Who is HiR Consulting?
HiR Consulting is the author and publisher of the software
Advocate-diary.com, and all variants, editions, add-ons, and ancillary products
or services of Advocate-diary (including all files and images contained in or
generated by the software, and accompanying data, together the “Software”).
Advocate-diary Software is used at by Advocates and their staff to find, manage
and organise information including but not limited to personal or non-personal
information, case information, appointments, and accounting details. All users
of the Advocate-diary Software - the Advocates, and the visitors of Website are
together termed as “Users”.
which can be found on the website, constitute a legal and binding contract
between you the User of the one part, and HiR Consulting of the other Part (the
“Agreement”) providing, among other things, the terms and conditions for use of
subscription services, primarily a web based practice management software hosted
and managed remotely through the Website. The site www.Advocate-diary.com is
owned and operated by HiR Consulting.
2.2 You must be 18 years of age or older to register, use
this Software, or visit or use the Website in any manner. By registering,
visiting the Website or accepting this Agreement, you represent and warrant to
HiR Consulting that you are 18 years of age or older, and that you have the
right, authority and capacity to use the Website and the Software available
through the Website and agree to and abide by this Agreement.
2.3 The Agreement is published in compliance of, and is
governed by the provisions of Indian law, including but limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act,
the rules, regulations, guidelines and
clarifications framed thereunder, including the (Indian) Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information
Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2.4 A condition of the User’s use of and access to the
Website and the Software available through the Website provided by HiR
Consulting to Users (together with the Website, the “Services”) is the User’s
acceptance of this Agreement. Any User that does not agree with any provisions
of the same is required to leave this computer resource / the Website
immediately and immediately discontinue use of all Services.
2.5 HiR Consulting recommends that you must read the terms of
use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO
2.6 HiR Consulting authorizes
the User to view and access the content available on or from the Website solely
for ordering, receiving, delivering and communicating only as per this
Agreement. The contents of the Website, information, text, graphics, images,
logos, button icons, software code, design, and the collection, arrangement and
assembly of content on the Website (collectively, "HiR Consulting Content"), are
the property of HiR Consulting and are protected under copyright, trademark and
other laws. User shall not modify the HiR Consulting Content or reproduce,
display, publicly perform, distribute, or otherwise use the HiR Consulting
Content in any way for any public or commercial purpose or for personal gain.
2.7 Multiple people are not permitted to share the
2.8 If you are an employee, consultant, intern or are in any
way associated to the Advocate that has subscribed to the Services and the
subscribing Advocate has authorized you to use the Services, this Agreement is a
three-way agreement between you, the Advocate and HiR Consulting. Both the
Advocate and HiR Consulting may seek recourse against you for any violation of
the terms of this Agreement.
2.9 Users may not transfer (including by way of sublicense,
lease, assignment or other transfer, including by operation of law) their user
name or right to use the Service to any third party. You, the User, are solely
responsible for the way anyone you have authorized to use the service uses the
Services, and for ensuring that all of your such users comply with all of the
terms and conditions of this Agreement. Any violation of the terms and/or
conditions of this Agreement by any such user shall be deemed to be a violation
thereof by you.
access Software features using native mobile applications published by HiR
Consulting including and limited to its applications for devices running on iOS
Software using such mobile applications.
Services and use of Website
3.1 HiR Consulting provides Software through the Website, a
case management solutions as a Software as a Solution (SaaS) model. The details
of the Software are provided here
www.Advocate-diary.com . HiR Consulting is not responsible for
and does not deal with any of Advocate’s client managed by User through the
Website and only provides Services to User through the Website. Use of the
Website may require the User to use Software provided by or operated from the
Website, and on occasion HiR Consulting may make certain software available to
User from the Website. To the extent User uses such software or downloads such
software from the Website, the software, will be deemed to be licensed to User
by HiR Consulting, for providing Services to User and enabling User to use those
Services only. HiR Consulting does not transfer either the title or the
intellectual property rights to the Software, and HiR Consulting (or its
licensors) retain full and complete title to the Software as well as all
intellectual property rights therein. User agrees to use the Website and the
materials provided therein only for purposes that are permitted by: (a) this
Agreement; and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions.
