TermConditions

Terms & Conditions

CaseWatchTM License Agreement

Terms and conditions for the use of the website CaseWatch

Last Modified: October 1, 2020

This document (License Agreement) 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 license agreement for access or usage of www.casewatch.in and associated website.

Your use of a CaseWatchTM website {including www.casewatch.in (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 Manupatra Information Solutions Private Limited and our subsidiaries and international affiliates. If you already are a registered user to access http://www.manupatra.com in all available formats, this User License Agreement shall co-exist with, and not supersede its Terms of Use, and incase of any conflict, the provisions protecting the proprietary rights of Manupatra in all its products shall govern. This License Agreement for the Website shall come into effect immediately on your acceptance of terms and conditions and/ or first log in onto www.casewatch.in. It shall continue to remain in force till such time you have a valid subscription to the website. www.casewatch.in is an internet based portal owned and operated by Manupatra Information Solutions Private Limited, a company incorporated under Companies Act, 1956 having its registered office at E-192 New Rajinder Nagar, New Delhi 110060 India.

For the purpose of this License 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 License Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our”, “CaseWatch” and “Manupatra” shall mean Manupatra Information Services Private Limited (casewatch.in) and includes its associates, affiliates and subsidiary(ies).

The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this License Agreement. Upon “Acceptance”, this License Agreement shall be effective and binding upon you along with any amendments made by CaseWatch at its sole discretion and posted on the Website and you shall not claim invalidity of this License 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 t he '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 License Agreement is being concluded and executed at New Delhi.

Your use of the Website implies that you agree with the terms of the License Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this License 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. DEFINITIONS

1.1. The term “provider,” including all its synonyms and would mean “casewatch.in,” and CaseWatch/ Manupatra Information Solutions Private Limited having its registered office at E- 192, New Rajinder Nagar, New Delhi 110 060 and corporate office at B-37, Floor 1A, Sector 1, NOIDA, 201301, (Hereinafter termed as “CaseWatch”). The term would also include any agent(s) who have been so authorized by Manupatra to act in their behalf.

1.2. The term “authorized user” would include any person, whether an individual or a legal entity who has subscribed to the services of CaseWatch, 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 CaseWatch or chosen by the user or agreed upon by Casewatch. It is made abundantly clear that only the authorised user has the right to access the services so offered by Manupatra.

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 “unauthorised 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 authorised and unauthorised user(s)

1.5. The terms “service” or “services” would mean to include the interactive online information service offered by CaseWatch on the internet through which the user may access their cases information.

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.

2. WEBSITE LICENSE

2.1. The services so offered by CaseWatch are subject to the user agreeing to all the terms and conditions of the license. Notwithstanding 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. CaseWatch grants the user a non-exclusive, non-transferable, non-commercial, revocable, limited license to access and use for research purpose the online services and materials from time to time made available

2.2.1. The right to electronically display materials retrieved from the online services to no more than one person at a time. CaseWatch 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.

  • To display internally such downloaded data
  • To quote and excerpt from such downloaded data (appropriately cited & credited) by electronic cutting & pasting or other means in subscriber’s own work products.
  • 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. CaseWatch 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 CaseWatch 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 CaseWatch.

2.6. It is made abundantly clear that CaseWatch, not having absolute control over the contents posted on the web site, has made all efforts to ensure the desired data with accuracy and correctness in form of AS IT IS basis from the sourced website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/ check with the authorities concerned or the relevant record. Maupatra does not guarantee the accuracy, quality or integrity of such content.

2.7 All rights are not expressly granted herein are reserved.

3. SUBSCRIPTION

3.1. In order to become and remain an authorised user, a party has to

3.1.1. Pay the subscription fee applicable as mentioned.

3.1.2. Pay for usage of information/data according to the CaseWatch product pricing policy. The subscription fee applicable and the product price information price card are available from CaseWatch 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 CaseWatch 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 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 CaseWatch and the intending subscriber, thus constituting him/ it an authorised user herein permitted to avail the service and/or access the data and information of CaseWatch, 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. CaseWatch reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorized user.

3.6. An organisation may subscribe and obtain multiple license access for multiple users who are valid constituents of that organisation. For this purpose, paid employees of any organization are considered “valid” constituents. Provided however, that the organisation 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 its contents.

3.7. The subscriber accepts that by the action of viewing and/ or downloading the information from the website, it has performed the action of using the website.

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 Manupatra may apply to the total billing of the subscriber.

4. PAYMENTS

4.1. Payments can be made either by a cheque/DD/ NEFT/RTGS/ Credit Card/Debit Card/ Net Banking. No cash will be accepted. The payment made against the Subscription is not refundable under any circumstances.

4.2 All Subscriptions to CaseWatch are payable in advance. All subscription fees are exclusive of all taxes including GST. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.

