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Terms of Use

IMPORTANT

Please read these Legalkart Cash and Underpayments terms of use (the “Legalkart Cash Terms”) together with Legalkart Terms and Conditions (the “General Terms”) before accessing or using the Services. Collectively, these terms of use govern your access or use, from within India ( the “Territory”) in respect of the Application (which for the avoidance of doubt includes Legalkart Cash) and the Services including (but not limited to) the collection, storage, transfer and sharing of personal data, confidentiality, intellectual property ownership, third party interactions and indemnification. If you do not agree to the Legalkart Cash Terms or the General Terms you should not continue to use the Application or access or use the Services. By continuing to access the Application and use the Services you confirm your agreement to be bound by these Legalkart Cash Terms.

These terms only relate to the use, reloading and redemption of Legalkart Cash as a payment method and to underpayments. These Legalkart Cash Terms do not apply to a Transaction using alternative payment methods which are governed by the General Terms.

1. DEFINITIONS

Defined terms, including (but not limited to) “Legalkart”, “Account”, “Application”, “Services”, and “Third Party Providers” not otherwise defined below will have the same meaning as provided in the General Terms.

“Payment Method” has the meaning set out in Section 4 (Loading Legalkart Cash) below.

“Transaction” means the purchase of goods or services offered by a Third-Party Provider via the Application.

“Legalkart Cash” means the prepaid balance which is represented electronically, denominated in Indian Rupees and attributed to your Account, and which:

I. Is credited to you by Legalkart upon collection or receipt of funds;

II. Is credited to you by Legalkart upon collection or receipt of funds;

III. May be redeemed or applied by a User as a payment method for a Transaction whereby Legalkart will satisfy and settle the payment obligation to the relevant Third-Party Provider up to the Legalkart Cash credit balance reflected in your Account; and

IV. Is not redeemable for cash (in accordance with Section 12 (Non-Transferable)).

“User” or “you” means you as the holder of an Account.

2. CONTRACUAL AGREEMENT

These Legalkart Cash Terms constitute a legally binding agreement between you and Legalkart (Black Coat Techologies Pvt. Ltd.), a private limited liability company established in the India, having its offices at Plot no 76 D, Phase IV, Gurugram, Haryana 122001. By downloading, installing or using the Application, or accessing or using the Services and using Legalkart Cash you:

a. Agree that you have read, understood, accepted and agreed to these Legalkart Cash Terms;

b. Agree that the representations made by you in the General Terms will apply equally in respect of Legalkart Cash; and

c. Acknowledge and agree that Legalkart and its Affiliates does not provide nor does it resell goods or services offered by Third Party Providers (including (without limitation) independent third party via the Application and that the purpose of the Application and the Services is to match and schedule the provision of goods and services by such Third Party Providers to users of the Application, to facilitate the payment of Transactions and for Legalkart to act as limited collection agent for such Third Party Providers; and

d. Acknowledge and agree that Third Party Providers are not employed by Legalkart or any of its Affiliates;

e. Acknowledge that by using cash as a payment method under Section 6 (Change for Legalkart Cash) to reload Legalkart Cash the Third-Party Provider is acting as a limited collection agent for Legalkart;

f. Acknowledge that where you select Legalkart Cash as a payment method for a Transaction, any payment obligation to Third Party Providers will be borne by and settled by Legalkart on your behalf with the relevant Third-Party Providers up to and including the total balance of Legalkart Cash reflected in your Account at the time of completing a Transaction;

g. Acknowledge that where you select Legalkart Cash as a payment method, this will result in a deduction to your Legalkart Cash balance (as reflected in your Account) at completion of your Transaction;

h. Acknowledge and agree that the purpose of Legalkart Cash is to provide an additional payment method for a Transaction.

These Legalkart Cash Terms supersede any prior terms, agreements or arrangements with you in respect of Legalkart Cash. Legalkart may (subject to any prevailing laws) immediately terminate these Legalkart Cash Terms with respect to you, or generally cease offering or deny access to Legalkart Cash, at any time and for any reason.

