Terms and conditions for the use of the website PTR Library
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.PTR Library.com and associated website.
Your use of a PTR Library website { including www.PTR Library.com (hereinafter referred to as the “Website") and its related sites, services , Apps and tools} is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of PTR Library Private Limited and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect immediately on your acceptance of terms and conditions and/ or first log in onto www.PTR Library.com. It shall continue to remain in force till such time you have a valid subscription to the website. ("User Agreement"). PTR Library.com is an internet based port al owned and operated by PTR Library Private Limited; a company incorporated under Companies Act, 2013 having its registered office at 17 & 18, 4th Floor Agrawal Center Near, Kalupur Commercial Bank, Income Tax,
Ahmedabad, Gujarat 380009 India.
For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User I D" and "Password" ) to become Registered User or have been identified as Guest User by providing pho ne number and email id. Further, reference to “we”, “us”, “our” and “PTR Library” shall mean PTR Library Private Limited (PTRlibrary.com) and includes its associates, affiliates and subsidiary (ies). If you already are a registered user to access http://www.PTRlibrary.com and also an authorized user of its any of other proprietary product(s), this PTR Library License Agreement shall coexist with their user license terms and govern incase of any conflict amongst them
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by PTR Library at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this agreement is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Gujarat.
Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and do not seek to obtain access to or otherwise use the Website.
1.1.The term “provider,” including all its synonyms and would mean “PTR Library.com,” and PTR Library Private Limited having its registered and corporate office at 17 & 18, 4th Floor Agrawal Center Near, Kalupur Commercial Bank, Income Tax, Ahmedabad, Gujarat 380009 India, (Hereinafter termed as “PTR Library”). The term would also include any agent(s) who have been so authorized by PTR Library to act in theirbehalf.
1.2. The term “authorized user” would include any person, whether an individual or a legal entity who has subscribed to the services of PTR Library, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by PTR Library or chosen by the user or agreed upon by PTR Library. It is made abundantly clear that only the authorized user has the right to access the services so offered byPTR Library.
1.3. For the purposes of this subscriber agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an “unauthorized user” and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
1.4. The term “User” would include both the authorized and un-authorized user(s)
1.5. The terms “service” or “services” would mean to include the interactive online information service offered by PTR Library on the internet through which the user may access judgments, statutes, rules and procedures etc. the terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/record.
1.6. The term “organization” would be used to define any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person.
1.7. The term “Downloaded Data” means insubstantial portions of the Data downloaded and temporarily stored to a storage device under Subscriber’s exclusive control.
1.8. The term “Order Form” means any order form attached to this Agreement, either in print or online, setting out the Data and Features including subscription plan available to Subscriber and the price charged thereof.
2.1. The services so offered by PTR Library, are subject to the user agreeing to all the terms and conditions of the license. Not with standing any/all clauses, the terms shall be applicable mutatis mutandis on subscriber during the subsistence of subscription period (which includes period of renewed subscription)
2.2. PTR Library grants the user a non-exclusive, non-transferable, revocable, limited license to access and use for research purpose the online services and materials from time to time made available
2.2 a. The right to electronically display materials retrieved from the online services to no more than one person at a time. PTR Library sign in does not allow simultaneous access on a non-IP plan.
2.3. The license includes the right to download and temporarily store insubstantial portions of data (‘Downloaded Data”) to a storage device under subscriber’s exclusive control.
(i) To display internally such downloaded data
(ii) To quote and excerpt from such downloaded data (appropriately cited &Credited) by electronic cutting & pasting or other means in subscriber’s own work products.
(iii) To create printouts of substantial portions of data for internal use and for distribution to third parties if such third parties agrees not to distribute the printouts and on non-commercial basis.
2.4. PTR Library reserves the right to terminate this license at any time for any reason in case any of the terms are revoked.
2.5. No material/content downloaded from the Web Site of PTR Library shall be reproduced, transmitted or stored in any other Web Site nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of PTR Library.
2.6. It is made abundantly clear that PTR Library does not have absolute control over the contents posted on the web site and hence does not guarantee the accuracy, quality or integrity of such content. The views expressed in the article section of the web site are those of the respective authors and not of PTR Library. Any illegal or offensive content posted on the site, if detected, should be brought to PTR Library’s attention for immediate action. PTR Library will not be responsible in any manner for any defamatory or contemptuous matter posted herein.
