Article 32 | Scope of Liability & Exclusions

(1)   The Secretariat, the Alliance and its members shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to the activities, initiatives, or decisions of the Alliance, except in cases of wilful misconduct or gross negligence.

(2)   The Secretariat, and the Alliance shall not be liable for any damages or losses incurred by members or third parties due to the use, misuse, or reliance on the AI standards, guidelines, or other outputs developed by the Alliance, unless expressly guaranteed in writing by the Alliance.

(3)   The Secretariat, and the Alliance shall not be liable for any infringement of intellectual property rights by its members or third parties, and each member shall be solely responsible for ensuring that their participation in the Alliance and use of its outputs do not violate any existing intellectual property rights.

(4)   The Secretariat, and the Alliance shall not be liable for any breach of confidentiality or data privacy by its members or third parties, and each member shall be solely responsible for complying with applicable data protection laws and regulations in their handling of confidential information related to the Alliance.

(5)   The Secretariat, and the Alliance shall not be liable for any disputes, conflicts, or disagreements among its members, and any such issues shall be resolved through the dispute resolution mechanisms established by the Alliance, without involving the Alliance as a party to the dispute.

(6)   The Secretariat, and the Alliance shall not be liable for any damages or losses arising from the acts or omissions of its individual members, employees, or representatives, unless such acts or omissions are authorised by the Alliance and fall within the scope of their duties and responsibilities.

(7) The Terms of this Charter shall be governed by Indian law with exclusive jurisdiction resting with courts located in Prayagraj (Allahabad), Uttar Pradesh.

(8) In case of disputes arising out of the terms of the Charter, parties shall first attempt resolution through mediation administered by CORD (Centre for Online Resolution of Disputes) per CORD Rules. If unresolved within 45 days through mediation, disputes will proceed to arbitration administered by CORD as per CORD Rules. The seat of arbitration shall be Prayagraj (Allahabad), Uttar Pradesh.

(9) In case of ambiguity or vagueness or multiple interpretations of any term or phrase in the present Agreement, the intent of the parties shall be deemed to be the interpretation which protects ISAIL.IN from the unauthorised use, dissemination, or publication of confidential information, sensitive personal information, intellectual property, tangible or intangible materials.

(10) The limitations of liability set forth in this Article shall apply to the fullest extent permitted by applicable law, and any provisions found to be unenforceable shall be severed from this Article without affecting the enforceability of the remaining provisions.