Name of the Company (“Legato”) is the author and publisher of the internet resource www.legatoapp.com and the mobile application ‘Legato App’ (together “Website”). Legato owns and operates the services provided through the Website.
- Nature and Applicability of Terms:
The Agreement applies to you whether you are -
i. A lawyer (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
ii. A client, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Website (“you”, “User” or “Visitor(s)”).
This Agreement applies to those services made available by Legato on the Website and any applications, including the following:
i. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website or an Application;
ii. For other Users: Facility to (a) create and maintain ‘Client Accounts’; (b) search for Practitioners by name, specialty and geographical area or any other criteria that may be developed and made available by Legato; and (c) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Legato, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Legato.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. the Indian Contract Act, 1872,
ii. the Information Technology Act, 2000, prevailing in India and
iii. the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- Conditions of Use:
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Legato that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to the Users other than Practitioner(s).
1 End-User Account and Data Privacy:
1.2 Legato may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Legato’s services and to build new services.
1.3 The Website allows Legato to have access to Registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioner(s) and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Legato will disclose such information; and,
iv. Other information mandated by the SPI Rules.
i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information; and
v. the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.
1.6 Legato shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Legato or to any other person acting on behalf of Legato.
1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Legato of any actual or suspected unauthorized use of the User’s account or password. Although Legato will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Legato or such other parties as the case may be, due to any unauthorized use of your account
1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Legato has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Legato has the right to discontinue the Services to the User at its sole discretion.
1.9 Legato may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
2 Relevance Algorithm:
Legato’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioner(s), their profile and information regarding their Practice on its Website. These listings of Practitioner(s) do not represent any fixed objective ranking or endorsement by Legato. Legato will not be liable for any change in the relevance of the Practitioner(s) on search results, which may take place from time to time. The listing of Practitioner(s) will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Legato in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioner(s) on the Website.
3 Listing Content and Disseminating Information:
3.1 Legato collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Legato takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Legato screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.2 The Services provided by Legato or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Legato does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Legato does not guarantee the accuracy or completeness of any content or information provided by the Users on the Website. To the fullest extent permitted by law, Legato disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Legato or any User in relation to any User or services provided by such User.
3.3 The Website may be linked to the website of third parties, affiliates and business partners. Legato has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/ through the Website. Inclusion of any link on the Website does not imply that Legato endorses the linked site. User may use the links and these services at User’s own risk.
3.4 Legato assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.5 If Legato determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Legato reserves the right to immediately suspend your access to the Website or any of your accounts with Legato and make such declaration on the website alongside your name as determined by Legato for the protection of its business and in the interests of the Users. You shall be liable to indemnify Legato for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Legato or its Users.
4 Appointment Booking and Interaction with the Practitioners:
4.1 While Legato will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Legato does not guarantee that an End-User will get a confirmed appointment. Further, Legato has no liability if such appointment is confirmed but later cancelled by the Practitioner(s), or the Practitioners are not available as per the given appointment time.
4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your legal issues and your experiences is strictly between you and the Practitioner(s). You shall not hold Legato responsible for any such interactions and associated issues. For avoidance of doubt, Legato is not involved in providing any legal advice or consultancy and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide legal services to you, you do so at your own risk. The results of any search you perform on the Website for the Practitioner(s) should not be construed as an endorsement by Legato of any such particular Practitioner. Legato shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
4.4 Payment and Cancellation Policy
In the event, the Practitioner with whom the appointment has been booked is not available, the Client/ End-User has to (a) cancel the current appointment or (b) consult another Practitioner. Cancellation of the appointment by the End-User should be done 2 (Two) hours prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the End-User within 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the End-User. In an event the cancellation is done prior to less than 2 (Two) hours then in that case refund shall be subject to deduction 25%, as a cancellation charges of the total amount. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the User etc, an appointment would be considered as 'booked'. If the End-User does not show up at the time of appointment, Legato will refund the entire amount after approval from the Practitioner within 5-6 business days in accordance with the payment methods provided by the End-User, subject to deduction of 25% of the total amount paid as an inconvenience charges.
Legato shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to Legato support team at email@example.com ,within 2 (Two) days of appointment date with the Practitioner.
4.5 Without prejudice to the generality of the above, Legato will not be liable for:
i. any wrong or inappropriate consultation/ advice being given by the Practitioner(s), or any negligence on part of the Practitioner(s);
ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate consultation/ advice, or similar difficulties;
iii. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s associate(s), affiliate(s), staff, etc.;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any legal complications that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website and Application associated or with whom the User has booked an appointment through the Website and/ or an Application associated.
4.6 Further, Legato shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Legato’s sole discretion and may be modified or withdrawn at its sole discretion. Legato may moderate such feedback at any time. Legato shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
4.7 Online Appointment Booking facility is governed by Terms of Service listed in schedule annexed hereto as an Annexure - I.
