Terms & Conditions
I. “ADR.CARE” (hereinafter, the “Website”) is owned and operated by WECARE.DIGITAL.
III. A dispute is considered to be an ‘Active Dispute’ after an invitation by a party to a dispute to use ADR Services through ADR CARE’s Portal in relation to a dispute is accepted by all the other parties to such dispute and ADR CARE agrees to allow all parties to such dispute access to the ADR Services through its Portal for resolution of such dispute. Any violation of these TOU by the User or any other party to an Active Dispute may lead to ADR CARE suspending, aborting, or limiting the ADR Services to the parties to such Active Dispute. The User is solely and completely responsible for understanding and complying with any and all laws, rules, and regulations of India that may be applicable in connection with the User’s use of the Website, Portal, and the ADR Services.
IV. Access to the ADR Services facilitated by ADR CARE and any award made by any dispute resolution professional (DRP) in relation to an Active Dispute do not and do not purport to constitute the expression of any legal opinion or view on any provision of any law by ADR CARE. Any award, order, settlement proposal, direction, or any other communication (written or otherwise) of any nature provided by ADR CARE or a DRP to the User (ADR CARE Communication) is intended to be relied upon only by the User and any parties to the Active Dispute in relation to which such ADR CARE Communication is issued and only in connection with the matters to which the ADR CARE Communication relates and should not be used, quoted or referred to in any document or for any purpose other than as explicitly mentioned in such ADR CARE Communication unless the same is required for the purpose of dealing with an appeal application made with respect to the award.
V. The provision of access to the ADR Services on the Portal pursuant to these TOU is subject to the User’s prompt payment of any fees agreed between the User and ADR CARE in writing, as amended from time to time.
VI. ADR CARE does not have any control over the legality or enforceability of the inter-se agreement between the parties to an Active Dispute that forms the basis for its reference to ADR CARE, and the User agrees and undertakes that they have satisfied themselves about the legality or enforceability thereof.
VII. The Portal is not intended to facilitate the application of any means of resolution to a dispute that is not permitted under applicable law in India, including without limitation the use of arbitration in relation to non-arbitrable disputes. By providing the use of the Portal for accessing the ADR Services in relation to an Active Dispute, ADR CARE does not warrant the permissibility of the use of such means for resolution of the Active Dispute under applicable law. The User may access the Portal and the ADR Services in relation to the resolution of an Active Dispute if the User believes that the same is permissible under applicable law. The following is an indicative list of matters that ADR CARE believes are ‘non-arbitrable’ in nature under applicable law:
A. Relating to rights and liabilities which give rise to or arise out of criminal offenses.
B. Matrimonial court disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody.
C. Guardianship matters.
D. Insolvency or winding-up matters.
E. Testamentary matters (relating to grant of probate, letters of administration, or succession certificate).
F. Arising out of a trust deed or the Indian Trusts Act, 1882.
G. Anti-trust/competition laws.
I. Consumer disputes in which a party has approached the National Consumer Disputes Redressal Commission.
2. Eligibility, Restrictions, and Undertakings
I. The User represents that it is either a body corporate duly incorporated under the laws of India or a citizen of India with a capacity to contract under the laws of India.
II. The User undertakes that the User has been allowed access to ADR Services on the Portal subject to the User undertaking not to do any of the following under any circumstances:
A. Use or attempt to use the systems of ADR CARE by way of any automated means, or take any action that, in the view of ADR CARE, causes or potentially may cause an unreasonable or disproportionate load on the servers or network infrastructure of ADR CARE; to clarify, the foregoing will not be applicable to any action taken by a User with the prior consent of ADR CARE.
B. Bypass any computer program or system used by ADR CARE that intended to distinguish human input from machine input, prevent spam or automated extraction of data, robot exclusion headers, or other measures that restrict access to the ADR Services or data contained in the Website or the Portal, or use any software, technology, or device to scrape, spider, or crawl the Website, the Portal, or the systems of ADR CARE or harvest or manipulate data of ADR CARE or any users of the ADR Services.
C. Provide false, misleading, deceptive, fabricated, or inaccurate evidence purposefully, testimony or witness statements or use the ADR Services for any unlawful or illegal purpose.
