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Terms of Use

This document provides the terms of use (“Terms of Use”) which governs your access to our websites located at nogrey.legal, or app.willit.legal or such other website where we make available to you our Application(s) and other features and technologies (“Website”). These Terms of Use are executed between you and The Public Policy Advocates or No Grey Private Limited, a company incorporated under the Companies Act, 2013 (together hereinafter referred to as “we”, “us”, “No Grey” and “our”). No Grey is a legal services operating system designed by integrity driven lawyers. The Public Policy Advocates is an associated entity of No Grey Private Limited.

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These Terms of Use constitute a binding agreement between you and No Grey. By accessing, using and/or registering on our Website, you understand and agree to be bound by these Terms of Use and the privacy policy as provided for on the Website, which addresses how we handle and protect your Personal Information and Sensitive Personal Data (“Privacy Policy”) and related documents and any modifications or amendments made thereto by No Grey from time to time, at its sole discretion. The Terms of Use and Privacy Policy shall collectively be referred to as the “Terms”. If you do not agree to the Terms you are not authorized to use the Website and/or the Application(s).

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By accessing, browsing and/or using the Website and/or our Application(s), you shall be deemed to have provided your unequivocal acceptance of the Terms. You expressly acknowledge and agree to be bound by the Terms, regardless of whether or not you have registered yourself on the Website.

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BY ACCESSING OR USING THE WEBSITE, AND/OR OUR APPLICATION(S), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE AND/OR OUR APPLICATION(S).

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Definitions:

 

“Applicable Law” (*applicable laws) includes but is not limited to all statutes enacted by the central and state legislature, ordinances, rules, regulations, guidelines, policies, byelaws, notifications, directions, directives, orders, governmental restrictions, governmental approvals of the Republic of India.

 

“Application(s)” means and refers to the Will It Application (defined below) and any other html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to the Users by No Grey.

 

“Content” means all information that is created, uploaded, posted and/or stored on the Website including all text, material, graphics, documents, images, software, that may be in audio, video, graphic, recorded information or other format designed and includes content curated to provide answers to frequently asked questions and made available on the Website and/or through the Application(s).

 

“Intellectual Property or IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

 

“Intellectual Property Rights” or “IP Rights” include any and all now known or hereafter existing: (i)  rights associated with works of authorship worldwide, including exclusive exploitation rights, copyrights, moral rights, derivative works and adaptations from the source code and mask works; (ii)  trademark, trade name and company name rights; (iii) trade secret rights; (iv) patents, designs, algorithms, and other industrial property rights and additions thereto; (v) other Intellectual Property and proprietary rights of every kind and nature, throughout the universe, whether arising by operation of law, by contract or license, or otherwise; and (vi) all registrations, applications, renewals, extensions, combinations, divisions, or reissues of the foregoing.

 

“Party” refers individually to you and No Grey.

 

"Parties" refers to both you and No Grey jointly.

 

“Personal Information” means any information that relates to a natural person, which is capable of identifying a person either directly or indirectly, in combination with other information available or likely to be available. Such Personal Information includes both directly identifiable information such as your name, address, identification number, phone number, and includes any other information by which you may be personally identified and includes indirectly identifiable information such as IP addresses, cookies and third party’s cookies.

 

“Maintenance Fees” has the meaning ascribed to it as under Clause 1.5 of these Terms of Use.

 

“No Grey Account” means the account created by the User by registering on the Website to avail the Application(s).

 

“No Grey Certified Lawyer” means a lawyer who is trained, certified and/or retained by No Grey to provide services to the User.

 

“Sensitive Personal Data" with respect to a person means such Personal Information which consists of information relating to: 

 

i. password; 

ii. financial information such as bank account or credit card or debit card or other payment instrument details; 

iii. physical, physiological and mental health condition;

iv. sexual orientation.

v. medical records and history;

vi. biometric information; 

vii. any detail relating to the above clauses as provided to us for providing our Application(s) and services; and 

viii. any of the information received under above clauses by us for processing, stored or processed under lawful contract or otherwise.

 

“Subscription Fees” shall have the meaning ascribed to it in Clause 4.1 of these Terms of Use.

 

“User” capitalized or otherwise, means any person who accesses the Website and/or avails the Application(s), whether such person is acting personally or on behalf of any other person or entity.

 

“User Content” means any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted and stored on or through the Website by the User and includes (without limitation) the recorded online will signing video of the User.

 

“Will It Application” shall have the meaning ascribed to it in Clause 2.1 of these Terms of Use.

 

“You” capitalised or otherwise, means the User. “Your” capitalised or otherwise, has a corresponding meaning.

 

1          No Grey Account Registration

 

1.1        In order to access Website and/or use the Application(s), you must first choose a subscription plan of your choice and create a No Grey Account by signing up. We offer different subscription plans for each of our Application(s) on our Website.

