Terms & Conditions
I. The terms and conditions in this Agreement, ( herein after known as “Terms” or “Conditions” or “Agreement”) constitutes an electronic record and it forms part of an electronic contract with in the meaning of the Information Technology Act, 2000, and the rules made thereunder.
II. These terms shall be read along with the all the rules framed by cnica for arbitration, mediation, conciliation, odr and for venue usage as its amendments made from time to time.
III. The terms “we/us/our”, individually and by and large allude to Trust for Alternative Dispute Resolution, a Trust under which aegis the Council for National and International Commercial Arbitration; the expressions “CNICA”, individually or with suffix or prefix, allude to https://www.cnica.org; and the expressions “you/your/yourself/user” allude to any legal person or entity accessing the website who is eligible to enter into a binding contracts, as per the provisions of the Indian Contract Act, 1872. You further confirm that you are a body corporate or a legal entity or a person as per the laws in India.
IV. Cnica.org is an arbitral institution providing various arbitration and allied services.
V. CNICA will not provide any advice and any inference found in any part of the website or otherwise which is understood to be an opinion or advice shall not be binding on us.
VI. CNICA does not provide any monetary commitment to its members. Members shall join with the intension of being part of inculcating knowledge in ADR with one another.
VII. Membership shall not automatically infer any place in any panel. Membership does not infer any reference of arbitration case or any other monetary benefit.
VIII. By utilizing the website , you indicate that you understand, agree and agree to the Terms and the CNICA Rules and its amendments from time to time, wherever it applies. In the event that you don’t agree with the Terms or the rules above said, you may not use the website .
X. Your use of the website is represented by the Terms and the Policy. Each time you use the website, the ongoing rendition of the Terms will oversee your use. The terms herein shall be deemed to have been read by you in its entirety.
XI. You unequivocally agree that the Terms and the Policy comprise a legally binding agreement among you and us, and that you shall be dependent upon the terms applicable to any help that is given by the website, and that the same shall be considered to be incorporated into the terms, and shall be treated as part and parcel of the same. You acknowledge and agree that no physical or electronic signature or express act is expected to make the Terms and the Policy binding on you, and that your act of visiting any part of the website is your full and final acceptance of the Terms and the Policy.
XII. CNICA shall not have any obligation or rights that may be found in the agreement between the parties to the dispute who have chosen to resolve their dispute through the CNICA, except to the obligation of provided the arbitration service as provided herein and the right to collect the arbitrator and the administrative fees as fixed and the User agrees and undertakes that they have satisfied themselves about the legality or enforceability thereof.
XIII. The Portal isn’t expected to facilitate application of any means of resolution to a question that isn’t permitted under applicable law in that frame of mind, without limitation the use of arbitration in relation to non-arbitrable disputes. The portal shall function as per the CNICA rules and as per provided under the Arbitration and Conciliation Act 1996.
XIV. The User undertakes that the User has been allowed to access the web site subject to the User undertaking to avoid any of the accompanying for any reason:
- The user shall not or shall not attempt to use the systems of CNICA via any automated means, or take any action that is against our interest. The use shall not cause or attempt to cause an unreasonable or disproportionate load on the servers or network infrastructure of website. The user shall not upload any virus or any other software which would hamper the functioning of the website
- bypass any computer program or system used by portal that expected to recognize human contribution from machine input, forestall spam or automated extraction of data, robot exclusion headers or different measures that limit access to the Services or data contained in the Site or the Portal, or use any software, technology, or gadget to scrape, bug, or crawl the Site, the Portal, or the systems of CNICA or harvest or manipulate data of CNICA or any users of the Services;
- provide false, misleading, tricky, fabricated or inaccurate evidence intentionally, declaration or witness statements or use the CNICA Services for any unlawful or illegal reason;
- engage in communication or post any material on the Site or the Portal that is abusive, offensive, threatening, obscene, defamatory, casteist, sexist, pornographic, inciting violence, or otherwise misleads or intimidates an individual or gathering on the basis of religion, gender, sexual orientation, race, caste, ethnicity, age, or disability, other than to the degree that such material comprises an essential and indispensable part of the claims, pleadings or counter-claims of the User submitted in relation to an active Dispute;
- use another user’s account on the Portal without permission or authorisation; to clarify, on account of an institutional user with numerous accounts, all the accounts of the institutional user shall be considered to be the accounts of the same user for the reason for this clause;
