Terms of Usage
These Terms of Usage sets forth Xcelerating Growth Private Limited (shall be referred to herein as MSMEx) and its affiliates and subsidiaries’ commitment to respecting your online usage.
MSMEx digital platform is owned and operated by Xcelerating Growth Private Limited where MSMEx provides an online eco-system that connect experienced entrepreneurs, professionals, and consultants (herein referred to as the “Experts”) providing knowledge, information, advice, and consulting with visitors, business owners, aspiring entrepreneurs, students and users (herein referred as the “Clients”) seeking guidance, knowledge, information, mentoring, coaching, advice, consulting, handholding support, execution support, collectively to be referred herein as “Services''. These Services are accessible through the domain www.msmex.in and its related sub-domains, websites, mobile application, services, and tools or any successor websites, hereinafter referred to as the “Platform”. By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Platform, and Services and all Collective Content and constitute a binding legal agreement between you and MSMEx.
In these Terms, “you” and “your” refer to the individual or entity that uses the Platform or Services. “We”, “us”, or “our” refer to MSMEx. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders, and words in the singular include the plural and vice-versa.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform. Failure to use the Platform in accordance with these Terms may subject you to civil and criminal penalties.
THE PLATFORM AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERTS MAY CREATE LISTINGS (AS DEFINED BELOW) IN ORDER TO OFFER INFORMATION AND ADVICE TO SEEKERS. YOU UNDERSTAND AND AGREE THAT MSMEx IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). MSMEx HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE PLATFORM AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Talk to Expert” means a scheduled telephone/video call coordinated via the Services between Members in connection with and subject to the terms of a Listing. “Listen to Expert” means all the video content MSMEx makes to be accessed by clients “Expert” means curated and empaneled member who offers information and advice to other Members through MSMEx platform “Client” means a person who completes MSMEx’s account registration process and is in pursuit of availing services as offered by MSMEx “Services” means various services offered by MSMEx platform for client “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), and other similar municipal, provincial, state, and federal indirect or other withholding and personal or corporate income taxes. “User” means a person who uses MSMEx platform and is in pursuit of availing services as offered by MSMEx either through its Platform or offline.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM, SERVICES, OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- Use of the Platform
- You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share
any information or item that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
- pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- shall not be false, inaccurate, or misleading;
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- Users shall not use the Platform in order to transmit, distribute, store or
destroy material, including without limitation content provided by the Platform:
- in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or
- hat harasses or advocates harassment of another person.
- Users shall not use the Platform to collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than to solicit applications for project/assignment listings; or modify, adapt, translate, or reverse engineer any portion of the Platform and/or Services.
- Users are also prohibited from violating or attempting to violate the security of the Platform, including, without limitation the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
- Remedies with the Platform.
- You understand and agree that the Platform may review any content or
project/assignment listing and in case the Platform finds, in its sole discretion,
that the User violates any terms of this Agreement especially Clause 4, the
Platform reserves the right to take actions to prevent/control such violation
including without limitation, removing the offending communication or content
from the Platform and/or terminating the Membership of such violators and/or
blocking their use of the Platform and/or Service.
- The Platform shall also be entitled to investigate occurrences that may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
- In order to ensure a safe and effective experience for all the Users, the Platform reserves the right to limit the amount of data (including resume views) that may be accessed by them in any given time period. These limits may be amended at the Platform’s sole discretion from time to time.
- Registration Process.
- The User to be entitled to avail the Services shall have to complete the
registration process (“Registration Process”) as provided below:
- No registration is required if you use the Platform to browse. You may browse the Platform and view content without registering, but as a condition to using certain aspects of the Platform, you are required to register with MSMEx, by creating an account ("Account") on the Platform and represent, warrant, and covenant that you provide us with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Platform) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account.
- For the purpose of this User Agreement, Account means the account successfully opened by the User on the Platform by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the
- Grievance Officer.
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are as under:
Name – Amit Kumar
Email – firstname.lastname@example.org
The policy followed by us is as follows:
It is the Platform’s policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of the Platform’s advertisers, affiliates, content providers, Members, or Users; and remove and discontinue Services to repeat offenders.
Procedure for reporting purported copyright infringements: If You believe that Your copyrighted material or content is posted, uploaded, or made accessible through the Platform or Services, please inform the Grievance Officer of such material or content and provide us with the following information (“Bona Fide Infringement Notification”):
- Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Details of works or materials that You believe are being infringed;
- Identification of the material or content on the Platform that is claimed to be infringing Your copyrighted works including information regarding the location of such materials with sufficient detail to enable the Platform to find and verify such materials;
- Your contact information including address, telephone number, and, if available, an email address;
- A statement by You that You have a bona fide belief that the publication or uploading of the copyrighted material has not been authorized by either by (a) the copyright owner; (b) his authorized agent, or (c) the law; and
- A statement by You setting out either that You are the owner of the copyrighted work or have been authorized by the owner to communicate with the Platform with regard to the use, publication, uploading of the copyrighted work on the Platform.
Once the Platform has received a Bona Fide Infringement Notification, the Platform shall have the right to, at its sole discretion, to (i) remove or disable access to the material claimed to have breached the notifier's copyrighted works; and (ii) to notify the Content provider, Member or User that it has removed or disabled access to the material.
