Disclaimer

Expert Legal Advisory Report: Disclaimer Policy Development for Rozkabhav.com

I. Executive Summary: Risk Profile and Disclaimer Objectives

The mandate for developing a comprehensive Disclaimer Policy for Rozkabhav.com requires recognition of the platform’s likely function: the aggregation and dissemination of market-sensitive data, such as commodity prices, indices, or financial commentary. This places the website firmly within the category of “Your Money or Your Life” (YMYL) content, carrying significant potential liability related to data accuracy, timing, and reliance by users for financial decision-making. A Disclaimer Policy is not merely a formality; it is a critical legal document designed to protect the website owner from claims of liability arising from site usage, technical failure, or data reliance, acting as a mandatory shield against legal action.1

1.1 Context and Mandate for Rozkabhav.com

Rozkabhav.com operates in a high-risk information environment, suggesting its content influences or informs financial or investment decisions. Due to the inherent volatility and rapid change in market data, the platform faces liability risks regarding omissions, inaccuracies, and technical malfunctions.3 The legal framework must be sufficiently robust to anticipate and mitigate these challenges, particularly within the regulatory landscape of India, where contractual exclusion clauses face rigorous judicial scrutiny.4

1.2 Primary Risk Mitigation Strategy (The Legal Pillars)

The foundational strategy for this Disclaimer Policy rests upon three interconnected legal pillars essential for managing the liability of a data aggregation platform:

  1. Complete Warranties Disclaimed (“AS IS”): This pillar eliminates all express and implied guarantees regarding data quality and system function. It mandates that the website and all its materials are provided on an “AS IS” and “WHERE-IS” basis, without any representation or warranty whatsoever.5 This protects the platform against liability arising from system downtime, technical inaccuracies, or general unsuitability.
  2. Exclusion of Professional Advice: This provision creates an explicit legal demarcation, ensuring the content is understood solely for informational and educational purposes. It prohibits users from treating the published information as investment, trading, accounting, or legal advice, thereby neutralizing claims of negligent professional counsel.7
  3. Intellectual Property (IP) and Database Protection: This pillar establishes clear ownership of the proprietary data, indices, and content. Contractual clauses are used aggressively to deter and prosecute digital theft, particularly automated data scraping and unauthorized redistribution, leveraging both contract law and statutory provisions under the Information Technology Act, 2000.9

1.3 Required Format and Conspicuousness

For the policy to be enforceable under Indian law, the presentation and clarity of the exclusion clauses are paramount. Judicial precedents in India concerning the enforcement of limitation or exclusion clauses emphasize fairness and non-coercion, especially when dealing with potentially unequal bargaining power between the entity and the consumer.4 Therefore, key disclaimers, such as the “AS IS” provision, the limitation of liability, and the “NOT ADVICE” declaration, must be prominently displayed, utilizing capitalization and bold formatting to ensure conspicuousness and explicit user acknowledgment. The policy must also contain standard administrative elements, including a governing law clause, severability, and variation provisions.1

II. Foundational Legal Framework for Digital Disclaimers in India

The legal efficacy of the Rozkabhav.com Disclaimer Policy relies heavily on its conformity with the Indian Contract Act, 1872, and its interaction with modern digital statutes, primarily the Information Technology Act, 2000.

2.1 The Scope of a Comprehensive Disclaimer Policy

A robust website disclaimer policy serves as a legal document informing visitors of the precise limitations of the website’s liability and defining permissible user conduct.2 Beyond the core liability exclusions, the policy must integrate various clauses, including an introduction, license terms, acceptable use provisions, copyright notice, variation clause, and the governing law and dispute resolution mechanism.1 Furthermore, compliance principles derived from E-commerce Regulations necessitate the disclosure of specific operational and legal information.1

2.2 Enforceability of Exclusion and Limitation Clauses under Indian Contract Law

The law governing damages for breach of contract in India is codified under Sections 73 and 74 of the Indian Contract Act, 1872.4 While there is no explicit statutory prohibition against contractually excluding or limiting liability, such clauses are subject to judicial review, primarily under Section 23 of the Act, which renders agreements void if their object or consideration is unlawful or against public policy.4

The Supreme Court of India, notably in the Central Inland Water Transport Corporation Limited & Anr. v Brojo Nath Ganguly & Anr. case, established that an exclusion clause deemed unfair or unreasonable, particularly when entered into by parties of unequal bargaining power, may be held void and unenforceable.4 This necessitates a strategic defense for every major exclusion clause in the Rozkabhav.com policy.