- provide false, fabricated, misleading, or inaccurate information during account registration;
- destabilise, attempt to destabilize, disrupt or attempt to obstruct the legitimate working of the Portal or the CNICA Services by utilizing or accessing the Portal or the CNICA Services through means other than what CNICA has given;
- publish or connection to malicious content planned to damage or upset another user’s program or computer;
- modify, translate, download, print, archive, display, adapt, enhance, decompile, disassemble, reverse engineer, exploit commercially or otherwise, create derivative works from, make duplicates or create archives of the Site, the Portal or any content consequently for any reason, besides as unequivocally permitted as part of the Services made available in relation to the Active Dispute or as agreed with CNICA ; to clarify, the foregoing won’t be applicable to any action taken by a User with the prior assent of CNICA ;
- facilitate the use of the Site, the Portal or the Services by or to the advantage of, any unauthorized outsiders;
- abuse, ‘stalk’, harm, threaten, impersonate, harass, deceive, any other person or entity using the Portal, the Site or the Services;
- hack, infiltrate or otherwise try to gain unauthorized access to, or compromise the respectability of, the Site or the Portal;
- breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Site or the Portal or that of any outsider that is facilitating or interfacing with any part of the Site, the Portal;
- Violate any applicable local, state, national or international law or regulation.
- The User has no knowledge about any ground or circumstances that may determine any mala fide or illegitimate advantage by use of Services, the Site or the Portal or the institution;
- the User is solely liable to CNICA for the services provided, the payment of charges associated with the use of the application or use of the Services in relation to the Dispute sought to be resolved, regardless of any result of such application or use of the Services;
- The User shall make best endeavors to give to provide all information, data, content, messages, graphics, drawings, sound and image files, photographs, recordings, software and, in general, whatever kind of material provided by the user in the course of availing the services;
- The User shall not make CNICA or the trust liable for any information or documents published or uploaded by the users in the portal in the course availing the services provided;
- The User has all the necessary gear, systems, network, assets, capabilities, understanding, skill, technological and other awareness to use the portal and the Services provided in a fair, just and transparent manner;
- CNICA shall not be liable for any malfunctions, errors, crashes or other adverse occasions that is solely attributable to the User’s use of the Site or the Portal;
- CNICA shall not be liable for any loss of data or information that has been provided by the users in the website while availing the services;
- The Site, the Portal, any software possessed or created or used by CNICA (Software) in relation to the Services and all right, title, and interest in such Site, Portal and software shall be the sole property of CNICA/The Trust mentioned above;
- The User’s use of, access to, the Site, the Portal, the Software, hereunder comprise a restricted permit from CNICA to the User, to use the Services made available on the Portal as contemplated hereunder, and that the User has no different freedoms or interest in, or claim over the Site, the Portal, the Software or any other intellectual property of CNICA whatsoever;
- CNICA doesn’t request nor does it wish to get any confidential or proprietary information, personal data, or other material from the User through the Portal, by email, or in any alternate way, which isn’t needed for settling an Active Dispute. Any confidential, unknown or proprietary information, personal data, any ideas, ideas, strategies, systems, plans, plans, procedures or other similar materials submitted or sent by the User to CNICA, while using the services or otherwise, through the Portal, by email, or in any alternate way are subject to any applicable privacy obligations of CNICA under this agreement or any separate agreement entered into CNICA by the User; CNICA pre-screen, monitor, or otherwise alter User Content posted, or otherwise made available to any other person, on or through the Portal; in any case, CNICA holds the right (however assumes no obligation) to, at its sole tact, refuse, sift through, pre-screen, alter or eliminate any User Content, in entire or part, that, doesn’t follow the terms herein or is opposed to law or public policy or is illegal, or is otherwise undesirable or inappropriate from any individuals’ forum, public forum, message boards or remarks areas on the Site or the Portal that can also be accessed by persons other than the User, admin of CNICA;
- All communications and evidence, settlement conversations, negotiation and mediation or award or arbitration proceedings, whether via the actual Website or CNICA initiated video hearings, calls or different conversations, will remain confidential in light of a legitimate concern for promoting settlement. The Parties further agree that neither one of the parties shall take any action that will harm the reputation of any of the other, or which would reasonably be supposed to lead to unwanted or unfavorable exposure to both of the Parties or elements. This confidentiality clause doesn’t apply to facts, communication, documentation or other information got or gathered beyond the CNICA dispute resolution process.
