Terms of Use
This is a legal agreement between You (the person accessing, visiting, viewing or using the Website, and later referred to as “you”, or “User” (as defined below) as per the context) and ADR e-Sarvatra Private Limited, a company incorporated under the provisions of the Companies Act, 2013 having its registered office at No. 63, Palace Road, Vasanth Nagar, Bangalore, Karnataka – 560052, India (“Company”, “we”, “us” or “our”).
We request you to carefully go through these terms and conditions for use of the Company’s website (“Website”, which expression shall include, to the extent made available by the Company, any mobile application associated therewith) (“Terms of Use” or “Terms”) before you continue to access the Website and decide to avail the Services (defined below) of the Company. These Terms of Use apply to your visit to and your use of the Website to avail the Services whether through a computer, a mobile phone or any other device, as well as to all information provided by you on the Website. By visiting the Website or by accessing the Website to avail our Services, you irrevocably accept and you shall abide by all the obligations stipulated in these Terms of Use as well as the Company’s Privacy Policy, both as may be amended from time to time. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you.
- Key Definitions
- “ADRes Now Rules” means and refers to the arbitration rules formulated by the Company, in relation to certain Transactional Services (as defined below).
- “ADRes Now Registry” means and refers to the administrative body responsible for overseeing the delivery of Transactional Services, including by way of maintaining records of disputes, publishing information and providing secretarial support services, including but not limited to, processing requests for dispute resolution, financial administration and technical assistance and coordination.
- “General Services” means and refers to any services, excluding Specific Services and Transactional Services, relating to alternate dispute resolution and offered on the Website, including but not limited to: (a) information and knowledge resources and, (b) education, training and certification services in the alternate dispute resolution field;
- “General Users” means and refers to a person who views, accesses or visits the Website, other than a Specific User or a Transactional User;
- “Losses” means and includes all losses, claims, demands, fines, costs, expenses, damages (whether or not resulting from third-party claims), including interests and penalties with respect thereto and out-of-pocket expenses, including reasonable attorneys’ and accountants’ fees and disbursements, but does not include any special, consequential or punitive damages;
- “Services” collectively refers to General Services, Specific Services and Transactional Services;
- “Services Agreement” means and refers to the agreement executed by and amongst the Company and a Transactional User, which sets out certain terms and conditions on which the Transactional Services are offered to such Transactional User;
- “Specific Services” means and refers to certain categories of content on the Website that are not available for General Users to view or access unless they register themselves on the Website in accordance with the terms hereunder;
- “Specific Users” means and refers to persons who are required to register themselves on the Website, for accessing the Specific Services;
- “Transactional Services” means and refers to the online alternate dispute resolution services offered on the Website and availed by a Transactional User (as defined below), whereby such Transactional User is provided access to an online portal to initiate, participate, transition ongoing external alternate dispute resolution proceedings onto the portal or be involved in alternate dispute resolution (including arbitration, mediation and conciliation) proceeding(s), in accordance with the terms and conditions stipulated in these Terms of Use and the Services Agreement, if applicable.
- “Transactional Users” means and refers to claimants, legal counsels, dispute resolution professionals, respondents, witnesses and individual co-claimants who avail and/or participate or are involved in the Transactional Services offered on the Website; and
- “Users” collectively refers to General Users, Specific Users and Transactional Users.
- Overview
- The Company is, inter alia, engaged in the business of: (i) developing and hosting “ADReS Now”, an online alternate dispute resolution platform; (ii) creating and administering a technology-based marketplace for engaging the services of professionals in the alternate dispute resolution field; (iii) developing and providing education, training and certification services in the alternate dispute resolution field; (iv) developing knowledge, disseminating information, and maintaining databases, in connection with alternate dispute resolution; and (v) providing related products and services in connection with the above objectives.
- We reserve the right, at our sole discretion, to modify, terminate or replace these Terms at any time or any feature of the Website or the Services, without notice and without liability to you or any third-party. We will, however, make reasonable attempts, without being obliged to do so, to notify you of any material revisions. What constitutes a material revision will be determined by us at our sole discretion. Your continued use of the Website will constitute your acceptance of any such revisions. If you do not agree to the new Terms, you shall no longer be authorized to use the Services. To make sure you are aware of any changes, please review these Terms of Use periodically. Additionally, the new Terms of Use may be displayed on the Website and you may be required to read and accept them to continue your use of the Website and/or the Services.
