Terms of Services
CaseDocker Document Reference.: "CDA/Terms of Services/Ver 1.0/Dated 1st Oct 2020."
Subscriber Agreement for https://www.CaseDocker.com
Please read this agreement and associated documents in full before you register and/or start use this Website. Using the Website implies that you accept the terms of this agreements and associated documents. We do occasionally update this agreement so please refer back to them in the future.
Your use of a CaseDocker Platform, Products & Service (including www.CaseDocker.com (hereinafter referred to as the “Website”) and its related sites, associated services, application and tools) is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of CaseDocker and our subsidiaries and international affiliates. This Agreement for the Website shall come into effect immediately on your acceptance of Terms of Services and/or first log in onto www.CaseDocker.com. It shall continue to remain in force till such time you have a valid subscription to the website. (“Subscriber Agreement”). www.CaseDocker.com is an internet-based portal owned and operated by Coingeit Technologies Private Limited.
For the purpose of this Agreement, Registered/Guest User and wherever the context so require “you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the CaseDocker services offered on or through the Website and has agreed to become a subscriber of the Website by initiating Sign-up and providing Registration Data (as defined hereinafter) while registering on the Website as Registered/Guest User using the computer systems of the Website and accepted this electronic version/electronic record of this Agreement and has allocated himself/herself a unique identification i.e. User E-Mail ID (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing phone number and E-Mail id. Further, reference to “we”, “us”, “our” and “CaseDocker” shall mean CaseDocker Incorporation (CaseDocker.com) and includes its associates, affiliates and subsidiary (ies).
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms and conditions contained in this Agreement and associated documents. Upon “Acceptance”, this Agreement shall be effective and binding upon you along with any amendments made by CaseDocker at its sole discretion and posted on the Website and you shall not claim invalidity of this Agreement merely on the grounds that this agreement is being concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on the ‘Sign-up button’ as provided on the Sign-up page or while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance. You hereby further agree that this Agreement is being concluded and executed at Noida, Uttar Pradesh, India.
Your use of the Website implies that you agree with the Terms of Services. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement and Rules and Policies as displayed on the Website, please do not click on the "Sign-Up" button and do not seek to obtain access to or otherwise use the Website.
1.1. The term “provider,” including all its synonyms and would mean “CaseDocker,” and CaseDocker Incorporation (Hereinafter termed as “CaseDocker”). The term would also include any agent(s) who have been so authorized by CaseDocker to act in their behalf.
1.2. The term “authorized user” would include any person or organisation, whether an individual or a legal entity who has subscribed to the services of CaseDocker, and to whom the access is restricted by the use of a sign in credentials i.e. E-mail ID and a Password. The E-Mail ID and password chosen by the user or agreed upon by CaseDocker. It is made abundantly clear that only the authorised user has the right to access the services so offered by CaseDocker.
1.3. For the purposes of this agreement, any person who does not have a legal or a contractual right to access or use the services, but does so, will fall within the definition of an “unauthorised user” and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
1.4. The term “User” would include both the authorised and unauthorised user(s).
1.5. The terms “service” or “services” would mean to include the interactive online digital information service offered by CaseDocker on the internet through which the user may access Litigations, Legislation, My Cases and other published information. The terms would include to mean the search engine/tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/record.
1.6. The term “organization” would be used to define any company, partnership firm, institute, authority, trust or any such entity which has a legal personality but is not a natural person.
1.7. The term “Downloaded Data” means insubstantial portions of the Data downloaded and temporarily stored to a storage device under Subscriber's exclusive control.
1.8. The term “Order” means any order form attached to this Agreement, either in print or online, setting out the Data and Features including subscription plan available to Subscriber and the price charged there of.
2. Website License ("License to Use")
2.1. The services so offered by CaseDocker, are subject to the user agreeing to all the terms and conditions of the license. Notwithstanding any/all clauses, the terms shall be applicable mutatis mutandis on subscriber during the subsistence of subscription period (which includes period of renewed subscription).
2.2. CaseDocker grants the user a non-exclusive, non-transferable, revocable, limited license to access and use for research purpose the online services and materials made available from time to time.
