The terms and conditions in this Agreement, ( herein after known as "Terms" or “Conditions” or
"Agreement") constitutes an electronic record and it forms part of an electronic contract with
in the meaning of the Information Technology Act, 2000, and the rules made thereunder.
These terms shall be read along with the all the rules framed by cnica for arbitration,
mediation, conciliation, odr and for venue usage as its amendments made from time to time.
The terms "we/us/our", individually and by and large allude to Trust for Alternative Dispute
Resolution, a Trust under which aegis the Council for National and International Commercial
Arbitration; the expressions "CNICA", individually or with suffix or prefix, allude to
https://www.cnica.org; and the expressions "you/your/yourself/user" allude to any legal person
or entity accessing the website who is eligible to enter into a binding contracts, as per the
provisions of the Indian Contract Act, 1872. You further confirm that you are a body corporate
or a legal entity or a person as per the laws in India.
Cnica.org is an arbitral institution providing various arbitration and allied services.
CNICA will not provide any advice and any inference found in any part of the website or
otherwise which is understood to be an opinion or advice shall not be binding on us.
CNICA does not provide any monetary commitment to its members. Members shall join with the
intension of being part of inculcating knowledge in ADR with one another.
Membership shall not automatically infer any place in any panel. Membership does not infer any
reference of arbitration case or any other monetary benefit.
By utilizing the website , you indicate that you understand, agree and agree to the Terms and
the CNICA Rules and its amendments from time to time, wherever it applies. In the event that you
don't agree with the Terms or the rules above said, you may not use the website .
The user explicitly agrees that we retain the sole and elite right to amend or change the Terms
the user explicitly agrees that any such amendments or modifications shall become effective
immediately and to all pending cases.
Your use of the website is represented by the Terms and the Policy. Each time you use the
website, the ongoing rendition of the Terms will oversee your use. The terms herein shall be
deemed to have been read by you in its entirety.
You unequivocally agree that the Terms and the Policy comprise a legally binding agreement among
you and us, and that you shall be dependent upon the terms applicable to any help that is given
by the website, and that the same shall be considered 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 expected to make the Terms and the Policy binding on you,
and that your act of visiting any part of the website is your full and final acceptance of the
Terms and the Policy.
CNICA shall not have any obligation or rights that may be found in the agreement between the
parties to the dispute who have chosen to resolve their dispute through the CNICA, except to the
obligation of provided the arbitration service as provided herein and the right to collect the
arbitrator and the administrative fees as fixed and the User agrees and undertakes that they
have satisfied themselves about the legality or enforceability thereof.
The Portal isn't expected to facilitate application of any means of resolution to a question
that isn't permitted under applicable law in that frame of mind, without limitation the use of
arbitration in relation to non-arbitrable disputes. The portal shall function as per the CNICA
rules and as per provided under the Arbitration and Conciliation Act 1996.
The User undertakes that the User has been allowed to access the web site subject to the User
undertaking to avoid any of the accompanying for any reason:
The user shall not or shall not attempt to use the systems of CNICA via any automated
or take any action that is against our interest. The use shall not cause or attempt to
unreasonable or disproportionate load on the servers or network infrastructure of
user shall not upload any virus or any other software which would hamper the functioning
bypass any computer program or system used by portal that expected to recognize human
contribution from machine input, forestall spam or automated extraction of data, robot
headers or different measures that limit access to the Services or data contained in the
the Portal, or use any software, technology, or gadget to scrape, bug, or crawl the
Portal, or the systems of CNICA or harvest or manipulate data of CNICA or any users of
provide false, misleading, tricky, fabricated or inaccurate evidence intentionally,
declaration or witness statements or use the CNICA Services for any unlawful or illegal
engage in communication or post any material on the Site or the Portal that is abusive,
offensive, threatening, obscene, defamatory, casteist, sexist, pornographic, inciting
or otherwise misleads or intimidates an individual or gathering on the basis of
gender, sexual orientation, race, caste, ethnicity, age, or disability, other than to
that such material comprises an essential and indispensable part of the claims,
counter-claims of the User submitted in relation to an active Dispute;
use another user's account on the Portal without permission or authorisation; to
account of an institutional user with numerous accounts, all the accounts of the
