This 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 PDR ORGANIZATION PRIVATE LIMITED (also known as PrivateCourt), a company registered under the provisions of the Companies Act, 2013 , 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 “PDR ORGANIZATION PRIVATE LIMITED” 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 the past, present, and future Members of the PDR ORGANIZATION PVT. LTD who after agreeing to the terms of this agreement have accepted Membership of PDR ORGANIZATION PRIVATE LIMITED. (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;
PDR ORGANIZATION PRIVATE LIMITED and Member may be referred to individually as “Party” and collectively as “Parties”.
Whereas, PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED 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 a legally binding agreement between the PDR ORGANIZATION PRIVATE LIMITED and Members, and governs the Member’s access and use of PDR ORGANIZATION PRIVATE LIMITED’s website (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.
- Paid Membership Services:
The member shall pay non-refundable Annual Membership Fees as decided by PDR ORGANIZATION PRIVATE LIMITED before initiation of services as agreed under this agreement (more specifically in point number 3 of this agreement)
- Membership Services:
- The membership services specifically provided by PDR ORGANIZATION PRIVATE LIMITED are as follows:
- Dispute Resolution through Mediation and Negotiation.
- Services Provided through Third Party:
- Legal Notices.
- Drafting and Managing terms of invoices/bills/POs.
- Drafting, reviewing and vetting Contracts and agreements.
- Legal Consultancy and Legal Advisory.
- Services excluded from Services:
If mediation fails and the parties wishes to resolve the dispute through arbitration, then fees payable for conducting arbitration shall be as below: -
For Conducting online Arbitration
10% of disputed amount (Subject to minimum fees of Rs.15,000/- and maximum fees of Rs.1,00,00,000/-)
For conducting physical Arbitration
10% of disputed amount (Subject to minimum fees of Rs.30,000/- and maximum fees of Rs.1,00,00,000/-)
For filing emergency interim relief
2% (of disputed amount) on and above the above-mentioned amount.
Change of Arbitrator
2% (of disputed amount) on and above the above-mentioned amount.
For Additional Arbitrator
2% (of disputed amount) on and above the above-mentioned amount per Arbitrator.
- The PDR Organization shall be at liberty to change/ amend the above-mentioned fees and the party shall be informed at the website https://www.pvtcourt.com/ . (It shall be parties responsibility to remain informed about the current/ ongoing arbitration fees).
- If the Member wish to commence ADR by physical means, the cost of the same shall be paid by the Member. The Member shall also liable to pay all the travelling expenses, governmental charges (stamp duty etc.), documentary expense, stationary charges (Xerox, Scanning, Postal etc.). All the administrative charges of the PDR ORGANIZATION PRIVATE LIMITED shall be paid by the parties. All the cost paid during ADR hearing is only valid till the service of awards to both the disputant parties. All the expenses for the execution of awards shall be paid by the Award holder party.
Note: Member shall indemnify and hold PDR ORGANIZATION PRIVATE LIMITED harmless against any loss due to third party services. Member vide this agreement further acknowledges that there is no relation whatsoever between PDR ORGANIZATION PRIVATE LIMITED and the Third Party.
- PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED are out-of-the-court proceedings and are totally voluntary in nature. PDR ORGANIZATION PRIVATE LIMITED is not a law firm and the relationship between it and its clients is not attorney-client relationship.
- PDR ORGANIZATION PRIVATE LIMITED 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.
- PDR ORGANIZATION PRIVATE LIMITED makes no warranties, representation, guarantees, or other promises or covenants with regarnbzds to any Members or their conducts.
- Members hereby acknowledges and agrees that PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED Services. Members will choose a unique identifier and password. Members is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Member 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 PDR ORGANIZATION PRIVATE LIMITED in any way.
- Member further agrees not to use PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED or any third party.
- To upload or otherwise disseminate any computer viruses or other software that may damage property of PDR ORGANIZATION PRIVATE LIMITED.
- 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.
Member hereby releases PDR ORGANIZATION PRIVATE LIMITED, as well as PDR ORGANIZATION PRIVATE LIMITED’s affiliates, founders, directors, trusties, neutrals, employees, subsidiaries, or other legal representative from any claims, demand, damages or other legal action which may arise from Member’s 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.
- PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED and Member, PDR ORGANIZATION PRIVATE LIMITED will have and retain ownership of all right, title and interest to technology and intellectual property developed by PDR ORGANIZATION PRIVATE LIMITED, its Affiliates and their personnel, whether or not relating to the Patent Rights and Technology.
- Third Party Service:
It is understood and agreed that PDR ORGANIZATION PRIVATE LIMITED has been retaining, and will continue to retain, third-party service providers to provide some of the Services to member. In addition, PDR ORGANIZATION PRIVATE LIMITED shall have the right to hire other third-party subcontractors to provide all or part of any Service hereunder; provided, moreover, PDR ORGANIZATION PRIVATE LIMITED is not liable to obtain any prior written consent of Member to hire such subcontractor.
- Members Consent:
Members agrees and verify that all of the information they have given to the PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED 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 risks may lead to tangible and intangible harm, and Members agrees that these risks may result from not only their own action, but due to actions of PDR ORGANIZATION PRIVATE LIMITED. 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 PDR ORGANIZATION PRIVATE LIMITED and save it harmless against any and all liabilities, including judgments, costs and reasonable counsel fees, for anything done or omitted by the PDR ORGANIZATION PRIVATE LIMITED in the execution of this Agreement.
- FOR ADR/ODR use only:
You hereby acknowledge that the use of this website is solely for ADR/ODR only. You shall not use this website for availing legal consultancy, legal advisory or for attorney’s services. Services availed if any shall be services received from third party and PDR ORGANIZATION PRIVATE LIMITED’s shall be indemnified and hold harmless against any loss arising after availing Third Party Services.
- No Refunds
Refund will not be provided for any membership. We do not provide credit, refund or prorated billing that are cancelled mid-year. In such a circumstance you will continue to avail services till the end of membership. However, PDR ORGANIZATION PRIVATE LIMITED assure Members to provide services to 100% satisfaction.
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 PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED. 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.
- Force Majeure:
Notwithstanding anything to the contrary contained herein, PDR ORGANIZATION PRIVATE LIMITED 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 PDR ORGANIZATION PRIVATE LIMITED, shall be hand-delivered or mailed to email@example.com, or (b) if from the PDR ORGANIZATION PRIVATE LIMITED 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.
Last updated date 13/04/2021