2.2.1. The right to electronically display materials retrieved from the online services to only authorized user (Name User License) on one device at a time. CaseDocker login does not allow simultaneous access on a Non-Concurrent plan. It automatically Log-out the user from previous login user session.
2.3. The license includes Limited Right to download and temporarily store insubstantial portions of data (“Downloaded Data”) to a storage device under subscriber's exclusive control.
2.3.1. To display internally such downloaded data.
2.3.2. To quote and excerpt from such downloaded data (appropriately cited & Credited) by electronic cutting & pasting or other means in subscriber's own work products.
2.3.3. To create printouts of substantial portions of data for internal use and for distribution to third parties if such third parties agree not to distribute the printouts and on non-commercial basis.
2.4. CaseDocker reserves the right to terminate this license at any time for any reason in case any of the terms are revoked.
2.5. No material/content downloaded from the Web Site of CaseDocker shall be reproduced, transmitted or stored in any other Web Site nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of CaseDocker.
2.6. It is made abundantly clear that CaseDocker does not have absolute control over the contents published on the web site and hence does not guarantee the accuracy, quality or integrity of such content. The views expressed in the article section of the web site are those of the respective authors and not of CaseDocker. Any illegal or offensive content published on the site, if detected, should be brought to CaseDocker's attention for immediate action. CaseDocker will not be responsible in any manner for any defamatory or contemptuous matter published herein.
2.7. All rights not expressly granted herein are reserved.
3. Service Subscription - Sign-up (Register, Subscribe & Pay)
3.1. In order to become and remain an authorised user you have to:
3.1.1. Complete the 4-Step Sign-Up Process.
188.8.131.52. Register your Identification.
184.108.40.206. Fill your Billing Details.
220.127.116.11. Choose subscriber plan of your choice. The subscriber needs to choose one "Base Plan" to subscribe CaseDocker services. The subscriber needs to cross-check the fuctionality, Scope, Subscription Term, Pricing, etc. of chosen plan before they pay for the subscription.
18.104.22.168. Pay the subscription fee as applicable. Pay for usage of information/data according to the CaseDocker pricing policy. The subscription fee applicable and the product price information price card are available from CaseDocker on request.
3.3. In the case of organisations the individual signing shall be presumed, by the act of signing, to have represented that he or she has the full authority of the organization to sign and act on its behalf. The organisation shall provide CaseDocker with the names of all its members who will be the authorised users of the service and the said organization shall ensure that its access rights are restricted to members proposed by them. The organizations will be directly responsible and liable in case of any misuse of the service. Each Sign-in Id allows one user to login at a point of time. Simultaneous logins are not allowed in Non-Concurrent plan.
3.4. After successful completion of prescribed process as in 3.1 to 3.3 above, the subscriber will be authorised to use which will constitute the offer and acceptance of the terms and conditions herein by CaseDocker and the intending subscriber, thus constituting him/ it an authorised user herein permitted to avail the service and/or access the data and information of CaseDocker, in any form, and shall hereinafter be referred to as “subscriber”.
3.5. The subscriber shall be responsible for keeping CaseDocker login credential secure to access the Online Service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password should not be shared with unauthorized users. CaseDocker reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorized user.
3.6. An organisation may subscribe and obtain multiple license access for multiple users who are valid constituents of that organisation. For this purpose, paid employees of any organization, patrons of a library, and enrolled students, faculty and other staff members of an educational institution are considered “valid” constituents. Provided however, that the organisation shall bear the sole responsibility for ensuring the compliance with and observance of the terms and conditions herein entered by its constituents and shall be liable for actions of its constituents in relation to the Online Service and its contents.
3.7. The subscriber accepts that by the action of viewing and/or downloading the information from the CaseDocker website, it has performed the action of using the CaseDocker website.
3.8. In addition to the subscription fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation and which CaseDocker may apply to the total billing of the subscriber.
3.9. A detailed statement of the subscription and usage charges, for subscribers under Transactional Pricing, which the subscriber may incur, will be available for the subscriber to view and verify on the information service. This shall be treated as final and binding unless the subscriber shall bring to the notice of CaseDocker any discrepancies within seven days of the charge having been debited to it/him after which period any such charges shall be deemed to have been debited and accepted by the subscriber.
