This online membership agreement(“Agreement”), is entered into and made effective as on the date of receipt of payment of Membership Fees by and between the following parties:
M/s Tracknext Services (PrivateCourt), a proprietor Firm, having its principal place of business at B2-688, Mascots, Times Square Building, 7th and 8th Floor, Western Express Highway, Andheri East, Mumbai, Maharashtra 400069.(E-mail: firstname.lastname@example.org) (Herein referred to as the “PrivateCourt” which expression shall unless repugnant to the context and meaning thereof, be deemed to mean and include its successor and permitted assigns.) of the First Part;
All current and future members of the PrivateCourt, who after agreeing to the terms of this agreement have accepted Membership of PrivateCourt. (Herein referred to as the “Member” which expression shall unless repugnant to the context and meaning thereof, be deemed to mean and include its successor and permitted assigns.) of the Second Part;
PrivateCourt and Member may be referred to individually as “Party” and collectively as “Parties”.
Whereas, PrivateCourt is an ODR platform and is engaged in providing Arbitration/Mediation/Negotiation (Online/Traditional) and other non-litigation services as a neutral organization through independent Arbitrators.
Whereas, Member would like to join PrivateCourt and acknowledge and agrees to be bound by the terms and conditions listed herein;
Now, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) the parties do agree as follow:
This agreement is legally binding agreement between the PrivateCourt and Members, and governs the Member’s access and use of PrivateCourt’s website (www.pvtcourt.com) and any services thereon (collectively the “Membership Services”). Hereinafter “you” or any third-party pronouns will refer to “Member”.
By accessing or using any of the membership services and by signing/acknowledging this agreement through paper or electronic means, you agree to be bound and abide by this agreement and any agreement thereto. Read this agreement carefully before using any of the Membership Services, especially this agreement may affect your legal rights, lawsuit or class action. If you do not agree to these terms, please immediately cease use of any of the membership services.
The membership services specifically provided by PrivateCourt are as follows:
Drafting, reviewing and vetting Contracts and agreements
Dispute Resolution through Arbitration, Mediation and Negotiation.
Helping members to send Legal Notices.
Drafting and Managing terms of invoices/bills/POs.
PrivateCourt is a technical Platform, which makes available the Information Technology based infrastructure and expert Dispute Resolution Professionals to its clients, as a service, for resolution of their disputes through alternate and appropriate dispute resolution methods. The services provided by Privatecourt are out-of-the-court proceedings and are totally voluntary in nature. PrivateCourt is not a law firm and the relationship between it and its clients is no attorney-client relationship.
PrivateCourt hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications, or other relationships of any Member through the Membership Service or otherwise.
PrivateCourt makes no warranties, representation, guarantees, or other promises or covenants with regards to any Members or their conduct.
Members hereby acknowledge and agrees that PrivateCourt is not responsible or liable in any way for Member’s actions and interactions and that Member’s actions and interactions are Member’s sole and exclusive responsibility.
Members will be asked to register to use the PrivateCourt Services. Members will choose a unique identifier and password. Members is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Members may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the membership services, further fraud or unlawful activity is grounds for immediate termination of this agreement.
Members agrees not to use membership services for any unlawful purpose or purpose prohibited under this clause or under any other law for the time being in force. Members agree not to take any action which may damage the PrivateCourt in any way.
Member further agrees not to use PrivateCourt or Membership Services:
To harass, abuse or threaten others or otherwise violate any person’s legal rights.
To violate any intellectual property rights of the PrivateCourt or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of PrivateCourt.
To perpetrate any fraud.
To publish or distribute any obscene or discriminatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather any information about others.
Members agrees to pay PrivateCourt Membership Fees(“Fees”) at the execution of this agreement and when PrivateCourt require thereafter.
Member hereby releases PrivateCourt, as well as PrivateCourt affiliates, founders, partners, trustees, neutrals, employees, subsidiaries, parent organizations, or other legal representatives from any claims, demand, damages or other legal action which may arise from members dispute with any person.
Each party may terminate this agreement for any reason on [TERMINATION NOTICE BUSINESS DAYS] Business Days’ notice to the other party.
PrivateCourt may terminate this agreement with immediate effect by delivering notice of the termination to the member, if
the member fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its covenants, representations, or obligations, and
the failure, inaccuracy, or breach continues for a period of 30 Business Days' after the PrivateCourt delivers notice to the Member reasonably detailing the breach.
If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.
Intellectual Property Ownership:
As between PrivateCourt and Member,PrivateCourt will have and retain ownership of all right, title and interest to technology and intellectual property developed by PrivateCourt, its Affiliates and their personnel, whether or not relating to the Patent Rights and Technology.
It is understood and agreed that PrivateCourt has been retaining, and will continue to retain, third-party service providers to provide some of the Services to member. In addition, PrivateCourt shall have the right to hire other third-party subcontractors to provide all or part of any Service hereunder; provided, moreover, PrivateCourt is not liable to obtain any prior written consent of Member to hire such subcontractor.
Members agrees and verify that all of the information they have given to the PrivateCourt and is representative is accurate, up to date and without any omission of required information. Member agrees and verify that even if they even if they have omitted any necessary information, whether knowingly or unknowingly, they will hold PrivateCourt harmless against all liability for any damage that my occur to Member or others due to Member’s actions and inactions.
Assumption of risks:
Members hereby agrees and understands that their participation in membership services may involve risk. These risk may lead to tangible and intangible harm, and Members agrees that these risk may result from not only their own action, but due to actions of PrivateCourt. With the Knowledge and understanding of these risks, Member choose of their own will to continue participating in Membership Services.
The Member agrees to indemnify the PrivateCourt and save it harmless against any and all liabilities, including judgments, costs and reasonable counsel fees, for anything done or omitted by the PrivateCourt in the execution of this Agreement.
Member agree that they are over 18 year of age and may legally consent to and enter into this agreement.
This agreement may be executed in counterparts, all of which shall constitute a single agreement. The agreement shall be effective from the date mentioned on the receipt of PrivateCourt Membership Fees.
Any provisions of this agreement which by its terms imposes continuing obligation on Member shall survive termination of this agreement.
If any part of this agreement becomes invalid, illegal, or unenforceable such provision shall be severed from this agreement and the parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal, or unenforceable provision which as nearly as possible gives effect to their contractual intentions as expressed in this document.
Dispute Resolution and Governing Laws:
Any dispute arising in connection of this agreement shall be referred to sole arbitrator to be appointed by the Parties. The place of arbitration shall be Mumbai. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 and shall be in English Language. The Arbitral Tribunal shall also decide on the cost of arbitration proceeding. The mandate will be subject to Indian Laws and jurisdiction of Mumbai Court.
Notwithstanding anything to the contrary contained herein, PrivateCourt shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
All notices or requests required or contemplated by this Agreement shall be in writing and (a) if from Member to PrivateCourt, shall be hand-delivered or mailed to email@example.com, or (b) if from the PrivateCourt to Member, shall be hand-delivered or mailed to e-mail id registered by Member during the payment of Membership fees or the last known e-mail address of the member.
Heading to this agreement are for convenience only. Heading shall not in way affect the provisions themselves and shall not in any way construed in any way that would limit or otherwise affect the terms of this agreement.