Terms and Conditions

Introduction

Welcome to Arbitalk. These Terms and Conditions ("Terms", "Agreement", or "Terms of Service") establish a legally binding electronic agreement between you and Arbitalk, governed by the Information Technology Act, 2000 and applicable Indian laws. This document outlines the rules and regulations for using our online dispute resolution services.

Throughout this Agreement, references to "Arbitalk", "we", "us", "our", or "the platform" mean the Arbitalk service accessible at https://www.arbitalk.com/, operated by Gentlefolk Consulting Private Limited. References to "you", "your", "user", or "client" mean any individual or entity that accesses, uses, or registers for our services. By accessing our platform, you confirm that you have the legal capacity to enter into binding agreements under Indian law.

Your continued use of Arbitalk constitutes your acceptance of these Terms. We strongly encourage you to read this document thoroughly before using our services. Should you disagree with any provision herein, please discontinue use immediately. We reserve the right to update, modify, or revise these Terms and our Privacy Policy at any time without prior notice. Continued use after such changes indicates your acceptance of the updated terms.

Arbitalk provides digital dispute resolution services through our proprietary Arbitration360 and Mediation360 modules. These innovative solutions combine advanced technology with professional expertise to deliver efficient, cost-effective alternatives to traditional litigation. Our platform facilitates arbitration, mediation, and conciliation services for commercial disputes across India.

These Terms, together with our Privacy Policy, govern your relationship with Arbitalk. We recommend reviewing both documents regularly, as they may be updated periodically. The most current version will always be available on our website, and your use of our services after any updates constitutes acceptance of the revised terms.

By accessing, browsing, or using any part of the Arbitalk platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. This Agreement takes effect immediately upon your first use of our services. No additional signature or explicit confirmation is required beyond your use of the platform.

Important Disclaimer

Arbitalk operates as a technology platform facilitating dispute resolution services. We are not a law firm, legal practice, or legal advisory service. Our platform connects parties with qualified neutrals and provides administrative support for dispute resolution processes. The information, materials, and services available through Arbitalk are not intended as, and should not be construed as, legal advice. For specific legal guidance, you must consult with a licensed legal practitioner. Using our services does not create an attorney-client relationship between you and Arbitalk. We collaborate with independent legal professionals who provide dispute resolution services through our platform.

Eligibility Requirements

Our services are exclusively available to individuals and entities that meet the legal requirements to enter into binding contracts under the Indian Contract Act, 1872. You must be at least 18 years of age to use Arbitalk. By creating an account or using our platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into agreements. If you are under 18, a parent or legal guardian must register on your behalf, accept these Terms, and supervise all activities conducted through the platform.

Account Registration and User Information

To access Arbitalk services, you must complete the registration process by creating an account. During registration, you will be asked to provide accurate personal and business information, including your full name, contact details, email address, phone number, business address (if applicable), and other relevant details (collectively referred to as "Account Information"). You are responsible for ensuring all information provided is truthful, current, and complete. You must promptly update your account information if any changes occur. To update your information, please contact us at info@arbitalk.com or update your profile through your account dashboard.

Account Security and User Responsibilities

Upon successful registration, you are solely responsible for maintaining the security and confidentiality of your account credentials, including your username, password, and any authentication methods. You acknowledge that you are fully liable for all activities, transactions, and communications that occur under your account, whether authorized by you or not. We strongly recommend using a strong, unique password and enabling two-factor authentication if available.

You must immediately contact our support team at info@arbitalk.com if you become aware of: (a) any unauthorized access to your account; (b) suspicious activity or transactions on your account; (c) loss or theft of your login credentials; (d) any security vulnerabilities you discover on our platform; or (e) any other security-related concerns. Prompt notification helps us protect your account and investigate potential security issues.

Communications and Notifications

By registering with Arbitalk, you consent to receive communications from us via email, SMS, push notifications, and other electronic channels. These communications may include service updates, case notifications, payment reminders, promotional offers, and important policy changes. You can manage your communication preferences through your account settings. To unsubscribe from promotional communications, send an email to info@arbitalk.com with your account email address and mobile number, clearly stating your opt-out request. Please note that service-related communications are essential and cannot be opted out of.