3.2 HiR Consulting also offers a free trial offer of
Services. During the trial period User will get to experience all the features
of the Services. Users of the Services during the trial period are bound by the
terms of this Agreement. Any data User enters into the Services, and any
customizations made to the Services by or for User, during User’s free trial
will be permanently lost unless the User upgrades his/her/its subscription to
one of the User Plans, available at
www.Advocate-diary.com. HiR Consulting does not provide any
warranty as mentioned in this Agreement during the trial period, including our
3.3 User shall not access the Services if the User is HiR
Consulting’s direct competitor, except with HiR Consulting’s prior written
consent. In addition, the User shall not access the Services for purposes of
monitoring their availability, performance or functionality, or for any other
benchmarking or competitive purposes.
3.4 HiR Consulting will provide to the User basic support for
the Services at no additional charge, and/or upgraded support if purchased
separately and will use commercially reasonable efforts to make the Services
available 24 hours a day, 7 days a week, except for (i) planned downtime (of
which HiR Consulting shall give at least 8 hours notice via the Services and
which HiR Consulting shall schedule to the extent practicable during the weekend
hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian
Standard Time (IST) Monday), or (ii) any unavailability caused by circumstances
beyond HiR Consulting’s reasonable control, including without limitation, acts
of God, acts of government, flood, fire, earthquakes, civil unrest, acts of
terror, strikes or other labor problems, or internet service provider failures
or delays. HiR Consulting will provide the Services only in accordance with
applicable laws and government regulations.
3.5 The Services may be subject to certain limitations, such
as, limits on disk storage space, on the number of calls Users are permitted to
make against HiR Consulting’s application programming interface, and, other
limitations dependent on the User Plan, for example, number of SMS, number of
appointments, number of users or accounts, validity of subscription. Any such
limitations are specified in the User Plans. The Services provide real-time
information to enable User to monitor such User’s compliance with such
3.6 Notwithstanding anything to the contrary contained
herein, Advocate alone shall be liable for Advocate’s dealings and interaction
with clients contacted or managed through the Services and HiR Consulting shall
have no liability or responsibility in this regard. HiR Consulting does not
guarantee or make any representation with respect to the correctness,
completeness or accuracy of the information or detail provided by clients or any
third party through the Services.
3.7 HiR Consulting may, at its sole discretion, suspend
User’s ability to use or access the Website at any time while HiR Consulting
investigates complaints or alleged violations of this Agreement, or for any
3.8 HiR Consulting reserves the right to curate Advocate
information available in its Website to improve the quality of information and
to make them more suitable for Users who use the Website. In case Users find any
wrong information on the Website in relation to themselves, they can rectify it
themselves or contact HiR Consulting immediately for rectifications. HiR
Consulting shall have no liability or responsibility in this regard.
3.9 Certain Services (including ancillary products or
services) may be subject to additional limitations, restrictions, terms and/or
conditions specific to such Services or Software (“Specific Terms”). In such
cases, the applicable Specific Terms will be made available to you and your
access to and use of the relevant Services or Software will be contingent upon
your acceptance of and compliance with such Specific Terms.
3.10 HiR Consulting reserves the right to add new
functionality, remove existing functionality, and modify existing
functionality to its Services as and when it deems fit, and make any such
changes available in newer versions of its Software or Website or both at its
discretion. All Users of its Services will be duly notified upon release of such
newer versions and HiR Consulting reserves the right to automatically upgrade
all Users to the latest version of its Services as and when it deems fit.
3.14 Payment, Fees and Taxes:
The User agrees to pay all subscription fees, consulting fees
and other fees applicable to User’s use of Services and the User shall not
circumvent the fee structure. The fee is dependent on the User Plan that User
purchases and not on actual usage of the Services. The subscription fee is
Each User / member is solely responsible for payment of all
taxes, legal compliances, statutory registrations and reporting. HiR Consulting
is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on
the Website. Third parties support and services are required to process online
fee payment. HiR Consulting is not responsible for any loss or damage caused to
User during this process as these third parties are beyond the control of HiR
The fees could also be paid offline and be either collected
personally from the User or required to be mailed to HiR Consulting.
All fees are exclusive of taxes. Service Tax of 12.3% is
levied on every purchase as applicable.
The payment process would be considered to be complete only
on receipt of the amount to HiR Consulting's designated bank account.
Fees not received within the specified due dates attract late
charges of 18% per annum from the due-date of payment, which may be levied at
HiR Consulting's sole discretion.