2.7. All rights are not expressly granted herein are reserved.
3.1. In order to become and remain an authorized user a party has to
3.1.1.Complete the order form;
3.1.2.Pay the subscription fee applicable as mentioned in the order form;
3.1.3.Pay for usage of information/data according to the PTR Library product pricing policy. The subscription fee applicable and the product price information price card are available from PTR Library on request.
3.2. After payment of the subscription fee applicable and after reading this entire document and the Terms and Conditions and Copyright Notice contained in it, the intending subscriber should confirm that he/it accepts all the terms and conditions herein and agrees to be bound by them and to observe them strictly by clicking the “I accept” button on the program and/or by submitting to PTR Library the registration form included in this document. It is made clear that by clicking on the “I ACCEPT” button, the party gets all the rights and liabilities as it would have got in case of physically signed any document.
3.3. In the case of organizations, the individual signing shall be presumed, by the act of signing, to have represented that he has the full authority of the organization to sign and act on its behalf. The organization shall provide PTR Library with the names of all its members who will be the authorized users of the service and the said organization shall ensure that its access rights are restricted to members proposed by them. The organizations will be directly responsible and liable in case of any misuse of the service. Each sign in id allows one user to login at a point of time. Simultaneous logins are not allowed in non-IP plan.
3.4. After completion of what is prescribed in 3.1 to 3.3 above, the subscriber will obtain his/its sign-in identity and password allotment/ permission to use which will constitute the offer and acceptance of the terms and conditions herein by PTR Library and the intending subscriber, thus constituting him/ it an authorized user herein permitted to avail the service and/or access the data and information of PTR Library, in any form, and shall hereinafter be referred to as “subscriber”.
3.5.The subscriber shall be responsible for keeping secure the user identity and password required to access the Online Service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password should not be shared with unauthorized users. PTR Library reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorizeduser.
3.6. An organization may subscribe and obtain multiple license access for multiple users who are valid constituents of that organization. For this purpose, paid employees of any organization, patrons of a library, and enrolled students, faculty and other staff members of an educational institution are considered “valid” constituents. Provided however, that the organization shall bear the sole responsibility for ensuring the compliance with and observance of the terms and conditions herein entered by its constituents and shall be liable for actions of its constituents in relation to the Online Service and itscontents.
3.7. The subscriber accepts that by the action of viewing and/ or downloading the information from the PTR Library website, it has performed the action of using the PTR Librarywebsite.
3.8.In addition to the subscription fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation and which PTR Library may apply to the total billing of thesubscriber.
3.9.A detailed statement of the subscription and usage charges, for subscribers under Transactional Pricing, which the subscriber may incur, will be available for the subscriber to view
and verifyon the information service.This shall betreatedas finaland bind ingunless the subscriber shall bring to the notice of PTR Library any discrepancies within seven days of the charge having been debited to it/him after which period any such charges shall be deemed to have been debited and accepted by the subscriber.
4.1.Payments can be made either by a cheque/DD/ NEFT/RTGS/ Credit Card/ Net Banking. No cash will be accepted. The payment made against the Subscription is not refundable under any circumstances.
5.1.Subscriber intending to renew the subscription must ensure that renewal request along with the payment as due at the time of and for renewal is sent to PTR Library on or before the last due date i.e. the date until when the last subscription period is valid. Subscriber who has renewed/made payment before the expiry of the renewal period is deemed to be renewed and will be bound by Terms and Conditions of this Agreement. The subscribers account will be deactivated on the expiry of validity period ofsubscription.
5.2.Without prejudice to its rights, PTR Library in its sole discretion shall reserve the right to extend the subscription/ access period in the event of receiving assurance to clear the renewal charges within a period not later than 15 days from the date of expiry of valid subscription period. PTR Library also reserves the right to recover the assured amount, in the event of non-renewal and non-payment from the subscriber in any legal manner, under civil or criminal law, and the subscriber shall be liable for any costs thereof.
6.1.The prices, terms and conditions and/ or other matters provided in the Price List, and any modifications carried out by PTR Library and any notices served upon the subscriber by PTR Library shall be deemed to be included in the terms and conditionsherein.
6.2.PTR Library reserves the right to modify the terms and conditions including the subscription and the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect by PTR Library by electronicmail.
6.3.The subscription amount paid by the subscriber shall be for the fixed term/ plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term. However, the introduction of any additional feature/ database by third party content provider through PTR Library will be made available to the existing subscriber only after making up the deficitpayment.
6.4.The subscriber’s continued use of service after the publication of the notice conveying the modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.