 

1.2        Once you have chosen your subscription plan you can create your No Grey Account. You understand and agree that you will be responsible for creating a password for your No Grey Account and will be responsible and liable for all activities conducted under your No Grey Account.

 

1.3        Once you have successfully created your No Grey Account you will be required to verify your email address. Upon email verification, you can login into your No Grey Account, pay the Subscription Fees (defined below) depending upon the subscription plan chosen by you. Upon payment of the Subscription Fees, you will have access to the features of the Application(s) availed by you on the dashboard.

 

1.4        Your No Grey Account and associated profile page will be generated for your use of the Application(s) based on the information you provide to us. You agree to provide accurate, current and complete information during the registration process, while filling out any forms on the Website and while consulting with a No Grey Certified Lawyer and you agree to update such information associated with your No Grey Account from time to time.

 

1.5        Once you successfully register with us, you will have access to your No Grey Account for a period of one (1) year from the date of creation of your No Grey Account. Post expiry of one (1) year, if you would like us to host your No Grey Account for a longer period of time, you will need to contact us. You understand and agree that this additional service will be subject to your payment of additional fees for maintenance of your No Grey Account (“Maintenance Fees”). If you fail to pay the Maintenance Fees, your No Grey Account will be deactivated.

 

1.6        You agree to immediately notify us of any suspected unauthorized use of your No Grey Account. We cannot be held liable for any loss or damage arising from activities conducted under your No Grey Account including any unauthorized use of your No Grey Account.

 

2          Description of our Application(s)

 

2.1        Our Will It Application includes:

 

a)          Creation, storage and execution of your legally enforceable will;

b)          Appointment of executor;

c)          Formation of trust of assets;

d)          Amendment of will;

e)          Appointment of guardian for your minor children;

f)          Creation, storage and editing of your list of assets;

 

Additionally you will have access to:

 

  1. 2 free consultations annually;

  2. Unlimited paid access to a No Grey certified lawyer;

  3. Comprehensive legal FAQ’s

  4. Paid access to execution services (available on request);

  5. Paid access to trusteeship services (available on request);

  6. Paid access to registration of will (available on request).

 

hereinafter collectively referred to as the "Will It Application".

 

2.2        The detailed description including the subscription plans for each of our Application(s) shall be displayed on the Website.

 

2.3        We reserve the right to:

 

(i) introduce new Application(s) and/or subscription plans;

(ii) modify any of the Application(s) and/or subscription plans; and

(iii) discontinue any of the Application(s) and/or subscription plans.

 

You will be given prior notice (through email or through notification to your No Grey Account on the dashboard) with respect to any changes to or discontinuance of the Application(s) and/or subscription plans availed by you. Your continued usage of the Application(s) shall be deemed to be your acceptance of such changes.

3           User’s obligations with respect to the Will It Application

 

You understand and agree that where you avail the Will It Application, you are required to furnish all your details in the list of assets form and will form in the format provided to you. We have shared general and specific guidelines with you on how to efficiently fill out your details in the forms to generate your will. You are obligated to read these guidelines before filing out your details on the Website.

 

4          Subscription Fees

 

4.1        The subscription plans and corresponding fees for each of our Application(s) are as displayed on the Website and are exclusive of applicable taxes. You are required to select a subscription plan and pay a one-time subscription fee in advance, at the time of creation of your No Grey Account (“Subscription Fees”). Please note that the Subscription Fees may vary depending upon the subscription plan chosen by you. At present, we are offering the Will It application subscription for a fee of Rs. 5,000/- (Rupees Five Thousand Only).

 

4.2        Should you wish to consult with a No Grey Certified Lawyer, you will be required to pay a consultation fee, in advance, at the time booking an appointment (“Consultation Fees”). The Consultation Fee is Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) for upto 45 (forty-five) minutes of legal consultation. In the event you opt to avail any other additional services and/or features for any of the Application(s), as may be made available to you from time to time, you will be required to pay additional charges. We will notify you of the additional charges at the time you choose to avail such services/features.

 

4.3        You understand that your Personal Information and Sensitive Personal Data, to the extent consisting of details relating to the manner and mode of payment of the Subscription Fees for the use of our Application(s) (such as details of your bank account, credit card, debit card, net banking, etc.), submitted by you while making payment of Subscription Fees: (a) goes through the safe and secure transaction process provided by our payment gateway partners; (b) goes through the Visa or Mastercard pages, as the case may be, based on your payment method/(s) in order to prevent any misuse of your payment details; and (c) that such payment details are not shared with us. It is clarified that we do not capture or store your credit/debit card information.

 

4.4        We reserve the right to amend the Subscription Fees, Consultation Fees, Maintenance Fees and any other charges with respect to our Application(s) and services at any time and at our sole discretion. You will be given prior notice with respect to such amendments and your continued usage of the Application(s) and services shall be deemed to be your acceptance of the changes.

