On September 2, 2021, Centre for Arbitration and Consultancy Development [“CACD”] adopted amended Terms of Use, providing as follows:
Welcome to the Internet site (“Site”), applications, and services (collectively, the “Services”) provided by the CACD. These Terms of Use (“Terms”) govern your access and use of the Services provided by CACD, and any of the subsidiaries, affiliates, and entities that it controls. Each time you access and use our Services, you signify that you have read, understand, and agree to be bound by these Terms. If you do not understand or do not wish to be bound by these terms, you should not use the Services.
You represent and warrant that you are an individual of legal age and competent to contract under the applicable laws (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). Your use or access of the Services shall be treated as your representation that you are competent to contract and if you register, sign up or subscribe our offering(s) as a business entity that you represent and warrant that you have the authority to bind such business entity to these Terms. The Terms shall be void where prohibited by applicable laws, and the right to access the Services shall automatically stand revoked in such cases.
Our services are diverse, so additional terms may apply those specific to the then offerings. Additional terms will become part of your agreement with us if you use those services. To the extent there is a conflict between the rules of a specific offerings this Agreement, the rules of the specific offerings will govern.
Furthermore, CACD may revise these Terms at any time, which revisions shall be binding on you. By accessing the Services after any changes have been made, you signify your agreement on a prospective basis to the modified Terms and all of the changes.
These Terms are organized as follows.
- Rules for online conduct
- Copyright protection
- Trademarks rights
- Requesting permission
- Communications
- Links to external sites
- Links from external sites
- Privacy policy
- User submissions and its use
- Termination
- Password security
- Confidentiality
- Fees
- Ethic code for online events
- Modifications of Services
- Modification to Terms
- Indemnification
- Disclaimer
- Arbitration agreement
- Governing law and jurisdiction
- Transfer of rights
- Independent contractor status
- Feedback and contact information
- Rules for online conduct. You are responsible for obtaining and maintaining at your own cost all equipment and amenities needed for access to and use of the Services. CACD assumes no responsibility, and shall not be liable for, any damages that may affect your computer equipment or other property arising from your use of the Services.
You can visit the Services without revealing any information by which someone could identify you as a specific, identifiable individual . If, however, you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy policy. If you elect to register/ sign up with us, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.
You agree not to use the Services to make available any content that: (a) is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person; (c) violates any local, state, national, or international law or regulation; (d) transmits any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; and (e) contains malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Other than as provided in these Terms: you shall not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our Services. You undertake not to use the Services for any purpose that is fraudulent, unlawful, or interferes with the operation of the Services.
- Copyright protection. Material on this site is subject to copyright protection unless specified otherwise. All the content, manuscripts, graphics, lectures (both live and recorded), study material, assignments, case-study or other such materials made available by us or the respective third-party is for your personal use only in context of the Services. Copyrights for third-party materials displayed over the Site of CACD, are owned by the respective third-party. Reproduction of any content, modification, distribution, republication, or otherwise use for any purpose of copyrighted works by you may constitute an infringement of the copyright holders’ rights and may result in civil litigation and criminal prosecution. CACD if satisfied that any User Submissions infringes upon copyright in any way, may procedurally remove the User Submissions that violate copyright law, suspend access to the Services (or portion thereof), and/or terminate in appropriate circumstances the account of any user who uses the Services in violation of copyright law.
Procedure for notifying copyright infringement. If you believe a user of the Services is infringing your copyright, please notify us at: info@cacdindia.in. Your written notice must contain: (a) documents to identify you; (b) adequate information by which we can contact you (including postal address, telephone number, and email address); (c) a statement that use of the copyrighted material is not authorized by the copyright owner, or the law; (d) a statement, that you are authorized to act on behalf of the copyright owner; and (e) appropriate substances to identify the copyrighted work alleged to have been infringed or the subject of infringing activity (e.g., URL, IP address, manuscript). Nonetheless, we reserve the right to invite additional information and you agree to cooperate with us. Whereas an user, if believes that someone has wrongfully filed a notice of copyright infringement, we permit such user to send us a counter-notice with appropriate information to the same email addresses listed above.
- Trademarks rights. Trademarks, service marks, and trade names (collectively the “marks”) related to CENTRE FOR ARBITRATION AND CONSULTANCY DEVELOPMENT’ also known as CACD is the property of the CACD. Commercial Use of the CACD’s marks and other contents is expressly prohibited.
