Terms of Service
Techgrapher reserves the complete right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on this page. By accessing Techgrapher after any changes have been made, you signify your agreement on a prospective basis to the modified Terms and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website. If you do not understand these Terms or have any questions, please contact us at email@example.com.
Techgrapher is a platform for management of Intellectual Property (IP) where IP owners (clients) and experts (professionals) connect and collaborate remotely.
By using the website or our contents, you agree to follow and be bound by the Agreements and agree to comply with all applicable laws and regulations in India. In the Agreements, the words “you”, “your” “inventor”, “IP owner”, “site visitor”, “user” shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872. The terms “we”, “us” and “our” refers to Techgrapher and all its services, as the context requires.
BY USING Techgrapher’s SERVICES OR ACCESSING THE Techgrapher SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BOUND BY THEM.
If you wish to use our “Contact an Expert” feature, you affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties consequent to the creation of the documents, and are aware of the same. Kindly send an email firstname.lastname@example.org for further assistance.
II. TECHGRAPHER ONLY PROVIDES A MEDIUM FOR INTERACTION
Techgrapher is an online platform that facilitates communication between experts’ having expertise in the field of Intellectual Property Rights and potential users dealing with Intellectual Property like, but not limited to the inventor, owner of IP, assignee, licensee, prospective IP holders etc. Techgrapher acts as a virtual venue for providers and consumers of Intellectual Property Rights related services by connecting them through online and telecommunication medium and acts as a facilitator for the exchange of information between them with the goal of eventually forming a professional relationship. Techgrapher does not guarantee that users will successfully find an expert through this system. However, Techgrapher will strive hard to find an expert for guiding you to unlock your IP potentials. Techgrapher takes no position and offers no opinion on when or if an Expert-Client or Attorney/Lawyer-Client relationship has been formed.
In order to provide an optimal forum for Intellectual Property owners/Users and experts, Techgrapher does not involve itself in the agreements between Intellectual Property owners/Users and experts or the actual representation of Intellectual Property owners/Users. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user, and not Techgrapher, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates on this service. Techgrapher will not be held responsible for any misuse of information shared by the user while dealing with the expert, however, as a precaution; we at Techgrapher will be having a separate non-disclosure agreement with each of the experts we are dealing or engaged with.
a. Disclaimer of lawyer-client relationship
Techgrapher is not an agent of any particular lawyer or expert. It only facilitates the communication of lawyers, experts and potential clients. Any electronic or telecommunication to Techgrapher alone will not create a lawyer-client relationship between the user and Techgrapher, such being expressly denied.
b. Techgrapher does not promote any User
Techgrapher seeks to help innovators, litigants, experts, patent agents, and lawyers’ working or engaged in the Intellectual Property domain best suited to his/her needs. For example, Techgrapher is not intended to be a source of advertising or solicitation and the contents of the website should not be construed as legal advice. Techgrapher may recommend a subscribing expert/lawyer or patent agent if he or she matches the user’s requirements, but not otherwise. Transmission, receipt or use of Techgrapher does not constitute or create a lawyer-client relationship. No recipients of content from this website should act, or refrain from acting, based upon any or all of the contents of this site. We welcome the user to study the profiles of experts/Lawyers’ independently and make an informed choice.
c. Specifically, Techgrapher does not provide any avenue for solicitation
Techgrapher hides information about the user from lawyers/ patent agents/ domain experts until the client communicates with the lawyer directly or online. Therefore, the lawyer is not allowed to view private information about potential clients.
d. Techgrapher does not provide Legal Advice
Techgrapher ‘Consult Expert’ feature uses only user-supplied content to produce basic documents. The information provided in the ‘FAQs’ section also does not amount to legal advice, such merely being commonly asked queries about, but not limited to Patentability Report, Patent Drafting, Do it Yourself, which may be added from time to time. Users are advised to consult a lawyer if they need specialized guidance on any of these documents.
e. ‘Contact Expert’’
Techgrapher grants you a limited, personal, non-exclusive, non-transferable license to use our “Contact an Expert” feature for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. The term expert shall have all such meaning as given under this agreement.