Procedure to Supply a Counter-Notice to the Grievance Officer: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Grievance Officer listed below:
- A physical or electronic signature of the content provider, Member, or User;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, Member, or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The provider's, Member's or User's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Mumbai, Maharashtra.
- Removal: If a counter-notice is received by the Grievance Officer, the Platform may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 (ten) business days. Unless a court of competent jurisdiction gives direction against the removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Platform, after receipt of the counter-notice.
No Liability for Third Party.
If You enter into correspondence or engage in commercial transactions with Experts, Advisors, third parties, or consulting firms in connection with Your use of the Services, such activity would be solely between You and the Experts, Advisors, third parties, or consulting firms. The company, MSMEx, the Platform shall have no liability, obligation, or responsibility for any such activity agreed upon between the User/ Client and the Experts, Advisors, third parties, or consulting firms. For all our Service models, MSMEx's liability shall be based on the written agreement that MSMEx has with You. MSMEx and Platform will have no control over such outside and separate engagement entered directly with the Experts. MSMEx and/ or Platform will not be held responsible for any loss arising on account of short or non- performance of promises by the Expert. Further, MSMEx, with or without having the knowledge of such third party engagement, will not be responsible to either party in case of any damage or non-performance under such engagement. MSMEx advises the Users/ Clients to take appropriate steps and undertake necessary due diligence before engaging themselves in commercial transactions with Experts, Advisors, third parties, or consulting firms in connection with the direct use of the agreed services of Experts, Advisors, third parties, or consulting firms.
- THE PLATFORM IS ON AN "AS IS" BASIS. THE PLATFORM AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE OPERATION OF THE PLATFORM, PROVISION OF SERVICES OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PLATFORM OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PLATFORM AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PLATFORM AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE PLATFORM. THE PLATFORM IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE PLATFORM. THE PLATFORM DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR
- FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE PLATFORM ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE PLATFORM, THE PLATFORM, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- ALL THE CONTENTS OF THIS PLATFORM ARE ONLY FOR GENERAL INFORMATION OR USE.THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE PLATFORM IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS PLATFORM. FURTHER, IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE PLATFORM DOES NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY OR VALIDITY, OR TRUTH OF THE INFORMATION POSTED ON THE PLATFORM AND THE PLATFORM SHALL NOT BE LIABLE ON THIS ACCOUNT.
- SINCE THE PLATFORM ACTS ONLY AS A PROJECT/ASSIGNMENT SEARCHING AND PUBLISHING PORTAL FOR THE USERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE OPPORTUNITY PROVIDER AND THE EXPERT AS REGARDS THE TERMS OF THE PROJECT/ASSIGNMENT OFFERED BY THE OPPORTUNITY PROVIDERS. IN NO CIRCUMSTANCES SHALL THE PLATFORM BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE OPPORTUNITY PROVIDER AND THE EXPERT. FOR ALL OUR SERVICE MODELS, MSMEX'S LIABILITY SHALL BE BASED ON THE WRITTEN AGREEMENT THAT MSMEX HAS WITH YOU.
- IN NO EVENT SHALL THE PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED, OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTUNITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM.
- NEITHER SHALL THE PLATFORM BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE PLATFORM SHALL NOT BE HELD RESPONSIBLE FOR NON- AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE PLATFORM’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
- THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
Limitation on Liability.
The Platform shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Platform’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). WITHOUT LIMITING THE FOREGOING, THE PLATFORM AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PLATFORM’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PLATFORM FOR THE SERVICES IN THE 3 MONTHS IMMEDIATELY PRIOR TO THE ACTION GIVING RISE TO LIABILITYIndemnity.
- For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, methods developed for analysis, verification and recruitment, data and know-how relating to the Platform or to a party (the “Disclosing Party” either the Expert or the Opportunity-Provider) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”, herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.
- The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party.
- Further, no use, reproduction, transformation, or storage of the Confidential Information shall be made by the User without the prior written permission of the Platform, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- The User has access to only his own data and information stored in the database at Platform (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
- All Confidential Information (including name, e-mail address, etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Platform shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
- If the User is an unintended recipient, even if registered as an Expert or an Opportunity Provider and is using or accessing the Platform to gain Confidential Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement. Such unintended recipient shall be under strict obligation to keep the Confidential Information so acquired absolutely confidential. The Platform in such an event, be entitled to inquire and investigate and seek legal remedy against such unintended recipient including to seek a temporary and permanent injunction.
Governing law and Dispute Resolution -
Force Majeure -
The Platform is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, pandemic, or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
In this Agreement, unless the context otherwise requires references to recitals, clauses, and sub-clauses are to recitals, clauses, and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.
Links to Third-Party Sites.
- The Platform may contain links to other Platforms (“Linked Sites”). The Linked Sites are not under the control of the Platform and the Platform is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Platform is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Platform is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
- The Platform is not responsible for any errors, omissions, or representations on any Linked Site. The Platform does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
MSMEx provides refund only in the following case:
- Users of MSMEx Platform shall note this before using the Platform, that once our service is delivered then we can not take it back and reverse the situation hence refund is not possible. The refund decision is fully on MSMEx management and will be taken after looking into the reasons for the refund. The reasons for refund should be supported by satisfactory evidence otherwise refund requests will not be considered valid. In all circumstances, the decision of MSMEx management will be final and binding.
If any dispute arises between you and MSMEx during your use of our Services or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by MSMEx. The place of arbitration shall be Mumbai, Maharashtra. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.