Registration - Terms & Conditions
Welcome to our website WillEffect.in (‘Website’)
Use of the Website, either by registration or by any other means, is available only
to persons who are 18 yrs of age and above and can enter into a legally binding
contract under Indian Contract Act, 1872., and or are not barred by any law for
the time being in force. Persons who are "incompetent to contract" within the meaning
of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.
are not eligible to use the Website.
These are the terms and conditions governing you, the User’s use of the Website
(herein after referred to as “Acceptable Use Policy “or "AUP"). By accessing the
Website on any electronic device, you acknowledge, accept and agree to the following
terms of the AUP. This AUP is effective from the time you log in to WillEffect.in.
This document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any
physical or digital signatures. This document is published in accordance with the
provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines)
Rules, 2011 that require publishing the rules and regulations, privacy policy and
AUP for access or usage of this website.
We, CCC WillEffect Pvt. Ltd. (‘WillEffect’), reserve the right, at our sole discretion,
to change, modify, add or remove portions of these AUP, at any time without any
prior written notice to the User. It is the User’s responsibility to review these
AUP periodically for updates / changes. The User’s continued use of the Website
following the posting of changes will mean that. The User accepts and agrees to
the revisions. As long as the User complies with these AUP, We grant the User a
personal, non-exclusive, non-transferable, limited privilege to enter and use the
Website.
WillEffect reserves the right to terminate the User’s membership and / or refuse
to provide the User with access to the Website if it is brought WillEffect’s notice
or if it is discovered that the User is in breach of AUP. WillEffect reserves the
right to refuse, restrict, suspend, limit or terminate any or all services provided
to the User at any time for any reason subject to the condition that WillEffect
will refund on request the unused portion of any money paid for the service.
Accessing, browsing or otherwise using the Website indicates the User’s agreement
to all the terms and conditions under these terms of use, so please read the AUP
carefully before proceeding. By impliedly or expressly accepting these AUP, the
User also accepts and agrees to be bound by these terms and conditions as amended
from time to time.
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The User agrees that he/she shall not host, display, upload, modify, publish, transmit,
update, or share any Information; (a) which is fraudulent, misrepresenting, or misleading
in any form or manner; or (b) consists of material that is an expression of bigotry,
racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference,
and nationality and/or is in the nature of being derogatory, slanderous to any third
party; or (c) is obscene, contains pornography or contain “indecent representation
of women” within the meaning of the Indecent Representation of Women (Prohibition)
Act, 1986 or contains sexually explicit content, or content that promotes pedophilia;
or (d) provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses; or (e) refers to any website or URL that, in WillEffect’s ’s sole
discretion, contains material that is inappropriate for the or contains content
that would be prohibited or violates the letter or spirit of these AUP; or (f) contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource
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The User agrees that he/she shall not (a) impersonate another person; or (b) distribute
viruses or any other technologies that may harm the Website or the interests or
property of the Website, other users or impose an unreasonable load on the infrastructure
or interfere with the proper working of the Website; or (c) copy the software, logic,
look and feel, or any features of the system for use in any competitive system;
or (d) make any negative, denigrating or defamatory statement(s) or comment(s) about
the Website or the brand name used by the Website in including the terms or otherwise
engage in any conduct or action that might tarnish the image or reputation of the
Website ; or (e) use the Website or any content for any purpose that is unlawful
or prohibited by these AUP, or to solicit the performance of any illegal activity
or other activity which infringes the rights of the Website , and / or other users.
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The User agrees that he/she shall not use any “deep-link”, “page-scrape”, “robot”,
“spider” or other automatic device, program, algorithm or methodology, or any similar
or equivalent manual process, to access, acquire, copy or monitor any portion of
this Website or any content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website or any content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely made
available through the Website. WillEffect reserves the right to bar any such activity.