user shall be considered to be the accounts of the same user for the reason for this
provide false, fabricated, misleading, or inaccurate information during account
destabilise, attempt to destabilize, disrupt or attempt to obstruct the legitimate
the Portal or the CNICA Services by utilizing or accessing the Portal or the CNICA
through means other than what CNICA has given;
publish or connection to malicious content planned to damage or upset another user's
modify, translate, download, print, archive, display, adapt, enhance, decompile,
reverse engineer, exploit commercially or otherwise, create derivative works from, make
duplicates or create archives of the Site, the Portal or any content consequently for
reason, besides as unequivocally permitted as part of the Services made available in
the Active Dispute or as agreed with CNICA ; to clarify, the foregoing won't be
any action taken by a User with the prior assent of CNICA ;
facilitate the use of the Site, the Portal or the Services by or to the advantage of,
abuse, 'stalk', harm, threaten, impersonate, harass, deceive, any other person or entity
using the Portal, the Site or the Services;
hack, infiltrate or otherwise try to gain unauthorized access to, or compromise the
respectability of, the Site or the Portal;
breach or attempt to breach the security of software, network, servers, data, computers
other hardware relating to the Site or the Portal or that of any outsider that is
or interfacing with any part of the Site, the Portal;
Violate any applicable local, state, national or international law or regulation.
The User acknowledges and agrees that:
The User has no knowledge about any ground or circumstances that may determine any mala
or illegitimate advantage by use of Services, the Site or the Portal or the institution;
the User is solely liable to CNICA for the services provided, the payment of charges
associated with the use of the application or use of the Services in relation to the
sought to be resolved, regardless of any result of such application or use of the
The User shall make best endeavors to give to provide all information, data, content,
messages, graphics, drawings, sound and image files, photographs, recordings, software
general, whatever kind of material provided by the user in the course of availing the
The User shall not make CNICA or the trust liable for any information or documents
or uploaded by the users in the portal in the course availing the services provided;
The User has all the necessary gear, systems, network, assets, capabilities,
skill, technological and other awareness to use the portal and the Services provided in
just and transparent manner;
CNICA shall not be liable for any malfunctions, errors, crashes or other adverse
that is solely attributable to the User's use of the Site or the Portal;
CNICA shall not be liable for any loss of data or information that has been provided by
users in the website while availing the services;
The Site, the Portal, any software possessed or created or used by CNICA (Software) in
relation to the Services and all right, title, and interest in such Site, Portal and
shall be the sole property of CNICA/The Trust mentioned above;
The User's use of, access to, the Site, the Portal, the Software, hereunder comprise a
restricted permit from CNICA to the User, to use the Services made available on the
contemplated hereunder, and that the User has no different freedoms or interest in, or
over the Site, the Portal, the Software or any other intellectual property of CNICA
CNICA doesn't request nor does it wish to get any confidential or proprietary
personal data, or other material from the User through the Portal, by email, or in any
way, which isn't needed for settling an Active Dispute. Any confidential, unknown or
information, personal data, any ideas, ideas, strategies, systems, plans, plans,
other similar materials submitted or sent by the User to CNICA, while using the services
otherwise, through the Portal, by email, or in any alternate way are subject to any
privacy obligations of CNICA under this agreement or any separate agreement entered into
by the User; CNICA pre-screen, monitor, or otherwise alter User Content posted, or
made available to any other person, on or through the Portal; in any case, CNICA holds
(however assumes no obligation) to, at its sole tact, refuse, sift through, pre-screen,
eliminate any User Content, in entire or part, that, doesn't follow the terms herein or
opposed to law or public policy or is illegal, or is otherwise undesirable or
any individuals' forum, public forum, message boards or remarks areas on the Site or the
that can also be accessed by persons other than the User, admin of CNICA;
All communications and evidence, settlement conversations, negotiation and mediation or
or arbitration proceedings, whether via the actual Website or CNICA initiated video
calls or different conversations, will remain confidential in light of a legitimate
promoting settlement. The Parties further agree that neither one of the parties shall
action that will harm the reputation of any of the other, or which would reasonably be
to lead to unwanted or unfavorable exposure to both of the Parties or elements. This
confidentiality clause doesn't apply to facts, communication, documentation or other
got or gathered beyond the CNICA dispute resolution process.