For active dispute resolution cases, you are required to maintain active communication channels and respond promptly to notifications as outlined in our Dispute Resolution Rules. Failure to maintain communication may affect your case proceedings. For detailed communication requirements, please refer to our Dispute Resolution Rules available on the platform.

Payment Terms and Conditions

Cancellation and Refund Policy

We are committed to delivering high-quality dispute resolution services. If you need to cancel a service order, please contact us at info@arbitalk.com with your order details and cancellation reason. While we accept cancellation requests at any time, please note that service fees are generally non-refundable once services have commenced or been processed. Refunds may be considered only in exceptional circumstances, such as: (i) if we are unable to process your order after payment; (ii) if we reject your service request; (iii) if there is a material error on our part; or (iv) as otherwise required by applicable law. All refund requests are subject to review and approval at our sole discretion.

Privacy and Data Protection

Your privacy is important to us. Our comprehensive Privacy Policy, which is incorporated into these Terms by reference, details how we collect, use, store, protect, and share your personal information and sensitive personal data as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. By using Arbitalk, you consent to our data practices as described in the Privacy Policy. We encourage you to carefully review our Privacy Policy to understand your rights and our obligations regarding your personal information. The Privacy Policy may be updated periodically, and continued use of our services after such updates constitutes acceptance of the revised policy.

Restrictions on Use of Platform Content

All content, information, designs, logos, text, graphics, software, and other materials on the Arbitalk platform are protected by intellectual property laws. You agree not to reverse engineer, decompile, disassemble, modify, adapt, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or exploit any content from our platform without our express written authorization. Limited, non-commercial use of publicly available content is permitted only if you: (i) clearly attribute Arbitalk as the source; (ii) obtain our prior written consent; (iii) do not modify the content; and (iv) include appropriate copyright notices. Any unauthorized use, including commercial reproduction, systematic copying, or modification of our content, is strictly prohibited and may result in legal action.

Acceptable Use and User Conduct

You agree to use Arbitalk and our services responsibly, lawfully, and in accordance with these Terms. You must conduct yourself professionally and respectfully when interacting with other users, neutrals, and our support team. The following activities are strictly prohibited when using our platform:

Prohibited Content and Activities

You are strictly prohibited from uploading, posting, transmitting, sharing, or otherwise making available through Arbitalk any content, information, or materials that:

User Warranties and Representations

By using Arbitalk, you represent and warrant that: (i) you have the legal capacity and authority to enter into this Agreement; (ii) you are not bound by any conflicting agreements that would prevent you from accepting these Terms; (iii) your use of our services will not violate any third-party rights or applicable laws; and (iv) all information you provide is accurate and truthful.

You agree to provide accurate, current, and complete information about yourself, your business, and your dispute matters as required by Arbitalk. You warrant that all information, documents, and representations you provide are truthful, accurate, and not misleading. You must promptly update any information that changes or becomes inaccurate. Providing false or incomplete information may result in account termination and legal consequences.

Independent Relationship

Your use of Arbitalk does not create any agency, partnership, joint venture, employment, or fiduciary relationship between you and Arbitalk. We operate as an independent service provider, and you remain an independent user of our platform. Nothing in this Agreement should be construed as creating any such relationship.

Limitation of Liability and Disclaimers

ARBITALK AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

You acknowledge that use of the Arbitalk platform is at your own risk. We do not guarantee continuous, uninterrupted, or secure access to our services. Technical issues, maintenance, updates, or circumstances beyond our control may cause temporary service interruptions. We are not liable for any damage to your computer systems, devices, or data resulting from your use of the platform, including but not limited to damage from viruses, malware, or other harmful code. We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any information, content, or services available through the platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBITALK, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR REPUTATION, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any court of competent jurisdiction determines that the foregoing limitation of liability is unenforceable, our total liability to you for all claims arising from or related to your use of the platform shall not exceed the total amount of fees you have paid to Arbitalk in the twelve (12) months preceding the claim. While we strive to maintain accurate information on our platform, errors or inaccuracies may occur. We reserve the right to correct any errors and are not liable for any consequences resulting from such errors. If you discover any inaccuracies, please report them to info@arbitalk.com.

