This User Agreement (this “Agreement”) is a contract between you (“you” or “User”, which includes both Parties who apply for and accept the Dispute Resolution Process through VCDR) and Vidhikarya Centre for Dispute Resolution (VCDR) an arm of VIDHIKARYA LEGAL SERVICES LLP (VIDHIKARYA). (“VCDR”, “we”, or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website www.VIDHIKARYA.com, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors. This also includes all services, applications and products that are accessible through the Site and all VIDHIKARYA mobile applications whether provided by us or our Affiliates. This Agreement includes and hereby incorporates the agreements and Site usage policies and as such agreements and policies may be modified by VIDHIKARYA from time to time. Subject to the conditions set forth herein, VIDHIKARYA may, in its sole discretion, amend this Agreement and the Terms of Service at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. If a revised version includes a Substantial Change in that case, we will notify you in writing or email, of the Substantial Change Substantial Change becomes effective. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of and agreement you remain bound by the Terms of Service. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Agreement explicitly states that it controls.


YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.

1.DIGITAL SIGNATURE

By registering for a VIDHIKARYA account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on the date you sign up for an Account, pursuant to the prevailing Indian laws regulating the cyber contracts. Your Account sign up and/or registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments for your reference.

2.CONSENT TO USE ELECTRONIC RECORDS

In connection to your use of this site and its services you may have to receive certain records, such as contracts, notices, invoices and communications, in writing. You give us permission to provide these records to you electronically instead of in paper form. VIDHIKARYA will make all reasonable efforts to ensure that a paper form record is issued and mailed to you in exceptional cases like audit or demand by Law enforcing agencies.

3.VIDHIKARYA VCDR ACCOUNTS

3.1 Account Eligibility

To use the Site Services, you must register for an Account with VIDHIKARYA. Vidhikarya offers the Site Services for you as a Client/Party to get the Dispute Resolution Services from its VCDR patlform. To register for an Account, you must be a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account and by using the Site Services, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and of Lawyer Services; and (c) perform your obligations to provide services as specified by any Service Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement. VIDHIKARYA reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement.

3.2 Account Registration

You agree to provide true, accurate, and complete information on all registration and other forms on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about yourself. You must not provide false or misleading information about your skills or the services you provide.

3.3 Usernames and Passwords

When you sign up for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password.

4.PURPOSE OF THE SITE AND SITE SERVICES

The Site is a platform/technology enabler where Users, Individuals, or group/companies/firms can identify each other and communicate to avail and initiate the dispute resolution process online or through online platform. Subject to the terms of this Agreement, VIDHIKARYA provides the Site Services to all Users inclusive of Parties and Presiding Officers. When a User enters a Contract to use the site services, the User uses the Site to engage, communicate, invoice and pay online.

5.CONTRACTUAL RELATIONSHIP BETWEEN USER AND VCDR

You acknowledge and agree that VCDR is just a facilitator in helping you and the other Party to settle the disputes in an amicable way utilizing the principles of Mediation, Conciliation and Arbitration. VCDR’s main objective is to bring the two parties together and appoint a Presiding Officer to preside over the dispute to arrive at an agreeable settlement. VCDR doe not have any other relationship with you and its responsibilities are limited to the above mentioned role and area

6.PAYMENT TERMS

There are two types of fees which are to be paid by a Party who initiate the Dispute Resolution through VCDR which are as follow;

6.1 Administrative Fee

When a Party applies for the Dispute Resolution through Vidhikarya Centre for Dispute Resolution (VCDR) he has to pay a nominal fee as administrative charges which will be used to contact the other Party and process the Dispute Resolution request raised by Party 1.

6.2 VCDR Fee

When the Party 2 has accepted the offer to participate in dispute resolution through the VCDR process then Party 2 pays the fee for setting up and fixing the hearing date, place and Presiding Officer. This fee is akin to court fees that usually litigants pay while filing a case in the court.

6.3 No Return of Fee

User acknowledges and agrees that the charge/fee is non-refundable, except as otherwise required by applicable law. User also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for User resolve disputes.

7. LICENSES AND SITE USE

7.1 Site License

Subject to the conditions on compliance with this Agreement, VIDHIKARYA grants you a limited license to access and, if you have created an Account, to use the Site for the purpose of using the Site Services. You must not access (or attempt to access) the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any goods or services other than as permitted by this Agreement. You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. The VIDHIKARYA logos and names are trademarks of VIDHIKARYA and may be registered in certain jurisdictions.

