Effective Date: 05 May 2024
Website Covered: Businessmitra.com
1. The terms and conditions are construed as an agreement between the users and Businessmitra Trademarks (hereinafter referred to as "Owner") for the services provided through the website and information contained on the website www.businessmitra.com. The term user refers to visitors, clients, customers, vendors, associates of Businessmitra.com including any person accessing the website including manpower and staff of Businessmitra.com and its associates, affiliates and partners of the website www.businessmitra.com and third party websites and its owners. The pronoun “he”, “his”, “him”, “it”, “its”, “they”, “their”, “them” etc used for the term “the user” shall mean all the natural persons, legal persons, men, women, Companies, Employees, associates, affiliates, vendors, clients, customers, users, visitors including any person accessing the website.
2. Whereas the user accessing and browsing the website either through the URL of the website or through the links or hyperlinks anywhere else automatically accepts the terms and conditions, terms of services, privacy policies, terms of refund and cancellation and all other terms contained herein and legally bound by the terms and conditions, terms of services, privacy policies, terms of refund and cancellation and all other terms contained herein.
Modification & Amendment
3. Businessmitra Trademarks reserves the right to change, modify, alter and amend the provisions of the terms of services, Terms and conditions, Privacy policies, refund and cancellation policies and all other terms and conditions anytime without prior notice of the user and the user agrees, accepts and acknowledges that he has read, understood and bound by the amended, modified and altered terms of services, Terms and conditions, Privacy policies, refund and cancellation policies and all other terms and conditions.
4. The Website is an online platform connecting the clients and professionals including professional firms, CA firms, Law firms and business consulting firms for various professional, legal and business consulting services where the user places its requirement on the website and the Solution and services are provided by the professionals including professional firms, CA firms, Law firms and business consulting firms. Businessmitra Trademarks through its associated consultants, professionals, Lawyers, Chartered accountants and company secretaries also provides various professional services, legal services and all the consulting services on its own and reserves the right to refuse to provide services on the Website to anyone at its sole discretion at any time.
Eligibility of user and license to use
5. The website is meant for all class of users who is major and has capacity to contract and the website will not be liable for any misrepresentation of capacity to contract by the user.
6. Subject to terms of services, Terms and conditions, Privacy policies, refund and cancellation policies and all other terms and conditions, Businessmitra Trademarks provide the user a non-exclusive, limited, non-transferable and revocable license to use the information and contents of the website solely in connection of the services provided by the website and the user is not authorized to use the information and contents of the website for any other purposes.
7. The user agrees to not to collect, copy, download and use any information, content, design, marks, software, source code including contact information of other users from the Website.
8. Any unauthorized use by the user shall automatically terminate the permission or license granted to the user by the Website and the user agrees that he shall not bypass any measures used by the Owner to prevent or restrict access of the user to the Website.
Responsibilities of the user and acceptable usage.
9. The users may be required to register with us through their email ID or user ID along with password and personal information including name, age, occupation and various other information and the user is responsible for the accuracy of the information which enables the users for accessing more information of the website along with user profile, status of services and orders and various other information.
10. The user is responsible to protect, secure and maintain the confidentiality of his Email Id and password along with various other personal information associated with any account which is used by the user to access the website and hence the user is responsible for all activities that occur under the user’s account.
11. Access or attempt to access any of the information, resources or contents of the website by any unethical, automated or unconventional means shall be illegal and the user agrees to access the information, resources or contents of the website through the means as provided by us. Any activity of the user that disrupts our process or interfere with our servers and network where our resources are located or connected is strictly prohibited along with complete prohibition on copy, piracy, reproduction, sells or trading the information, resources or contents of the website.
12. The user is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party's use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to block the user from access of our website or Service or any related website for violating any of the prohibited uses.
13. The user is completely and solely responsible for the consequences, losses and damages caused to us and arising out his unauthorized activities which may include criminal and civil liabilities under the laws of India.
14. The website contains open communication resources and tools for the users and we do not verify or pre-screen the contents, posts, comments and reviews of the users and the user agrees that he shall not post, upload and share any illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language and the user shall be liable for the consequences for his acts which violates this provision. The user agrees that he shall not infringe upon any trademark, patent, trade secret, copyright, or other proprietary right of any party in his posts, shares and uploads which will neither contain any type of unauthorized or unsolicited advertising.
