These Terms and Conditions (“Terms” or “Agreement”) is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, and the rules made thereunder.
The terms “we / us / our / platform / Presolv360”, individually and collectively, refer to https://www.presolv360.com/; and the terms “you / your / yourself / user” refer to any legal person or entity accessing the platform who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
Presolv360 is an online dispute resolution platform built for quick, economical and effective resolution of your legal disputes. We have created an electronic arbitration module called as ‘Arbitration360’ and an electronic mediation module called as ‘Mediation360’ by blending technology, innovation and human expertise to bring dispute resolution right at your fingertips. They are collectively referred to as “Services”.
Your use of the platform is governed by the Terms and the Policy. Each time you use the platform, the current version of the Terms will govern your use. Accordingly, each time you use our platform, you should check the date at the bottom of this Agreement’s page to be sure that you’ve read the most recent version.
You unequivocally agree that the Terms and the Policy constitute a legally binding agreement between you and us, and that you shall be subject to the terms applicable to any service that is provided by the platform, and that the same shall be deemed 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 required to make the Terms and the Policy binding on you, and that your act of visiting any part of the platform constitutes your full and final acceptance of the Terms and the Policy.
The Company is not a law firm and does not provide legal advice. Services provided or use of any material provided by the Company is not a substitute for legal advice. Only a legal practitioner can provide legal advice. A legal practitioner should be consulted for any legal advice or matter. No attorney-client relationship is created by receiving services or use of materials provided by us. We engage various legal experts for provision of legal services.
The Services provided through the platform are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. The platform does not cater to individuals less than 18 years of age. By accessing or using the platform, you represent that you are 18 years or older. In the case of a minor (under 18 years of age), a parent or guardian must accept the Terms and guide all consultations under the Services offered.
In order to avail our Services, you need to register on Presolv360 by creating an account by providing your details, including but not limited to first name, last name, office or residential address, nationality, e-mail address and mobile number (individually and collectively referred as “Personal Information”), on the ‘Login / Create Account’ page of the platform. You are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your Personal Information change, do notify us via e-mail at firstname.lastname@example.org.
Once you complete the registration process, you are responsible for maintaining the confidentiality of your account’s username and password and are fully responsible for all activities that occur under your account.
You shall immediately notify Presolv360 via email at email@example.com with full details if: (a) you discover or suspect unauthorized access to your account; (b) you notice discrepancies that might be attributable to unauthorized access; (c) you forget your username and / or password; or (d) you discover a security flaw on the platform.
By providing your Personal Information to us, you agree that we may send you informational / promotional text (SMS) messages and e-mail notifications. You may opt-out of receiving informational / promotional text (SMS) messages or e-mail notification from us at any time by intimating firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with your e-mail address and the phone number of the mobile device receiving the messages.
However, for the purpose of the Services availed through the platform, Rule 4 of Presolv360’s Dispute Resolution Rules set out the obligations of the user in respect of emails and platform use. Click here for more details.
1. While availing any of the payment method(s) available on the platform, we will not assume liability for any loss caused to users due to payment issues arising out of the transactions.
2. The payment for all Services available on the platform shall be made mandatorily in Indian National Rupees which are acceptable in the Republic of India. The platform will not facilitate transactions in other forms of currency with respect to the Services availed on the platform.
3. You, as a buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with us to purchase the Services using the payment facility, and you shall pay the transaction price through your issuing bank to us using the payment facility.
4. You represent and warrant that if you are purchasing something from us, that you will have the following options of payment: -
5. You warrant that in case you are making the payment by credit card, (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company. In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability of usage of a fraudulent card will be on person who indulges in such activity and the onus to ‘prove otherwise’ shall be exclusively on such person.
6. We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with us or breach / violation of any law or any charges imposed by issuing bank or breach of any policy.