Service Availability and Order Processing

While we strive to maintain accurate and up-to-date information on our platform, occasional errors, inaccuracies, or outdated content may occur. We reserve the right to correct any errors, including pricing mistakes, and are not obligated to honor incorrect prices or descriptions. We may refuse, cancel, or modify orders at any time for reasons including but not limited to: pricing errors, service unavailability, suspected fraud, violation of these Terms or applicable laws, or if we determine that fulfilling an order would be harmful to our business or other users. Orders placed based on incorrect information may be cancelled, and we will notify you promptly if such cancellation occurs.

Intellectual Property Ownership

1. All intellectual property rights in and to the Arbitalk platform, including but not limited to copyrights, trademarks, service marks, trade names, logos, designs, patents, trade secrets, source code, software, databases, content, graphics, user interfaces, and all other proprietary materials, are owned by Arbitalk, our licensors, or our content providers. These rights are protected by Indian and international intellectual property laws. You acknowledge that the platform and its content are valuable assets, and you agree not to challenge our ownership or use our intellectual property without our express written permission. Unauthorized use, reproduction, distribution, or modification of our intellectual property may result in severe legal consequences.

2. You retain ownership of any original content, data, documents, or materials that you upload, submit, or transmit through the platform ("User Content"). However, by submitting User Content, you grant Arbitalk a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of providing and improving our services. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

Copyright Protection and Usage Rights

The Arbitalk platform and all its content, including text, graphics, logos, images, audio clips, digital downloads, software, and compilations (collectively, "Platform Content"), are protected by copyright, trademark, and other intellectual property laws. All Platform Content is either owned by Arbitalk, licensed to us, or used with permission. Copyright © 2025 Arbitalk / Gentlefolk Consulting Private Limited. All rights reserved. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, or exploit any Platform Content without our prior written authorization. We may update, modify, or remove Platform Content at any time without notice.

Third-Party Content and External Links

Our platform may contain links to external websites, services, or resources operated by third parties, or may display third-party content, advertisements, or information. These links and content are provided for your convenience only. We do not endorse, control, or assume responsibility for any third-party websites, content, products, or services. Your interactions with third parties are solely between you and the third party. We are not liable for any loss or damage arising from your use of or reliance on third-party content, websites, or services. We encourage you to review the terms and privacy policies of any third-party websites you visit.

No Guarantee of Outcomes

You understand and agree that Arbitalk provides a platform for dispute resolution services, but we do not guarantee specific outcomes, results, or resolutions for any dispute. The success of dispute resolution depends on numerous factors beyond our control, including the nature of the dispute, cooperation of parties, and decisions of neutrals. While we strive to provide professional, high-quality services in accordance with applicable laws and industry standards, we cannot and do not promise or guarantee that any particular dispute will be resolved, that parties will reach agreement, or that any specific outcome will be achieved. Each dispute resolution process is unique, and results may vary.

Indemnification

You agree to indemnify, defend, and hold harmless Arbitalk, its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (i) your use or misuse of the platform; (ii) your violation of these Terms; (iii) your violation of any rights of another party; (iv) your User Content; (v) your breach of any representation or warranty; or (vi) your violation of any applicable laws or regulations. This indemnification obligation will survive termination of your account and these Terms.

Electronic Communications and Notices

By using Arbitalk, you consent to receive all communications, notices, disclosures, and other information from us electronically. This includes but is not limited to service updates, case notifications, payment confirmations, legal notices, policy changes, dispute resolution awards, and other important information. We may deliver these communications via email, SMS, push notifications, or through your account dashboard. You agree that electronic delivery satisfies any legal requirement that such communications be in writing. You are responsible for maintaining current contact information and ensuring that our communications are not blocked by spam filters.

Violations and Enforcement

We take violations of these Terms seriously. If we become aware of or receive reports of violations, we reserve the right to investigate such matters thoroughly. We may take appropriate action, including but not limited to: (i) issuing warnings; (ii) suspending or terminating accounts; (iii) removing content; (iv) blocking access from specific IP addresses; (v) reporting suspected illegal activity to law enforcement or regulatory authorities; and (vi) pursuing legal remedies. We may disclose relevant information to law enforcement, regulators, or other third parties as necessary to investigate violations, protect our rights, or comply with legal obligations, subject to applicable confidentiality requirements. We reserve all rights and remedies available under law and equity.

