The User represents that it is either a body corporate duly incorporated under the laws of India or a citizen of India with capacity to contract under the laws of India.

The User undertakes that the User has been allowed access to ODR Services on the Portal subject to the User undertaking not to do any of the following under any circumstances:

a. use or attempt to use the systems of Sama by way of any automated means, or take any action that, in the view of Sama , causes or potentially may cause an unreasonable or disproportionate load on the servers or network infrastructure of Sama ; to clarify, the foregoing will not be applicable to any action taken by a User with the prior consent of Sama;

b. bypass any computer program or system used by Sama that intended to distinguish human input from machine input, prevent spam or automated extraction of data, robot exclusion headers or other measures that restrict access to the ODR Services or data contained in the Website or the Portal, or use any software, technology, or device to scrape, spider, or crawl the Website, the Portal, or the systems of Sama  or harvest or manipulate data of Sama  or any users of the ODR Services;

c. provide false, misleading, deceptive, fabricated or inaccurate evidence purposefully, testimony or witness statements or use the ODR Services for any unlawful or illegal purpose;

d. engage in communication or post any material on the Website or the Portal that is abusive, offensive, threatening, obscene, defamatory, casteist, sexist, pornographic, inciting violence, or otherwise victimises or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, caste, ethnicity, age, or disability, other than to the extent that such material constitutes an essential and indispensable part of the claims, pleadings or counter-claims of the User submitted in relation to an active Dispute;

e. use another user’s account on the Portal without permission or authorisation; to clarify, in the case of an institutional user with multiple accounts, all the accounts of the institutional user shall be deemed to be the accounts of the same user for the purpose of this clause;

f. provide false, fabricated, misleading, or inaccurate information during account registration;

g. destabilise, attempt to destabilise, interfere with or attempt to interfere with the proper functioning of the Portal or the ODR Services by using or accessing the Portal or the ODR Services through means other than what Sama has provided;

h. publish or link to malicious content intended to damage or disrupt another user’s browser or computer;

i. modify, translate, download, print, archive, display, adapt, enhance, decompile, disassemble, reverse engineer, exploit commercially or otherwise, create derivative works from, make copies or create archives of the Website, the Portal or any content thereon for any purpose, except as explicitly permitted as part of the ODR Services made available in relation to the Active Dispute or as agreed with Sama ; to clarify, the foregoing will not be applicable to any action taken by a User with the prior consent of Sama ;

j. facilitate the use of the Website, the Portal or the ODR Services by or to the benefit of, any unauthorised third parties;

k. abuse, ‘stalk’, harm, threaten, impersonate, harass, deceive, any other person or entity through the use of the Portal, the Website or the ODR Services;

l. hack, infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website or the Portal;

m. breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Website or the Portal or that of any third party that is hosting or interfacing with any part of the Website, the Portal;

n. Violate any applicable local, state, national or international law or regulation.

The User acknowledges and agrees that:

a. the User is not aware of any ground to believe that it will derive any mala fide or illegitimate benefit by use of ODR Services, the Website or the Portal in relation to the active Dispute;

b. the User is solely liable to Sama for the service fees associated with the application or use of the ODR Services in relation to the active Dispute, regardless of any outcome of such application or use of the ODR Services;

c. the User shall make best endeavours to provide to Sama and any DRP appointed by Sama , all information, data, content, messages, graphics, drawings, sound and image files, photographs, recordings, software and, in general, whatever type of material as is sought by Sama  or the DRP in relation to the active Dispute, to the extent the same is available with the User in order to expedite the resolution of the Active Dispute;

d. the User has all the necessary equipment, systems, connectivity, resources, capabilities, understanding, competency, technological and other awareness to use the ODR Services in relation to the active Dispute in a fair, just and transparent manner;

e. Sama shall not be responsible for any malfunctions, errors, crashes or other adverse events that is solely attributable to the User’s use of the Website or the Portal;

f. the Website, the Portal, any software owned or developed or used by Sama (Software) in relation to the ODR Services and all right, title, and interest in such Website, Portal and software shall be the sole property of Sama and any licensors of Sama , if any;

g. the User’s use of, access to, the Website, the Portal, the Software, hereunder constitute a limited license from Sama to the User, to use the ODR Services made available on the Portal in relation to the Active Dispute as contemplated hereunder, and that the User has no other rights or interest in, or claim over the Website, the Portal, the Software or any other intellectual property of Sama whatsoever;

h. Sama does not solicit nor does it wish to receive any confidential, secret or proprietary information, personal data, or other material from the User through the Portal, by e-mail, or in any other way, which is not required for resolving an Active Dispute.  Any confidential, secret or proprietary information, personal data, any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials submitted or sent by the User to Sama , in relation to an Active Dispute (User Content)through the Portal, by e-mail, or in any other way aresubject to any applicable privacy obligations of Sama  under the PP or any separate written agreementsentered into by Sama  with the User;Sama  does not review, filter, pre-screen, monitor, or otherwise edit User Content posted, or otherwise made available to any other person, on or through the Portal; however, Sama  reserves the right (but assumes no obligation) to, at its sole discretion, refuse, filter out, pre-screen, edit or remove any User Content, in whole or part, that, does not comply with these ToU, is illegal, or is otherwise undesirable or inappropriate from any members’ forum, public forum, message boards or comments sections on the Website or the Portal that can also be accessed by persons other than the User, Sama  and the DRPs;

i. All communications and evidence related to intake, case assessment, settlement discussions, negotiation and mediation conducted Sama , whether via the Platform itself or Sama initiated video hearings, phone calls or other discussions, will remain confidential in the interests of furthering settlement. The Parties further agree that neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavourable publicity to either of the Parties or entities. This confidentiality clause does not apply to facts, communication, documentation or other information received or gathered outside of the Sama dispute resolution process.

Without prejudice to any other rights of Sama, Sama may, at any time, limit, suspend, or revoke the User’s access to the Website, the Portal or the ODR Services if the User is in breach, or if Sama has reason to believe such User is in breach, of these ToU. Sama may change, add or remove any of the ODR Services or features available on the Portal, or may discontinue the Portal as a whole, at any time. However, Sama will not discontinue any feature or ODR Service for which a User has already paid Fees to Sama without mutual agreement with such User, unless Sama replaces such feature or ODR Service with a different feature or ODR Service that has the same effect as such discontinued feature or ODR Service under applicable law.