Dispute Resolution Policy
Introduction:
This Dispute Resolution Policy (“Policy“) outlines the process for resolving disputes between users (“User “ or “Users“) and ROSNIL TECHNOLOGY PRIVATE LIMITED, operating as APELABS (“APELABS“, “we“, “us“, or “our“). By using the APELABS website and services, Users agree to comply with this Policy. This Policy applies to all disputes arising out of or relating to the Company‘s products, services, contracts, employment, or any other business dealings.
Informal Resolution:
We encourage Users to attempt to resolve any disputes, disagreements, or claims arising from or related to the use of APELABS services through informal means. Users should first contact APELABS customer support at the following email address: Nilesh.jagtap@apeitnow.com. We will make reasonable efforts to address and resolve the dispute in a fair and amicable manner.
Mediation:
If the dispute cannot be resolved through informal means, either party may request mediation. Mediation is a voluntary and confidential process whereby an impartial third party, the mediator, assists the parties in reaching a mutually acceptable resolution. The mediator does not have decision-making authority and will not impose a solution on the parties. The costs associated with mediation, including the mediator‘s fees, will be shared equally between the parties unless otherwise agreed.
Arbitration:
If the dispute remains unresolved after attempts at informal resolution and mediation, the parties agree to resolve the dispute through binding arbitration. Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the arbitration proceedings shall be held in Mumbai, Maharashtra, India. The language to be used in the arbitral proceedings shall be English.
Governing Law and Jurisdiction:
This Policy shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Policy, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the arbitration process mentioned in Section 4 above. The courts of Mumbai, Maharashtra, India, shall have exclusive jurisdiction over any disputes that are not subject to arbitration.
Waiver of Class Action and Jury Trial:
To the fullest extent permitted by applicable law, Users waive any right to bring any claim or action as a class or collective action, either in arbitration or in court. Users also waive any right to a trial by jury in any dispute arising out of or related to this Policy.
Severability:
If any provision of this Policy is found to be unenforceable or invalid under applicable law, the remaining provisions of the Policy shall remain in full force and effect, and the unenforceable or invalid provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Entire Agreement:
This Policy constitutes the entire agreement between the Users and APELABS regarding dispute resolution and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
Relationship to Other Policies and Agreements:
This Policy is supplemental to any existing agreements or policies that may govern the relationships between the parties. In the event of any conflict or inconsistency between this Policy and such agreements or policies, the provisions of this Policy shall prevail.