7.2 Mobile and Other Devices

When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.

7.3 Site Updates

We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. VIDHIKARYA reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice.

8.CONFIDENTIAL INFORMATION

8.1 Confidentiality

To the extent a User provides Confidential Information onto the site, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use Presiding Officer).

8.2 Publication

User and VIDHIKARYA will not publish, or cause to be published, any other party’s Confidential Information , except as may be necessary for performance of Services or as required by the law of the land.

9. LIMITATION OF LIABILITY

VIDHIKARYA is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:

your use of or your inability to use our Site or Site Services;

delays or disruptions in our Site or Site Services;

viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;

glitches, bugs, errors, or defects of any kind in our Site or Site Services;

damage to your hardware device from the use of the Site or Site Services;

the content, actions, or inactions of third parties’ use of the Site or Site Services;

a suspension or other action taken with respect to your account; and

your need to modify data, or your loss of or inability to do so, as a result of changes to the Terms of Service.

10. RELEASE

In addition to the recognition that VIDHIKARYA is not a party to any dispute between the Users, you hereby release VIDHIKARYA, its Affiliates, and its respective officers, directors, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Presiding Officer.

11. INDEMNIFICATION

You will indemnify, defend, and hold harmless VIDHIKARYA, its Affiliates, and its respective directors, officers, employees, and representatives(each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you, including any payment obligations incurred through use of the Site Services; (b) failure to comply with this Agreement by you; (c) failure to comply with applicable law by you; (d) negligence, willful misconduct, or fraud by you; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you.

12. AGREEMENT TERM AND TERMINATION

This Agreement, as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and VIDHIKARYA expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other. You may provide written notice to [email protected]. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement until all such Engagements have closed on the Site; (b) VIDHIKARYA will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to VIDHIKARYA for any Site Services. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, or VIDHIKARYA from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason.

Without limiting VIDHIKARYA’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or VIDHIKARYA or our Affiliates. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without VIDHIKARYA’s prior written consent. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If required by law, VIDHIKARYA will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which VIDHIKARYA will have no liability whatsoever.

13.1 Enforcement of Agreement

VIDHIKARYA has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of another party. Without limiting VIDHIKARYA’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or VIDHIKARYA.

13.2 Consequences of Agreement Termination

Termination of this Agreement and/or closing of your Account will not relieve User of the requirement to pay for Services performed prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, User hereby authorizes VIDHIKARYA to charge to its Payment Method pursuant to Section 6 (Payment Terms).

Except as otherwise required by applicable law, we will notify you if we close your Account, unless we understand, in our sole judgment, that giving notice may cause damage.

13.3 Survival

After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.

14. CANCELLATIONS, REFUNDS, AND DISPUTES

14.1 Dispute Process and Scope

If a dispute arises between you and VIDHIKARYA, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you and VIDHIKARYA agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with VIDHIKARYA, the termination of your relationship with VIDHIKARYA, or the Site Services in accordance with this Section. All the Parties will make reasonable efforts to settle the dispute amicably. If unresolved then parties can amicably and mutually agree to opt for arbitration

14.2 Choice of Law

This Agreement and any Claim will be governed by and construed in accordance with the applicable laws of Union of India.

15. GENERAL

15.1 Entire Agreement

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and VIDHIKARYA relating to the subject matter hereof. Even though VIDHIKARYA drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or VIDHIKARYA because of the authorship of any provision of this Agreement.

15.2 Compliance

User will not violate any applicable National, State, or local laws or on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations.

15.3 Modifications

No modification or amendment to this Agreement will be binding upon VIDHIKARYA unless in a written instrument signed by a duly authorized representative of VIDHIKARYA. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles. This Section does not apply to amendments to this Agreement posted by VIDHIKARYA to the Site from time to time.

15.4 No Waiver

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.

15.5 Assignability

User may not assign this Agreement, or any of its rights or obligations hereunder, without VIDHIKARYA’s prior written consent in the form of a written instrument signed by a duly authorized representative of VIDHIKARYA (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). VIDHIKARYA may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void.

15.6 Severability

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

15.7 Force Majeure

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance by such party will be extended by the period of such delay.