15. The user agrees to comply with all applicable laws, statutes and regulations related to the use of the Website and further agrees that he will not transmit any information, data, text, files, links, software, chats, communication or other materials that is abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
16. We may delete any post, reviews, blogs, shares and upload at our sole discretion that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks without any consent of the user and the user waives any claim in such content. We are not responsible for any delay or failure in removing such content.
17. The user agrees that Businessmitra Trademarks has all the rights, title and interest in the website, services provided through the website, the contents, images, texts, information including copyright, Trademark and other intellectual properties along with Business Ideas, Trade secrets and business concepts of the website and the user will not any of the contents, images, texts, information including copyright, Trademark and other intellectual properties along with Business Ideas, Trade secrets and business concepts of the website without consent, authorization, leave and license of Businessmitra Trademarks and shall not infringe upon the intellectual properties and shall not reproduce, distribute or promote similar or deceptively similar names, brands, marks, logo or any other intellectual properties to that of the website. The user agrees that it shall not apply registration of Trademark, copyright, Trade names, URL or any service marks of the website or similar to Businessmitra in any manner whatsoever.
18. The user agrees that each time the users uses the Website in any manner and by agreeing to these Terms, user acknowledges that he is interested in availing and purchasing the selected Services and consent to receive communications via phone or in electronic manner from the Website including e-mail, text messages containing the description of services, schemes offers, surveys by the Website or its affiliates and partners. Communication can also be by posting any notices on the Website. The user agrees that the communications sent to him by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
19. The Website and Services are provided for communication purposes only. The user acknowledges and agree that any information posted on the Website is not intended to be legal advice, professional advice or financial advice and no fiduciary relationship has been created between the user and the Owner. The user further agrees that his purchase of any of the services on the Website is at his own risk. The Owner does not assume responsibility or liability for any advice or other information given on the Website.
20. The user is strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Warranties & Liabilities of the Website
21. The user agrees that he is solely and exclusively responsible for the risks and consequences of the use of this website and Businessmitra Trademarks has no liability, warranty and responsibility express or implied for any losses, damages, error, mistake, fraud or any other discrepancies arising out of the use of the website by the user.
22. The website does not guarantee the correctness of information contained in it and provides no warrantee for suitability of services and neither warranty that the services provided by us shall meet the requirement of the user.
23. The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure, without defect or error free.
24. The Website assumes no responsibility for the accuracy, completeness or usefulness of information, views, opinions or advice in any material contained on the Website. Any information of third parties or advertisers is made available without doing any changes and so the Website cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such Content originated and the Website does not control, and is not responsible for Content available on the Website.
25. There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. Any errors, inaccuracies or omissions may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the user has submitted his order).
26. We don’t have any obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
27. The Website shall not be responsible for any interaction between the user and the other users of the Website and under no circumstances will the Website be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between the user and other users of the Website or between the user and any other third parties. The user waives any or all claims, demands and damages arising out of or in connection with such dispute.
28. The user agrees and understand that while we have made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any of the information provided by the user cannot be hacked by any unauthorised third parties. Further the user specifically agrees that the Website shall not be responsible for unauthorized access to or alteration of his transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.
30. The user specifically agrees that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights and also agrees that the Website is not responsible for any content sent using and/or included in the Website by any third party.
31. You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
32. In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the Website or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages. If, despite the limitation above, the Company is found liable for any loss or damage which arises out of or in any way connected with the use of the Website and/ or provision of Services, then the liability of the Company will in no event exceed, 50% (Fifty percent) of the amount you paid to the Company in connection with such transaction(s) on this Website.
33. You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site's activities. If you are dissatisfied with the Website, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
34. You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defense, if the Owner wishes.
35. This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
36. The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
Term, Termination & Suspension
37. The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Limitation Of Liability
39. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.Businessmitra Trademarks.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
40. All communications made or notices given pursuant to these Terms of Service shall be in the English language.
Jurisdiction, Venue & Governing Law
41. Through the use of the Website or Services, the user agrees that the laws of the India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between the user and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Delhi, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. The user hereby waives the right to any objection of venue, including assertion of the doctrine of forum non-convenience or similar doctrine.
42. This website is controlled by Businessmitra Trademarks from our offices located in the state of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India by accessing our website, the user agrees that the statutes and laws of Delhi, India without regard to the conflict of laws and the United Nations Convention on the International Supply of services, will apply to all matters relating to the use of this website and the purchase of any services through this site.
43. Furthermore, any action to enforce this User Agreement shall be brought in the state courts located in Delhi, India. The user hereby agrees to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
44. If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
45. In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only
46. Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE
47. No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
48. Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email Us at the following address:firstname.lastname@example.org.