- Requesting permission. All rights not expressly granted herein are specifically and completely reserved. You must therefore request and obtain express permission in writing from us. CACD is selective in granting such permission. Please be advised when CACD grants permission, generally imposes a fee or conditions, it deem appropriate. To apply for permission, please send an e-mail or write to: info@cacdindia.in.
- You agree to transact with us electronically. We may provide notices to you electronically: (1) via email; or (2) by posting the notice on this Site. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery.
The person in whose name the email account is registered should generate all email sent to us. Email users shall not mask their identity by using a false name or another person’s name or account. Any personal information transmitted with an email, such as the sender’s name, email or home addresses, will be protected in accordance with our Privacy policy. For any non-personal information you provide to us by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such non-personal information contained in the email from disclosure. The submission of non-personal information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Services, their affiliates, subsidiaries or service-providers for any purpose, and the Services, their affiliates, subsidiaries and service-providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.
By signing up for the Services and providing us with your phone number, you confirm that you want us to send you information regarding your account or transactions with us and that we think may be of interest to you, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us.
- Links to external sites. The Services may contain links to third party websites that are not owned or controlled by us. In all such cases, CACD assumes no responsibility for the content, Privacy policies, Terms of use or practices of any third-party websites. Nothing on the Services or in these Terms grants, expressly or implicitly, any right or license to use any content or property of any third-party, or may be construed to mean that CACD has authority to grant any right or license on behalf of any third party. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you read the terms and conditions and privacy policy of each website that you visit.
- Links from external sites. Prior permission is required before hyperlinks are directed from any website to this Site.
- Privacy policy. Upon acceptance of these Terms you confirm that you have read, understood and unequivocally accepted our Privacy policy. It is further clarified that the Privacy policy (that is provided separately), forms an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Services.
- User submissions and its use. “User submissions” means any material you post, transmit, publish, or distribute on the Services by electronic mail or otherwise, including any data, comments, suggestions, manuscript, videos, or similar resources. Any User submissions is, and will be treated as, non-confidential and non- proprietary. As between you and us, you own all rights to your User submissions. However, you grant us or our affiliates to use your User submissions for any purpose, including but not limited to reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting.
By submitting your User submissions, you affirm, represent, and warrant that: (1) you have the necessary rights, and/or permissions to reproduce and publish the User submissions and to authorize CACD to reproduce, publish, and otherwise use and distribute your User submissions in a manner consistent with the authorizations granted by you below, and (2) neither your submission nor the exercise of the authorization granted below will infringe or violate the rights of any third party.
Authorization to CACD. By submitting your User submissions, you hereby grant to CACD a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense, and otherwise use, make available, and exploit your User submissions, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed) for purpose whatsoever, without assigning reason or justification to you.
You agree that you and not CACD, is solely responsible for your User submissions and the consequences of posting or publishing them. Further, the CACD reserve the right to display advertisements in connection with User submissions and to use those for advertising and promotional purposes without any compensation to you.
CACD reserve the right to delete or modify any User submissions that it determine to violate the terms of this Agreement or general standards of good taste at any time and at its sole discretion.
- CACD may terminate your registration or suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of CACD, any other user of the Services, or any third party. You agree that CACD shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Services (or any portion thereof). We reserve the right to investigate your use of the Services in the event we, in our sole and absolute discretion, believe you have violated these Terms. We also reserve the right to prohibit your participation in any or all of the Site’ activities if you violate any provision of this Agreement or our Privacy policy. If you do not comply with the Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). Provisions that, by their nature, should survive termination of these Terms shall survive termination.
You may discontinue your participation in and access to the Services at any time. You can request to disable your account at any time, for any reason, by emailing us here with the subject “DEACTIVATE MY ACCOUNT”.
- Password security. Registration/ sign-up with the Services is required in order to access certain services for which you may be required to select a password. You are solely responsible for all activities that occur under your password. You agree that CACD will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else’s use of your account.
- Information obtained by you by virtue of a registration/sign-up and information disclosed directly to you by CACD (“Confidential Information”) shall be kept strictly confidential by you and used only for the purpose intended and shall not be disclosed by you in whole or in part, directly or indirectly to any third party. Confidential Information shall not include information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.