4.3 During the Term of your Subscription, prices for Services will not be increased, as to your Subscription, from those applicable at the time your Subscription became effective or was renewed, except where prices are identified as temporary in the Subscription Offers, if any. CaseWatch reserves the right to change the subscription prices at the beginning of any Subscription renewal.

5. RENEWALS / DELAYED PAYMENTS

5.1. Subscriber intending to renew the subscription must ensure that renewal request alongwith the payment as due at the time of and for renewal is sent to CaseWatch on or before the last due date i.e. the date until when the last subscription period is valid. The subscribers account will be deactivated on the expiry of validity period of subscription.

5.2. Upon non-receipt of subscription renewal charges, CaseWatch, however, reserves its sole right to discontinue the services within seven days of the expiry of subscription period.

6. MODIFICATIONS

6.1. The prices, terms and conditions and/ or other matters provided in the Price List, and any modifications carried out by CaseWatch and any notices served upon the subscriber by CaseWatch shall be deemed to be included in the terms and conditions enumerated in the present License Agreement.

6.2. CaseWatch 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 CaseWatch by electronic mail.

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 CaseWatch will be made available to the existing subscriber only after making up the deficit payment.

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. CaseWatch 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. CaseWatch shall have a right to make such additions to, deletions from and other modifications, as it may deem fit, of the database and in the database, and/ or the manner of presenting and providing such databases, including the basic structure and features thereof, without giving notice thereof to the subscriber.

6.6. CaseWatch shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of the Service.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Except as expressly provided in the Terms & Conditions of Use of the Web Site CaseWatch, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

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 are reserved.

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 CaseWatch. The user shall not remove the copyright notices or other notices from the printouts of material taken from the Web Site.

8. COPYRIGHT LAWS

8.1. Content or information available on the Web Site CaseWatch is protected by the Copyright Act 1957 and is subject to CaseWatch’s Copyright.

8.2. Certain information and data made available by CaseWatch are the property of the content provider’s and are identified as such. CaseWatch 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. LIMITATIONS ON USE

9.1. The Content on the Web Site is for personal use only and not for commercial exploitation.

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 or users.

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 CaseWatch’s prior written permission.

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 permitted above.

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 is prohibited.

9.6. Combine the whole or any part of the Data with any other software, data or material.

9.7. Subscriber may use Data cached in Subscriber’s local disk drive solely in support of its use of the Service.

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 is used.

9.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.

9.10. Subscriber undertakes to use its reasonable endeavours 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 ‘Authorised Users’ under this subscription agreement.

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 this Agreement.

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 the judgment.

10. TERMINATION

10.1. The services so offered by CaseWatch, are subject to the user agreeing to all the terms and conditions of the license. In case any of the terms are revoked, CaseWatch is entitled to terminate this subscription & discontinue the subscriber’s right to access the Service. However CaseWatch shall not be liable to make any refunds in the event of subscriber indulging into activities strictly refrained from.

11. CONSEQUENCES OF TERMINATION

11.1. The warranties and indemnities, the provisions in relation to the payment of money due to Manupatra 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 this subscription.

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 throughout Site.

11.3. CaseWatch will delete /remove all subscriber data after two months of expiry of subscription.

12. LICENSE OF YOUR CONTENT TO PROVIDER

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 the universe.

13. ERRORS AND CORRECTIONS

13.1 CaseWatch 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. CaseWatch 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 be corrected. Under no circumstances will CaseWatch be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this website.

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 lost data.

14. NO LEGAL ADVICE

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.

15. ADVERTISEMENTS

15.1. CaseWatch 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 applicable laws.

15.2. CaseWatch will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials..

16. PRIVACY

16.1. The user of the Web Site CaseWatch is subject to CaseWatch’s Privacy Policy available on CaseWatch website.

17. NOTICE

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 this clause.

17.2. A notice given personally shall be deemed given at the time of delivery.

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 is earlier.

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 actual transmission.

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 subjected to.

18. SEVERABILITY OF PROVISIONS

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 remaining provisions.

19. INDEMNIFICATION

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. REMEDIES FOR VIOLATIONS

20.1. CaseWatch 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 CaseWatch’s website and its features.

21. GOVERNING LAW AND JURISDICTION

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 New Delhi only and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

22. WAIVER

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 conditions herein.

23. EXCLUSION OF LIABILITY

23.1. CaseWatch 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 any purpose.

23.2. The information/material provided on the Web Site is provided on an “As Is” basis. Manupatra 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 and non-infringement

23.3. CaseWatch 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 of CaseWatch).

23.4. CaseWatch 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 of CaseWatch).

23.5. Without prejudice to the generality of clause 24.3.And 24.4, in no event shall CaseWatch, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any way to

  • 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 CaseWatch, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on the Data.
  • 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 such damages.

