Preamble
Please read these Terms carefully before using the Services. They set out your rights and obligations and ours, and they limit our liability. By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Disclaimer. If you do not agree, please do not use the Services.
Acceptance of Terms
These Terms of Use (the “Terms”) constitute a legally binding electronic contract between you (the “User” or “you”) and Nyaya Vidhi (the “Platform”, “we”, “us”, or “our”), governing your access to and use of nyayavidhi.in and any related sub-domains, content, applications, newsletters, and services (collectively, the “Services”).
These Terms are an electronic record within the meaning of the Information Technology Act, 2000, and the rules made thereunder, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. They are generated by a computer system and do not require any physical or digital signature. Your continued use of the Services constitutes your unconditional acceptance of these Terms, our Privacy Policy, and our Disclaimer, each of which is incorporated by reference. If you do not agree, please discontinue use of the Services immediately.
Eligibility & Capacity
By using the Services, you represent and warrant that you are competent to contract within the meaning of Section 11 of the Indian Contract Act, 1872, that is, you:
- have attained the age of eighteen (18) years;
- are of sound mind; and
- are not disqualified from contracting by any law to which you are subject.
If you are accessing the Services on behalf of an entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” shall refer to that entity. Persons who are minors or who are otherwise legally incompetent to enter into contracts are not permitted to use the Services without the involvement of a lawful guardian.
Nature of the Services
Nyaya Vidhi is an educational publication on Indian law. The Services include, among other things, statute explainers, plain-language summaries, “Know Your Rights” cards, learning paths, curated case studies, and a periodic newsletter. The Services are intended to improve general public understanding of the law.
The Platform is not a law firm; it does not provide legal services, does not offer legal representation, does not draft legal instruments for clients, and does not solicit legal work within the meaning of the Bar Council of India Rules. For any fact-specific legal matter, you must consult a duly enrolled advocate. Please refer to our Disclaimer for further detail.
Licence to Use
Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable licence to access and use the Services for your personal, non-commercial, educational purposes.
All rights not expressly granted to you in these Terms are reserved by us. No licence is granted to you by implication, estoppel, or otherwise. You shall not acquire any ownership interest in the Services or in any content made available through the Services by virtue of these Terms.
Intellectual Property
All right, title, and interest in and to the Services — including all original commentary, design, source code, illustrations, curation, learning paths, branding, logos, the “Nyaya Vidhi” name, and the underlying database — are owned by us or our licensors and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, the Designs Act, 2000, applicable international conventions, and other intellectual-property laws.
The bare text of statutes, rules, regulations, notifications, and judgments of Indian courts is in the public domain by virtue of Section 52(1)(q) of the Copyright Act, 1957. Our original commentary, structure, classification, and presentation of such public-domain material is, however, a copyrightable compilation and an original literary work and is protected accordingly.
You may make a single copy of any page for your personal, non-commercial reference. Any other reproduction, redistribution, republication, scraping, framing, or commercial exploitation of any portion of the Services — in any medium, in whole or in part — without our prior written permission is strictly prohibited and may attract civil and criminal action under applicable law.
Acceptable Use & Prohibited Conduct
You agree to use the Services in good faith and in compliance with all applicable laws, including the IT Act, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
You shall not, and shall not permit any third party to:
- host, display, upload, modify, publish, transmit, store, update, or share any information that is unlawful, defamatory, obscene, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- impersonate any person, misrepresent your affiliation with any person or entity, or falsely state or otherwise misrepresent yourself;
- use the Services to threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or cause incitement to the commission of any cognisable offence;
- access or attempt to access the Services by any means other than the interface provided, including through automated means, bots, scrapers, or crawlers, except for crawlers that respect our
robots.txt; - introduce viruses, worms, malware, ransomware, time-bombs, Trojan horses, or any other malicious code; attempt to gain unauthorised access to any portion of the Services, related systems, networks, or any data; or interfere with or disrupt the integrity or performance of the Services;
- reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of any part of the Services;
- infringe any patent, trademark, copyright, or other proprietary right of any party;
- scrape or systematically collect data from the Services to build a competing product, train a machine-learning model, or for any commercial purpose, without our prior written consent;
- transmit any content that contains software viruses or any other computer code, files, or programmes designed to interrupt, destroy, or limit the functionality of any computer resource; or
- violate any applicable law, regulation, or judicial or quasi-judicial order.
Violation of this Section may result in immediate termination of your access to the Services, removal of offending content, and referral to law-enforcement authorities, in addition to any other legal remedies available to us.
User Submissions & Feedback
If you submit any feedback, suggestions, corrections, ideas, or other communication to us (collectively, “Submissions”), you grant us a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in any media. You represent and warrant that you own or otherwise control all rights to your Submissions and that the Submissions do not violate the rights of any third party.
We are not obliged to act on any Submission, to attribute any Submission to you, or to keep any Submission confidential.
