The Terrorist Affected Areas (Special Courts) Act, 1984 (61 of 1984)
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A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Publication Services or any Materials available or not included therein; (b) the unavailability or interruption to the supply of the Publication Services or any features thereof or any Materials; (c) you or your Authorised User’s use or misuse of the Publication Services or Materials (regardless of whether you received any assistance from a Covered Party in using or misusing the Publication Services); (d) the loss or corruption of any data or equipment in connection with the Publication Services; (e) the content, accuracy, or completeness of Materials; (f) any delay or failure in performance beyond the reasonable control of a Covered Party; or (g) any content retrieved from the Internet even if retrieved or linked to from within the Publication Services, all regardless of whether you received assistance in the use of the Publication Services from a Covered Party.
“Covered Party” means: (a) LN, and any officer, director, employee, subcontractor, agent, successor, or assign of LN; and (b) each third-party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third-party supplier of Materials or any of their affiliates.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE PUBLICATION SERVICES OR MATERIALS OR THIS PUBLICATION SERVICES AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE PUBLICATION SERVICES IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY WHETHER FOR BREACH OF THIS AGREEMENT OR IN TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION.
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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.
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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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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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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.