Mediation Initiative is a name used to denote the services offered under its name. It is founded by Aamir Ayubi. Any use of the website or Platform of 'Mediation Initiative' (we, us, our) must be in accord with the terms and conditions stated here (“Terms”). If you do not agree to these Terms, then you may not use the website or the Platform. Mediation Initiative reserves the right to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice.

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The content of this website is intended to convey general information about Mediation Initiative. It should not be relied upon as legal advice, and you should not act upon the content of this website without seeking advice from a lawyer licensed in your own state/country regarding your particular situation or issue. Mediation Initiative does not sponsor, endorse, verify, or warrant the accuracy of the information found on this website, external sites, or subsequent links.

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The content of this website is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any email sent to Mediation Initiative or any of his lawyers, juniors, colleagues, associates, seniors or staff will not create an attorney-client relationship and will not necessarily be treated as confidential. Information submitted to Mediation Initiative via the website’s communication medium, will not be treated as confidential and does not create an attorney-client relationship. The only way that Mihir Govilkar or his lawyers, juniors, colleagues, associates or seniors can give you legal advice is if you engage the services of Mediation Initiative. To engage the services of Mediation Initiative, you must approach it by setting up an appointment and be ready and willing to enter into an advocate-client relationship by paying the necessary fees.

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Key Terms:

​“Collective Content” means User Content and Mediation Initiative Content together.

“Mediation Initiative” means and refers to the brand name 'Mediation Initiative'.

“Mediation Initiative Content” means all Content that Mediation Initiative makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.

“Member” means a person who contacts Mediation Initiative via phone, fax, email, or in-person solicitation and for whom Mediation Initiative may or may not create a record on the Platform.

“Platform” means the portion of Mediation Initiative's website which requires a User login to access.

“User” means any person who accesses the website or the Platform.

“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the website or the Platform by any Member or other User, including but not limited to personal and contact information, bank statements, bills, credit reports, debt collection notices, wage slips, personal identification, contracts, but excluding Mihir Govilkar Content.

“Website” means the Mediation Initiative website and mobile applications that link to these Terms of Use.

 

Links From The Website:

Links within this website may lead to other external sites. Such links are provided for the visitor’s convenience to provide further information. Mediation Initiative does not necessarily sponsor, endorse, or otherwise approve such linked materials and does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information contained in such links.

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Mediation Initiative's Blog and Publications:

Mediation Initiative's blog posts and publications should not be construed as legal advice on any specific facts or circumstances. The contents of the publications and blog posts are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of Mediation Initiative, to be given or withheld at Mediation Initiative's discretion. The views set forth therein are the personal views of the author and do not necessarily reflect the views of Mediation Initiative or his clients.

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Additional Terms and Policies:

Please review Mediation Initiative’s Privacy Policy, incorporated herein by reference, for information and notices concerning Mihir Govilkar’s collection and use of your information. All phone calls, texts, emails, letters and faxes received from Mediation Initiative are governed by our Communication Terms and Conditions, which are expressly incorporated herein.

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Communication Terms and Conditions:

Mediation Initiative communicates via phone, text, email, letters, video conferencing, fax, etc. (collectively referred to as “Communications”). You acknowledge and understand that communications from and are confidential in nature and are only intended for the address/receiver. You acknowledge and understand that by providing your phone number, address, cell phone number, email address, fax number or any other contact detail, you consent to receive phone communications from Mediation Initiative.

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You also understand that you have the right to revoke your consent to receive such communications using any reasonable method, replying “stop communication” to any text message, or calling Mediation Initiative and revoking consent orally. You acknowledge and understand that you must clearly and reasonably revoke consent for each type of communication and that revoking consent for one form of communication does not notify Mihir Govilkar of your intent to revoke consent for other forms of communication.

 

Users who have engaged Mediation Initiative for any case/matter, understand that Mediation Initiative is obligated to communicate with you regarding your legal representation and that because of this obligation you can revoke consent for certain types of communication methods, but you cannot restrict all communication methods.

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Eligibility and Use of the Platform:

Access to and use of the website or the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

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Account Registration:

Users may access the website or the Platform. To access and participate in certain features of the Platform, a password-protected account (“Account”) will need to be created for you by an employee of “Platform” means the portion of the Mediation Initiative website which requires a User login to access. You agree to provide accurate, current, and complete information at all times when you use the Platform, and to update the information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Mediation Initiative's website Platform password. Mediation Initiative is not liable for any losses or errors caused by unauthorized use of your Account or by any inaccurate information provided.

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User Licence to Use the Platform:

Subject to compliance with these Terms, Mediation Initiative grants all Users, a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use and access Mediation Initiative's website and Platform. Users will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms. The website and Platform are provided to you AS IS. Mediation Initiative reserves the right to suspend or terminate User access to the website or Platform at any time and without notice.

 

User Content:

Mediation Initiative, in its sole discretion, permits Users to post, upload, publish, submit or download User Content. By making available any User Content on or through the Platform, Users hereby warrant to Mediation Initiative that the information provided is current, accurate, and complete. Mediation Initiative does not claim ownership rights in User Content and nothing in these Terms will be deemed to restrict rights that a User may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the website or the Platform.

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Accordingly, Users represent and warrant that: (a) they are either the sole and exclusive owner of all User Content that they make available on or through the Platform or (b) neither the User Content nor a User posting, uploading, publication, submission or transmittal of the User Content or Mediation Initiative’s use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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You agree that Mediation Initiative may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

 

Intellectual Property Rights

Mediation Initiative content, including the website and Platform, are protected by copyright, trademark, and other laws of India, foreign countries, and international conventions.

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Arbitration

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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

You and Mediation Initiative agree that these Terms and any disputes arising out of the use of the website or the platform are subject to the Indian Arbitration & Conciliation Act, 1996 and all its successive amendments, repeals and modifications. The Arbitration shall be by a Sole Arbitrator. The seat of Arbitration will be in Mumbai, India and the language of the arbitration will be English. 

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This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement; and claims that may arise after the termination of this Agreement.

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By agreeing to these Terms, you agree to resolve any and all disputes with Mediation Initiative as follows:

 

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through Mediation by a Mediator Certified by the Indian Institute of Corporate Affairs or a Mediator Certified by ADR ODR International. Pre-Arbitration Mediation shall be a condition to either party initiating a lawsuit or arbitration.

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Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may invoke arbitration as the sole means to resolve claims, subject to the terms set forth below. 

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General:

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Mediation Initiative on the website and/or Platform, shall constitute the entire agreement between you and Mediation Initiative concerning the website and/or Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

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Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mediation Initiative’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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Statute of Limitations: You agree that the Limitation Act, 1963 of India shall apply to these Terms of Use. .