Why you should do digital marketing cautiously?

These days we see lot of digital marketing companies and freelancers which are doing excellent job in running marketing campaigns.

But what a customer of these digital marketing companies don’t know that they may be under a risk of serious legal liabilities because of digital marketing campaigns. Like any other advertisements, digital marketing is also considered as normal advertisement. so are subject to certain laws. Under the consumer protection act and competition act, they can be subject to unfair trade practices if the digital marketing campaign is misleading. Under contract act also serious liabilities may arise if the digital marketing campaigns have a theme of an offer not an invitation to offer.

Here are the few tips to mitigate risks.

1. Never send intrusive messages.

2. Express consent of consumer required before selling/sharing consumer data.

3.Use full disclosure to conduct direct selling or promotions.

4. Never conceal any activity under the pretext of advertising. Like when user clicks on any advertisement then it should not initiate any surprise activity like downloading a file.

For more such legal mitigation solutions for your start up.

Contact

Nitish Banka
TechnoLegal Professional
B.E LLB(HONS)
nitish788@gmail.com

Send me query-: Here

Why your E-Commerce Terms & Conditions are useless.

Are you an E commerce start up? Having terms and conditions on your webpage is mandatory part on webpage, But do you know what’s its legal sanctity and why it is useless on your site?

Like any other transaction the E-commerce transactions are akin to the sale of good transaction in the real world. Now in order to bind your customers into the general contract you need to mention t & c to him.

But due to lack of awareness many E-Commerce websites are putting the hyperlink of t&c at the bottom of the page prima facie hidden from the customer. What courts are interpreting is that the transaction may not bind the customer(since t&c are at bottom of your webpage) with the general contract, which is a loosing ground for e commerce websites given huge consumer base and risking huge liabilities.

The solution to this issue is simple alert the consumer about your t&c. By putting pop usc, t&c link on final landing page and the most efficient and effective way is taking assent from the consumer by putting I agree/Decline buttons at the final landing page.

For more such legal mitigation solutions for your startup.

Contact

Nitish Banka
TechnoLegal Professional
B.E LLB(HONS)
nitish788@gmail.com

Send me query-: Here

Essentials of Turnkey Agreements for Start ups.

Wishing to enter into an agreement with computer hardware/software vendor
If you are a startup these are the essentials you should keep in mind before entering Turnkey agreements.
1. The purpose of this agreement is for purpose of fully operational computer system.
2. Parties to this agreement customer & supplier.
3. 48 clauses[43 general clauses , 5 specific clauses].

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4.Under an agreement,the supplier agrees to furnish customer fully operating system.
5.The supplier agrees to device an operational system along with certified progressing operational manual.
6. The customer agrees to provide facilitating environment for installation.
7 Both parties assign authorized representatives.
8. The customer accepts the system after it is tested.
9. The supplier shall provide training for use of system.

If you need legal assistance for drafting turnkey agreements feel free to contact.
Nitish Banka
TechnoLegal Professional
B.E LLB(HONS)
nitish788@gmail.com

Send me query-: Here

Rash and negligent driving

Rash and negligent driving

Section 279 of IPC covers rash and negligent driving for prosecution of cases where driver of the motor vehicle likely to injure or endangers human life. Main constituent of this section are

  • Rashness
  • Negligence

Rashness is an act of haste, this means doing an act without foreseeing the consequences of the act.

Negligence on the other hand is an omission to do something which a reasonable man, guided upon these considerations which ordinarily regulate the conduct of human would do, or doing something which a prudent man would not do.

The main ingredient of section 279 combining both rashness and negligence is the material foreseeability of danger and not the manner in which danger materialized in fact. A reasonable man would so regulate his conduct as to avoid producing any undesirable result.

In order to establish foreseeability, the claimant must prove that the driver did not stick to the standard of care in driving, which is expected from a reasonable person. A reasonable man who drives a motor car on a highway would have the skill of a competent driver. The question to be asked is “what does a lay man think to the cause of accident”?

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