The analysis confirms that since Rozkabhav.com deals with inherently volatile, fast-moving data, such as commodity prices or financial indices, the rationale for disclaiming accuracy and timeliness is intrinsically justified by the operational risk of the information provided.11 This operational reality provides the platform with the “adequate justification” for incorporating liability exclusion clauses, aligning with the view that such clauses should be considered substantively fair if justification exists.13 By limiting liability contractually, as affirmed in cases like

Bharathi Knitting Company v DHL Worldwide Express, the courts are restricted from awarding damages greater than the agreed-upon limit, making the establishment of a clear liability cap essential.4

2.3 Compliance with the Information Technology Act, 2000 (IT Act)

The Disclaimer Policy, once accepted by the user through site access, forms an enforceable electronic contract.9 Beyond mere contractual remedies, violation of the terms—especially those related to unauthorized access or data extraction—can invoke statutory penalties under the IT Act, 2000. Section 43 of the IT Act penalizes unauthorized access to a computer resource or the extraction of data without the owner’s permission.9 Including specific prohibitions against activities like data scraping in the contractual disclaimer thus creates a powerful dual defense: a breach of contract claim coupled with a statutory violation claim, significantly enhancing the deterrent effect against malicious actors.

III. The Crucial Clause: Disclaimer of Warranties and “AS IS” Provision

For any data-driven platform, the core risk centers on the quality and reliability of the information. Mitigation begins with a complete and non-negotiable rejection of all warranties.

3.1 The “AS IS” and “WHERE-IS” Mandate

The policy must unequivocally state that Rozkabhav.com is provided to the user on an “AS IS” and “WHERE-IS” basis, WITHOUT ANY WARRANTY.5 This mandate shields the Company from liability stemming from unforeseen system failures, technical glitches, or errors. It clarifies that the Company does not warrant that the site will be uninterrupted or error-free, nor does it guarantee the accuracy, reliability, or content of any information or service provided through the system.15 This fundamental disclaimer serves as primary protection against claims arising from data loss, typographical errors, omissions, or the user’s inability to use the site.3

3.2 Mandatory Exclusion of Implied Warranties

To ensure comprehensive legal protection, the Disclaimer must explicitly negate implied warranties, as specified by best legal practice.6

The Company must assert that it makes NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY concerning the content and services provided, including, but not limited to, the implied conditions of:

  1. Merchantability: That the data or content is fit for the ordinary commercial purposes for which such data is typically used.16
  2. Fitness for a Particular Purpose: Crucially, that the data is suitable for any specific objective the user might have, such as making proprietary trading decisions.16
  3. Non-Infringement of Third-Party Rights: The Company specifically disclaims making any representation or warranty that the use of any product, process, or formulation mentioned will not infringe any third-party patent or other intellectual property right.5

3.3 Data Quality Disclaimers (Accuracy, Completeness, Timeliness)

In the context of aggregating financial or commodity data, information is often received from third-party sources and is subject to immediate change.11 This necessitates rigorous disclaimers regarding the veracity of the data. Reputable financial institutions typically assert that while information is obtained from sources believed to be reliable, they do not guarantee its accuracy, completeness, or fairness.11

Rozkabhav.com must adopt a similar rigorous stance, stating clearly that it makes no representations, guarantees, or warranties of any kind as to the accuracy or suitability of the information for any purpose.17 Estimates and opinions published may change without notice, and the data may not reflect the latest updates.11

The following table summarizes the legal risks addressed by the core “AS IS” clauses, outlining the defense strategy based on Indian jurisprudence:

Risk Mapping and Legal Justification for Data Disclaimers

Specific Risk AreaRequired Exclusion ClauseLegal Justification (Indian Context)Source Reference
User Reliance on Price DataExclude responsibility for consequential damages resulting from reliance or inability to use the site.Liability must be determined by the contractual limit, not left to full statutory compensation (Indian Contract Act, Sections 73/74).43
Data Latency/StalenessDisclaim continuous availability, accuracy, and timeliness.Prevents claims that dynamic prices were delayed or outdated, crucial for indicative financial data, aligning with industry standards.12[15, 11, 12]
Judicial Challenge (Unfairness)Use conspicuous formatting (CAPS, bold) and explicitly list all excluded warranties.Mitigates judicial challenge based on Section 23 of the Indian Contract Act (unfairness/unequal bargaining power) by ensuring the user cannot claim ignorance of the terms.45

IV. Mitigation of Content-Specific Liability for Market Data

Given the platform’s focus on market-sensitive content, establishing an absolute firewall against claims of professional malpractice or negligent investment advice is essential.