- Registration
- All Specific Users and Transactional Users (except, at the discretion of the company, witnesses) will have to register on the Website for availing the Specific Services and Transactional Services, respectively (“Registration”). To register, you may be required to provide your personal details including but not limited to first and last name, email address, country of origin, mobile number, profession, income bracket, gender and such other information as requested on the Website from time to time.
- Registration is only a one-time process and if you have been previously registered, you will need to login/sign into your account using the same credentials as provided by you during the Registration process (“Account”). You are responsible for maintaining the confidentiality of the user name and password for your Account, including but not limited to the restriction of access to your chosen device and/or Account. You agree to accept responsibility for any and all activities or actions that occur with respect to your Account. You agree to: (a) immediately notify the Company of any unauthorized use of your Account or any other security breach; and (b) ensure that you exit from your Account at the end of each session. The Company will not be liable for any Losses or direct or indirect damage arising from your failure to comply with these conditions. You shall be solely held liable for any losses incurred by the Company, any other User or any third-parties due to any unauthorized use of your Account.
- You may not use as a username, a name which is the name of another person or entity or that is not lawfully available for use, or is a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You represent and warrant that all users of your Account are above the age of 18 and have the necessary authority to undertake relevant actions and that the information provided on or through your Account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your Account or your inability to use all or some of the Services.
- If you are a Transactional User availing the Transactional Services, you hereby represent and warrant, and the Company shall be entitled to presume without any obligation to make independent inquiry, that you are duly and legally authorised to access and avail the Transactional Services.
- SMS / E-mail Notifications. You may receive notifications from the Company on your registered mobile number or e-mails and on any app associated with the Website. These notifications could relate to your Registration, transactions that you carry out through the Website, information and updates, promotions and/or such other matters the Company may determine. Further, the Company may also send notifications and reminders to you with respect to your activity on the Website, in relation to the Services. Please note that while the Company endeavours to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. General Users and Specific Users can unsubscribe/opt-out from receiving communications, newsletters and other notifications from the Company at any time by following the procedure set forth on the Website. Transactional Users do not have the option to unsubscribe from such notifications and, emails in respect of the Transactional Service, owing to the significance of such notifications and emails in efficiently providing and availing the Transactional Services.
- Conditions of Use
- The Company will make reasonable efforts and shall endeavor that you are able to use the Services without undue disruption, interruption or delay.
- During the course of your use of our Transactional Services, you may additionally need to provide information or documentation, including, but not limited to, the following:
- Pleadings and documents related to any dispute you wish to resolve using the Transactional Services.
- Identification details, such as your company identification number and address.
- Our Services may also allow certain persons to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
- By posting Content on or through the Services, you represent and warrant that: (i) the Content is owned by you and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, any applicable data protection laws, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to suspend or terminate the Account of anyone found to be in breach of these Terms, or other laws, rules or regulations, including intellectual property laws.
- You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Services. However, by posting Content using the Services you grant us the irrevocable, perpetual, unconditional, exclusive, and worldwide royalty-free right, authorization and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content in the context of the Services. You agree that this license includes our right to make your Content available to other Users of the Services and such Users may also use, modify, or view your Content subject to these Terms.
- The Company has the right but not the obligation to monitor and edit all Content provided by you. In addition, all content found on or through these Services is the property of the Company or the Company has a license to use such content (“Company Content”). You may not distribute, modify, transmit, reuse, download, repost, copy, or use the Company Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us. You shall always use the Company Content as an end-user of the Services. All the Company Content is made available as is and without any representations or warranties whatsoever, and the Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, merchantability, and non-infringement. Under no circumstances shall the Company Content or Content posted by you or another user constitute or be deemed to be legal advice.
- When you use the Website to avail the Services, you agree that you are involved in the transmission of sensitive and personal information, including but not limited to your account information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. We agree to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
- Your Responsibilities
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