5 No Lawyer/ Consultant-Client Relationship:
5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the legal profession. The provision of such Information does not create a Lawyer/ Consultant-Client relationship, between Legato and you and does not constitute an opinion or legal advice or consultation of any particular condition, but is only provided to assist you with locating appropriate solution from a qualified Practitioner.
5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Legato, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
6 Content Ownership and Copyright Conditions of Access:
6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Legato. The information that is collected by Legato directly or indirectly from the End-Users and the Practitioner(s) shall belong to Legato. Copying of the copyrighted content published by Legato on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Legato reserves its rights under applicable law accordingly.
6.2 Legato authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Legato Content”), are the property of Legato and are protected under copyright, trademark and other laws. The User shall not modify the Legato Content or reproduce, display, publicly perform, distribute, or otherwise use the Legato Content in any way for any public or commercial purpose or for personal gain.
6.3 The User shall not access the Services for purposes of monitoring the availability, performance or functionality, or for any other benchmarking or competitive purposes.
7 Reviews and Feedback:
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to the Practitioners or the Website. The role of Legato in publishing the Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Legato disclaims all responsibility with respect to the content of the Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the Act mentioned in this Clause 3.7. Legato shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by the Clause 5 of this Agreement. Without prejudice to the detailed terms stated in the Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Legato, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with the Clause 5 of this Agreement. You agree that Legato may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or Legato’s services; and/or
ii. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Practitioner(s) regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Legato
Your Profile is created to store record of your consultations and your personal query/ problem information online, including history, etc. Any information provided as part of a web, over-phone or an in-person consultation becomes part of your Record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary.
Legato reserves the right to maintain, delete or destroy all communications and materials posted or uploaded on the Website according to its internal record retention and/or destruction policies.
The terms in this Clause 4 are applicable only to the Practitioner(s).
1 Listing Policy:
1.1 Legato, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Legato reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioner(s), with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Legato immediately to enable Legato to make the necessary amendments.
1.2 Legato shall not be liable and responsible for the ranking of the Practitioner(s) on external websites and search engines.
1.4 Legato reserves the right to moderate the suggestions made by the Practitioner(s) through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Legato shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioner(s) are added to the Website.
1.5 Practitioner(s) explicitly agree that Legato reserves the right to publish the Content provided by Practitioner(s) to a third party including content platforms.
1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Legato accepts no liability for the same.
2 Profile Ownership and Editing Rights:
Legato ensures easy access to the Practitioner(s) by providing a tool to update your profile information. Legato reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioner(s). However, Legato takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Legato’s services, and that no such content breaches any third party rights, including Intellectual Property Rights. Upon becoming aware of a breach of the foregoing representation, Legato may modify or delete parts of your profile information at its sole discretion with or without notice to you.
3 Reviews and Feedback Display Rights of Legato:
3.1 All Critical Content is content created by the Users of the Website and the Clients of Legato Practitioner(s), including the End-Users. As a platform, Legato does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Legato and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.7 and 5 of this Agreement.
3.2 Legato reserves the right to collect feedback and Critical Content for all the Practitioner(s) listed on the Website.
3.3 Legato shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Legato shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Legato however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.7 and 5 of this Agreement.
3.5 Legato will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
3.6 If Legato determines that you have provided inaccurate information or enabled fraudulent feedback, Legato reserves the right to immediately suspend any of your accounts with Legato and makes such declaration on the website alongside your name as determined by Legato for the protection of its business and in the interests of the Users.
4 Relevance Algorithm:
Legato has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the Users. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioner(s). Legato shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
5 Independent Services:
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Legato.
6 Legato Reach Rights:
Legato reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Legato will not be liable for the accuracy of information or the claims made in the Sponsored ads. Legato does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Legato will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Legato accepts no liability for the same.
- Rights and Obligations relating to Content:
1 As mandated by Regulation 3(2) of the IG Rules, Legato hereby informs the Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2 Users are also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Legato Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Legato;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii. copying or duplicating in any manner any of the Legato Content or other information available from the Website;
ix. framing or hot linking or deep linking any Legato Content;
x. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
3 Legato, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Legato shall also be entitled to preserve such information and associated records for at least 365 (Three Hundred and Sixty Five) days for production to governmental authorities for investigation purposes.
5 Legato may disclose or transfer User generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Legato to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Legato as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Legato or any person on its behalf and the User or where the User has consented to data transfer.
Legato respects the Intellectual Property Rights of others and we do not hold any responsibility for any violations of any Intellectual Property Rights.
1 Legato reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. Legato is unable to verify or authenticate any information provide to Legato by a User;
iv. Legato has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. Legato believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Legato or are contrary to the interests of the Website.
2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any legal services the User has rendered in order to comply with the User’s record keeping process and practices.