4.1 Mandatory Exclusion of Professional Advice

The Disclaimer must explicitly define the scope of the information provided: the content is for general informational purposes only and must not, under any circumstances, be construed as constituting an offer to buy or sell, or solicitation of any offer to buy, sell, or acquire any security, commodity, or investment.18

It must be stated emphatically that the content should NOT be treated as investment or trading advice.7 Furthermore, the platform is not an adviser regarding legal, taxation, accounting, or regulatory matters in any jurisdiction.20

4.2 Financial Market Specific Disclosures

To demonstrate adherence to ethical disclosure standards prevalent in the Indian financial sector, Rozkabhav.com should incorporate mandated regulatory warnings, mirroring the practices of entities like NSE Indices and HDFC Securities.

This requires the inclusion of warnings such as:

  1. Market Risk Warning: “Investment in securities markets is subject to market risks; read all the related documents carefully before investing”.22
  2. Client Autonomy and Due Diligence: The recipient of the information must independently determine, in consultation with their own independent professional advisors, whether any index or investment discussed is appropriate for their specific circumstances.8 Users must “do their own analysis or take independent professional financial advice”.7
  3. Past Performance Disclosure: Past performance is not indicative of future returns, and reliance on past data or forward-looking statements (which are based on assumptions and subject to change) is entirely at the user’s risk.3

The adoption of these standard industry warnings strengthens the legal defense by showing that the platform has taken all reasonable steps to inform users of inherent market risks, thereby supporting the “justification” required for exclusion clauses under Indian contract law.

4.3 System Availability and Non-Liability for Errors

The Company must retain flexibility to manage, change, or discontinue the site’s content or features at any time without notice.23 It must explicitly state that the platform does not warrant that the service will be uninterrupted or error-free.15 This protects the Company against liability arising from maintenance, regulatory changes, or technical issues that prevent or hinder user access to the data.

V. Protection of Intellectual Property and Database Rights (Anti-Scraping Strategy)

Rozkabhav.com’s aggregated data and proprietary content are its primary assets. The Disclaimer must serve as a contractually binding instrument for protecting intellectual property (IP), including the underlying database structure.

5.1 Comprehensive Copyright Assertion

All content displayed, transmitted, or carried by the website—including indices, text, data, images, directories, and reports (collectively, the “Content”)—is the exclusive property of Rozkabhav or its affiliates/licensors, protected by applicable intellectual property laws.10

Users are authorized to print or copy materials only for non-commercial or personal use within their organization, provided all copyright and proprietary notices are retained.15 Any modification, reproduction, distribution, or commercial exploitation of the Content is strictly prohibited without prior written consent.3 If the platform publishes proprietary indices or derived products, the policy must clarify that the creation of any financial product based on or using this proprietary material requires an express license from the Company.8

5.2 The Dual Defense Against Data Scraping

Data scraping (large-scale automated extraction of information) represents a significant threat to a price aggregation business model.14

The policy must establish a dual legal defense:

  1. Contractual Prohibition: The Terms of Use must unequivocally prohibit automated data extraction. This is a crucial element, as violating terms prohibiting scraping constitutes a breach of contract.9
  2. Statutory Deterrent (IT Act): The policy should warn users that unauthorized data scraping, even of publicly available data, is considered a violation of the contractual terms and may constitute unauthorized access or data extraction under Section 43 of the Information Technology Act, 2000, subjecting the offender to financial penalties.9

This strategic linkage reinforces the contractual prohibition with a statutory threat, maximizing the legal leverage available to the Company against “bad bots” that often comprise a significant percentage of website traffic globally.24 The Company must also reserve the right to deploy technical measures, such as CAPTCHA systems or

robots.txt files, to enforce these restrictions.24

5.3 Handling of User Data and Confidentiality

While the comprehensive Privacy Policy will detail data handling, the Disclaimer must briefly acknowledge that user data may be collected (potentially using cookies 23) to analyze trends and statistics.8 The policy must confirm that high levels of confidentiality are maintained, and anonymous information is typically used and analyzed only at an aggregate level.8 Users who do not wish their details to be used in this manner should be directed to opt-out mechanisms or advised to disable cookies.23

VI. Limitation and Exclusion of Financial Liability

The financial exposure of Rozkabhav.com must be stringently limited, specifically excluding consequential and indirect damages that could arise from trading losses based on unreliable data.