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The User agrees that he/she shall not probe, scan or test the vulnerability of the
Website or any network connected to the Website nor breach the security or authentication
measures on the Website or any network connected to the Website. The User may not
reverse look-up, trace or seek to trace any information on any other user of or
visitor to Website including any account on the Website not owned by the User, to
its source, or exploit the Website or any service or information made available
or offered by or through the Website, in any way where the purpose is to reveal
any information, including but not limited to personal identification or information,
other than the User’s own information, as provided for by the Website.
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The User agrees that he/she is responsible for maintaining the confidentiality of
his/her ID, password, email address and he/she is responsible for all activities
that occur under the User’s ID and password. If the User accesses the Website using
any electronic device other than by registration on the Website, the AUP remains
applicable to the User in the same manner as if the User is a registered user on
the Website. The User also agrees that if the he/she provides any information that
is untrue, inaccurate, not current or incomplete or WillEffect has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with this AUP, WillEffect shall have the right to indefinitely
suspend or terminate or block the User’s access to the website.
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User expressly understands and agrees that use of this Website is at his/her sole
risk; the service and information is provided on an “as-is” and “as available” basis
without warranties or representations of any kind. WillEffect shall have no liability
and expressly disclaims all warranties whether express or implied and conditions
of any kind, including but not limited to representations, warranties or conditions
regarding accuracy, timeliness, completeness, merchantability, fitness for a particular
purpose, non-infringement, satisfactory quality, or merchantable quality or those
arising by law, statue, usage of trade, or course of dealing. WillEffect assumes
no responsibility to any user, or to any third party for the consequences of any
errors or omissions.
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The User acknowledges, confirms and agrees that; (a) In no event shall WillEffect
be liable for any direct, special, incidental, indirect or consequential damages
of any kind in connection with these AUP , even if the User has been informed in
advance of the possibility of such damages; (b) WillEffect shall not be liable for
any loss, damage or expense resulting from any error or omission in the information
provided by WillEffect or the Website or from use of the Website even if caused
by or resultant from the negligence or other fault of WillEffect ; (c) WillEffect
shall not be liable for direct, indirect, incidental, special, consequential or
exemplary damages resulting from any error in or omission from the information provided
by the Website, even if advised of the possibility of such damages; and (d) WillEffect
is not liable for any loss of money, goodwill, or reputation, or any special, indirect,
or consequential damages arising out of the User’s use of the site.
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The User acknowledges and agrees that any material downloaded or otherwise obtained
through the use of the Website is done at User`s own discretion and risk and he/she
shall be solely responsible for any damage to their computer system/ electronic
device or loss of data that results from the download of such material.
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The User agrees to indemnify and hold WillEffect, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, and employees,
harmless from any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of content submitted by the
User, violation of the AUP, or the User’s violation of any rights of another person
(including infringement of intellectual property rights) of a third party or his/her
violation of any law, rules or regulations or the rights.
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The User acknowledges that he/she is using this Website entirely at his/her own
risk and agrees to; (a) not sue WillEffect if something goes wrong and; (b) no claim
should be brought personally against the shareholders, directors, officers or employees
of WillEffect in respect of any losses the User suffers in connection with the use
of the Website.
The various fee structures and service options will be displayed on the Website.
WillEffect reserves the right to amend the fee policy from time to time. Any changes
will be posted on Website. In particular, WillEffect may at its sole discretion
introduce new services and modify some or all of the existing services offered on
the Website. In such an event WillEffect reserves the right to introduce fees for
the new services offered or amend/introduce fees for existing services, as the case
may be. Changes to the Fee Policy shall be posted on the Website and such changes
shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees. The User shall
be solely responsible for compliance of all applicable laws including those in India
for making payments to WillEffect. WillEffect follows a NO REFUND policy. WillEffect
will not entertain any requests for a refund.
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The Website, all the materials and services, included on or otherwise made available
to the User through this Website are provided on “as is” and “as available” basis
without any representation or warranties, express or implied except otherwise specified
in writing. Without prejudice to the forgoing paragraph, WillEffect does not warrant
that; (a) This Website will be constantly available, or available at all; or (b)
The information on this Website is complete, true, accurate or non-misleading.