3.USE OF LEGALKART CASH

You must have an active and valid Account to use Legalkart Cash. Legalkart Cash may only be applied as a payment method within the Application for Transactions within the Territory.

Where you have elected Legalkart Cash as a payment method, your total Transaction cost will include the cost of the Transaction plus any applicable taxes, fees or charges imposed by the Third-Party Provider as set out in the General Terms. Legalkart does not levy charges or fees for your Account or usage of Legalkart Cash.

You may review your Transactions by logging into your Account via the Application. The Legalkart Cash balance displayed in the Application will serve as conclusive evidence of your Legalkart Cash balance.

4. LOADING LEGALKART CASH

You may load Legalkart Cash, by any one or more of the following payment methods (where offered by Legalkart from time to time:

a. by cash paid to an authorised agent or a Third-Party Provider (including for the avoidance of doubt in accordance with Section 6 (Change for Legalkart Cash) where enabled by Legalkart and permitted by law);

b. debit card;

c. credit card; or

d. any other payment method made available in the Application from time to time by Legalkart, (each a 'Payment Method').

You may reload your Legalkart Cash balance at any time before commencement of a Service by clicking on the ‘Payments’ tab and then clicking on 'Add LKC.

In accordance with the General Terms, you may be required by Legalkart to add a secondary payment method to use Legalkart Cash as a payment method for Transactions within the Application.

To add alternative payment methods to reload Legalkart Cash, go to the ‘Payment’ section in the Application and select 'Payment Method'.

To use a new payment method, you must add it to your Account before your next Transaction.

By selecting a particular Payment Method, you acknowledge that you are agreeing to the terms of service of Legalkart's payment processing partners and the financial institution or payment services provider who has issued your selected Payment Method. You further agree that you will bear the cost or charges of any fees imposed by such payment processing partners or financial institutions in connection with your selected Payment Method.

Legalkart may in its sole and absolute discretion choose to refuse a request to reload Legalkart Cash, including (without limitation) where reloading Legalkart Cash would result in the aggregate value stored in your Account exceeding any value permitted by prevailing laws and regulations. Legalkart (in its sole and absolute discretion) may, at any time (including at the time of completing a Transaction), notify you via the Application that it has imposed a maximum amount by which you may reload Legalkart Cash or to inform you that you have reached the limit on the number of times you may reload Legalkart Cash within a specified period. By loading Legalkart Cash you acknowledge and agree that you are not depositing cash or money with Legalkart.

5. CHANGE FOR LEGALKART CASH

Where Change for Legalkart Cash is offered and enabled by Legalkart and you have selected cash as a payment method at the time of booking a Service via the Application, you have the option to: (a) receive any change due to you for a cash payment from the Third-Party Provider; or (b) apply your change to top-up your Account by reloading Legalkart Cash via the Third-Party Provider (where permitted by law and enabled by Legalkart) (“Change for Legalkart Cash”).

Where you choose to reload Legalkart Cash via a Third-Party Provider your Transaction receipt will reflect the cost of your Transaction (including any fees or charges imposed by the Third-Party Provider as set out in the General Terms) plus the additional reload of Legalkart Cash you have chosen.

Reloading Legalkart Cash via a Third-Party Provider may only be used for cash payments and will be reflected in your Account immediately (subject to technical or system failures).

Legalkart (in its sole discretion) may, at any time (including at the time of completing a Transaction), notify you via the Application that it has imposed a maximum amount by which you may reload Legalkart Cash or to inform you that you have reached the limit for the number of times you may reload Legalkart Cash within a specified period using this method.

6.UNDERPAYMENT

Where underpayments are offered and enabled by Legalkart and you are unable to pay either partially or in full for a Transaction, because:

(a) You do not have a secondary Payment Method; or

or are rejected by your card issuer or financial institution; or

(c) the Application or Service malfunctions, there is a delay in the use of the internet, or a fault in either your mobile device or the Third-Party Provider's device; or

(d) you physically have insufficient cash or do not have an alternative physical payment method such as a credit card or debit card, this will be reflected as a negative balance in your Account.