Without bias to any different privileges of CNICA, CNICA may, at any time, limit,
disallow the User's access to the Site, the Portal or the Services assuming that the
User is in
breach, or assuming CNICA has reason to accept such User is in breach, of these ToU.
change, add or eliminate any of the Services or features available on the Portal, or may
the Portal in general, at any time. Nonetheless, CNICA won't end any feature or
for which a User has already paid Charges to CNICA without mutual agreement with such
except if CNICA replaces such feature or Administration with an alternate feature or
Administration that has the same impact as such suspended feature or Administration
User or any person representing the user or logging in under the user’s id shall not in
infringe the intellectual property right of CNICA and its site. They shall not be
have screen shots except for the purpose of evidence. The Process formed by the CNICA
be sought to be infringed or copied or adopted.
By agreeing to use the Portal, the User agrees to reimburse, guard and hold CNICA, its
affiliates, officials, directors and workers from any and all claims, liabilities,
costs, including reasonable legal charges, arising in any capacity from the User's use
Site, the Portal, the other arbitration Services and any violation of these ToU by the
CNICA shall not be liable for any misfortune, cancellation, removal, or failure of
("Misfortunes") to the planned beneficiary of any User Content, whether caused by
infection, unauthorized access, malicious attack or otherwise except if such Misfortunes
solely attributable to CNICA . The User is encouraged to retain a back-up duplicate of
Your use of the site and the portal is at your sole risk, which is given on an "as is"
"as available" basis. We explicitly disclaim all warranties of any sort, whether express
suggested. We don't guarantee the accuracy, fulfilment, justness, fairness, neutrality,
or usefulness of the services, any proceeding or award or settlement, any other
content given by cnica, and you depend on the services and other help or content of
your own risk. Any material that you access or obtain through our services is finished
own carefulness and risk and you will be solely liable for any damage to your computer
of data that outcomes from the download of any material through our services. A few
jurisdictions may preclude a disclaimer of warranties and you may have different
vary from one jurisdiction to another.
To the maximum degree permitted by applicable law, we won't be liable for any immediate,
backhanded, incidental, special, consequential, or exemplary misfortunes or damages,
however not restricted to, damages for loss of benefits, altruism, use, data, or other
intangible misfortunes (regardless of whether we have been advised of the chance of
damages), coming about because of your use of the services, the portal for resolving
disputes. By no means will the total liability of cnica and our licensors of any sort
out of or related to your use of the services (counting yet not restricted to warranty
regardless of the forum and regardless of whether any action or claim is based on
tort, or otherwise, surpass the amounts, if any, that you have paid to us for your use
services in relation to the active dispute to which such losses or damages relate.
These ToU and any access to or use of the Site or the Portal will be administered by the
of the India. Any and all dispute arising under these terms of agreement or otherwise
the parties shall be resolved by a sole arbitrator through online process in a portal in
and as per the laws of India. The jurisdiction of the courts shall be at Chennai, India.
The User agrees that CNICA may refer to the User as to whom it has provided services, on
Site and in other marketing material of CNICA .
If any part of these ToU is held invalid or unenforceable, that part will be understood
have been deleted and the same shall not affect the remaining portions and the same
in full force and impact. A waiver by one or the other party of any terms or any breach
in any one instance, won't waive such term or condition or any resulting breach thereof.
The User may not assign their freedoms hereunder to any other party without CNICA 's
composed assent; CNICA may assign its privileges under these ToU without condition.
will be binding upon and will acclimate to the advantage of the parties and their
v. The User acknowledges that administrative fees and the arbitrator’s fees are payable only
after they have availed the services. In such case the refund of the amount paid does not arise.
Hence there shall not be any refund.
w. For the Venue if the cancellation is done 45 days in advance and if the venue is occupied by
some other person then 90% of the amount paid in advance shall be refunded. If the cancellation
is done after 45 days or if the venue has not been occupied then there shall be no refund.
x. Membership fees shall not be refunded once it is paid.
y. CNICA does not provide any shipping services and same does not apply.