23.6. Subscriber shall accept sole responsibility for and CaseWatch 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 such use

23.7. CaseWatch 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 there from

23.7.3. The unavailability of this Site or any portion thereof;

23.7.4. Your use of any equipment or software in connection with the Site; or

23.7.5. Your use of the Site.

23.8. CaseWatch/Manupatra Information Solutions Pvt. Ltd. shall not responsible if any information/page is downloaded from CaseWatch and after downloading complete/partial, text/information is altered/removed/obscured contained therein

24. LIMITATION OF LIABILITY

24.1. Subscriber’s exclusive remedy and CaseWatch’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 continued subscription.

24.2. None of the terms of this Agreement shall operate to:

  • 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 consumer transaction.

25. LINKING TO THE WEB SITE

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 this Site,

25.1.2. The user gives us a notice of such link by sending an e-mail to support@casewatch.in

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 support@casewatch.in and we will notify you if permission is granted, and if so, the Terms and Conditions of permission.

26. LINK TO OTHER WEBSITES AND LINKING DISCLAIMER

26.1. Third party Content may appear on the Web Site or may be accessible via links from the Web Site. CaseWatch shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party Content appearing on the Web Site. CaseWatch 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 CaseWatch.

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 by CaseWatch.

27. Force Majeure

27.1 Neither Party shall be responsible for a breach of any of its contractual obligations if it was prevented from fulfilling said obligations by a Force Majeure Event.

27.2 Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation acts of God, fire, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party); non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and failure of the Internet and other networks beyond the control of CaseWatch, equipment failure, interruption or failure of utility service, telecommunication services and telecommunication networks (other than by companies in the same group as the party seeking to rely on this clause).

27.3 In these cases, the Party invoking the Force Majeure Event shall notify the other Party by registered mail as promptly as possible of the occurrence of such event and the necessary extension of the deadlines for fulfilment of its obligations. If the impediment is temporary, fulfilment of the obligation is suspended until the Party invoking the Force Majeure Event is no longer impeded by such Force Majeure Event. The Party invoking the Force Majeure Event shall keep the other Party informed and undertakes to make every effort to limit the duration of the suspension. If the suspension continues beyond three (3) months, either of the Parties may terminate the Agreement without liability by notice to the other Party by registered mail. If the impediment is permanent, the Agreement is terminated as of right and the Parties are discharged of their obligations. In the event of termination of the Agreement for a Force Majeure Event, Mykase assures to deploy the resources available to it to retrieve a maximum amount of Client Data.

28. Dispute Resolution

28.1 Any 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 Sixty (60) 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 described below.

28.2 Any Dispute not resolved by way of good faith negotiations within a period of sixty (60) 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 clause 28.

28.3 The provisions of the Arbitration and Conciliation Act, 1996, as amended ("Arbitration Act"), will apply to such arbitration:

28.4 The arbitration shall be conducted by a single arbitrator who shall be appointed by the mutual consent of both parties. If the parties are not able to reach a decision to appoint the arbitrator within sixty (60) days of the date when the good faith negotiations mentioned above have failed, then the Dispute shall be referred to a panel of three (3) arbitrators. One (1) arbitrator shall be appointed by each party within thirty (60) days of the parties failing to reach an agreement to appoint the sole arbitrator as aforesaid. The two (2) arbitrators so appointed by the parties shall appoint the third presiding arbitrator within thirty (30) days of their appointment, failing which the third presiding arbitrator shall be appointed in accordance with the provisions of the Arbitration Act.

28.5 The arbitration proceedings shall be conducted in English.

28.6 The place of arbitration shall be New Delhi, India.

28.7 The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state reasons for its/their findings in writing.

28.8 The costs of arbitration shall be determined by the arbitrator(s).

28.9 In relation to any arbitration proceedings, the parties agree that the courts at Delhi, shall have exclusive jurisdiction to the extent the court has jurisdiction under the Arbitration Act.

Name of Subscriber _____________________

Address _________________________________

Signature Job Title ____________________

Date ___________________________________

Contact _________________________________

Telephone _______________________________

For: MANUPATRA INFORMATION SOLUTION Pvt. Ltd.

Signature ________________________________

Job Title ________________________________

Date __________________________________

Manupatra Information Solutions Pvt. Limited
Regd Off: E-192, New Rajender Nagar, New Delhi–60
Corp Off: B-37, Sector-1, NOIDA - 201301
Phone: 91-120-4014444 • Fax: 91-120-4014512
Web: www.manupatra.com
CIN NO. U74899DL2000FTC106392

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+91-120-4014524

Reach Us At

B-37, Sector-1, Noida (UP) - 201301, INDIA

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