D. Engage in communication or post any material on the Website or the Portal that is abusive, offensive, threatening, obscene, defamatory, casteist, sexist, pornographic, inciting violence, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, caste, ethnicity, age, or disability, other than to the extent that such material constitutes an essential and indispensable part of the claims, pleadings or counter-claims of the User-submitted in relation to an active Dispute.
E. Use another user’s account on the Portal without permission or authorization; to clarify, in the case of an institutional user with multiple accounts, all the accounts of the institutional user shall be deemed to be the accounts of the same user for the purpose of this clause.
F. Provide false, fabricated, misleading, or inaccurate information during account registration.
G. Destabilise, attempt to destabilize, interfere with or attempt to interfere with the proper functioning of the Portal or the ADR Services by using or accessing the Portal or the ADR Services through means other than what ADR CARE has provided.
H. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
I. Modify, translate, download, print, archive, display, adapt, enhance, decompile, disassemble, reverse engineer, exploit commercially or otherwise, create derivative works from, make copies or create archives of the Website, the Portal, or any content thereon for any purpose, except as explicitly permitted as part of the ADR Services made available in relation to the Active Dispute or as agreed with ADR CARE; to clarify, the foregoing will not be applicable to any action taken by a User with the prior consent of ADR CARE.
J. Facilitate the use of the Website, the Portal, or the ADR Services by or to the benefit of, any unauthorized third parties.
K. Abuse, ‘stalk’, harm, threaten, impersonate, harass, deceive, any other person or entity through the use of the Portal, the Website, or the ADR Services.
L. Hack, infiltrate, or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website or the Portal.
M. Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Website or the Portal or that of any third party that is hosting or interfacing with any part of the Website, the Portal.
N. Violate any applicable local, state, national, or international law or regulation.
III. The User acknowledges and agrees that:
A. The User is not aware of any ground to believe that it will derive any mala fide or illegitimate benefit by the use of ADR Services, the Website, or the Portal in relation to the active Dispute.
B. The User is solely liable to ADR CARE for the service fees associated with the application or use of the ADR Services in relation to the active Dispute, regardless of any outcome of such application or use of the ADR Services.
C. The User shall make best endeavors to provide to ADR CARE and any DRP appointed by ADR CARE, all information, data, content, messages, graphics, drawings, sound and image files, photographs, recordings, software, and, in general, whatever type of material as is sought by ADR CARE or the DRP in relation to the active Dispute, to the extent the same is available with the User in order to expedite the resolution of the Active Dispute.
D. The User has all the necessary equipment, systems, connectivity, resources, capabilities, understanding, competency, technological and other awareness to use the ADR Services in relation to the active Dispute in a fair, just, and transparent manner.
E. ADR CARE shall not be responsible for any malfunctions, errors, crashes, or other adverse events that are solely attributable to the User’s use of the Website or the Portal.
F. The Website, the Portal, any software owned or developed or used by ADR CARE (Software) in relation to the ADR Services and all right, title, and interest in such Website, Portal and software shall be the sole property of ADR CARE and any licensors of ADR CARE if any.
G. The User’s use of, access to, the Website, the Portal, the Software, hereunder constitute a limited license from ADR CARE to the User, to use the ADR Services made available on the Portal in relation to the Active Dispute as contemplated hereunder, and that the User has no other rights or interest in, or claim over the Website, the Portal, the Software or any other intellectual property of ADR CARE whatsoever.
H. ADR CARE does not solicit nor does it wish to receive any confidential, secret, or proprietary information, personal data, or other material from the User through the Portal, by e-mail, or in any other way, which is not required for resolving an Active Dispute. Any confidential, secret or proprietary information, personal data, any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials submitted or sent by the User to ADR CARE , in relation to an Active Dispute (User Content)through the Portal, by e-mail, or in any other way aresubject to any applicable privacy obligations of ADR CARE under the PP or any separate written agreements entered into by ADR CARE with the User;ADR CARE does not review, filter, pre-screen, monitor, or otherwise edit User Content posted, or otherwise made available to any other person, on or through the Portal; however, ADR CARE reserves the right (but assumes no obligation) to, at its sole discretion, refuse, filter out, pre-screen, edit or remove any User Content, in whole or part, that, does not comply with these TOU, is illegal, or is otherwise undesirable or inappropriate from any members’ forum, public forum, message boards or comments sections on the Website or the Portal that can also be accessed by persons other than the User, ADR CARE and the DRPs.