7. All valid credit / debit card and other payment instruments are processed using a trusted payment gateway or appropriate payment system infrastructure, and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
8. All online bank transfers from valid bank accounts are processed using the payment gateway provided by the respective issuing bank which supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.
We strive to ensure that the Services you avail through the platform are to your full satisfaction and are the best in the industry. However, after placing an order, if you wish to cancel the order, you shall send an email to email@example.com along with the details of the order that needs to be cancelled and mention a valid reason for such cancellation. The order can be cancelled at any time, however, the fees paid for the Services are non-refundable. Refunds cannot be issued under any circumstances, unless the order is not processed after purchase or any of the Services are rejected outright by us.
Use of the platform is governed by our Policy. Please note that the Policy contains important terms, conditions, and declarations relating to any information, including sensitive personal data or information as defined in the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, that constitute your consent to the manner in which such information and sensitive personal data and information may be accessed, used, exploited, and stored by the Company, and your use of the platform constitutes an acceptance of such terms, conditions, and declarations. We encourage you to read and review the terms of the Policy closely.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the platform. Limited reproduction and copying of the content of the platform is permitted provided that our name is stated as the source and our prior written permission is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the platform is not permitted.
You agree and undertake to use the platform and the services only to share messages and material that is proper. By way of example, and not as a limitation, you agree and undertake that when using any Services or the platform, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. Violate any code of conduct or other rules and guidelines;
4. Violate any applicable laws or regulations for the time being in force in or outside India;
5. Violate any of the terms of this Agreement, Policy or any other terms and conditions for the use of the platform contained elsewhere herein.
You expressly agree that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that —
a) belongs to another person and to which the user does not have any right to;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You hereby warrant that you are capable of agreeing to the Terms and that this Agreement is not in contravention to any rights of any party with whom you have any agreements, at any time prior to your acceptance of the Terms.
You agree to provide and continue to provide all details about yourself as may be required by Presolv360, including but not restricted to Personal Information, and state that all details, information and facts represented to us are true, complete and accurate.
No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the platform.
The platform including any content or information contained therein or any website linked to the platform, or any product or service licensed or purchased through the platform, is provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to warranties of title or non-infringement or warranties of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable.
We do not warrant that your access to the platform will be uninterrupted or error-free, that defects will be corrected, or that the platform or the server on which the platform is hosted is free of viruses or other harmful components. Access to and use of the platform and the information provided herein is at your own risk and we do not undertake any accountability for any irregularities, viruses or damage to any computer or device that results from accessing, availing or downloading of any information from the platform. We do not warrant or make any representations regarding the use of or any consequences resulting from the use of any product and / or service purchased in terms of its compatibility, correctness, accuracy, and reliability or otherwise. You assume total responsibility and risk for your use of the platform and all platform-related services.
You agree that we and our directors, officers, employees, agents, sponsors, consultants, business partners or other representatives shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or any other theory arising out of or relating in any way with the use of the platform or in reliance of the information available on the platform, platform-related services, or any products or services offered or sold or displayed on the platform.
If the foregoing limitation is held to be unenforceable, our maximum liability to you shall not exceed the amount of fees paid by you for the products or services that you have availed through the platform.
The possibility exists that the platform could include inaccuracies or errors. Additionally, the possibility exists that unauthorized additions, deletions or alterations could be made by third parties to the platform. Although we attempt to ensure the highest level of integrity, correctness and authenticity of the platform, we make no guarantees whatsoever as to its completeness, correctness or accuracy. In the event that any inaccuracy arises, please inform us at firstname.lastname@example.org so that it can be corrected.
The information, materials, Services available on the platform may inadvertently include inaccuracies, typographical errors, or outdated information. We are not responsible for and shall not be bound to honor typographical or pricing errors on the platform. We reserve the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which we believe the buyer has violated applicable laws or the terms of this Agreement, orders that we believe are harmful to us or orders that we believe are fraudulent or based on illegal, fraudulent or deceitful use / furnishing of information or based on false information.
