
Dispute Resolution
Clause 20
Subject to the succeeding sub-clause, any dispute, difference, claim, or controversy arising out of, in connection with, or relating to, these Terms between you or any person/entity claiming under or through you and Social Comment shall be resolved by binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 (including any amendments or reenactments thereto). The seat of arbitration shall be Ajmer, Advocate Manish Sharma (s/o Lt. Rajendra Sharma) having his offices at MS. Advocates & Solicitors, 306/41, BHAJAN GANJ MAYO LINK ROAD, AJMER, RAJASTHAN- 305008, INDIA shall be the sole arbitrator, and the language of arbitration shall be English. In the event that the sole arbitrator named in this sub-clause is unable to conduct the arbitration for any reason (including, without limitation, due to death, insanity, incapacity, or legal disqualification), the Parties will choose a new sole arbitrator to conduct the arbitration. Both you and Social Comment agree that the prevailing party shall be entitled to recover double the claim amount and all costs (including attorney’s fees) from the other party(s). The aforementioned stipulation shall also apply to any person claiming under or through you.
You and any person/entity claiming under or through you must mandatorily attempt to resolve any dispute, difference, claim, or controversy arising out of, in connection with, or relating to, these Terms through our Grievance Redressal Mechanism present in clause 19 of these Terms, or the mechanism present in clauses 5.3.3 and/or 5.3.4 of these Terms, as the case may be, before you can initiate the arbitration process under the preceding sub-clause.
If the conditions mentioned in the preceding sub-clause are found to be void, illegal, unenforceable, or otherwise invalid, the validity of the arbitration provisions in clause 20.1 shall not be affected in any manner.