By ordering a document from Techgrapher, you agree that the document you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Techgrapher. Reselling or distributing without permission amounts to a violation of Techgrapher’s exclusive copyright and is liable to prosecution.
f. Disclaimer of representations by users
Techgrapher makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the IP experts which are listed through this site or any affiliate thereof.
III. USER GUIDELINES
The users of Techgrapher are granted a non-exclusive, limited right to access and use the service in accordance with the rules that are described in this agreement. In order to keep this system attractive and useful for all users, it is important that users follow the rules defined herein. Techgrapher reserves the right to deny further access to its service to any user who violates these rules is the subject of complaints by other Techgrapher users or for any other reason.
The user should not engage themselves in following activities or any such activities which is prohibited by law:-
- Promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Defame any person or group which includes people of all ages, races, religions, and nationalities.
- Violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation).
- Use the service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other’s privacy.
- Interfere with or disrupting the service or servers or networks connected to the service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail.
- Compromise the security of the service Techgrapher provides. Please do not try to gain access to system areas private to Techgrapher, or to other users.
IV. DISCLAIMER OF INFORMATION OBTAINED ON THE SERVICE AND SOME USER SUPPLIED CONTENT
a. Disclaimer of information obtained on the Service
Techgrapher provides lawyers, experts and potential clients/innovators/IP owners with a forum whereby people who need expert advice are connected to providers of it. Techgrapher is a resource for informational purposes and is intended, but not promised or guaranteed to be correct, complete, and up-to-date. The accuracy, completeness or adequacy of Techgrapher is not warranted or guaranteed. Techgrapher further assumes no liability for the interpretation and/or use of the information contained on this website. The owner of this website does not intend any links from this website to other websites to be referrals to, endorsements of, or affiliations with the linked entities. Techgrapher is not responsible for, and makes no representations or warranties about the contents of websites to which links may be provided from this website.
Techgrapher will make every effort to ensure that promotional material of a user trying to promote himself on the website is deleted. Apart from this, the opinions and views expressed are those of the individual users of the service and do not reflect those of Techgrapher. Data submitted by users is not verified or reviewed in any way before it appears on the Techgrapher website. Please use due caution when using this site.
b. Use of Term “Expert”
The term “Expert” as used on the website of Techgrapher and in other communications in reference to third-party Expert participating in Techgrapher’s platform or services means they fulfil the following:- (a) possess a minimum of three years’ experience in law/science/technology/or other relevant areas (b) has no pending malpractice lawsuit as of the date of joining one of Techgrapher’s plans and (d) has no public record of indiscipline. The term “expert” is not intended to be a comparison to any other professionals’ services or qualifications. However, Techgrapher cannot track, verify, or monitor the standing of each expert using the Service. Therefore, Techgrapher makes no representation regarding the status, standing or ability of any lawyer or domain experts who are listed on the site.
Users are urged to make their own independent investigation and evaluation of any expert being considered. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely on claims of expertise, or on the cost of rendering the requested legal services.
Techgrapher is not responsible for, and in no way endorses any description or indication of specialization or limitation of practice by an expert. Efforts will be made to avoid false information, but please be aware that no agency or board may have certified such expert in any indicated field of practice. In addition, an expert claiming specialization is not necessarily any more competent than other experts. It is up to the user to question the experts on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted by experts. Although Techgrapher requires experts to comply with all regulations governing their conduct, it is impossible for Techgrapher to monitor experts’ integrity.
Techgrapher in no way endorses the content or legality of any offers, statements, or promises made by experts or any other parties, on or off this site.
c. Disclaimer of content supplied by users in the form of reviews, comments, communications, and other content
At various locations on the Site, Techgrapher may permit visitors to post reviews, comments, and other content (the “user content”). Techgrapher is not the publisher or author of such user content. It only stores and disseminates the ideas and opinions that Techgrapher members may choose to post and distribute as user content. Techgrapher disclaims all responsibility for this content. If any offending material is brought to the notice of Techgrapher, it will be deleted as soon as is possible. Whether such material is indeed offending will be finally be left to the discretion of Techgrapher.