- Limitation of Liability:
In no event, including but not limited to negligence, shall Legato, or any of its Directors, Officers, Employees, Agents or Content or Service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Practitioner(s) to the End-Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. any other matter relating to the Website or the Service.
- Retention and Removal:
Legato may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
- Applicable Law and Dispute Settlement:
1 You agree that this Agreement and any contractual obligation between Legato and the User will be governed by the laws of India.
2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Legato. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
3 Subject to the above Clause 9.2, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
- Contact Information Grievance Officer:
1 If a User has any questions concerning Legato, the Website, this Agreement, the Services, or anything related to any of the foregoing, Legato customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.legatoapp.com
2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer. (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Legato. Any consent by Legato to, or a waiver by Legato of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Cancellation Policy
1 In case where the User wishes to cancel the bookings for the appointment and/ or call, he must do so at least 1.5 (One and Half) hour before the time scheduled for appointment. Refund shall not be processed in case the User cancels the bookings after mentioned prescribed time limit.
In case user cancels the bookings within prescribed time limit, Cancellation charges shall be levied at nominal of 25% of the total pricing paid and rest 75% shall be refunded to the user within 7 (Seven) working days.
2 In the event of cancellation of any paid consultation for which payment has been successfully made and a confirmation number has been generated, and the consultation has not been commenced by the Lawyer/ Consultant due to any avoidable/ unavoidable reason(s), the User must notify us by writing an email at email@example.com or by calling us at 080-42427505, specifying the confirmation number/ order no within, 2 (Two) days from the date of occurrence of such event. After internal checks with the Lawyer, our team shall refund 100% of the amount you have paid, within 7 (Seven) days of the intimation.
- Refund Policy
1 In case where there has been a cancellation of appointment due to reasons as mentioned in Clause 1 & 2 of the Cancellation Policy above, the entitled consultation amount as mentioned in Clause 1 & 2 of the Cancellation Policy above will be refunded to the User within the next 7 (Seven) business days, to be counted from the date of intimation. Said refund amount shall be credited to the user in the Bank account or in the respective Debit Card/ Credit Card, as the case may be.
2 In case the User has been accidentally over-charged, please notify us by an email at firstname.lastname@example.org or by calling us at 080-42427505, of the same at the earliest. Refund of the said overcharged amount shall be processed to the User within 7 (Seven) working days from the date of intimation of the same.
3 It is mandatory for the Users to maintain unique Transaction ID number/ Order number, which would be provided at the time of placing a request. This number would be required to address any problems, if any.
4 In the majority of cases, there is NO other situation under which www.legatoapp.com will provide a refund, except for the condition expressly mentioned under this Refund Policy. In exceptional circumstances, the www.legatoapp.com team will work with you to reach a mutually acceptable solution. www.legatoapp.com intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with consumers. The maximum refund amount claimable from www.legatoapp.com cannot exceed the amount paid by the User at www.legatoapp.com for availing the Lawyer's/ Consultant’s service(s).
5 No refund in any case whatsoever can be claimed from www.legatoapp.com for the amount paid to the Lawyer/ Consultant directly by the User.
Annexure - I
TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY
- Online Appointment Booking Facility:
Online Appointment Booking is a facility offered by www.legatoapp.com to End-Users for booking appointments online with Practitioner(s).
- Objectives of Online Appointment Booking Facility:
The two-fold objective of www.legatoapp.com is to ensure:
i. Excellent experience for End-Users by minimizing their waiting time
ii. Excellent experience for Practitioner(s) by maximizing their utilization of time
- Mandatory Terms of Service for the Users:
i. Every Practitioner(s) should honour all appointments booked via www.legatoapp.com.
ii. It is mandatory that the End-Users meets the same Practitioner with whom the appointment has been confirmed.
iii. The Practitioner(s) should communicate about any expected delay/ cancellation at least 2 (Two) hours prior to the scheduled time of appointment.
Non-compliance to the above will lead to poor User experience and may attract penalties from Legato including, but not limited to, withdrawal of the ‘Book’ Privilege button and might have an adverse effect on the relevance score of the Practitioner(s).
- Mandatory Terms of Service for End-User:
i. ‘Instant - Book Appointment’ button on www.legatoapp.com is a privilege given to the End-User. Legato reserves the right to withdraw this in case of repeated instances of “User No Show”.
- Privileges for Users:
For complying with the terms of service on www.legatoapp.com the Users will be offered following privileges:
Online Appointments Booking Facility
i. End-Users can seamlessly book appointments 24x7 on www.legatoapp.com or Legato App
ii. Improve relevance score on www.legatoapp.com.
Legato provides the services on “as is” and “as available” basis. Legato does not represent, warrant or guarantee that your access to or use of www.legatoapp.com: (a) will be uninterrupted or error free; or (b) will result in any requests for appointments. Notwithstanding anything contained herein, Legato disclaims all liability for any act or omission of you, any User or other third party.