NCLT.in Terms and Conditions
The following are the terms and conditions (the "Terms") for use of the New Corporate Laws Treatise WWW.NCLT.IN OR NCLT.IN website (the "Site") and NCLT.IN services. Please read the Terms carefully.
By using the NCLT.IN Material (as defined below), you are deemed to accept the validity of and be bound by the Terms as stated herein without modification.
NCLT.IN Material is defined as any legal materials, contents, documents, newsletters, contracts, software, products, web links, email, information, partial NCLT.IN Material or any other materials provided by NCLT.IN or the Site or its affiliates.
NCLT.IN Services is defined as any NCLT.IN service.
2. Use of NCLT.IN Material and NCLT.IN Services
You agree not to use any NCLT.IN Material and NCLT.IN Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms of this agreement.
You agree to use Site, NCLT.IN Material and NCLT.IN Services for personal use and not for commercial or marketing purposes.
You may view the Site using a web browser for evaluation purposes as a potential customer or supplier.
Purchase of a subscription entitles you to:
i. use services or products for which the license/ subscription is purchased for the time period specified for unlimited transactions,
ii. download and take prints of the documents created by you strictly for personel use.
You may end a license/ subscription in the manner specified on the order page, your account area. NCLT.IN retains the right to cancel any license/ subscription at any time, in which case you will only be charged for the time in which the license/ subscription was in effect. NCLT.IN retains the right to change license/ subscription prices.
You will be charged in Indian currency or US Dollar equivalent to Indian currency on the date of the transaction if paid in other currency.
B. Third Party Services/ Legal Referencer
"Plan Members" is defined as any customer or customers licensing or purchasing a NCLT.IN product that includes a promotion with a label similar to Legal Referencer which may be on a supplementary information link giving more details regarding the promotion. Plan Members are subject to all of the clauses in these Terms including the Warranty and Liability clauses.
"Plan Services" is defined as those services related to the Legal Referencer for Plan Members.
"Plan Supplier" is defined as the law firms, licensed attorneys, professionals or service providers and NCLT.IN suppliers who deliver the Plan Services (NCLT.IN is NOT a Plan Supplier).
NCLT.IN is not responsible for the commitments made by any Third Party Supplier or Database provider of any kind whether communicated in NCLT.IN Material or otherwise and whether related to the Plan Services or not. Plan Services are subject to restrictions and exclusions which may be and have been introduced by Plan Suppliers, NCLT.IN, regulators or any relevant laws.
Plan Members agree to enter into a contractual relationship with any Plan Suppliers regarding any services required by the Plan Members and NCLT.IN will not be party to such contracts and will not be responsible for any obligations under such contracts. "Directing Efforts" is NCLT.IN's efforts in redirecting Plan Members to a Plan Supplier which is primarily through automatic electronic communication and is occasionally otherwise. Notwithstanding other Terms, Directing Efforts is considered to be part of NCLT.IN Services. Plan Members agree that the portion of the total fee paid to NCLT.IN for Directing Efforts is minimal relative to the portion of the fee paid to NCLT.IN for the licensed use of NCLT.IN Material.
3. Legal Advice, Information and Decision Making Responsibility
NCLT.IN is not a law firm and does not provide Legal Advice (asdefined below). Your use of the Site or any NCLT.IN Services or NCLT.IN Material does not create a solicitor-client relationship between you and NCLT.IN.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You agree that NCLT.IN does not provide Legal Advice. If you receive any communication from NCLT.IN, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by NCLT.IN and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of NCLT.IN Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any NCLT.IN Material.
For the purposes of these Terms, Legal Advice is defined to include the following:
any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
advice on which legal document or documents you need or are best for your situation;
determining the legal consequences that will or could result from how you have created your legal document;
whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
whether you have omitted any necessary provisions or details from your legal documents; and
whether you require any additional legal documents or legal procedures.
NCLT.IN retains the right to make changes to its Affiliate Program or other programs as it sees fit.
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any NCLT.IN Material, nor will you allow or assist a third party to do so. The EULA document may be distributed on the internet without time limit by licensed NCLT.IN customers as part of a materially non-legal package adding significant value.
The rights granted under these Terms are granted to you only.
If you are an organization, a License or service purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, a License or service must be purchased for each individual. The appointed individual may not be changed.
NCLT.IN retains all right to prohibit organizations, groups, or individuals, or yourself from using its websites or NCLT.IN Material or NCLT.IN Services at its discretion.
This agreement cannot be assigned.
Ownership of Intellectual Property
NCLT.IN DOES NOT transfer to you title to any copy, or original, of the documents or any other NCLT.IN Material. All ownership, copyright and other intellectual property rights to any NCLT.IN Material belongs solely to NCLT.IN and its suppliers or affiliates except as expressly licensed in these Terms.
Without reducing or restricting any other remedies that NCLT.IN may be entitled to, you agree that, to the extent allowable under applicable law, any automated system using any NCLT.IN Material will be the property of NCLT.IN.
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, NCLT.IN Material and NCLT.IN Services are provided "as is" without any kind of warranty. We owe no responsibility to update any NCLT.IN Material or NCLT.IN Services.
You accept full responsibility for determining whether NCLT.IN Material and NCLT.IN Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms, we are not responsible for any direct or indirect loss, injury, claim, liability, damage, or consequential damage or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data related to your use of NCLT.IN Material and NCLT.IN Services, or for inaccessibility of NCLT.IN Material and NCLT.IN Services whether from errors or omissions in the content of NCLT.IN Material and NCLT.IN Services or any other linked sites/ affiliate sites or for any other reason. Use of NCLT.IN Material and NCLT.IN Services is at your own risk.
NCLT.IN does not represent or warrant that NCLT.IN Material, the Site or any linked sites are free of any harmful materials.
Except as expressly provided in these Terms, the maximum liability of NCLT.IN is the amount paid to NCLT.IN by the customer during financial year as defined under the Companies Act, 2013. The maximum liability of NCLT.IN for any NCLT.IN Services is the portion of the amount paid to NCLT.IN by the customer specifically for the NCLT.IN Services as calculated by NCLT.IN. You agree that the decision of NCLT.IN in this regard shall be final and binding upon you.
No Guarantees and Refunds
NCLT.IN does not make any representation or warranties or guarantees that NCLT.IN Material or NCLT.IN services will be free of error or omissions. Subscribers agree to waive their right to any claims against NCLT.IN regarding their use of Site and NCLT.IN Material and NCLT.IN Services unless otherwise agreed to in writing.
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting NCLT.IN Material should it be deemed that any NCLT.IN Material is legally relevant to this Agreement under law.
You agree to indemnify and hold NCLT.IN, its directors, officers, employees and affiliates harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or NCLT.IN Material or NCLT.IN Services.
The Terms are governed by the laws of India. You irrevocably submit to the exclusive jurisdiction of the Courts at New Delhi.
If you and Filekaro eServices Private Limited are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Filekaro eServices Private Limited will have 90 days to choose and appoint an arbitrator with relevant knowledge of the matter at issue and the governing laws as set forth above. The arbitration will be held in New Delhi, India. You undertake to pay the entire costs of the arbitration proceedings at all stages of the arbitration.
Class Action Waiver
You will not seek to have the dispute heard as a class action suit, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Modification of the Terms
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
No failure or delay, on the part of NCLT.IN, in exercising any right or power under these Terms will operate as a waiver of such right or power.
Except as explicitly set forth in this agreement, these Terms, the Site's Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Filekaro eServices Private Limited. notwithstanding any:
a) NCLT.IN Material other than this Agreement, communication between you and NCLT.IN, including telephone, email and online chat assistance, or
b) Announcements, newsletters or promotional materials from NCLT.IN.
Filekaro eServices Private Limited and its Affiliates are the owners of the New Corporate Law Treatise / NCLT.in website, trade name, brand and trademark. All rights reserved.
CANCELLATION AND REFUND POLICY:
Once the order is placed on NCLT.in the same cannot be cancelled after making the payment through any of the online payment option. Further customer will not be allowed charge back on online payments once payment has been successfully received by NCLT.in for subscription to NCLT.in or any combination product offering/ promo offer.
In case order is made by any offline payment mode/ cheque/ draft payment, customer can cancel the order/ subscription to NCLT.in till the time money is not received by us, but not thereafter.
In case of any combination product offering/ promo offer / sale of books, amount paid for books may be refunded if unopened package and unused books are returned to NCLT.in specified address by the customer. The discretion of the NCLT.in team whether any refund is to be issued and after deduction of any charges and costs shall be solely of NCLT.in. Normally NCLT.in may levy Rs 200/- per order as order cancellation charges prior to issuing refund.
NCLT.in reserves the right to modify its cancellation and refund policy without any prior intimation.
NCLT.IN IS A PRIVATELY OWNED AND OPERATED WEBSITE AND SHOULD IN NO WAY BE DEEMED TO BE CONNECTED WITH THE GOVERNMENT OF INDIA OR ANY OF ITS MINISTRIES OR DEPARTMENT OR THEIR OFFICIAL WEBSITES. THE INFORMATION OR LINKS TO ANY INDIAN GOVERNMENT/ COURTS/ TRIBUNALS WEBSITES ARE PURELY FOR READY REFERENCE OF THE SITE USERS.