Legalkart will collect such negative balance by automatically adding the negative balance to the amount payable at the end of your next Transaction via the Application.

The maximum negative balance which you are permitted to accumulate on your Account will, from time to time, be notified to you by Legalkart via the Application, including at the time of payment for a Transaction. Once you reach this limit you will not be able to book further Services via the Application until you have paid your negative balance. Where the negative balance is added to your next Transaction via the Application, the total amount owing by you will be the total cost of your Transaction plus the negative balance you owe (as reflected in your Account).

You acknowledge and agree that where you have incurred a negative balance on your Account Legalkart will notify the relevant Third-Party Provider via the Driver Application of the amount of negative balance owing by you to Legalkart for the purpose of collecting the sum due from you at the conclusion of your Transaction.

For the avoidance of doubt:

(a) no charge, interest, consideration or administration fee will be chargeable by Legalkart on any negative balance accrued on your Account at any time;

(b) any negative balance accrued on your Account will not constitute the provision of credit or credit facilities under the laws and regulations of the Territory.

7. EXPIRY OF LEGALKART CASH

LegalKart cash is <u>closed loop wallet</u> inbuilt in LegalKart that can be used only on the LegalKart website. LegalKart cash may have an expiry date ranging from 30 days to 180 days from the date of issuance. LegalKart cash that has expired will no longer be usable or redeemable, and it will be forfeited by the user. LegalKart reserves the right to modify the expiry date of LegalKart cash at any time, without prior notice to the user. It is the user's responsibility to check the expiry date of their LegalKart cash. If bonus credits are offered and issued to you by Legalkart as Legalkart Cash when topping up your Legalkart Cash balance in your Account in accordance with Section 4 (Loading Legalkart Cash) or Section 5 (Auto-reload Legalkart Cash), such bonus credits may be subject to an expiration date which will be communicated to you in the Application.

8. PROMO CODES

Where promotional credits are issued to you by Legalkart as Legalkart Cash in connection with Promo Codes the provisions relating to Promo Codes set out in the General Terms and any other additional terms that Legalkart establishes on a per promotional code basis will continue to apply, including in relation to expiry of such promotional credits, which shall be communicated to you in the Application.

9. CUSTOMER IDENTIFICATION, FRAUD IDENTIFICATION AND ANTI-MONEY LAUNDERING

In order to ensure your security, prevent fraud or identity theft and comply with anti-money laundering laws and regulations (as applicable), we will request information from you at the time of opening your Account to confirm your identity, to allow you to open and maintain an Account and to use Legalkart Cash. We may also request you to update and verify your information from time to time. This is one way that Legalkart seeks to obtain comfort that the only person who can access your Account and Legalkart Cash is you. Legalkart may delay, suspend or block your access to Legalkart Cash until you comply with this information request or other verification steps that may be required by Legalkart at any time.

Legalkart may, from time to time, be required to undertake financial crime screening to comply with applicable laws or regulations, in such circumstances, you agree to assist Legalkart and cooperate with any requests for information.

10. NON-TRANSFERABLE

Legalkart may, from time to time, be required to undertake financial crime screening to comply with applicable laws or regulations, in such circumstances, you agree to assist Legalkart and cooperate with any requests for information.