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WillEffect will not be liable to the User in any way or in relation to the contents
of, or use of, or otherwise in connection with, the Website. WillEffect does not
warrant that this Website; information, content, materials, or services included
on or otherwise made available to the User through the Website; their servers; or
electronic communication sent from WillEffect are free of viruses or other harmful
components.
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WillEffect cannot guarantee continuous or secure access to its services. Accordingly,
to the extent legally permitted WillEffect excludes all implied warranties, of fitness
or quality of the Website and services thereto.
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The Website may provide, links to sites operated by other entities. If the User
decides to view this site, they shall do so at their own risk, subject to that other
website’s terms and conditions of use and privacy policy that may be different from
those of this site. It is the User’s responsibility to take all protective measures
to guard against viruses or other destructive elements he/she may encounter on these
sites. WillEffect makes no warranty or representation regarding, and do not endorse
any linked website or the information appearing thereon or any of the products or
services described thereon. Further, the User’s interactions with organizations
and/or individuals found on or through the Website, including payment and delivery
of services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between the User and such organization and/or individual.
The User should make whatever investigation they feel necessary or appropriate before
proceeding with any offline or online transaction with any of these third parties.
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WillEffect makes no warranty that (i) the services will meet User`s requirements,
(ii) the services will be uninterrupted, timely, secure or error free, (iii) the
results that may be obtained from the use of the services will be accurate or reliable
(iv) the quality of any products, services, information or other material purchased
or obtained by the User through the services or the Website will meet his/her expectations
and (v) any errors in the software will be corrected.
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No advice or information, whether oral or written, obtained by the User from WillEffect
or through or from the service shall create any warranty not expressly stated in
the terms and conditions of this AUP.
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WillEffect has a sole and absolute right to change the parameters of the service,
the AUP and pricing at any time and such latest versions will apply retrospectively
(other than to payments already made). It is therefore possible that the Website
could give a different result, including for any modifications and it is the User’s
responsibility to go through the entire Will to ensure that it is as per the User’s
requirement.
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The Website provides a guide and suggestions covering many situations to avoid confusion
in the User’s Will and its implementation after your death. The User understands
and agrees that it is not possible to foresee all situations, some of which could
lead to problems in implementation, requiring judicial intervention.
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Some important features of producing a functional Will are that it should be clear,
unambiguous, properly executed and not inconsistent with some other actions. While
we have endeavored to take care, this is the User’s responsibility and WillEffect
cannot determine the clarity of the User’s descriptions or logic and other actions
that may contradict with what is stated in the Will. It is also the User’s responsibility
to have the Will properly signed by the relevant persons.
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We are not qualified legal advisers. We cannot and will not provide the User with
any legal advice. Payments made to us will not normally be refundable and while
we have endeavored to take care, we cannot guarantee that the documents and information
obtained from this Website are accurate and legal. If any provision of this AUP
is, or is found to be, unenforceable under applicable law, that will not affect
the enforceability of the other provisions of this AUP. In order to render the proposed
service, this Website gathers information, most of which is personal in nature as
well as information relating to the User’s use of this Website. The information
that the User enters in connection with the Will is retained by WillEffect so that
the User can easily modify the Will in future. WillEffect cannot guarantee that
data will be stored by us indefinitely or beyond the time available for making free
modifications.
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WillEffect will not access the User’s details, except if the User so requests from
his/her registered email address. The response will also be sent to the User’s registered
email address. WillEffect will not make any attempt to access the User’s personal
information, unless disclosure is required by law or due to a mandatory requirement
of a Court or any Regulatory Authority, provided that the information is yet on
the server.
This AUP shall be governed and construed in accordance with the laws of the Republic
of India and the courts at Mumbai shall have exclusive jurisdiction on all matters
and disputes arising out of and relating to the Website.