Terms of Use

June 13, 2016

ONLINE CONSUMER MEDIATION CENTRE TERMS OF USE

These Terms of Use (hereinafter the “Terms of Use” or the “Agreement“) constitute a legally binding agreement and govern use of the Online Consumer Mediation Centre, available on www.onlinemediationcenter.ac.in website (the “Website“), which is provided, maintained and operated by Online Consumer Mediation Centre (the “Centre”) located at National Law School of India University, Nagarbhavi, Bengaluru. The Website provides online mediation services through its technology partner MODRIA Inc. (the “Platform”).

These Terms of Use constitute a legally binding agreement between the person accepting these Terms of Use and agreeing to be bound by them as a user of the Platform and its provisions may be enforced against the User under applicable law.

Please read and review these Terms of Use before accessing or using the Platform. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by these Terms of Use without limitation or qualification. These Terms of Use are subject to change; please review these Terms of Use each time you access and/or use the Platform.

1. Acceptance of Terms

The Terms of Use, as updated from time to time by the Centre, apply to this Website. You should carefully read these Terms of Use before using the Website.  You can review the most current version of the Terms of Use at any time at  Terms of Use. This is a legally binding agreement. By accessing and/or using the Website, you shall be deemed as having accepted the most recent version of these Terms of Use. If you do not agree with these Terms of Use, you are not authorized to use this Website.

2. Use of Services

The services provided by the Centre includes but are not limited to providing negotiation and mediation facilities, both in the physical form and by means of online facilities provided by the Platform through the Website. Your registered usage of the Website represents that you hereby appoint the Centre to enable you to negotiate or mediate the dispute based on the terms set out under Mediation Rules and Code of Conduct.

3. Access to password protected areas

Access to certain portions of this website (“Password-Protected Areas”) may require login and password information. You must have this information in order to access these areas.

4. Registration

Only those who have a dispute against an e-commerce company and require services of the Centre shall register themselves and create a login id and password for the said purpose. The use of such login id and password shall be only for the said dispute or disputes which can arise in future.

5. Configuration and Compatibility

The website is a secured one with standard SSL certificate and the platform has passed ISO 27001 certification and that processes conform to ISO 27002.The users of the website shall ensure that their PC or device is upto date with proper operating system and installation of antivirus. You acknowledge that you are responsible for the setup, configuration and compatibility of the PC or device through which you access the Website. If any alteration in the whole or part of the services through the Website requires changes in your configuration and/or compatibility, you shall effect these changes at your own expense.

6. Online Privacy Statement

The use of your personal sensitive data and non-personal information will be governed by the Privacy Statement at Privacy Policy Statement. Your use of this website indicates that you have read and agreed to the Privacy Policy Statement.

7. Intellectual Property Ownership

Unless otherwise provided, all text, content, and documents made available through the platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, or other intellectual property appearing on the Website are owned by the Centre or used with permission or under license from a third party, and are protected under copyright, trademark and other intellectual property and proprietary rights laws. Except as allowed by law or as expressly permitted in connection with specific content, this website and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of the Centre or the third-party owner.

8. Representation and Warranties

This website is provided “AS IS” and “AS Available” and accordingly,

a. Any warranties of any kind in relation to the services provided through the Website, either express or implied, shall be excluded to the fullest extent permissible pursuant to applicable law;

b. The Centre shall accept no responsibility for functions provided through the Website and shall make no warranties that the services will operate uninterrupted or error-free or that defects will be corrected or that the Quality of the Service will meet your expectation;

c. While using the Website, the Users will be directed to one or more third parties, such as secured payment gateway and the Platform. Your use of the third party services may be subject to separate policies and terms of use.

d. The Centre shall not warrant that the Service is compatible with your computer equipment or that the Service provided through the Website or its server is free of errors or viruses, worms or Trojan  and the Centre shall not be liable for any damage you may suffer as a result of such destructive features;

e. The Centre shall assume no responsibility for the deletion, disruption, defect or failure of the provision of the Website;

f. Despite the fact that the Centre has used reasonable endeavours to ensure the accuracy of the information accessed during your use of the Website, the Centre shall not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information accessed during your use of the Website; and

g. Despite the fact that the Centre has used reasonable endeavours to ensure the integrity of the security of the Website, you acknowledge that the Centre shall not be liable for any loss suffered by you as a result of any breaches in security.

9. Restricted Website

You hereby agree that you are expressly prohibited to do the following acts or place and/or display any of the following information/content on the Website:

a. Allow any third party to access and use the Website using your login and password;

b. Impersonate or falsely claim affiliation with any person or entity;

c. Display, copy, store, modify, adapt, reverse engineer, sell, publish, make available to the public or redistribute the Platform or any services made available to you via the Website.

d. Advertise any commercial endeavour or otherwise engage in any commercial activity except as may be specifically authorized on this Website and explicitly allowed under these Terms of Use;

e. Place content that is illegal, unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, malicious, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially may give rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations, directives, treaties or guidelines, or that infringe or violate other parties’ intellectual property, publicity, or privacy rights or contain links to infringing or unauthorized content;

f. Place content aimed at misrepresenting, defrauding or defaming others;

g. Place content that negatively present the Platform and/or the Centre and/or its affiliates;

h. Interrupt the functionality of or tamper with the Platform or any content of the Platform, or to unreasonably affect others’ enjoyment of the use of Platform in any way;

i. Distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Platform, or the interest or property of the Website’s users;

j. Invade privacy of Internet users by means of phishing, identity theft and/or other means; and

k. Any other act which may be deemed illegal under any applicable law.

l. Breach of this “Restricted Website” Section of these Terms of Use shall be deemed to constitute a material breach of these Terms of Use by the User and a direct violation of applicable laws, and may result in disciplinary or administrative liability, as well as action against you, including but not limited to termination of your account.