HiR Consulting reserves the right to modify the fee structure
by providing a 30 (thirty) days’ prior notice, either by notice on the Website
or through email to the authorized User, which shall be considered as valid and
In order to process the payments, HiR Consulting might
require details of User’s bank account, credit card number etc. Please check our
the confidential information provided by Users.
Notwithstanding anything to the contrary contained herein, in
case the payments are made by a User through credit card, invoice for subsequent
subscription period/renewals shall be generated 10 (ten) days prior to the
expiry of the existing subscription period and an email will be sent to the
email id of such User registered with HiR Consulting intimating such User about
expiration of the current subscription period and that the credit card of such
User registered with HiR Consulting will be charged automatically against
payment of subscription fee for subsequent subscription period, along with a
copy of the invoice for the subsequent subscription period/renewal. Subject to
the provisions of section 8.2 below, if a User is not willing to continue or
renew the subscription of Services, the same shall be communicated to HiR
Consulting within 5 (five) days of receipt of such intimation from HiR
Consulting. In the absence of such intimation to discontinue the subscription,
HiR Consulting shall be entitled to charge the credit card of the User
registered with HiR Consulting on the day the current subscription period
HiR Consulting shall send an intimation of receipt of fee
from the Users through an email within 3 (three) working days of receipt of fee
from such User.
In case of non-payment of any fee beyond the date a payment
becomes overdue (overdue date), HiR Consulting reserves the right to take all of
the following actions as it deems appropriate
discontinue the Services to the User anytime
after 30 (thirty) days from the overdue date.
delete all information in User’s account
anytime after 90 (ninety) days from the overdue date.
Collection, Use, Storage and Transfer of
4.1 The terms “personal information” and “sensitive personal
data or information” are defined under the SPI Rules, and are reproduced in the
The type of information collected from Users, including
sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom HiR Consulting will disclose such
4.3 The User is expected to read and understand the privacy
policy, so as to ensure that he or she has the knowledge of:
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the
information and the agency that will retain the information; and
the various rights available to such Users in respect of such
4.4 HiR Consulting shall not be responsible in any manner for
the authenticity of the personal information or sensitive personal data or
information supplied by the User to HiR Consulting or any other person acting on
behalf of HiR Consulting.
4.5 The use of this computer resource involves every User’s
registration information and browsing history being stored and submitted to the
appropriate authorities. The consent and procedure for such collection and
HiR Consulting from Users as part of the registration process is described in
4.6 The User is responsible for maintaining the
confidentiality of the User’s account access information and password. The User
shall be responsible for all usage of the User’s account and password, whether
or not authorized by the User. The User shall immediately notify HiR Consulting
of any actual or suspected unauthorized use of the User’s account or password.
Although HiR Consulting will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of HiR
Consulting or others due to such unauthorized use.
4.7 If a User provides any information that is untrue,
inaccurate, not current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), or HiR Consulting has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, HiR
Consulting has the right to discontinue the Services to the User at its sole
4.8 HiR Consulting may use information stored in its Services
from time to time for the purposes of debugging customer support related issues.
4.9 HiR Consulting collects and uses Users personal and
at www.advocate-diary.com/privacy.aspx. HiR Consulting will seek User’s
permission if it wishes to use any User’s personal data for a new purpose.
5.1 As mandated by Regulation 3(2) of the IG Rules, HiR
Consulting hereby informs the User that the User is not permitted to host,
display, upload, modify, publish, transmit, update or share any information
belongs to another person and to which the User does not have
any right to;
is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
harm minors in any way;
infringes any patent, trademark, copyright or other
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
impersonate another person;
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
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 any other nation.
5.2 The User is also prohibited from:
violating or attempting to violate the integrity or security
of the Website or any HiR Consulting Content;
transmitting any information (including job posts, messages
and hyperlinks) on or through the Website that is disruptive or competitive to
the provision of Services by HiR Consulting;
intentionally submitting on the Website any incomplete, false
or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or
mechanism (such as spiders, robots, avatars or intelligent agents) to navigate
or search the Website;
attempting to decipher, decompile, disassemble or reverse
engineer any part of the Website;
copying or duplicating in any manner any of the HiR
Consulting Content or other information available from the Website;
framing or hotlinking or deeplinking any HiR Consulting
5.3 HiR Consulting, upon obtaining knowledge by itself or
been brought to actual knowledge by an affected person in writing or through
email signed with electronic signature about any such information as mentioned
in Section 5.2 above, shall be entitled to disable such information that is in
contravention of Section 5.2. HiR Consulting shall be entitled to preserve such
information and associated records for at least 90 (ninety) days for production
to governmental authorities for investigation purposes.
