Terms and Conditions

The following are the terms and conditions (the "Terms") for use of the New Corporate Laws Treatise website (the "Site") and NCLT services. Please read the Terms carefully.

  1. Acceptance
    By using the NCLT Material (as defined below), you are deemed to accept the validity of and be bound by the Terms as stated herein without modification.

NCLT Material is defined as any legal materials, documents, newsletters, contracts, software, products, web links, email, information, partial NCLT Material or any other materials provided by NCLT or the Site or its affiliates. NCLT Services is defined as any NCLT service.

       2. Use of NCLT Material and NCLT Services

A. Generally

You agree not to use any NCLT Material and NCLT 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 Material and NCLT 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:

    1. use services or products for which the license/ subscription is purchased for the time period specified for unlimited transactions,

    2. 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 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 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.

Third Party Serivces/ Legal Referencer

"Plan Members" is defined as any customer or customers licensing or purchasing a NCLT 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 and NCLT suppliers who deliver the Plan Services (NCLT is NOT a Plan Supplier).

NCLT is not responsible for the commitments made by any Third Party Supplier or Database provider of any kind whether communicated in NCLT 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, 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 will not be party to such contracts and will not be responsible for any obligations under such contracts. "Directing Efforts" is NCLT'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 Services. Plan Members agree that the portion of the total fee paid to NCLT for Directing Efforts is minimal relative to the portion of the fee paid to NCLT for the licensed use of NCLT Material.

  1. Legal Advice, Information and Decision Making Responsibility
    NCLT is not a law firm and does not provide Legal Advice (as defined below). Your use of the Site or any NCLT service does not create a solicitor-client relationship between you and NCLT.

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 does not provide Legal Advice. If you receive any communication from NCLT, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by NCLT 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 Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any NCLT 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.

  1. Programs
    NCLT retains the right to make changes to its Affiliate Program or other programs as it sees fit.

Detailed Affiliate Program Terms and Conditions can be found at

  1. Restrictions
    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 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 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 retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or NCLT Material or NCLT Services at its discretion.

  1. Assignment
    This agreement cannot be assigned.

Ownership of Intellectual Property
NCLT DOES NOT transfer to you title to any copy, or original, of the documents or any other NCLT Material. All ownership, copyright and other intellectual property rights to any NCLT Material belongs solely to NCLT and its suppliers or affiliates except as expressly licensed in these Terms.

Without reducing or restricting any other remedies that NCLT may be entitled to, you agree that, to the extent allowable under applicable law, any automated system using any NCLT Material will be the property of NCLT.

LIMITED WARRANTIES
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, NCLT Material and NCLT Services are provided "as is" without any kind of warranty.

You accept full responsibility for determining whether NCLT Material and NCLT 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 loss, injury, claim, liability, damage, or consequential damage related to your use of NCLT Material and NCLT Services, or for inaccessibility of NCLT Material and NCLT Services whether from errors or omissions in the content of NCLT Material and NCLT Services or any other linked sites/ affiliate sites or for any other reason. Use of NCLT Material and NCLT Services is at your own risk.

NCLT does not represent or warrant that NCLT Material, the Site or any linked sites are free of any harmful materials.

Maximum Liability
Except as expressly provided in these Terms, the maximum liability of NCLT is the amount paid to NCLT by the customer. The maximum liability of NCLT for any NCLT Services is the portion of the amount paid to NCLT by the customer specifically for the NCLT Services as calculated by NCLT.


No Guarantees and Refunds
NCLT does not make any representation or warranties or guarantees that NCLT Material or NCLT services will be free of error or omissions. Subscribers agree to waive their right to any claims against NCLT regarding their use of Site and NCLT Material and NCLT Services unless otherwise agreed to in writing.
 

Client Privacy
NCLT agrees to adhere to its Privacy Policy which can be found at [Link to Privacy Policy Page]

Terms
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 Material should it be deemed that any NCLT Material is legally relevant to this Agreement under law.

Indemnification
You agree to indemnify and hold NCLT, its directors, officers and 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 Material or NCLT Services.

Governing Law
The Terms are governed by the laws of India. You irrevocably submit to the exclusive jurisdiction of the Courts at New Delhi.

Binding Arbitration
If you and Ras Info Ventures 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, Ras Info Ventures Private Limited will have 90 days to choose and appoint an independent 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. The parties will bear there respective costs.

Class Action Waiver
You will not seek to have the dispute heard as a class action, 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
NCLT reserves the right to change the Terms or policies regarding the use of the Site or NCLT Material or NCLT Services at any time and does not have any obligation to notify you for updating the Site. Other terms and conditions are only valid when signed in writing by an authorized NCLT officer.

Severability
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.

Waivers
No failure or delay, on the part of NCLT, in exercising any right or power under these Terms will operate as a waiver of such right or power.

Whole Agreement
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 Ras Info Ventures Private Limited. notwithstanding any:

a). NCLT Material other than this Agreement, communication between you and NCLT, including telephone, email and online chat assistance, or

b). Announcements, newsletters or promotional materials from NCLT.

Ras Info Ventures Private Limited is the owner of the New Corporate Law Treatise / NCLT.in website, trade name, brand and trademark.