10. Payments

OCMC charges a one-time non-refundable Registration Fee of Rs.100/- (Rupees One Hundred only) for both the consumer and the business. The fee shall remain the same irrespective of the value of the claim. The fee shall be applicable to one case only. Registration fee shall be valid for a period of 30 days only. An additional grace period of 15 days shall be provided in case the parties request for such extension. Service tax shall be applicable as per prevailing law. The Centre reserves the right to amend the fee schedule and any other charges from time to time without notice.

Payment service is provided by the Centre through a secured online Payment Gateway, Atom Technologies Limited to facilitate payment of Registration Fee to the Centre.  Transaction fee charged shall be borne by the cardholder for payment. Fees and charges payable on the services provided by the Centre shall be at such rates from time to time published by the Centre at Fees.

All fees or charges payable to the Centre are in Indian Rupee (INR) currency unless otherwise stated or shown. Payment using the Payment Service shall be made by credit card, debit card, net banking, or any method(s) specified by the Centre from time to time. You may select one of the permitted modes of online payment displayed on the Website. You shall ensure appropriate arrangements with the relevant financial institution as to confirmation, approval or authorization necessary for payment of your instruction.


By submitting your particulars under the Payment service, you acknowledge and agree that

a. you have the right to operate the account, whether it is a credit card account, or any other account (your Account) from or through which payment is made to the Centre, entered into the Website by you;

b. all particulars given under the Payment Services are accurate and complete;

c. The Centre shall be irrevocably authorized to debit your Account the sum shown to or selected by or entered into by you under the Payment Service; and

d. you shall be bound by this Agreement

e. Each financial institution has prescribed its own security measures as regard the use of credit card or any other card for online or electronic payment to the Centre through the Internet and the Website. You shall satisfy yourself with the security measure adopted by the relevant financial institution of your card or card account before you employ a particular mode of online or electronic payment. The Centre shall not accept any liability or responsibility for any delay or failure in confirmation approval or authorization of online or electronic payment due to any break down, non-function, malfunction or any other fault of the hardware or software of the system, network, equipment or device involved in connection with the processing or effecting of the online or electronic payment.

f. To the extent permitted by the law, the Centre shall not liable or responsible for any fraud or unlawful activities practiced by a third party or any loss and damages inflicted to the user by any third party on your Account arising out of or in connection with your use of the Platform.

11. Refund

One-time registration fee as prescribed Clause 10 is non-refundable. However, the Centre shall refund the payment made, as may be required by the Centre, in its sole discretion, in the event of any technical snags between the users network and/or the Centre and/or the issuing bank wherein the User’s transaction did not complete, whereby the User was/ were charged twice for a single transaction (duplicate processing) or for any other reason/s decided by the Centre at its sole discretion. Such request for refund shall be processed if it is made within a stipulated period of 30 days of payment.

 

12. Access, Uptime and Availability

The Website is network dependent. The Centre reserves the right, at its sole discretion, to change, improve and correct the Website. The Website may not be available during maintenance breaks and other times. The Centre may decide to discontinue the Website or any part thereof at its sole discretion and at any given moment. The Centre does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction, and does not represent or warrant that your access to the Website will be error-free, virus-free, uninterrupted, and that the Website servers will be up permanently.

13. Limitation of Liability

You expressly understand and Agree that the Centre shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, or other losses (even if advised of the possibility of such damages) resulting from any matter related to your use of this Website.

14. Indemnification

You agree to defend, indemnify and hold the Centre, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, representatives, licensees, successors, assigns and contractors harmless from and against, and reimburse to the Centre or any such party in full any costs or expenses arising or resulting from, any and all third party claims and all liabilities, assessments, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees resulting from or arising out of:

a. Any breach by you of these Terms of Use;

b. Misuse of the Website by a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse.

c. This provision shall remain in full force and effect notwithstanding any termination of your use of the Mediation Website.

15. Waiver

No act, delay or omission by the Centre shall affect its rights, powers and remedies under this Agreement or any further or other exercise of such rights, powers or remedies. The rights and remedies under this Agreement are cumulative and not exclusive of the rights and remedies provided by law.

16. Jurisdiction and Applicable Law

The Website and its contents are intended to comply with applicable laws and regulations of India. Although the Website itself and the information available via the Website may be accessible to users outside India, the information on the Website pertaining to the Centre is intended for use only by residents of India. The Website may link to other sites produced by the Centre’s operating divisions and subsidiaries, some of which are located or hosted or intended to be accessed and used outside India. Those sites may have information that is appropriate only to that particular originating country. The Centre reserves the right to limit provision of the Website to any person, geographic region or jurisdiction.

These Terms of Use shall be governed by the laws of India, without regard to its conflict of law provisions.

17. Dispute Resolution

You and the Centre agree to submit to the exclusive jurisdiction of the competent courts in Bengaluru to resolve any legal matters arising from these Terms of Use or relating to your access and use of the Website. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

18. Severability

Each of the provision of this Agreement is servable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

19. Change of terms of use

The Centre reserves the rights to vary or amend the terms and conditions of this Agreement from time to time at its sole discretion without prior notice. Any variations or amendments shall take effect upon posting of the same on the Website. If you do not agree to any variations or amendments to this Agreement, you shall immediately stop using the Website.

20. Contact Details

If you have any comments or questions concerning your access and/or use of the Website, please contact the Website using the following contact: ocmc@nls.ac.in

December 2016