5.4 In case of non-compliance with any applicable laws, rules
Consulting has the right to immediately terminate the access or usage rights of
the User to the Services and to remove non compliant information.
5.5 HiR Consulting may disclose or transfer User Information
such transfer. The SPI Rules only permit HiR Consulting to transfer sensitive
personal data or information including any information, to any other body
corporate or a person in India, or located in any other country, that ensures
the same level of data protection that is adhered to by HiR Consulting as
provided for under the SPI Rules, only if such transfer is necessary for the
performance of the lawful contract between HiR Consulting or any person on its
behalf and the user or where the User has consented to data transfer.
6.1 HiR Consulting shall not be responsible or liable in any
manner to the Users for any losses, damage, injuries or expenses incurred by the
Users as a result of any disclosures made by HiR Consulting, where the User has
consented to the making of disclosures by HiR Consulting. If the User had
shall not be responsible or liable in any manner to the User for any losses,
damage, injuries or expenses incurred by the User as a result of any disclosures
made by HiR Consulting prior to its actual receipt of such revocation.
6.2 The User shall not hold HiR Consulting responsible or
liable in any way for any disclosures by HiR Consulting under Regulation 6 of
the SPI Rules.
6.3 The Services provided by HiR Consulting or any of its
licensors or providers are provided "as is," as available, and without any
warranties or conditions (express or implied, including the implied warranties
of merchantability, accuracy, fitness for a particular purpose, title and
non-infringement, arising by statute or otherwise in law or from a course of
dealing or usage or trade). HiR Consulting does not provide or make any
representation, warranty or guaranty, express or implied about the Website or
the Services. HiR Consulting does not verify any content or information provided
by Users on the Website and to the fullest extent permitted by law, disclaims
all liability arising out of the User’s use or reliance upon the Website, the
Services, the HiR Consulting Content, representations and warranties made by the
Users or the content or information provided by the Users on the Website or any
opinion or suggestion given or expressed by HiR Consulting or any User in
relation to any User or services provided by such User.
6.4 HiR Consulting assumes no responsibility, and shall not
be liable for ways in which data is used by Advocates and other authorized users
6.5 The Website may be linked to the website of third
parties, affiliates and business partners. HiR Consulting has no control over,
and not liable or responsible for content, accuracy, validity, reliability,
quality of such websites or made available by/through our Website. Inclusion of
any link on the Website does not imply that HiR Consulting endorses the linked
site. User may use the links and these services at User’s own risk.
6.6 HiR Consulting assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect User’s equipment on
account of User’s access to, use of, or browsing the Website or the downloading
of any material, data, text, images, video content, or audio content from the
Website. If a User is dissatisfied with the Website, User’s sole remedy is to
discontinue using the Website.
6.7 The Website may enable User to communicate with other
Users or to post information to be accessed by others, whereupon other Users may
collect such data. Such Users, including any moderators or administrators, are
not authorized HiR Consulting representatives or agents, and their opinions or
statements do not necessarily reflect those of HiR Consulting, and they are not
authorized to bind HiR Consulting to any contract. HiR Consulting hereby
expressly disclaims any liability for any reliance or misuse of such information
that is made available by Users or visitors in such a manner.
6.8 In no event, including but not limited to negligence,
shall HiR Consulting, or any of its directors, officers, employees, agents or
content or service providers (collectively, the “protected entities”) be liable
for any direct, indirect, special, incidental, consequential, exemplary or
punitive damages arising from, or directly or indirectly related to, the use of,
or the inability to use, the website or the content, materials and functions
related thereto, User’s provision of information via the Website, lost business
or lost sales, even if such protected entity has been advised of the possibility
of such damages. In no event shall the protected entities be liable for
provision of or failure to provide all or any service by Advocates to clients
contacted or managed through the Website. In no event shall the protected
entities be liable for or in connection with any content posted, transmitted,
exchanged or received by or on behalf of any User or other person on or through
the Website. In no event shall the total aggregate liability of the protected
entities to a User for all damages, losses, and causes of action (whether in
contract or tort, including, but not limited to, negligence or otherwise)
arising from the terms and conditions or a User’s use of the Website exceed, in
the aggregate Rs. 1000.