Intermediary Status & Safe Harbour
To the extent the Platform hosts third-party content or User-submitted content, it functions as an “intermediary” as defined under Section 2(1)(w) of the IT Act and is entitled to the safe-harbour protection under Section 79 of the IT Act, read with the Intermediary Rules, 2021.
We exercise due diligence in publishing the rules and regulations, privacy policy, and user agreement; in informing users of the categories of content prohibited under Rule 3(1)(b); and in establishing a grievance-redress mechanism. We are not, and shall not be deemed to be, the originator, sponsor, or endorser of any third-party content unless expressly indicated.
Third-Party Links & Resources
The Services may contain links to third-party websites, statutes hosted on Government portals, judgments hosted by various courts, and external resources. Such links are provided solely for the convenience of Users and do not constitute our endorsement of, or our responsibility for, the third-party content. Your use of any third-party resource is at your own risk and is subject to the terms and policies of that third party.
Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express, implied, or statutory, including without limitation:
- warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or currency of content;
- warranties that the Services will be uninterrupted, secure, error-free, or free from viruses or other harmful components; and
- warranties arising from course of dealing or course of performance.
You acknowledge that you assume sole responsibility for any decisions you take based on information obtained through the Services and that you should obtain independent professional advice before acting on such information.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Nyaya Vidhi, its founders, contributors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Services.
Without limiting the foregoing, our aggregate liability to you for all claims arising out of or in connection with the Services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed Indian Rupees One Thousand (INR 1,000), that being the agreed maximum amount that fairly reflects the gratuitous, non-commercial nature of the Services.
Some jurisdictions do not permit the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
Indemnity
You agree to defend, indemnify, and hold harmless Nyaya Vidhi and its founders, contributors, employees, agents, and affiliates from and against any and all claims, demands, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable advocates’ fees) arising out of or in connection with: (a) your access to or use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law or third-party right; (d) your Submissions or any content you upload, transmit, or otherwise make available through the Services; or (e) your reliance on any content of the Services without obtaining independent professional advice.
Suspension & Termination
We may, at our sole discretion and without prior notice, suspend or terminate your access to all or any part of the Services, remove or modify any content, and exercise any other remedy available at law, if we have reason to believe that you have breached these Terms, violated applicable law, or engaged in conduct that may harm us, our Users, or any third party.
Upon termination, the licence granted under Section 4 shall automatically and immediately terminate. Sections 5 (Intellectual Property), 7 (Submissions), 11 (Warranties), 12 (Liability), 13 (Indemnity), 16 (Governing Law), 17 (Dispute Resolution), and any other provision which by its nature ought to survive, shall survive termination.
Force Majeure
We shall not be liable for any failure or delay in the performance of the Services to the extent such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics or epidemics, war, terrorism, riots, civil disturbances, strikes, governmental actions, internet or telecommunications failures, or failures of service providers.
Governing Law
These Terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with the laws of the Republic of India, without regard to its conflict-of-laws principles.
Dispute Resolution & Jurisdiction
The parties shall first attempt to resolve any dispute, controversy, difference, or claim arising out of or in connection with these Terms (a “Dispute”) through good-faith negotiations for a period of thirty (30) days from the date one party notifies the other of the Dispute in writing.
If the Dispute is not resolved within the said period, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed mutually by the parties or, failing agreement, in accordance with the said Act. The seat and venue of arbitration shall be Kolkata, West Bengal; the language of arbitration shall be English; and the award shall be final and binding on the parties.
Subject to the arbitration clause above, the courts at Kolkata, West Bengal shall have exclusive jurisdiction over any matter that is not arbitrable, including applications under Sections 9, 27, 34, and 36 of the said Act and any action seeking interim or injunctive relief.
Statutory Compliance
These Terms are framed in compliance with applicable laws of India, including the Indian Contract Act, 1872; the Specific Relief Act, 1963; the Information Technology Act, 2000 and the rules made thereunder; the Consumer Protection Act, 2019; the Copyright Act, 1957; the Trade Marks Act, 1999; the Digital Personal Data Protection Act, 2023; and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Changes to these Terms
We may revise these Terms from time to time. The latest version will always be available on this page, with the “Last updated” date refreshed accordingly. Where the change is material, we will provide a more prominent notice. Your continued use of the Services after the revised Terms come into effect constitutes your acceptance of the revised Terms.
General Provisions
20.1 Entire Agreement
These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us regarding the subject matter hereof and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
20.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
20.3 No Waiver
No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any further or other exercise thereof.
20.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.
20.5 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between you and us.
20.6 Notices
All notices to us shall be in writing and sent to legal@nyayavidhi.in. Notices to you may be sent by email to the address you have provided to us or by posting a notice on the Platform.
Contact
Contact
Nyaya Vidhi
General queries: hello@nyayavidhi.in
Legal & compliance: legal@nyayavidhi.in
Grievance Officer: grievance@nyayavidhi.in
Address: Kolkata, West Bengal, India.
Notice. This document is governed by the laws of the Republic of India and is to be read in conjunction with our Disclaimer, Privacy Policy, and Terms of Use. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.