6.1 Detailed Exclusion of Damages

The Company must disclaim liability for a broad spectrum of damages. This exclusion applies to the Company, its affiliates, directors, officers, shareholders, and third-party suppliers.12

The policy must state that Rozkabhav will not be liable to the user or any third party for ANY DAMAGES OF ANY KIND, including but not limited to:

  • Direct Damages
  • Indirect Damages
  • Incidental Damages
  • Consequential Damages (e.g., trading losses, business interruption)
  • Punitive Damages
  • Losses (including lost income, lost profit, and opportunity costs).3

This exclusion must cover damages arising from or connected with the site, including reliance on the data or the inability to use the site, EVEN IF the Company has previously been advised of the possibility of such damages.3

6.2 Establishing a Liability Cap (Financial Limit)

To reinforce the contractual limitation of damages—a principle validated under Indian law 4—the policy must establish an absolute ceiling on the Company’s cumulative liability.

The Company’s total liability for any claim arising out of or related to the use of the website shall be expressly capped at the lesser of:

  1. The aggregate amount paid by the User to Rozkabhav for accessing the services during the six (6) month period immediately preceding the date the claim arose; OR
  2. A nominal amount (e.g., INR 1,000/-) if the services are provided free of charge.

This explicit financial limit ensures that, even if a court finds the exclusion clauses partially unenforceable, the statutory damages awarded will be restricted by the contractually agreed cap.4

VII. General Administrative and Jurisdictional Clauses

To ensure legal certainty and minimize litigation risk in multiple jurisdictions, standard administrative clauses must be applied.

7.1 Governing Law and Exclusive Jurisdiction

The Terms of Use and the Disclaimer Policy must be governed exclusively by the Laws of India.1 Furthermore, to consolidate legal proceedings and leverage the expertise of courts in India’s commercial hub, the Company must stipulate that the Courts of Law at

Mumbai shall have exclusive jurisdiction over any and all disputes arising under the Terms of Use.22

This choice of jurisdiction is critical for a platform dealing with market data, as Mumbai houses the major financial exchanges and regulatory bodies, providing a consistent and specialized legal environment for dispute resolution. The Company controls and operates the website from India and makes no representation that the materials are appropriate or available for use in other locations; users accessing the site from outside India are entirely responsible for compliance with all applicable local laws.5

7.2 Compliance Mandates and User Acknowledgement

  • Acceptance: By using the site, the user acknowledges that they have reviewed, understood, and agree to be bound by the terms.15 The user must be at least 18 years of age to use the site.23
  • Variations and Updates: The Company reserves the right to modify or amend the Disclaimer Policy at any time without prior notice.1 Continued use of the website after such modifications constitutes acceptance of the new terms.
  • Severability: A severability clause is necessary to ensure that if any provision of the disclaimer is held to be invalid, unlawful, or unenforceable by a court, the remainder of the policy shall remain in full force and effect.1 This clause prevents a single defect from invalidating the entire legal shield.
  • Entire Agreement: An entire agreement clause confirms that this document constitutes the whole agreement between the user and Rozkabhav.com concerning the use of the site, superseding all prior communications or agreements.1

VIII. Draft Disclaimer Policy for ROZKHABAV.COM (Deployable Text Structure)

The following structure provides the legally essential text necessary for deployment, ensuring conspicuousness through the required use of capitalization and bold text.

Preamble: Acceptance and Binding Agreement

BY ACCESSING AND USING THIS WEBSITE, ROZKHABAV.COM (THE “SITE”), THE USER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF THE USER DOES NOT AGREE TO THESE TERMS, THEY MUST IMMEDIATELY CEASE USE OF THE SITE. The use of the Site by the User constitutes their binding agreement to these Terms of Use. The User represents and warrants that they are 18 years of age or older.

Article 1: Disclaimer of Warranties (AS IS/WHERE-IS)

1.1. GENERAL DISCLAIMER: The Site and all Content, data, reports, indices, and materials contained herein are provided on an “AS IS” and “WHERE-IS” basis, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

1.2. EXCLUSION OF IMPLIED WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SITE, THE INFORMATION, OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS.

Article 2: Data Integrity and Reliability

2.1. ACCURACY AND TIMELINESS: The information provided on this Site is for general informational purposes only. Although the information herein has been obtained from sources believed to be reliable, the Company does not guarantee, and makes NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES regarding the accuracy, completeness, fairness, usefulness, or timeliness of this information. Opinions and estimates may be changed without notice.

2.2. SYSTEM AND AVAILABILITY: The Company does not warrant that access to the Site will be uninterrupted, error-free, or continuously available. The Company shall not be responsible for technical or other inaccuracies, omissions, or typographical errors, for which the Company assumes no responsibility.

