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1.General
Welcome to NFRAL. For the purpose of these Terms of Use and Service (“Terms”), wherever the context so requires:
“NFRAL”, “we”, “us”, “our” and other similar expressions however spelt refers to the National Forum For Research In Arbitration.
“You” or “your” or “user” refers to you or any person who browses or uses the Site in any manner.
“Site” or “Website” however spelt refers to the domain www.nfral.in and its sub-domains.
“Services” refers to our Site, and any Notifications we send, collectively.
“Content” refers to text content, Notifications, emails, videos, images and audio, or any combination thereof.
“Notification” refers to a message sent by email.
“Contributor” refers to any person who sends any draft to any NFRAL member with a view to have it published on the Site.
“Arbira” refers to Arbira Law Research LLP.
“Founder” refers to the Founder identified elsewhere on the Site.
The domain name and the of the Website and the brand name NFRAL is owned exclusively by the Founder. As set out elsewhere in these Terms the copyright of any work published on the Site also vests and will vest with the Founder.
The Founder has agreed to license Arbira the right to use the brand name and the domain name www.nfral.in and also assign to the LLP the copyright vis-vis-vis the work product published on NFRAL. Pursuant to this arrangement presently unrecorded in text, NFRAL runs under the aegis of Arbira.
2.Acceptance of terms
These Terms describe the terms and conditions applicable to your access and use of the Website, mobile website, mobile applications and other portals owned, operated, branded or made available by Arbira.
By accessing or using the Site in any manner you agree to be bound by the Terms and the Terms are a legally binding agreement between you and Arbira.
By using our services, including our site, you represent to us that you are major under the laws of India and hereby indicate your unconditional acceptance of these terms.
NFRAL/Arbira reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms.
3.Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms or by any domestic or international laws, statutes, ordinances and regulations. Your use of Site is your sole responsibility.
You shall not use the Site in any manner that violates any applicable or governing law. This includes (but is not limited to) not using the Site to display, upload, modify, publish, transmit, update or share any information on the Site that:
For any violation perceived or established or for any other reason at the sole discretion of the administrators of NFRAL, your access to the Site may be prohibited or restricted.
4.Copyright and Trademark
We respect other people’s intellectual property rights and if you believe that any content or material on the Site infringes on your intellectual property rights, please inform us
5.Not legal advice; disclaimer
The material on this site do not constitute advice or legal advice/opinion. They should not be relied upon in making (or refraining from making) any decision and/or making an argument before any adjudicatory or administrative authority. Any specific advice or reply to any question relating to law or any other issue that you might have should be presented to the opinion of appropriate counsel/lawyer. While care is taken to ensure the integrity, quality and availability of the service and the information provided, we do not and cannot guarantee that this service and/or the information contained are complete or accurate. We shall therefore not be liable for any loss or damage arising from or in relation to the use of this Site. Your use of (any of) the Site or services implies your acceptance of this disclaimer.
The Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, We do not warrant that: (a) This Website will be constantly available, or available at all, or (b) The information on this Website is complete, true, accurate, or non-misleading.
We will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Website. We do not warrant that this Website; information, content, materials, product(s) or services included on or otherwise made available to You through the Website are free of viruses or other harmful components.
We do not represent or warrant that this Website, the services or the materials will meet your requirements or that their use will be secure, uninterrupted or error-free.
6.Our Services and Content
We send you Notifications only if you subscribe to them. You may opt out by Unsubscribing.
We reserve the right to alter, suspend or discontinue our Services or your access to our Services in whole or in part, at any time and for any reason, without notice.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use Content available through our Services, solely for your personal and non- commercial use, and subject to any restrictions on certain types of Content set forth in these Terms.
We reserve the right to make changes to the Content, descriptions or specifications of our Services, or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed.
7.Intellectual Property Rights
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or an entity to: (i) use our Services on a service bureau, time-sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
8.Links
We may establish on the Site a hypertext link to a third-party website from time to time. Such link is provided for information and convenience of the users for academic purpose only and does not state or imply any sponsorship or endorsement of a third-party website by us. We do not have control over such third-party website and your use of such third-party website or any Off-site dealings with such third parties are at your own risk.
9.Limitation of Liability
You agree that we shall not be liable for any direct, special, incidental, indirect or consequential damages of any kind in connection with this agreement or your use of the site, even if the company has been informed in advance of the possibility of such damages.
10.Indemnity
You agree to, upon request, defend, indemnify and hold harmless NFRAL/Arbira, its affiliates, and their respective partners, officers, employees, shareholders, or agents from any and all liabilities, claims, demands, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or related to: (1) any breach of these Terms of Use for which You are responsible; or (2) your use of this Website or transmission of any materials or other content through this Website. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any such matter without Our prior written consent. This indemnification section will survive any termination or expiration of these Terms of Use.
11.Privacy Policy and License to Use
Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Site and receive and copy our Notifications, in each case, solely in the manner enabled by us and for your personal, non-commercial purposes. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any of our Site or Notifications or a sale of a copy of our Site or Notifications, and we and our partners and suppliers retain all rights and interest in our Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Our Privacy Policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by us in connection with our Services. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms and you agree to the collection, use and disclosure practices set forth therein.
By using our Services, you consent to receive communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including written communications.
12.Contributor’s agreement
By submitting any piece for publication to NFRAL, the Contributor guarantees that the manuscript is a product of their work and is unpublished. Any work originating from others must be properly identified and referenced.
The Contributor also agreed that NFRAL/Arbira shall have the Copyright over the work published on NFRAL. Contributors agree that NFRAL/Arbira can use the submission with full attribution but without further consent in any online and offline publications.
Contributors may enter into separate, additional distribution arrangements regarding work already published on NFRAL, provided a Non-Exclusive Licence is given to the subsequent distributor and the Contributor expressly acknowledges in writing, in any subsequent publication, that their manuscript was first published in NFRAL.
13.Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief.
14.Changes of Terms of Use
We reserve the right, to modify these Terms of Use at any time. Any changes to Terms of Use will be posted on the Site and your continued use of the Site following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms of Use. If any changes to these Terms of Use are unacceptable to you, you must discontinue use of the Site. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site, including for any violation of any provision of these Terms of Use. We also reserve the right to change the Site without notice to you, at any time.
15.Termination
We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms of Use, and/or your access to all or a portion of the Site and/or remove any registration information or User Content from the Site, for any reason.
Upon termination or expiration of the Terms of Use, your obligations and Company’s rights and disclaimers survive, but your right to use the Site immediately ceases. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.