4. Subscription Payments
4.1. Payments can be made either by a cheque/DD/NEFT/RTGS/Credit Card/Net Banking. No cash will be accepted. The payment made against the Subscription is not adjustable/refundable under any circumstances.
5. Subscription Renewals/Delayed Payments
5.1. Subscriber intending to renew the subscription must ensure that they renew the subscribtion on or before the last due date of plan (that may be Base or Add-on plan) i.e. the date until when the last subscription period is valid for the plan. In case of expiry of Base plan, user will not able to access CaseDocker Worklite (My Case etc.), courts and/or practice data part of the subscribed base plan. While in case of expiry of Add-on Plan, user will not able to access courts and/or practice data part of the subscribed Add-on plan. In Subscribers account, expired plan will be automatically deactivated on the expiry of validity period of subscription plan.
5.2. Without prejudice to its rights, CaseDocker in its sole discretion shall reserve the right to extend the subscription/access period in the event of receiving assurance to clear the renewal charges within a period not later than 15 days from the date of expiry of valid subscription period. CaseDocker also reserves the right to recover the assured amount, in the event of non-renewal and non-payment from the subscriber in any legal manner, under civil or criminal law, and the subscriber shall be liable for any costs thereof.
6. Subscription Modifications
6.1. The prices, terms and conditions and/or other matters provided in the Price List, and any modifications carried out by CaseDocker and any notices served upon the subscriber by CaseDocker shall be deemed to be included in the terms and conditions herein.
6.2. CaseDocker reserves the right to modify the terms and conditions including the subscription and the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect by CaseDocker by E-Mail.
6.3. The subscriber can choose the plan from the online catalogue, available at the time of subscription. Time-to-Time CaseDocker introduces new plan and also discontinues earlier plan as per market demand.
6.4. The subscriber can change the Base-Plan only after the expiry of current subscribed Base Plan. but can avail an Add-on plan to get additional Court and/or Practices at anytime.
6.5. The subscriber can also upgrade the Base-Plan. In such case additional Courts and/or practices will be added to user account and validity of existing Courts and/or Practice will be further increase with the balance days. The payment made against earlier plan is not adjustable/refundable under any circumstances.
6.6. The subscription amount paid by the subscriber shall be for the fixed term/plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term. However, the introduction of any additional feature/database by third party content provider through CaseDocker will be made available to the existing subscriber only after making up the deficit payment.
6.7. The subscriber's continued use of service after the publication of the notice conveying the modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.
6.8. CaseDocker has the right to prevent access to all or part of the Website without notice, if the conduct of the user is in contravention with the Terms and Conditions of Use or the applicable laws. CaseDocker shall have a right to make such additions to, deletions from and other modifications, as it may deem fit, of the database and in the database, and/or the manner of presenting and providing such databases, including the basic structure and features thereof, without giving notice thereof to the subscriber.
6.9. CaseDocker shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of the Service.
7. Intellectual Property Rights
7.1. Except as expressly provided in the Terms & Conditions of Use of the Web Site CaseDocker, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
7.2. The user agrees that copyrights, trademarks, patents, designs and other proprietary rights and laws protect the Website. Any rights not expressly granted herein are reserved.
7.3. The user is also cautioned against any conduct on his part that infringes or purports to infringe the copyright or other proprietary rights or laws. The user shall not, under any circumstances whatsoever, use the printouts of the material available on this Web Site for any purpose that violates the copyright or any other proprietary rights of CaseDocker. The user shall not remove the copyright notices or other notices from the printouts of material taken from the Website.
8. Copyright Laws
8.1. Content or information available on the Website CaseDocker is protected by the Copyright Act 1957 and is subject to CaseDocker's Copyright Notice.
8.2. Certain information and data made available by CaseDocker are the property of the content provider's and are identified as such. CaseDocker has been licensed by the content providers to store, catalogue and distribute this information to its subscribers. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the user. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.
9. Limitations on Use
9.1. The Content on the Web Site is for personal use only and not for commercial exploitation.
9.2. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or users.
9.3. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without CaseDocker's prior written permission.