V. LIMITATIONS ON USE
The contents of Techgrapher are for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Techgrapher. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic devices, or manual process to monitor or copy the contents without taking prior written permission from Techgrapher. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Techgrapher, except to the extent permitted above. You may not use or otherwise export or re-export Techgrapher or any portion available on or through Techgrapher in violation of the export control laws and regulations of India. Any unauthorized use of Techgrapher or its content is prohibited.
Techgrapher makes every effort to maintain the confidentiality of any information submitted by users to our system and our database of experts. The user is however warned that the use of the internet or e-mail for confidential or sensitive information is susceptible to risks that inevitably arise on this medium. Additionally, because Techgrapher cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. The user should preferably describe their issue or dispute in the general terms only. Specific information should only be revealed after the user has selected an expert and made contact outside the service (e.g. via telephone or appointment). Subscribing domain experts using this service should refrain from asking any user to reveal any specific or confidential information through the service. Techgrapher is not responsible for the release or improper use of such information by users or any release due to error or failure in the System.
The user agrees that Techgrapher is not responsible for any harm that his/her use of this service may cause. The user agrees to indemnify, defend, and hold Techgrapher harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service. The user agrees that this defense and indemnity shall also apply to any breach by the user of the agreement or the foregoing representations, warranties and covenants. The user further agrees that this defense and indemnity shall include without limitation lawyer fees and costs. The user also agrees that this defense and indemnity shall apply to Techgrapher, its founders, officers and employees. Techgrapher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user and the user shall not, in any event, settle any matter without the written consent of Techgrapher.
VIII. COMMUNICATIONS AND OTHER DATA
Techgrapher is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasons.
IX. LICENSE OF YOUR CONTENTS TO TECHGRAPHER
By uploading content to or submitting any materials for use on Techgrapher, you grant Techgrapher a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. Techgrapher, however, gives an assurance that any information of a sensitive nature will not be intentionally disclosed and revealed to any third party.
X. TECHGRAPHER PROPRIETARY RIGHTS
Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. The user agrees that the content and Web Site are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. The user acknowledges and agrees that the user is permitted to use this material and information only as expressly authorized by Techgrapher, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The user acknowledges and agrees that Techgrapher can display images and text throughout the Service. Users cannot extract and publish any information from the system, either electronically or in print, without the permission of Techgrapher and the permission of all other concerned parties. This is not a complete list – other things on the system are also Techgrapher property. Contact Techgrapher before copying anything from the system with plans of reproducing it or distributing it.
XI. LINKING TO http://techgrapher.com/
Users are welcome to provide links to the homepage of Techgrapher, provided they do not remove or obscure, by framing or otherwise, any portion of the homepage and that you discontinue providing links to the site if requested by Techgrapher.
Techgrapher’s website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Techgrapher is accurate and complies with applicable laws. Techgrapher will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
Certain sections of Techgrapher may require you to register. If registration is requested, you agree to provide Techgrapher with accurate and complete registration information. It is your responsibility to inform Techgrapher of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Techgrapher does not permit a) any other person using the registered sections under your name, or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, please notify Techgrapher immediately by contacting us. If we find that unauthorized use is being made of Techgrapher and the services we provide, the right of any or many users may be terminated.
XIV. ERRORS AND CORRECTIONS
Techgrapher does not represent or warrant that the service will be error-free, free of viruses or other harmful components, or that defects will be corrected. Techgrapher may make improvements and/or changes to its features, functionality or service at any time.
XV. THIRD PARTY CONTENT
Third party content may appear on Techgrapher or may be accessible via links from Techgrapher. Techgrapher is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third party content appearing on Techgrapher. You understand that the information and opinions in the third party content are neither endorsed by nor does it reflect the belief of Techgrapher.
XVI. UNLAWFUL ACTIVITY
Techgrapher reserves the right to investigate complaints or reported violations of the Agreement and to take any action Techgrapher deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
XVII. REMEDIES FOR VIOLATIONS
Techgrapher reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including but not limited to the right to block access from a particular Internet address to Techgrapher and its features.