 

4.6        The Subscription Fees, Consultation Fees, Maintenance Fees and any other charges paid by you will be non-refundable and non-cancellable irrespective of whether or not you access and/or use the Application(s).

 

6          Intellectual Property Rights and Ownership

 

6.1        You acknowledge and agree that No Grey owns and reserves the right, title and interest in the Website, Application(s), No Grey Materials (defined below) and Content.

 

6.2        You will not directly or indirectly copy or reproduce all or any part of the Website and/or No Grey Materials and/or the Application(s) and/or the Content, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You will not resell, reproduce, publish, re-transmit, distribute, commercially exploit or create derivative works of the Website, No Grey Materials, Content and/or the Application(s) thereof. You acknowledge and agree that you will not modify, reproduce, distribute, create any derivative works of, make use of, publicly display or in any way exploit, any of the Application(s), Content, software, trademarks, logos, materials or other Intellectual Property or proprietary information accessible through the Website and/or through the Application(s), in whole or in part, without the prior written consent of No Grey. You have no express or implied rights to use, in any manner whatsoever, the Content, software, trademarks, logos, and/or materials made available on the Website or made accessible through our Application(s).

 

6.3        You understand and agree that No Grey only grants you a revocable, non-exclusive, non-transferable, limited permission to use the Website and the Application(s) for the duration of the Term (defined below), subject to these Terms of Use.

 

6.4        You understand and agree that No Grey shall not be restricted from: a) collecting, storing, analysing and using the data related to your use of the Website and Application(s) and b) analysing your data including your Personal Information and Sensitive Personal Data on a Pseudonymised Basis (defined below) for the purposes of improving the User experience, enhancing the capabilities of the Website, Application(s) and services rendered on the Website, tracking your usage of the Website and Application(s), tracking Website performance and for the development of the Website and Application(s). Such data shall be No Grey’s Intellectual Property.

 

For the purposes of this clause, the term Pseudonymised Basis means the processing of your Personal Information and Sensitive Personal Data in a manner that it can no longer be attributed to or associated with a specific person without the use of additional information.

 

6.5        If any person including any competitor of No Grey infringes the Intellectual Property Rights of No Grey then we shall take strict action including any legal course available under law to us against such a person.

 

6.6        Unless otherwise agreed between the Parties, No Grey does not claim any ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that the User may have to use or exploit its User Content.

7          Disclaimers

 

We disclaim all representations or warranties or conditions of interrupted or error free access or use of the Website and/or the Application(s).

 

8          No Resale of Documents

 

The User shall have access to the guidelines, forms, legal documents and other materials (“No Grey Materials”) developed by or offered by No Grey through its Website and the Application(s). The User agrees that the No Grey Materials will only be used by the User for the User’s personal or business use only and the User is prohibited from selling or redistributing the No Grey Materials to any person without the express prior written consent of No Grey. It is clarified that No Grey owns the Intellectual Property in the No Grey Materials at all times for all purposes throughout the world.

 

9          Third Party Service Providers

 

9.1        You understand and agree that when you use the Website, there may be certain links which may direct you to another website (hereinafter referred to as the “Third Party Website”). The manner in which your information is collected and/or used by such Third Party Website is governed by the terms of use and privacy policy of the respective Third Party Website. We urge you to acquaint yourself with the policies of every such Third Party Website.

 

9.2        Please be aware that we are not responsible for the privacy practices or content of the Third Party Website. You acknowledge and agree that No Grey shall not be held responsible or liable for: (i) the accuracy, completeness or usefulness of such Third Party Website; or (ii) the content, products, or services on or available from such Third Party Websites.

 

10         Representation and Warranties of the User

 

10.1      You shall not, directly or indirectly attempt to gain unauthorized access to the Website, Application(s), No Grey Materials, or other No Grey account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

10.2      You understand and undertake that you shall be solely responsible for the Personal Information and Sensitive Personal Data and undertake to not upload, transmit host, display, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the User does not have any right;

  2. is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

  3. is harmful to children;

  4. infringes any patent, trademark, copyright or other proprietary rights; 

  5. violates any law for the time being in force;

  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

  7. impersonates another person;

  8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

  9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

 

10.3      The User understands and agrees that No Grey reserves the right to remove and/or edit any such information covered in Clause 10.2 and/or delete your No Grey Account at any time at its sole discretion.

10.4      You agree to indemnify and keep harmless No Grey and its affiliates from and against any and all claims allegations, actions, proceedings, demands, or costs brought against No Grey or its affiliates by any third parties, arising out of or in connection with a breach of these Terms of Use by you.

