Representations

By registering on the Platform, you (i) represent and warrant that you have the right, authority and capacity to enter into and to fully abide by all of the terms and conditions of the Terms, as far as age, jurisdiction, applicable laws, etc. are concerned and (ii) agree to comply with all applicable laws, statute, ordinances and regulations regarding your use of the Platform and the Services provided through the Platform.

Force Majeure

Lex-Sign.com shall have no liability to you for any interruption or delay in access to the Application irrespective of the cause. Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of lex-sign.com’s obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared), or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall Lex-Sign.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, epidemics, pandemics, lockdowns, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of your information and or data received and or stored or any of our service/s.

Governing Law

The Agreement shall be governed by the Laws of India. The Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this agreement

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Violations of the agreement by other users

In instances where you become aware that any User has been acting in breach of the Terms, you are requested to report us at [email protected]

Legal remedies

The Company reserves the right to seek all remedies available at law and in equity for violations of the Terms by the User.

Contact us

The Users are requested to note that in case they face any trouble regarding the Platform or wish to report a security breach or have an issue that you are unable to resolve or otherwise require any other assistance concerning the Platform or the Terms, you may contact our Grievance Officer, Zubair Jahangir at the below-mentioned details:
E-mail: [email protected]