6.5.PTR Library has the right to prevent access to all or part of the Web Site without notice, if the conduct of the user is in contravention with the Terms and Conditions of Use or the applicable laws. PTR Library shall have a right to make such additions to, deletions from and other modifications, as itmaydeemfitofthe databaseandinthedatabase,and/orthemannerofpresentingandproviding such databases, including the basic structure and features thereof, without giving notice thereof to the subscriber.
6.6.PTR Library shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of theService.
7.1.Except as expressly provided in the Terms & Conditions of Use of the Web Site PTR Library, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual propertyrights.
7.2.The user agrees that copyrights, trademarks, patents, designs and other proprietary rights and laws protect the Web Site. Any rights not expressly granted herein arereserved.
7.3.The user is also cautioned against any conduct on his part that infringes or purports to infringe the copyright or other proprietary rights or laws. The user shall not, under any circumstances whatsoever, use the printouts of the material available on this Web Site for any purpose that violates the copyright or any other proprietary rights of PTR Library. The user shall not remove the copyright notices or other notices from the printouts of material taken from the Website.
8.2. Certain information and data made available by PTR Library are the property of the content provider’s and are identified as such. PTR Library has been licensed by the content providers to store, catalogue and distribute this information to its subscribers. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the user. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.
9.1. The Content on the Web Site is for personal use only and not for commercialexploitation.
9.2. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage orusers.
9.3. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without PTR Library’s prior writtenpermission.
9.4. You may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permittedabove.
9.5. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available, on or through the Web Site in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content isprohibited.
9.6. Combine the whole or any part of the Data with any other software, data ormaterial.
9.7.Subscriber may use Data cached in Subscriber’s local disk drive solely in support of its use of theService.
9.8.Certain software used by Subscriber may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it isused.
9.9.Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by thisAgreement.
9.10. Subscriber undertakes to use its reasonable endeavors to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Subscriber Agreement. In the case of IP based Access, the subscriber shall, prior to commencement of subscription, provide the list of users (including the location/ branches, or as the case may be) who will be referred to as ‘Authorized Users’ under this subscriptionagreement.
9.11. Subscriber shall use its reasonable endeavors to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavors to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of thisAgreement.
9.12. The text of all the judgments provided on the site are computer generated. The authenticity, correctness and preciseness of the text of the judgments must be verified from the certified copy of thejudgment.
10.1. The services so offered by PTR Library, are subject to the user agreeing to all the terms and conditions of the license. In case any of the terms are revoked, PTR Library is entitled to terminate this subscription & discontinue the subscriber’s right to access the Service. However PTR Library shall not be liable to make any refunds in the event of subscriber indulging into activities strictly refrainedfrom.
11.1. The warranties and indemnities, the provisions in relation to the payment of money due to PTR Library and the restrictions on the rights of the subscriber in relation to the use of the Database, contained herein shall survive the termination or expiry of thissubscription.
11.2.Upon termination, the user must destroy all materials obtained from the Web works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughoutSite.
12.1.By uploading Content to submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative theuniverse.
13.1. PTR Library makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not represent or warrant that the information available on or through the Web Site will be correct, accurate, reliable, uninterrupted, or timely.
13.2. PTR Library does not represent or warrant that the Web Site will be error free, free of viruses or other harmful components, or that the defects will becorrected.
13.3.The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lostdata.
14.1.Material or information contained on or made available through the Web Site is not intended to and does not constitute legal advice nor does it, in any manner establish a client – advocate relationship.
14.2. PTR Library in the Court database provides its own citation and in addition also provides the equivalent citations applicable to relevant case law published by other publishers. By doing so PTR Library is facilitating the user to access the database through various search features. Coverage of other/ all publisher citations should be incidental and not mandatory and user thus cannot claim the availability of other publisher citations as a matter ofright.
14.3PTR Library is not obliged to attend to procurement requests of users. Without prejudice to its rights, however, PTR Library shall on its discretion procure the requested document which if procured shall be made available to user as part of itsdatabase.
15.1.PTR Library may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicablelaws.
15.2.PTR Library will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsorsmaterials.
16.1.The user of the Web Site PTR Library is subject to PTR Library’s Privacy Policy available through this link.
17.1.Except as provided in clause 8.2 hereof, no notice consent or the like (in this clause referred to generally as “notice”) required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/ its address as set out above or as otherwise notified in accordance with thisclause.
17.2.A notice given personally shall be deemed given at the time ofdelivery.
17.3.A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever isearlier.
17.4.Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actualtransmission.
17.5.The user is to keep himself aware of the terms and conditions of the website, by checking this page at least once on a month. No further notice shall be given to the user of the change in the terms and conditions one is subjectedto.