6.9 In no event shall the protected entities be liable for
failure on the part of the Users to provide agreed services or to make
himself/herself available at the appointed time, cancellation or rescheduling of
appointments. In no event shall the protected entities be liable for any
comments or feedback given by any of the Users in relation to the services
provided by a User.
7.1 User agrees to indemnify and hold harmless HiR
Consulting, its affiliates, officers, directors, employees, consultants,
licensors, agents, and representatives from any and all third party claims,
losses, liability, damages, and/or costs (including reasonable attorney fees and
costs) arising from his/her/ its access to or use of Service, violation of this
Agreement, or infringement, or infringement by any other user of his/her/its
account, of any intellectual property or other right of any person or entity.
HiR Consulting will notify you promptly of any such claim, loss, liability, or
demand, and in addition to your foregoing obligations, you agree to provide us
with reasonable assistance, at your expense, in defending any such claim, loss,
liability, damage, or cost.
Term, Termination and Disputes
8.1 This Agreement will remain in full force and effect while
the User is a user of the Website in any form or capacity.
8.2 The User can terminate his/her/its membership with HiR
Consulting at any time by providing 30 (thirty) days’ prior written notice to
email@example.com. We need this period to inactivate User’s account,
only after verifying if there are any ongoing or pending Services or payments.
HiR Consulting may want the User to continue until the completion of an on-going
Service should the situation warrant. The User shall be obligated to pay HiR
Consulting for any Services for which the User has procured.
8.3 HiR Consulting reserves the right to terminate any
account in cases:
• A User breaches any terms and conditions of this terms of
• HiR Consulting is unable to verify or authenticate any
information provide to HiR Consulting by a User; or
• HiR Consulting believes in its sole discretion that User’s
actions may cause legal liability for such User, other Users or for HiR
Consulting or are contrary to the interests of the Website.
8.4 Once temporarily suspended, indefinitely suspended or
terminated, the User may not continue to use the Website under the same account,
a different account or re-register under a new account. On termination of an
account due to the reasons mentioned herein, such User shall no longer have
access to data, messages, files and other material kept on the Website by such
User. The User shall ensure that he/she/it has continuous backup of the Services
the User has rendered in order to comply with his/her/its record keeping process
8.5 Return of User’s Data: Upon request by a User made within
30 (thirty) days after the effective date of termination of a Services
subscription due to non-payment, HiR Consulting will make available to the User
for download a copy of such User’s data in comma separated value (.csv) format.
After such 30 (thirty) days period, HiR Consulting shall have no obligation to
maintain or provide any of such User’s data and shall thereafter, unless legally
prohibited, delete all User’s data in its systems or otherwise in its possession
or under its control. In cases where User terminates the subscription
voluntarily, it will be the sole responsibility of the User to make a copy of
their data before terminating the subscription - Users data will not be
available after termination of subscription in such cases.
8.6 HiR Consulting reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not limited to
deletion of the User’s content from the Service and immediate termination of the
User’s account with or without ability to access the Service, upon any breach by
the User of this Agreement or if HiR Consulting is unable to verify or
authenticate any information the User submits to HiR Consulting, or if the User
fails to provide (or after providing such consent, later revokes) the consents
necessary or desirable for HiR Consulting to provide the Services to the User.
8.7 This Agreement and any contractual obligation between HiR
Consulting and User will be governed by the laws of India, subject to the
exclusive jurisdiction of Courts in Delhi.
8.8 All disputes will be subject to arbitration in Delhi in
English by a single arbitrator appointed by HiR Consulting under the Arbitration
and Conciliation Act, 1996.
8.9 Even after termination, certain obligations mentioned
under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution
will continue and survive termination.
8.10 Any amendment in these Terms shall replace all previous
versions of the same.
Severability & Waiver Contact Information
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
10.1 If any User has any question, issue, complaint regarding
any of our Services, please contact our customer service at
10.2 If a User has any questions concerning Hir Consulting,
the Website, this Agreement, or anything related to any of the foregoing, Hir
Consulting can be reached at the following email address -
or via the contact information available from the following hyperlink: