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Google –  Digital Ads of the Petitioner disapproved / marked as “Limited” – Google Advertising Terms for Arbitration at Santa Clara County California – Section 9 of AA petition filed in Delhi High Court

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Google –  Digital Ads of the Petitioner disapproved / marked as “Limited” -Section 9 of the  Arbitration Act – Arbitration Clause of Google Advertising Terms for remedy at Santa Clara County California – Interim measures to maintain status quo ante and to restrain Google from markings its ads as “Limited by Policy”

 

The petitioner has filed section 9 application directing the Respondent – Google India Pvt Ltd to maintain status quo ante by reinstating all the digital ads of the petitioner which were disapproved / marked as ‘LIMITED” ON 10.12.2023, 29.12.2023 and 30.1.2024 and also to restrain Google from disapproving any remaining ads of the petitioner as “Limited by Policy”.

The petitioner is engaged in business and management consultancy services, provide assistance, corporate compliances including business set ups, IPR, accounting, book keeping services, etc. Since 2020, the petitioner utilizes advertising services of Google under its advertising program terms.

Clause 13 of the said Terms provides for an arbitration clause but remedy at Santa Clara County California USA precludes the petitioner from exercising the said legal remedy.

However, since August, 2023, some of the advertisements are disapproved on giving reference to policy called Government Documents and Official Services.   The petitioner had issued the legal notice dated 19.2.2024 as per arbitration clause and for reinstatement of advertisements.

The Delhi High Court passed an order directing that the advertisements which have been currently not been blocked or are labelled “Eligible (limited)” in the above screenshots shall not be blocked or taken down till the next date of hearing.

It was observed that standard arbitration clause as per Google program Terms may be availed by millions of customers of Google India Private Limited within the country and thus, the Court would like to consider as to whether such a clause would in fact prevent people like the Petitioner from availing their legal remedies in accordance with law in India or should arbitration in such cases be held in India.

Judgment dated 27.3.2024 in OMP (I)(COMM) No.96/2024 & I.A.6942 of 2024 of Startupwala Private Limited Vs. Google India Pvt Ltd

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