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, we own all intellectual property rights to and into the platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the platform belonging to platform without obtaining prior authorization from us.
2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide, including any text, data, personal information, images, photographs, or any other material which you may upload or transmit.
This platform contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This platform and all Content are the copyrighted property of the Company, and / or its subsidiaries, or the copyrighted property of parties from whom we have licensed such property. All rights in this platform and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in herein. We reserve the right to add to, delete from, or modify any part of Content at any time without prior notice.
Third party content may appear on the platform or may be accessible via links. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third-party content appearing on the platform. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect our belief.
You acknowledge and agree that nothing mentioned on the platform shall be construed as a guarantee or promise of the results or effectiveness of the Services rendered. We assure you that we will provide the Services in a professional manner, in good faith and in accordance with all the relevant national, state and local laws. Nonetheless, we do not promise or guarantee any results.
You agree to indemnify, defend and hold harmless us, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by you, that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the terms herein.
By using the platform, you consent to electronically receive from us any communications including but not limited to notice, instructions, communication, notification, order, award, agreements, legally required disclosures or other information.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities, subject to confidentiality obligations of the Company, relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. We reserve our right to seek all remedies available at law and in equity for violations of the terms of this Agreement, including but not limited to the right to block access from a particular internet address to the platform and Services.
We make every effort to maintain the confidentiality of Personal Information, Content or any other information submitted by you to our system and not disclose it to any third party. We have implemented appropriate managerial, technical, operational and physical procedures to safeguard your Personal Information, Content and any other information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access. For more information, refer to Standards adopted by Presolv360.
The terms of this Agreement are effective until terminated. You agree that we may terminate your access to the platform at any time for any reason without prior notice or liability.
The Terms, the Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this platform will together constitute the entire and whole agreement between the you and us, and together are intended as a complete and exclusive statement of the terms of this Agreement. This Agreement shall supersede all other communications between you and us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find the terms of this Agreement unacceptable or if you do not agree with them, kindly refrain from using the platform.
If at any time any provision of this Agreement is or becomes, or is adjudicated by any court of competent jurisdiction or public authority to be illegal, invalid or unenforceable in any respect under the law of any jurisdiction, this shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
We will not be considered to have waived any of the rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
Neither you or us shall be liable to the other if, and to the extent, that the performance or delay in performance of any of its obligations under this Agreement is prevented, restricted, delayed or interfered with, due to circumstances beyond the reasonable control of such party, including but not limited to, Government legislations, fires, floods, explosions, epidemics, accidents, acts of God, wars, riots, strikes, lockouts, or other concerted acts of workmen, acts of Government and / or shortages of materials, hacking, unanticipated technological or natural interference or intrusion, loss or damage to satellites, loss of satellite linkage or any other data communications linkage, loss of connectivity or any other irresistible force or compulsion.
In the event that any disputes, differences, claims and questions whatsoever arising out of or in connection with or incidental to or touching this Agreement or the construction or application thereof or any clauses or thing herein contained or in respect of any account and the duties, responsibilities and obligations of either party hereunder or as to any act or omission of any party or as to any other matter in anywise relating to these presents or the rights, duties and liabilities of either party under these presents shall be resolved and settled by Arbitration, and administered electronically, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The Parties agree that the aforesaid proceedings shall be carried out by a sole arbitrator. The juridical seat of the arbitration shall be at Mumbai, India. The language of the arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. Each Party shall bear its own cost of arbitration. In the event the arbitration proceedings cannot be administered electronically, the proceedings shall be conducted physically and the venue of the proceedings shall be Mumbai, India.
This Agreement shall be governed by and construed in accordance with law prevalent in India. You hereby agree that the courts having jurisdiction in Mumbai shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and to resolve any disputes, arising in connection with this Agreement.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
If you wish to contact us for any reason regarding the terms of this Agreement, kindly e-mail it to us at the following address: email@example.com.
Last updated on 1 January 2020.