9.4. You may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.
9.5. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available, on or through the Web Site in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content is prohibited.
9.6. Combine the whole or any part of the Data with any other software, data or material.
9.7. Subscriber may use Data cached in Subscriber's local disk drive solely in support of its use of the Service.
9.8. Certain software used by Subscriber may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it is used.
9.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
9.10. Subscriber undertakes to use its reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Subscriber Agreement. In the case of IP based Access, the subscriber shall, prior to commencement of subscription, provide the list of users (including the location/branches, or as the case may be) who will be referred to as ‘Authorised Users’ under this subscription agreement.
9.11. Subscriber shall use its reasonable endeavors to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavors to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.
9.12. The text of all the judgments provided on the site are computer generated. The authenticity, correctness and preciseness of the text of the judgments must be verified from the certified copy of the judgment.
10.1. The services so offered by CaseDocker, are subject to the user agreeing to all the terms and conditions of the license. In case any of the terms are revoked, CaseDocker is entitled to terminate this subscription & discontinue the subscriber's right to access the Service. Moreover, CaseDocker shall not be liable to make any refunds/adjustment in the event of subscriber indulging into activities strictly refrained from.
11. Consequences of Termination
11.1. The warranties and indemnities, the provisions in relation to the payment of money due to CaseDocker and the restrictions on the rights of the subscriber in relation to the use of the Database, contained herein shall survive the termination or expiry of this subscription.
11.2. Upon termination, the user must destroy all materials obtained from the Web works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout Site.
12. License of Your Content to Provider
12.1. By uploading Content to submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative the universe.
13. Errors and Corrections
13.1 CaseDocker makes reasonable effort to ensure that the information provided on the Website is accurate but does not represent or warrant that the information available on or through the Website will be correct, accurate, reliable, uninterrupted, or timely.
13.2. CaseDocker does not represent or warrant that the Web Site will be error free, free of viruses or other harmful components, or that the defects will be corrected.
13.3. The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lost data.
14. No Legal Advice/Procurement Request
14.1. Material or information contained on or made available through the Website is not intended to and does not constitute legal advice nor does it, in any manner establish a client-advocate relationship.
14.2. CaseDocker in the Court database provides its own citation and in addition also provides the equivalent citations applicable to relevant case law published by other publishers. By doing so CaseDocker is facilitating the user to access the database through various search features. Coverage of other/all publisher citations should be incidental and not mandatory and user thus cannot claim the availability of other publisher citations as a matter of right.
14.3. CaseDocker is not obliged to attend to procurement requests of users. Without prejudice to its rights, however, CaseDocker shall on its discretion procure the requested document which if procured shall be made available to user as part of its database.
15.1. CaseDocker may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws.
15.2. CaseDocker will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.
17.1. Except as provided in clause 8.2 hereof, no notice consent or the like (in this clause referred to generally as “notice”) required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/its address as set out above or as otherwise notified in accordance with this clause.
17.2. A notice given personally shall be deemed given at the time of delivery.
17.3. A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.
17.4. Notice sent by telex, E-Mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.
17.5. The user is to keep himself aware of the terms and conditions of the Website, by checking this page at least once in a month. No further notice shall be given to the user of the change in the terms and conditions one is subjected to.
18. Severability of Provisions
20. Remedies for Violations
20.1. CaseDocker reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular Internet address to CaseDocker's Website and its features.
21. Governing Law and Jurisdiction
21.1. The Terms and Conditions of Use are governed by and construed in accordance with the Indian Law and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at Noida only and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
22.1. The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
23. Exclusion of Liability
23.1. CaseDocker makes reasonable effort to ensure that the information provided on the Website is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.
23.2. The information/material provided on the Website is provided on an “As Is” basis. CaseDocker accepts no responsibility with respect to the information on the Website expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
23.3. CaseDocker shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of CaseDocker).
23.4. CaseDocker shall not be liable in contract, tort, delict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of CaseDocker).
23.5. Without prejudice to the generality of clause 23.3. and 23.4, in no event shall CaseDocker, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any way to:
23.5.1. Subscriber's inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely, even if assisted by CaseDocker, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on the Data.
23.5.2. Any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to Subscribers' rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of such damages.