 

11         Confidentiality

 

During the course of your use of our Website and/or the Application(s), you may receive certain information relating to No Grey or our Application(s), that is not known to the general public (hereinafter referred to as "Confidential Information"). You agree that: (i) all Confidential Information will remain No Grey’s exclusive property at all times; (ii) you shall keep the Confidential Information strictly confidential and will not, without our prior written consent, disclose any Confidential Information to a third-party in any manner whatsoever; (iii) you shall not use the Confidential Information in any manner (whether for yourself, or any other person or entity, or otherwise) other than solely for using the Application(s) and the Website; (iv) no rights whether expressed or implied is granted to you in the Confidential Information, other than to use the Confidential Information in a manner and to the extent authorized under these Terms; and (v) you shall use the same degree of care in protecting the Confidential Information of No Grey as you would to protect your own Confidential Information from unauthorized use, disclosure or dissemination, but in no event less than reasonable care.

 

12         Survival

 

Notwithstanding anything else contained in these Terms, you agree that clauses 6 (Intellectual Property Rights and Ownership), 7 (Disclaimers), 8 (No Resale of Documents), 10 (Representations and warranties of the User), 11 (Confidentiality),14 (Dispute Resolution, Governing Law and Jurisdiction), 15 (Amendment to the Terms), 16 (Assignability), 17 (Severability), 18 (Notices), 19 (Waiver), 21 (Relationship of Parties) and 22 (Data Protection and Privacy) will survive and remain in effect even after the Terms are terminated.

 

13         Term and Termination

 

13.1      These Terms shall be effective from the time you access or use the Website, and/or the Application(s) until terminated in accordance with these Terms.

 

13.2      You may terminate the No Grey Account at any time by sending us an email to admin@nogrey.legal. 

 

13.3      No Grey may immediately, without notice to you, at its sole discretion, may suspend, deactivate or cancel your No Grey Account and/or your access to the Website and/or the Application(s) if (i) you have breached these Terms; (ii) you have provided any inaccurate, fraudulent, outdated or incomplete information during the No Grey Account registration, or thereafter; (iii) you have used the Website and/or Application(s) in a manner that violates applicable laws, regulations or third party rights, or threatens the security of the Website, Applications(s) and/or other Users on the Website (iv) you fail to pay the Maintenance Fees.

 

14         Dispute Resolution, Governing Law and Jurisdiction

 

Any complaint or dispute can be raised in writing to our team at admin@nogrey.legal. These Terms shall be governed by and construed in accordance with the laws of India and the courts of Goa shall have exclusive jurisdiction over any disputes arising between the Parties. 

 

15         Amendment to the Terms

 

We reserve the right to revise, modify, or update the Terms from time to time and the most current version will be posted on our Website. If a revision, in our sole discretion, is material, we will notify you by e-mail or through any other means of communication. Other revisions may be updated only on the Website and you are responsible for checking such postings regularly. By continuing to use the Website and/or the Application(s) after revisions become effective, you agree to be bound by the revised Terms. The revised Terms shall supersede all prior versions. If you do not agree to the revised terms, you may terminate the Terms in accordance with Clause 13.2 above.

 

16         Assignability 

 

You shall not assign, sub-licence or otherwise transfer any of your rights or obligations under these Terms to any other party, unless a prior written consent is taken from us. Any attempted transfer or assignment by you in violation hereof shall be considered as null and void. We shall have the right to assign or transfer the Terms without requiring your prior approval. 

 

17         Severability

 

If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and conditions of these Terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

 

18         Notices

 

Any notice given by either Party to the other must be in writing, by email, or by electronic communication via the Website and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient. Notices to No Grey must be sent by email to admin@nogrey.legal or to any other email address notified by email to you by No Grey, or by electronic communication via the Website from time to time for such purpose. 

 

19         Waiver

 

No waiver of any terms of these Terms shall be treated as a further or continuing waiver of such term or any other term and No Grey’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

20         Grievance Officer  

 

In the event you have any grievances or questions about the Website, Application(s) its contents or if you wish to know more about how your Personal Information and Sensitive Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of the grievance/complaint.     

 

                     Name: Pritika Kumar

                     Email ID: pritika@nogrey.legal

21         Relationship of Parties

 

You acknowledge and agree that nothing in these Terms shall cause or constitute the Parties to be partners, agents or employees of each other. You will have no authority to make or accept any offers or representations on our behalf. The Terms will not create an exclusive relationship between you and us.

 

22         Data Protection and Privacy

 

22.1      Use of the Website and the Application(s) are also governed by the Privacy Policy. We only use your Personal Information and Sensitive Personal Data for the purposes as described in the Privacy Policy. If you object to the Privacy Policy in any way, please do not use the Website and/or the Application(s).

 

22.2      You hereby agree that No Grey has the right to collect, store, use and/or analyse your Personal Data and Sensitive Personal Data in the manner as set forth in the Privacy Policy.

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