Confidentiality and Data Security

We understand the sensitive nature of dispute resolution matters and are committed to protecting the confidentiality of your information. We implement industry-standard security measures, including encryption, access controls, and secure data storage, to protect your personal information, case data, and communications from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security. You are also responsible for maintaining the confidentiality of your account credentials and for all activities under your account. For detailed information about our security practices, please refer to our Privacy Policy and Security Standards.

Account Termination

These Terms remain in effect until terminated by either party. You may terminate your account at any time by contacting us at info@arbitalk.com or through your account settings. We reserve the right to suspend or terminate your account and access to our services immediately, without prior notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, non-payment, or if we determine that your use of our services poses a risk to us or other users. Upon termination, your right to use the platform will cease immediately, but provisions that by their nature should survive termination will remain in effect.

Complete Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Dispute Resolution Rules, and any other policies or agreements referenced herein, constitute the entire agreement between you and Arbitalk regarding your use of our platform and services. This Agreement supersedes all prior agreements, understandings, negotiations, and communications, whether written or oral, relating to the subject matter hereof. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect. If you do not agree to these Terms, you must discontinue use of the platform immediately.

Severability of Provisions

If any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it will be severed from the Agreement. The remaining provisions will continue in full force and effect, and the parties will negotiate in good faith to replace any invalid provision with a valid provision that most closely reflects the original intent.

Waiver of Rights

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Arbitalk. A waiver of any breach or default will not constitute a waiver of any subsequent breach or default. We may exercise our rights and remedies at any time, and any delay in exercising such rights will not be construed as a waiver. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

Force Majeure Events

Neither party will be liable for any failure or delay in performance under this Agreement resulting from circumstances beyond their reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, riots, civil unrest, government actions, changes in laws or regulations, labor strikes, cyberattacks, internet or telecommunications failures, power outages, pandemics, epidemics, or other public health emergencies. If a force majeure event occurs, the affected party must notify the other party promptly and use reasonable efforts to resume performance. If the force majeure event continues for more than thirty (30) days, either party may terminate this Agreement upon written notice.

Dispute Resolution for Terms Violations

Any disputes, controversies, or claims arising out of or relating to these Terms, the platform, or our services (excluding disputes submitted for resolution through our dispute resolution services) shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a single arbitrator appointed mutually by the parties, or if the parties cannot agree, by an arbitrator appointed in accordance with the Act. The arbitration proceedings shall be conducted in English, and the seat of arbitration shall be Mumbai, Maharashtra, India. The arbitration shall be governed by Indian law. Each party shall bear its own costs and expenses, including attorney fees, unless the arbitrator determines otherwise. The arbitrator's decision shall be final and binding. If electronic arbitration is not feasible, physical arbitration proceedings will be conducted in Mumbai, India.

Applicable Law and Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of India, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement (except as provided in the Dispute Resolution section) shall be brought exclusively in the courts of competent jurisdiction located in Mumbai, Maharashtra, India. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue, including objections based on forum non conveniens.

Grievance Redressal Mechanism

If you have any complaints, concerns, or grievances regarding content on our platform, violations of these Terms, or any other issues, please contact our Grievance Officer immediately. You may reach us via email at info@arbitalk.com or by sending written correspondence to:

Grievance Officer Arbitalk / Gentlefolk Consulting Private Limited 11th Floor, The Citadel, Opposite Star Bazar Adajan Gam, Surat - 395009 Gujarat, India

Our Grievance Officer will acknowledge receipt of your complaint within 24 hours and will make best efforts to address and resolve your grievance promptly. In any event, we will provide a substantive response within 15 days from the date of receipt of your grievance. We are committed to fair and transparent grievance resolution processes.

A grievance will be considered resolved and closed when: (a) The complainant has confirmed acceptance of the resolution provided by the Grievance Officer or our authorized representative; or (b) The complainant has not responded to our written resolution within 30 days of receipt, and has not raised any further grievance or complaint regarding the same matter.

Interpretation and Headings

The section headings, titles, and subheadings used in this Agreement are included for convenience and organizational purposes only. They do not affect the meaning, interpretation, or legal effect of any provision. The language used in this Agreement will be construed in accordance with its fair meaning and not strictly for or against either party.

Contact Us

If you have questions, concerns, or need clarification regarding these Terms and Conditions, please contact us at info@arbitalk.com. For general inquiries, support requests, or to report issues, you can also reach us through the contact form available on our website. We aim to respond to all inquiries within 24-48 hours during business days.