The Industries (Development and Regulation) Act, 1951 (65 of 1951) as amended by The Taxation Laws (Amendment) Act, 2017 (18 of 2017)
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If the Publication Services or the operation thereof become, or in the opinion of LN are likely to become, the subject of a claim of infringement, LN may, at its option and expense: (a) procure for you the right to continue using the Publication Services; (b) replace or modify the Publication Services so that they become non-infringing; or (c) terminate this Agreement on notice to you and grant you a refund or credit (if either is applicable) with respect to such Publication Services.
Notwithstanding any other provision in this Agreement, the remedies specified in the third, fifth and sixth paragraphs of this section shall constitute your sole and exclusive remedy for the respective matters specified therein.
The Publication Services and Materials are provided for reference purposes only and are neither intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to particular circumstances. We do not undertake any obligation to consider whether the information provided to or by us for the purpose of our Publication Services and Materials (including answering a query) is either sufficient, up to date or appropriate for any particular or actual circumstances. We are not a law firm; we do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a practising lawyer. Nothing in the Publication Services or the Materials or in the Agreement, nor any receipt or use of the Publication Services or the Materials, shall be construed or relied on as advertising or soliciting to provide any legal services, creating any solicitor-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of us or our staff.
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If you: (a) breach this Agreement or otherwise infringe on any intellectual property rights granted herein; or (b) breach or otherwise fail to comply with any other obligation in this Agreement (including payment obligations), without prejudice to any other legal remedies available to LN under applicable law, LN may, without notice to you, suspend or terminate this Agreement. Without limiting the generality of the foregoing, if you fail to pay any sum properly due hereunder, LN reserves the right to seek enforcement of the full contract sum as well as to seek recovery of legal costs and other expenses incurred by LN in connection with your breach.
Change to Number of Authorised Users. In the event of a change in your organizational structure (i.e., mergers, acquisitions and divestitures), or there is organic growth within the organization, resulting in a significant change in the number of Authorised Users of the Publication Services and Materials, LN, in good faith, reserves the right to adjust the amounts payable under this Amendment to reflect the change in your use of the selected services. Any changes made by LN to the License Terms (as defined below) in accordance with this paragraph shall not be considered as changes made to the License Terms for the purposes of the next paragraph below.
License Terms. Effective upon notice to you, LN may add, modify or otherwise change any rights to, or restrictions on, the use of the Publication Service and Materials as the same are currently set forth in this Agreement (the “License Terms”). If LN exercises these rights, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Authorised Users but will apply to all similarly situated LN customers using the Publication Services. If any changes made to the License Terms in accordance with this paragraph are unacceptable to you, you may terminate the Agreement and LN must receive your notice of termination within 30 days of the date of the change. Continued use of the Publication Services following the effective date of any change constitutes acceptance of the change.
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Third Party Beneficiaries. Each third-party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary. The failure of LN or any such third-party beneficiary to enforce any provision hereof will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Subject to the terms of this paragraph and the next paragraph, this Agreement does not confer any rights on any person or party other than the parties to this Agreement.
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Successors and Permitted Assigns. Subject to the immediately preceding paragraph, this Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Force Majeure. Non-performance of either party will be excused to the extent that performance is rendered impossible where failure to perform is a result of actions omissions or circumstances beyond the reasonable control of the non-performing party, such as fire, weather, civil disturbance, act of military or court or governmental authority, strike (provided such strike is not caused by that party’s employees), change in law or other governmental regulations or act of God.
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Governing Law and Arbitration. This Agreement shall be governed by and interpreted according to the laws of India regardless of the law that might apply under applicable principles of conflicts of law. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (each, a “Dispute”), shall be referred to the Delhi International Arbitration Centre and finally resolved by arbitration in accordance with the Delhi International Arbitration Centre (Arbitration Proceedings) Rules (the “DAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this paragraph. The language of the arbitration shall be English. The seat of arbitration shall be New Delhi. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the DAC Rules. The arbitrator so appointed: (i) shall be fluent in English; (ii) shall be a licensed and independent legal practitioner; and (iii) should, to the extent practicable, have experience in handling disputes arising out of agreements of this nature. The Parties hereby record their understanding and intent that, in an arbitration conducted in terms of this paragraph, each Party will bear its own expenses related to the arbitration and that administrative costs, miscellaneous expenses and arbitrator fees will be borne equally by the Parties, subject to the arbitral award. Where the arbitral award is for the payment of money, the sum for which the award is made shall include interest at the rate of two per cent higher than the current rate of interest (as defined in the Arbitration and Conciliation Act, 1996, as amended) prevalent on the date of award, for the period from the date on which the cause of action arose and up to the date on which the award is made.
