TERMS AND CONDITIONS OF USE
1. PREAMBLE, OWNERSHIP & STATUTORY COMPLIANCE
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder. This agreement is generated by a computer system and does not require physical or digital signatures.
Lawcription™ is a digital platform and brand operated under Healthcription, owned by Mrs. Poulomi Debnath. These Terms and Conditions (“Terms”) constitute a legally binding and enforceable contract between the User and Healthcription (operating as Lawcription™) (“Owner”, “We”, “Us”, “Our”). All services, payments, and legal obligations are undertaken by Healthcription.
Accessing or using the Lawcription™ mobile application (“App”), operated by Healthcription, implies an unconditional acceptance of these Terms, drafted in strict consonance with:
- The Bharatiya Nyaya Sanhita, 2023 (and the erstwhile Indian Penal Code, 1860).
- The Indian Contract Act, 1872.
- The Digital Personal Data Protection Act, 2023.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- The National Medical Commission (Professional Conduct, Etiquette and Ethics) Regulations, 2023.
2. DEFINITIVE INTERPRETATION
- "App": Refers to the Lawcription™ mobile application (operated by Healthcription), its user interface, source code, and integrated services.
- "Content": Includes, but is not limited to, medico-legal templates, statutory summaries, case law analyses, and educational modules.
- "User": Any natural or legal person who downloads, installs, or browses the App.
- "Healthcare Professional": A practitioner registered with the National Medical Commission (NMC) or State Medical Councils.
3. DECLARATION OF COMPETENCY
By accessing the App, the User represents and warrants that:
- They possess the legal capacity to enter into a binding contract under Section 11 of the Indian Contract Act, 1872.
- All information provided during registration is veracious, current, and complete.
- Any misrepresentation shall be subject to prosecution under Sections 318 & 319 of the Bharatiya Nyaya Sanhita, 2023 (Cheating and Impersonation).
4. SCOPE OF SERVICES & LEGAL DISCLAIMER
Lawcription™, operated by Healthcription, operates strictly as an Educational Resource and Compliance Support Tool.
- No Attorney-Client Privilege: Use of this App does not establish a lawyer-client relationship.
- Informational Nature: The content provided is for informational purposes and does not constitute legal advice.
- Professional Responsibility: Medico-legal templates are "standardized drafts." Users are mandated to exercise professional discretion and consult independent legal counsel for specific litigation or advisory matters.
- No Medical Practice: Lawcription™, operated by Healthcription, does not engage in the practice of medicine or provide clinical diagnostic services.
5. INTELLECTUAL PROPERTY & PROPRIETARY RIGHTS
The App and its entire contents (text, graphics, logos, and software) are the exclusive Intellectual Property of Lawcription™, operated by Healthcription, protected under the Copyright Act, 1957 and Trademarks Act, 1999.
- License Grant: Users are granted a revocable, non-exclusive, non-transferable license for personal/professional reference only.
- Restrictive Covenant: Any attempt to reverse-engineer, scrape, redistribute, or commercially exploit the Content without prior written consent shall result in immediate termination and suit for damages.
6. FINANCIAL OBLIGATIONS & REFUND POLICY
- Consideration: Subscription fees are inclusive of all applicable taxes.
- Finality of Sale: Given the digital and "consumable" nature of the content, all payments are final and non-refundable.
- Statutory Exceptions: Refunds shall only be processed in cases of documented technical failure where the service was not rendered, within 7–14 business days through the original payment source.
7. DATA PRIVACY & THE DPDP ACT, 2023
Healthcription (operating as Lawcription™) acts as a Data Fiduciary. By using the App, the User consents to the processing of personal data as per our Privacy Policy.
- User Rights: In accordance with the DPDP Act, 2023, Users may exercise their right to summary, correction, and erasure of personal data.
- Confidentiality: Lawcription™, operated by Healthcription, employs industry-standard encryption. However, the User is cautioned against uploading sensitive patient-identifiable information (PII) that violates patient confidentiality norms.
8. INDEMNITY AND LIMITATION OF LIABILITY
- Indemnification: The User agrees to indemnify, defend, and hold harmless Healthcription (operating as Lawcription™) from any claims, losses, or legal expenses arising out of the User’s breach of these Terms or misuse of medico-legal templates.
- Limitation of Liability: In no event shall the aggregate liability of Healthcription exceed the total subscription fee paid by the User in the twelve (12) months preceding the claim.
- Excluded Damages: We are not liable for any indirect, incidental, or consequential damages (including loss of professional reputation).
9. DISPUTE RESOLUTION & JURISDICTION
- Governing Law: This agreement is governed by the substantive and procedural laws of the Republic of India.
- Arbitration: Any dispute arising out of this agreement shall be referred to a Sole Arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
- Seat and Jurisdiction: The seat of arbitration and exclusive jurisdiction for all matters shall be Kolkata, West Bengal.
10. GRIEVANCE REDRESSAL
In compliance with the Information Technology Rules, 2021, all grievances or legal notices must be addressed to the Grievance Officer at:
- Email: lawcriptionadmin@gmail.com
ADVISORY NOTE
Continued use of the App, Lawcription™, operated by Healthcription, following any amendments to these Terms constitutes "Deemed Acceptance". Users are advised to review this section periodically.