18.1.The Terms and Conditions of Use incorporate by reference, any notices contained on the Web Site, the Privacy Policy, Copyright, Terms and Conditions, which together constitute the entire agreement with respect to access and use of the Web Site. If any provision of the terms of use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remainingprovisions.
19.1.You agree to indemnify and hold harmless provider from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Site, or your violation of any rights of a third party.
20.1.PTR Library reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular Internet address to PTR Library’s website and itsfeatures.
21.1.The Terms and Conditions of Use are governed by and construed in accordance with the Indian Law and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at Ahmedabad only and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any suchaction.
22.1.The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditionsherein.
23.1.PTR Library makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for anypurpose.
23.2.The information/material provided on the Web Site is provided on an “As Is” basis. PTR Library accepts no responsibility with respect to the information on the Site expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose andnon-infringement.
23.3.PTR Library shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence ofPTR Library).
23.4.PTR Library shall not be liable in contract, tort, delict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence ofPTR Library).
23.5.Without prejudice to the generality of clause 24.3.And 24.4, in no event shall PTR Library, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any wayto
(i) Subscriber’s inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely, even if assisted by PTR Library, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on theData.
(ii) any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to Subscribers’ rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of suchdamages.
23.6. Subscriber shall accept sole responsibility for and PTR Library shall not be liable for the use of the Service by Subscriber, or any User and Subscriber shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any suchuse
23.7. PTR Library disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
23.7.1. Any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors
23.7.2. Any third party Web Sites or Content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions therefrom
23.7.3. The unavailability of this Site or any portionthereof;
23.7.4. Your use of any equipment or software in connection with the Siteor
23.7.5. Your use of theSite.
23.8.PTR Library Pvt. Ltd. shall not responsible if any information/page is downloaded from PTR Library and after downloading complete/partial, text/information is altered/removed/obscured containedtherein.
24.1.Subscriber’s exclusive remedy and PTR Library’s entire liability under this agreement if any, for any claim(s), damages relating to the copyright in data made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the charges paid by subscribers relative to the database which is the basis of the claim(s) during the period of subscription. The present indemnity shall remain in effect for the period of continuedsubscription.
24.2.None of the terms of this Agreement shall operateto:
(i) exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or their Affiliates whilst acting in the course of their employment; or affect statutory rights where this Agreement is entered into as a consumertransaction.
25.1.A User may provide links only to the homepage of this Web Site,provided
25.1.1.The user do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on thisSite,
25.1.2.The user gives us a notice of such link by sending an e-mail tocontact@PTR Library
25.1.3.The user discontinues providing links to this Site if requested by us. If you wish to provide links to a section within the Web Site, you should forward your request to us at contact@PTR Library.com and we will notify you if permission is granted, and if so, the Terms and Conditions ofpermission.
26.1.Third party Content may appear on the Web Site or may be accessible via links from the Web Site. PTR Library shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanityinthestatements,opinions,representationsoranyotherformofContentcontainedin any third party content appearing on the Web Site. PTR Library has no control or authority either over the Content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of PTR Library.
26.2.Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed byPTR Library.
27.1.PTR Library’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of PTR Library, equipment failure, industrial or labour dispute, inability to obtain essential supplies and thelike
28.1Any dispute or difference between Provider and Subscriber arising out of or relating to the existence, validity, interpretation, performance or termination of, or otherwise in connection with this Agreement ("Dispute"), shall at first instance be attempted to be amicably settled between the parties through good faith negotiations. Either party shall be entitled to invoke such negotiations by giving to the other party a notice to that effect ("Dispute Notice"). If a Dispute is not resolved by way of good faith negotiations within a period of Thirty (30) days from the date when the Dispute Notice was received by the receiving party then either party shall be entitled to refer the Dispute to arbitration in the manner describedbelow.
28.2Any Dispute not resolved by way of good faith negotiations within a period of Thirty (30) days from the date when the Dispute Notice was received by the receiving party, shall be finally resolved by arbitration in accordance with the provisions of this clause28.
28.3The arbitration proceedings shall be conducted in either English, Hindi or Gujarati only.
28.4The place of arbitration shall be Ahmedabad, Gujarat India only.
28.5The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state reasons for its/their findings inwriting.
28.6The costs of arbitration shall be determined by thearbitrator(s).
28.7In relation to any arbitration proceedings, the parties agree that the courts at Gujarat, shall have exclusive jurisdiction to the extent the court has jurisdiction under the ArbitrationAct.