XVIII. CONFLICTS CHECKS
The user understands that a registered expert will not be able to and will not perform a check for conflicts of interest between the user and other clients of the registered expert prior to responding to a request. Conflict checks require the user to provide their name and contact information and the identity of any affiliated entities, opposing individuals and entities, and such other information as a lawyer may require. Conflict checks by a registered expert who obtains information from the user through this service are not possible since submissions by the user to the subscribing lawyer are not sufficient to enable the subscribing expert to conduct such a check.
XIX. SEVERABILITY OF PROVISIONS
XX. MODIFICATIONS TO TERMS OF SERVICE
Techgrapher may change the agreement at any time. The user will be responsible for checking the Terms and Conditions of use. Use of the service after the change will indicate acceptance of the new terms and conditions.
XXI. MODIFICATIONS TO SERVICE
Techgrapher reserves the right to modify or discontinue, temporarily or permanently, the service with or without notice to the user. The user agrees that Techgrapher shall not be liable to the user or any third party for any modification or discontinuance of the service. The user acknowledges and agrees that any termination of service under any provision of this agreement may be effected without prior notice, and acknowledges and agrees that Techgrapher may immediately delete data and files in the user’s account and bar any further access to such files or the Service.
XXII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Techgrapher need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.
Although it is the goal of Techgrapher to provide users with reliable and quality systems, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, Techgrapher must deny any warranties on this service and state that our liability for any problems connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
a. Disclaimer of Warranties
The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. Techgrapher expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Techgrapher makes no warranty that the service will meet a user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Techgrapher make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Techgrapher makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by the User from Techgrapher shall create any warranty not expressly stated herein.
b. Limitation of Liability
The user agrees that Techgrapher shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Techgrapher has been advised of the possibility of such damages. The user further agrees that Techgrapher shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.
Any controversy or claim arising out of or relating to this Agreement or Techgrapher services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Chennai shall have jurisdiction in all such cases.
This Site is owned and operated by Techgrapher. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by Techgrapher. Except as otherwise expressly provided by Techgrapher, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Techgrapher ‘s intellectual property rights, whether by estoppel, implication or otherwise. Contact us if you have any questions about obtaining such licenses. Techgrapher does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by Techgrapher. Any rights not expressly granted herein are reserved by Techgrapher.
XXV. ENTIRE AGREEMENT
This agreement constitutes the entire and whole agreement between user and Techgrapher and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Techgrapher and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. It is your responsibility to review these Terms and Conditions periodically.
By using Techgrapher services or accessing the Techgrapher site, you acknowledge that you have read these terms and conditions and agree to be bound by them.
XXVI. CANCELLATION AND REFUND POLICY
We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates.
However, there may arise situations when you desire a refund. Firstly, when you pay for the services but later on decide that you do not wish to avail them. Secondly, when there is a delay in the services offered from our side, beyond the time frame we have intimated to you, due to human error i.e., factors for which we are solely responsible. Thirdly, although we highly doubt it, you might find our services unsatisfactory. In all three situations, kindly send in an e-mail to email@example.com. We would like to clarify that only refunds of the professional fees component of the charges paid by you shall be considered for a refund.
Upon receiving your mail, the Senior Management at Techgrapher shall decide on whether your request for a refund should be processed, contingent on the reasons for such a request. Please note that we reserve the right to take the final and binding decision with regard to requests for a refund.
Most importantly, we wish to clarify that in cases outside our control, including but not limited to national holidays, department holidays, delays on the part of the Government of India, the respective State Governments, Our affiliates or elsewhere, acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, power disruption, lack of phone network connectivity, technical failures, breakage of sea cable, hacking, piracy, we shall not liable for any delays.
If we confirm your request for the refund, subject to the terms and conditions mentioned herein or elsewhere, we will send you an e-mail seeking the details required to refund the amount which may include your Bank Account details such as the account number and the IFS code of the branch in question. Kindly note that it will take us a minimum of about 48-72 working hours from the receipt of all such information to process the refund and initiate the transfer.
We reiterate once again that only the professional fees paid for our services shall be refunded, subject to the discretion of the Senior Management at Techgrapher.
We assure you that we are continuously working to improve our services and are we are welcome to any suggestions from your end. For any other queries please contact our customer service desk at firstname.lastname@example.org
We appreciate your interest and support and we welcome you to our community!