Article 3: Exclusion of Professional Advice (YMYL Clause)

3.1. NOT PROFESSIONAL ADVICE: The Content shared on or through the Site is for information and education purposes only and SHALL NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, TRADING, ACCOUNTING, LEGAL, OR TAX ADVICE. The information does not constitute an offer, or invitation or offer to sell or the solicitation of any offer to buy or subscribe for or purchase any security, commodity, or investment.

3.2. USER RESPONSIBILITY AND MARKET RISKS: The User acknowledges that investment in securities and commodities markets are SUBJECT TO MARKET RISKS. The User must carry out their own independent analysis or take independent professional financial advice based on their personal circumstances before making any investment decision. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS.

Article 4: Limitation of Financial Liability

4.1. EXCLUSION OF DAMAGES: The Company will not be liable to the User or any third party for ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST INCOME, OR LOST PROFITS, arising from or connected with the Site, including the User’s use of this Site or inability to use the Site, EVEN IF the Company has previously been advised of the possibility of such damages.

4.2. LIABILITY CAP: Notwithstanding any provision to the contrary, the Company’s maximum cumulative liability for any and all claims arising out of or related to the use of the Site shall be strictly limited to the LESSER OF (A) THE TOTAL AMOUNT PAID BY THE USER FOR ACCESSING THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) INR 1,000/- (RUPEES ONE THOUSAND ONLY).

Article 5: Intellectual Property Rights and Content Usage

5.1. PROPRIETARY RIGHTS: All Content, design, structure, aggregated data, and proprietary indices displayed on the Site are the exclusive property of the Company or its third-party licensors and are protected by applicable intellectual property laws.

5.2. UNAUTHORIZED USE: The User may not distribute, modify, transmit, reproduce, or commercially exploit any of the Content, indices, or Trademarks displayed on this Site without the Company’s prior written consent.

5.3. ANTI-SCRAPING AND UNAUTHORIZED EXTRACTION: Large-scale, automated (bot) extraction of data, content, or materials (“Data Scraping”) is STRICTLY PROHIBITED. Violation of this clause constitutes a material breach of these Terms of Use and may subject the User to prosecution and penalties under applicable Indian laws, including but not limited to, Section 43 of the Information Technology Act, 2000, for unauthorized access and data extraction.

Article 6: Governing Law and Jurisdiction

6.1. GOVERNING LAW: The Terms of Use shall be governed by and construed in accordance with the substantive Laws of India, without regard to conflict of law principles.

6.2. EXCLUSIVE JURISDICTION: The Courts of Law at Mumbai shall have exclusive jurisdiction over any disputes arising under or in connection with the Terms of Use.

Article 7: Miscellaneous Legal Provisions

7.1. ENTIRE AGREEMENT: This Disclaimer and the associated Terms of Use constitute the entire agreement between the Company and the User regarding the use of the Site.

7.2. SEVERABILITY: If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

7.3. VARIATION: The Company reserves the right to modify these Terms at any time. The User is responsible for reviewing the most current version of the Disclaimer periodically. Continued use of the Site following any changes constitutes acceptance of the new terms.

IX. Conclusions and Recommendations

The development of the Rozkabhav.com Disclaimer Policy has been tailored to the high-risk environment of market data provision within the specific constraints of Indian jurisprudence.

The core conclusions are:

  1. Legal Defense Mandate: Due to the platform’s YMYL nature, the legal defense must move beyond simple contractual formality. The policy requires conspicuous, detailed, and explicit negation of implied warranties and professional advisory capacity to minimize judicial challenges based on claims of unequal bargaining power or unfairness under Section 23 of the Indian Contract Act.4
  2. Strategic Use of Statutory Linkages: The most effective defense against the pervasive threat of data scraping is the integration of contractual prohibition with a statutory deterrent. Explicitly stating that unauthorized data extraction violates the Terms of Use and may trigger penalties under Section 43 of the IT Act, 2000, significantly reinforces the platform’s protective measures.9
  3. Adherence to Market Norms: The inclusion of standard regulatory disclosures used by established Indian financial market entities (e.g., warnings regarding market risk and the non-indicative nature of past performance) demonstrates due care and aligns the platform’s governance with high industry standards, thereby strengthening the legal justification for its liability exclusions.8

Actionable Recommendation: It is strongly recommended that the Company implement technical safeguards, such as robots.txt instructions and automated monitoring systems, to work in conjunction with the legal policy. The Disclaimer, Terms of Use, and Privacy Policy should be prominently linked on every page of Rozkabhav.com to ensure optimal user acknowledgement and enforceability.

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