- Without bias to any different privileges of CNICA, CNICA may, at any time, limit, suspend, or disallow the User’s access to the Site, the Portal or the Services assuming that the User is in breach, or assuming CNICA has reason to accept such User is in breach, of these ToU. CNICA may change, add or eliminate any of the Services or features available on the Portal, or may stop the Portal in general, at any time. Nonetheless, CNICA won’t end any feature or Administration for which a User has already paid Charges to CNICA without mutual agreement with such User, except if CNICA replaces such feature or Administration with an alternate feature or Administration that has the same impact as such suspended feature or Administration under applicable law.
- User or any person representing the user or logging in under the user’s id shall not in any infringe the intellectual property right of CNICA and its site. They shall not be entitled to have screen shots except for the purpose of evidence. The Process formed by the CNICA shall not be sought to be infringed or copied or adopted.
- By agreeing to use the Portal, the User agrees to reimburse, guard and hold CNICA, its affiliates, officials, directors and workers from any and all claims, liabilities, expenses and costs, including reasonable legal charges, arising in any capacity from the User’s use of the Site, the Portal, the other arbitration Services and any violation of these ToU by the User.
- CNICA shall not be liable for any misfortune, cancellation, removal, or failure of conveyance (“Misfortunes”) to the planned beneficiary of any User Content, whether caused by computer infection, unauthorized access, malicious attack or otherwise except if such Misfortunes are solely attributable to CNICA . The User is encouraged to retain a back-up duplicate of all User Content.
- Your use of the site and the portal is at your sole risk, which is given on an “as is” and “as available” basis. We explicitly disclaim all warranties of any sort, whether express or suggested. We don’t guarantee the accuracy, fulfilment, justness, fairness, neutrality, validity or usefulness of the services, any proceeding or award or settlement, any other assistance or content given by cnica, and you depend on the services and other help or content of cnica at your own risk. Any material that you access or obtain through our services is finished at your own carefulness and risk and you will be solely liable for any damage to your computer or loss of data that outcomes from the download of any material through our services. A few jurisdictions may preclude a disclaimer of warranties and you may have different freedoms that vary from one jurisdiction to another.
- To the maximum degree permitted by applicable law, we won’t be liable for any immediate, backhanded, incidental, special, consequential, or exemplary misfortunes or damages, including however not restricted to, damages for loss of benefits, altruism, use, data, or other intangible misfortunes (regardless of whether we have been advised of the chance of these damages), coming about because of your use of the services, the portal for resolving your disputes. By no means will the total liability of cnica and our licensors of any sort arising out of or related to your use of the services (counting yet not restricted to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, surpass the amounts, if any, that you have paid to us for your use of the services in relation to the active dispute to which such losses or damages relate.
- These ToU and any access to or use of the Site or the Portal will be administered by the laws of the India. Any and all dispute arising under these terms of agreement or otherwise between the parties shall be resolved by a sole arbitrator through online process in a portal in India and as per the laws of India. The jurisdiction of the courts shall be at Chennai, India.
- The User agrees that CNICA may refer to the User as to whom it has provided services, on the Site and in other marketing material of CNICA .
- If any part of these ToU is held invalid or unenforceable, that part will be understood to have been deleted and the same shall not affect the remaining portions and the same shall remain in full force and impact. A waiver by one or the other party of any terms or any breach thereof, in any one instance, won’t waive such term or condition or any resulting breach thereof.
- The User may not assign their freedoms hereunder to any other party without CNICA ‘s express composed assent; CNICA may assign its privileges under these ToU without condition. These ToU will be binding upon and will acclimate to the advantage of the parties and their permitted assigns.
- The User acknowledges that administrative fees and the arbitrator’s fees are payable only after they have availed the services. In such case the refund of the amount paid does not arise. Hence there shall not be any refund.
- For the Venue if the cancellation is done 45 days in advance and if the venue is occupied by some other person then 90% of the amount paid in advance shall be refunded. If the cancellation is done after 45 days or if the venue has not been occupied then there shall be no refund
- Membership fees shall not be refunded once it is paid.
- CNICA does not provide any shipping services and same does not apply.