Sale of Goods/Services
49. The Owner may supply services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any service or information and the user acknowledge and agree that purchasing such services or products at the user’s own risk. If the user is unhappy with a service being sold on Our Website, he may request a refund.
Payment & Fees
50. When the user initiates request for paid Services on this website or purchase any product or service on this website, he agrees to pay us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to you during the registration of order and/or confirmation process. The final amount required for payment will be shown to the user immediately prior to payment. Payment for any on-going Services is billed automatically until the user notifies us that the user would like to terminate his access to the Services.
51. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
Cancellation and Refund
52. Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by Businessmitra Trademarks.
53. The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
Change to Refund & Cancellation Policy
54. At Businessmitra Trademarks, we strive for our client’s satisfaction and assurance of best quality services and support. We constantly improve and strive to deliver the best IPR Services, accounting, financial or secretarial services through the internet. However, in case the user is not satisfied with our services, the user may contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future orders.
55. When the user makes a payment against the purchase of any services the amount is credited to the user’s Businessmitra account and we start working on the service within two working days. It is understood by the user that the services are legal and secretarial in nature thus we earn professional fees on all the works we do at different rates along with payment of Government fee, client’s portal access, Consultancy, advisory, manpower to help and support at different times depending on the completion of various milestones (e.g. payment of Govt fees, providing client portal access, assigning relationship manager, obtaining DIN, Filing of forms, etc.,). Refund cannot be provided for earned fee because resources and man hours spent on delivering the service are non-returnable in nature. Further, we can't refund or credit any money paid to government entities, such as filing of Govt fees or taxes, or to other third parties with a role in processing your order. Under any circumstance, Businessmitra Trademarks shall be liable to refund only upto the fee paid by the client.
Procedure for Requesting Refund
56. Refund request can be initiated by writing a mail with details and reasons at email@example.com within two working days of purchase of service. A refund request after two days of purchase will not be accepted and only credit will be provided for next services or change of services. We will complete processing your refund request within 4 to 5 weeks of receiving all the information required for processing refund like reason for refund, bank details for processing request, etc.
Change of Service
57. If the user wants to change the service he ordered for a different one, the user must request this change of service within 2 days of purchase. The purchase price of the original service, less any earned fee and money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing the user’s order, will be credited to the user’s Businessmitra account and the user can use the balance credit for any other Businessmitra services.
58. We have a standard pricing policy wherein fees are standard and optimized and hence the user may have to pay additional amount for change of packages, change of services, change in Government fee or any other fee and penalty or any other fee incurred in documentation and performance of services due to re-submission, rejection and various other contingencies and objections. Businessmitra Trademarks is not responsible or liable for any other cost incurred by the client related to the completion of the service.
Factors Outside our Control
59. We cannot guarantee the results or outcome of any particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of Businessmitra Trademarks service. In some cases, a government backlog or problems with the government platforms (e.g. Trademark portal, MCA website, Income Tax website, FSSAI website) can lead to long delays before your process is complete. Similarly, Businessmitra Trademarks does not guarantee the results or outcomes of the services rendered by our Associates or third parties, who are not employed by Businessmitra Trademarks. Problems like these are beyond our control and are not covered by this guarantee or eligible for refund. Hence, delay in processing of your file by the Government cannot be a reason for refund.
unless otherwise expressed, www.Businessmitra Trademarks.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
60. Since the services are legal and professional in nature and we're incurring costs on manpower, technology resources and best efforts to the client’s service or document preparation and dedicating our valuable time, our responsibilities are our best efforts in an appropriate manner and not changes to the client’s situation or the state of mind. In case the user requires us to hold the processing of a service and request as such within two working days of purchase of service, we will hold the fee paid in the client’s account until the user is ready to commence the service or any other service.
61. Before processing any refund, we reserve the right to make best efforts to complete the service. In case, the user is not satisfied with the service, a cancellation fee of 15% of the order value + earned fee + fee paid to government would be deducted from the order value upon cancellation. In case of change of service, the cancellation fee would not be applicable.
62. Unless otherwise expressed, www.Businessmitra Trademarks.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
63. Businessmitra Trademarks shall not be considered in breach of its policy or default under any terms of service, and shall not be liable to the Client for any cessation, interruption, or delay in the performance of its obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event").
64. If the user has any questions or comments about these our Terms of Service as outlined above, the user can contact us at:
M/S. Businessmitra Trademarks,
A-59, Harit Vihar, Sant Nagar, Delhi-110084