- CACD reserves the right at any time to charge fees for access to the Services or to any specific feature or content that CACD may introduce from time to time. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the paid services, as well as the terms and conditions of payment that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
- Ethic code for online events. By participating in our online educational programme(s) or competition(s), you expressly understand and agree: (1) to complete all assignments or test(s) on your own, unless collaboration on an assignment is explicitly permitted; (2) not to engage in an activity that would dishonestly improve your results, vis-à-vis affect the results of others; (3) to maintain only one user account; and (4) not post study-materials, assignments or answers-script that are being used to assess participants performance to any forum otherwise than explicitly mentioned.
Upon finding that you have compromised with honesty and academic integrity, you may be subject to one or more of the actions: (1) receiving a zero for the submitted assignment; (2) immediate cancellation of registration or participation; (3) certificate, if any, awarded shall be withheld or revoked; (4) termination of your use of the Site; or (5) additional actions deemed proper may be taken at the sole discretion of CACD. Please note that, no refunds will be issued under any circumstances.
- Modifications of services. CACD reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. We may periodically schedule maintenance, and make changes to all technical aspects of this website including but not limited to the architecture, applications, design, functionalities, features, look and feel, navigation, tools, platform (and any other technical aspect of this website not mentioned above) without prior notice. You also acknowledge that unplanned system outages may occur. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Services or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should CACD exercise its right to modify, suspend or discontinue the Services.
- Modification to Terms. We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services. If you do not agree to the modified terms, you should discontinue your use of Services. Your continued use of the Services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the modified terms and conditions. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
- You agree to indemnify, defend and hold CACD harmless from all claims, causes, costs, judgments, expenses, fees (including reasonable attorneys’ fees), liabilities, losses and damages arising from or relating to your use of the Services.
- CACD expressly disclaim all warranties of any kind, whether express or implied, with respect to the merchantability, fitness for a particular use or purpose, and non-infringement of copyrights or other third-party proprietary rights. The Services are provided on an “AS IS,” basis and your use or reliance on such materials are solely at your own risk. You understand and agree that any material and/or information or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. Although the information provided on the Services is obtained from sources we believe to be reliable, CACD cannot and do not guarantee the accuracy, validity, timelines or completeness of any information made available to the visitors/users or its suitability for any particular purpose.
By visiting the Services, you maintain full responsibility for your actions when using the information contained within this Internet Site. Neither CACD, nor any of their partners, affiliates, subsidiaries, members, officers, employees, agents, service providers, or sponsors are liable or shall have responsibility of any kind to you for any loss or damage that you incur in the event of: (i) any failure or interruption of this Site; (ii) any act or omission of any third party involved in making the Site or the data contained herein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the site or materials on the Site; or (iv) your failure to comply with this agreement, whether or not the circumstances giving rise to such cause may have been within the control of the Site or of any vendor providing software, services or support. In no event will the CACD, their partners, affiliates, subsidiaries, members, officers or employees be liable for any direct, special, indirect, consequential or incidental damages or any other loss or damages of any kind even if the CACD, their affiliates or any other party has been advised of the possibility thereof.
CACD makes no warranty that it will meet your requirements, or that the services will be uninterrupted, timely, secure, free of viruses or other harmful components or error free, or that defects will be corrected. CACD makes no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the services, or that defects in the services will be corrected.
You represent and warrant to us that execution, delivery and performance of any aspect(s) of these Terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.
- Arbitration agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with us, and limits the manner in which you can seek relief from us. It is expressly understood and agreed by you that in the event of any dispute or differences arising out of using the Services shall be resolved in accordance with the CACD (Arbitration Rules) then in effect. The arbitration will proceed in the English language, by sole arbitrator in New Delhi (‘seat’ and ‘venue’), India. Both you and CACD acknowledge and agree that the total liability of CACD, for any claims under these terms, is limited to the amount you paid us to use the Services or an offering.
- Governing law and jurisdiction. These Terms and the relationship between you and the CACD shall be governed by the laws of the Republic of India as applied to agreements made, entered into, and performed entirely in the India, notwithstanding your actual place of residence.
- Transfer of Rights. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
- Independent contractor status.The relationship which CACD holds to you is that of an independent contractor. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms.
- Feedback and contact information. All feedbacks and the requests for approval and permission may be sent to info@cacdindia.in.