I. All communications and evidence related to intake, case assessment, settlement discussions, negotiation, and mediation conducted ADR CARE, whether via the Platform itself or ADR CARE initiated video hearings, phone calls, or other discussions, will remain confidential in the interests of furthering settlement. The Parties further agree that neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities. This confidentiality clause does not apply to facts, communication, documentation, or other information received or gathered outside of the ADR CARE dispute resolution process.
IV. Without prejudice to any other rights of ADR CARE, ADR CARE may, at any time, limit, suspend, or revoke the User’s access to the Website, the Portal or the ADR Services if the User is in breach, or if ADR CARE has reason to believe such User is in breach, of these TOU. ADR CARE may change, add or remove any of the ADR Services or features available on the Portal, or may discontinue the Portal as a whole, at any time. However, ADR CARE will not discontinue any feature or ADR Service for which a User has already paid Fees to ADR CARE without mutual agreement with such User unless ADR CARE replaces such feature or ADR Service with a different feature or ADR Service that has the same effect as such discontinued feature or ADR Service under applicable law.
I. By agreeing to use the Portal, the User agrees to indemnify, defend and hold ADR CARE, its affiliates, officers, directors and employees from any and all claims, liabilities, costs, and expenses, including reasonable legal fees, arising in any way from the User’s use of the Website, the Portal, the ADR Services and any violation of these TOU by the User.
4. No Liability for Lost Data
I. ADR CARE shall not be liable for any loss, deletion, removal, or failure of delivery (“Losses”) to the intended recipient of any User Content, whether caused by computer virus, unauthorized access, malicious attack, or otherwise unless such Losses are solely attributable to ADR CARE. The User is encouraged to retain a backup copy of all User Content.
5. Disclaimer of Warranties and Limitation of Liability
I. YOUR USE OF THE WEBSITE AND THE PORTAL IS AT YOUR SOLE RISK, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, JUSTNESS, FAIRNESS, NEUTRALITY, VALIDITY, OR USEFULNESS OF THE ADR SERVICES, ANY AWARD OR SETTLEMENT MADE BY ANY DRP, ANY OTHER SERVICE OR CONTENT PROVIDED BY ADR CARE, AND YOU RELY ON THE ADR SERVICES, THE DRP ALLOCATED FOR AN ACTIVE DISPUTE AND OTHER SERVICE OR CONTENT OF ADR CARE AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
II. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE ADR SERVICES, THE PORTAL OR THE SERVICES OF THE DRP ALLOCATED TO YOUR DISPUTE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ADR CARE AND OUR LICENSORS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE ADR SERVICES IN RELATION TO THE ACTIVE DISPUTE TO WHICH SUCH LOSSES OR DAMAGES RELATE.
A. These TOU may be modified by a written amendment signed by an authorized executive of ADR CARE, or by the posting by ADR CARE of a revised version of these TOU on the Website, provided that in case of a conflict between a provision of such revised TOU and any Specific Agreement, the Specific Agreement shall prevail to the extent of the conflict as between ADR CARE and the User with whom such Specific Agreement has been executed by ADR CARE.
B. These TOU and any access to or use of the Website or the Portal will be governed by the laws of the Republic of India, including its conflict of law provisions. Any dispute arising under these TOU shall be subject to the exclusive jurisdiction of the courts at Kolkata, India.
C. The website language translation is provided for convenience only. In case of any dispute, the English version of the website shall prevail.
D. The User agrees that ADR CARE may reference the User as its customer on the Website and in other marketing material of ADR CARE.
E. The user agrees that ADR CARE may record the option selected by him/her on the notice issued on the ADR CARE platform.
F. If any part of these TOU is held invalid or unenforceable, that part will be construed to reflect the original intent behind it, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these TOU or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
G. The User may not assign their rights under these TOU to any other party without ADR CARE’s express written consent; ADR CARE may assign its rights under these TOU without condition. These TOU will be binding upon and will inure to the benefit of the parties and their permitted assigns.