Limitation of Action. You may not bring a claim of action, regardless of form, arising out of or related to amounts billed or payments made under your order form more than 12 months after LN first invoiced those amounts to you.
Order of Precedence. If there is a conflict between the terms and conditions of this Agreement, an order form, Additional Terms and any other document incorporated herein, the conflicting terms will be interpreted as narrowly as possible in the area of conflict and the conflict will be resolved by giving precedence in the following order: (a) the Additional Terms; (b) the terms of the order form; (c) the terms and conditions of this Agreement; and (d) the terms and conditions of any other document incorporated by reference herein.
Data and Privacy Laws.
If and to the extent that you transfer personal data to us in a territory outside the originating territory, the parties will be deemed to have entered into the LexisNexis Data Transfer Terms at https://www.lexisnexis.com/global/privacy/transfer-terms.page in respect of such transfer, whereby you are the “data exporter,” we are the “data importer,” the optional clauses are omitted, and the content of the applicable annexes corresponds to the respective content of the Agreement, unless the parties may rely on an alternative transfer mechanism or basis under the data protection laws.
Headings. The headings in the Agreement are for convenience only, and in no way affect the terms and conditions herein.
Amendments. Except in accordance with the second paragraph of this section, this Agreement may not be amended, except in writing signed by duly authorised representatives of both parties.
Waiver. The waiver by either party of breach or default or any provision under this Agreement shall be limited to the particular instance and does not constitute the waiver of any subsequent breach or default or any future waiver of such or any other provision. If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force and will be enforced to the maximum extent permissible by applicable law to affect the intent of the parties.
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Credit Investigation. You hereby authorize LN to make whatever credit investigation LN deems appropriate in order to provide you with a Publication.
Entire Agreement. This Agreement and the order form constitute the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
Sanctions. You are neither identified on, nor shall you provide access to LN Services to any individuals or entities identified on, (1) OFAC’s list of Specially Designated Nationals (“SDN List”), (2) the UK’s HM Treasury’s Consolidated List of Sanctions Targets, (3) the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions, (4) any other applicable sanctions lists, or (5) any person 50 percent or more owned, directly or indirectly, individually or in the aggregate by a person(s) identified in (1) through (4)
This Licence Agreement is between LexisNexis, a division of RELX India Private Limited ("we or us") and the individual or company to whom LexisNexis has agreed to supply the online and/or digital services and materials ("you" or "Subscriber"). The following terms and conditions govern your use of the online services and/or digital services (such as LexisNexis Red) supplied by LexisNexis (the "Services") and the materials and content available therein ("Materials").
Any dispute arising out of or in connection with these General Terms and Conditions and the Additional Terms, including any question regarding its existence, validity or termination (each, a “Dispute”), shall be referred to the Delhi International Arbitration Centre and finally resolved by arbitration in accordance with the Delhi International Arbitration Centre (Arbitration Proceedings) Rules (the “DAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. The seat of arbitration shall be New Delhi. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the DAC Rules. The arbitrator so appointed: (i) shall be fluent in English; (ii) shall be a licensed and independent legal practitioner; and (iii) should, to the extent practicable, have experience in handling disputes relating to the online information industry. The Parties hereby record their understanding and intent that, in an arbitration conducted in terms of this clause, each Party will bear its own expenses related to the arbitration and that administrative costs, miscellaneous expenses and arbitrator fees will be borne equally by the Parties, subject to the arbitral award. Where the arbitral award is for the payment of money, the sum for which the award is made shall include interest at the rate of two per cent higher than the current rate of interest (as defined in the Arbitration and Conciliation Act, 1996, as amended) prevalent on the date of award, for the period from the date on which the cause of action arose and up to the date on which the award is made.