23.6. Subscriber shall accept sole responsibility for and CaseDocker shall not be liable for the use of the Service by Subscriber, or any User and Subscriber shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
23.7. CaseDocker disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
23.7.1. Any errors in or omissions from the Website and its content, including but not limited to technical inaccuracies and typographical errors;
23.7.2. Any third-party Websites or Content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from;
23.7.3. The unavailability of this Site or any portion thereof;
23.7.4. Your use of any equipment or software in connection with the Site; or
23.7.5. Your use of the Site.
23.8. CaseDocker Incorporation shall not responsible if any information/page is downloaded from CaseDocker and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
24. Limitation of Liability
24.1. Subscriber's exclusive remedy and CaseDocker's entire liability under this agreement if any, for any claim(s), damages relating to the copyright in data made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the charges paid by subscribers relative to the database which is the basis of the claim(s) during the period of subscription. The present indemnity shall remain in effect for the period of continued subscription.
24.2. None of the terms of this Agreement shall operate to:
24.2.1. exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or their Affiliates whilst acting in the course of their employment; or affect statutory rights where this Agreement is entered into as a consumer transaction.
25. Linking to the Web Site
25.1. A User may provide links only to the homepage of this Website, provided
25.1.1. The user does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site,
25.1.2. The user gives us a notice of such link by sending an e-mail to [email protected]
25.1.3. The user discontinues providing links to this Site if requested by us. If you wish to provide links to a section within the Website, you should forward your request to us at [email protected] and we will notify you if permission is granted, and if so, the Terms and Conditions of permission.
26. Link to other websites and Linking Disclaimer
26.1. Third-party Content may appear on the Web Site or may be accessible via links from the Website. CaseDocker shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party Content appearing on the Web Site. CaseDocker has no control or authority either over the Content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of CaseDocker.
26.2. Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed by CaseDocker.
27. Force Majeure
27.1. CaseDocker's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of CaseDocker, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.
28. Dispute Resolution
28.1 Any dispute or difference between Provider and Subscriber arising out of or relating to the existence, validity, interpretation, performance or termination of, or otherwise in connection with this Agreement (“Dispute”), shall at first instance be attempted to be amicably settled between the parties through good faith negotiations. Either party shall be entitled to invoke such negotiations by giving to the other party a notice to that effect (“Dispute Notice”). If a Dispute is not resolved by way of good faith negotiations within a period of Sixty (60) days from the date when the Dispute Notice was received by the receiving party then either party shall be entitled to refer the Dispute to arbitration in the manner described below.
28.2 Any Dispute not resolved by way of good faith negotiations within a period of sixty (60) days from the date when the Dispute Notice was received by the receiving party, shall be finally resolved by arbitration in accordance with the provisions of this clause 28.
28.3 The provisions of the Arbitration and Conciliation Act, 1996, as amended (“Arbitration Act”), will apply to such arbitration:
28.4 The arbitration shall be conducted by a single arbitrator who shall be appointed by the mutual consent of both parties. If the parties are not able to reach a decision to appoint the arbitrator within sixty (60) days of the date when the good faith negotiations mentioned above have failed, then the Dispute shall be referred to a panel of three (3) arbitrators. One (1) arbitrator shall be appointed by each party within thirty (30) days of the parties failing to reach an agreement to appoint the sole arbitrator as aforesaid. The two (2) arbitrators so appointed by the parties shall appoint the third presiding arbitrator within thirty (30) days of their appointment, failing which the third presiding arbitrator shall be appointed in accordance with the provisions of the Arbitration Act.
28.5 The arbitration proceedings shall be conducted in English.
28.6 The place of arbitration shall be Noida (Uttar Pradesh), India.
28.7 The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state reasons for its/their findings in writing.
28.8 The costs of arbitration shall be determined by the arbitrator(s).
28.9 In relation to any arbitration proceedings, the parties agree that the courts at Noida (Uttar Pradesh), India, shall have exclusive jurisdiction to the extent the court has jurisdiction under the Arbitration Act.
Any rights not expressly granted herein are reserved.
We are confident that you have understood your rights and obligations in concern to the use of and that you agree with the terms described above.