11. NON-CIRCUMVENTION

All the registered professionals on LegalKart platform including but not limited to lawyer, legal consultant, Chartered Accountants, Company Secretary or any other professional as the case may be(hereinafter referred to as 'Professional') registered on Legalkart (LegalKart Lawyer and/or LegalKart ) platform shall not, under any circumstances, seek to obtain contact details from the clients and/or Lawyers using the LegalKart and/or LegalKart-Lawyer app hereinafter referred as LegalKart App nor shall they share any kind of contact details including but not limited to phone, email, twitter, facebook, office address etc. with any client and or Lawyer received any call through the platform. All communications, financial transactions, and interactions between the professionals and the clients initiated through the Legalkart must occur exclusively on Legalkart platform's built-in communication tools. This is to maintain the integrity of the platform, to ensure the privacy and security of all parties involved, and to comply with data protection laws and regulations. Any circumvention of the platform directly or indirectly is not encouraged. Legalkart reserves the right to seek details from the platform users and may choose to implement any kind of Artificial Intelligence equipped tool without compromising on the confidentiality of the platform to specifically to monitor non-circumvention. This will be done while respecting the privacy of the Legal Professional and the Client, in accordance with Legalkart's Privacy Policy.

12. Exceptions

Exceptions to this clause may only occur when a separate agreement is signed between the Legal Professional, the Client, and Legalkart. The approval of such an agreement is at the sole discretion of Legalkart.

13. Off-Boarding

Breach of this clause may lead to immediate suspension or termination of the Professional's Legalkart account, with or without any prior notice.

14. Reporting

Clients are encouraged to report any request for personal contact details from a Legal Professional to Legalkart immediately. Equally, Legal Professionals are required to report any unsolicited provision of personal contact details by a Client.

15. CREDIT CARD AND DEBIT CARD TRANSACTIONS

Where card payment is offered by Legalkart as a Payment Method and you have selected a payment card as your designated Payment Method to reload Legalkart Cash, you acknowledge that transaction errors relating to such Transactions may result in a reversal of the transaction, fees, claims, penalty or chargeback from the financial institution or payment services provider that has issued the payment card. You acknowledge that the financial institution or payment services provider which issues or supports the designated Payment Method you have linked to the Application and not Legalkart determines any amount reversed, returned or charged back and that Legalkart is bound to follow the instructions of that financial institution or payments services provider. You agree to authorize Legalkart to work with your financial institution or payment services provider to recover any amounts owing to Legalkart and if necessary, you further agree to authorise Legalkart to recover any amounts due by debiting your Account or charging your secondary Payment Method (if available) or by any other means Legalkart deems appropriate in its sole discretion. You agree that you will be responsible for resolving any disputes with the financial institution which has issued your card.

16. UNAUTHORIZED USE OF YOUR ACCOUNT AND FRAUDULENT ACTIVITY

You agree to notify Legalkart immediately upon becoming aware of any fraudulent activity or theft of Legalkart Cash. Notifications may be made to Legalkart via the Application. You are solely responsible for informing your financial institution or payment services provider of any fraud related to your payment card. You agree that Legalkart is not responsible for unauthorised use of Legalkart Cash. Legalkart reserves the right (in its sole and absolute discretion) to suspend or void any transaction or use of Legalkart Cash, where Legalkart suspects that Legalkart Cash was obtained or used fraudulently, unlawfully, illegally, involves criminal activity or that you are otherwise in violation of these Legalkart Cash Terms.

17. OWNERSHIP

The provisions of the General Terms relating to ownership of the Application and Services and Intellectual Property will apply to Legalkart Cash.

18. CONFLICT WITH GENERAL TERMS

In the event of a conflict between these Legalkart Cash Terms and the General Terms, in respect of Legalkart Cash, these Legalkart Cash Terms will prevail.

19. MODIFICATION TO TERMS

Legalkart may modify any of these Legalkart Cash Terms at any time, with or without notice to you, subject to applicable law. The most current terms shall be effective upon Legalkart’s posting of such modified Legalkart Cash Terms. Your use of any portion of Legalkart Cash after such posting constitutes your acceptance of the modified Legalkart Cash Terms. If any of these Legalkart Cash Terms are deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of these Legalkart Cash Terms.

20. DISPUTE RESOLUTION

The governing law will be as set out in accordance with the General Terms of use for LegalKart. All disputes will be resolved in accordance with the General Terms.

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