This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
The domain name www.MYCOMPANIESACT.com (hereinafter referred to as "Website") is owned by Gennext professionals llp, a limited liability partnership FORMED AND INCORPORATED under the LIMITED LIABILITY PARTNERSHIP ACT, 2008 HAVING ITS REGISTERED office at B-2/3, R.P.Bagh, Delhi-110007 (hereinafter referred to as "GENNEXT").
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms") as applicable to the Website including the policies which are incorporated herein by way of reference.
UPON USE OF OR ACCESS TO THE website, You specifically acknowledge and agree that:
A. YOU HAVE READ AND UNDERSTOOD THE TERMS AS SET OUT HEREIN INCLUDING POLICIES WHICH ARE INCOROPORATED HEREIN BY WAY OF REFERENCE.
B. BY USE OF, OR ACCESS TO, THE WEBSITE, YOU SHALL BE ENTERING INTO BINDING OBLIGATIONS WITH GENNEXT IN ACCORDANCE WITH THE TERMS AS SET OUT HEREINAFTER INCLUDING THE POLICIES INCORPORATED HEREIN BY WAY OF REFERENCE.
C. YOUR ACCESS TO AND USE OF ANY SERVICES OFFERED ON THE WEBSITE WOULD IMPLY YOUR ACCEPTANCE OF THESE TERMS. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.1. Use of the Website is permissible only for persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract under the said Act such as minor, un-discharged insolvents, mentally unstable etc. are not eligible to use this Website.
1.2. Gennext reserves its right to terminate the membership/registration of any Person in the event that such person is found not to be satisfying the eligibility criteria.
2.1. Certain features of the Website shall be accessible to the registered members only. You shall be required to provide the necessary information as per the application form provided by Gennext and along with the payment of necessary registration charges as per the plan which may be opted by you.
2.3. The charges towards registration and / or renewal of registration under any plan indicated above may be paid online using the payment systems indicated on the Website or by way of cheque or demand draft issued in favor of Gennext at the address indicated on the Website.
(a) Where the charges are paid online using the payment systems as indicated on the Website, the registration would be activated within a period of [●] hours from the time of payment. You acknowledge and understand that activation of registration may be delayed on account of delay in receiving payment details by the payment systems operator or your merchant bank, internet connectivity etc. and Gennext shall not be liable for any delay in this account.
(b) Where the charges are paid by way of a cheque of demand draft, the registration or renewal shall be activated within a period of 3 business days (days on which bank is open) from the date of receipt of the cheque/demand draft, subject to the amounts under the cheque/demand draft being honoured by the Member’s bank upon presentation of the same by Gennext.
2.4. Please note that payment of registration charges and the plans indicated above can be modified as per the sole discretion of Gennext. Gennext shall be at liberty to withdraw any of the features under any of the plans or withdraw the plans in its entirety as it may deem fit. Any modification of the charges or the plan shall apply to any fresh registration or subsequent renewal.
3.1. Registration on the Website under any of the Plans indicated above shall be valid for a period of 1 year only and shall need to be renewed on yearly basis. The renewal charges shall be the same as indicated in Clause 2.2 above.
3.2. Members intending to renew their registration must ensure that renewal request along with the payment as due at the time of and for renewal is sent to Gennext on or before the last due date i.e. the date until when the registration is valid.
3.3. In the event of non-renewal of the membership, your registration shall be automatically be deactivated and any or all features available on the Website, at the sole discretion of Gennext, shall become inaccessible. On renewal of the registration, the Terms provided herein including any modifications or amendments shall be deemed to be accepted by the Member.
3.4. Gennext reserves the right to terminate the registration of any member on the Website or discontinue any or all services obtained by you pursuant to your registration in the event of any breach of the terms and conditions as specified herein or on the non-payment of any charges or revised charges as may be application. Gennext further reserves the right to discontinue the provision of any service which may have been otherwise available upon registration.
4.1. All Website content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, database and the selection and arrangements thereof are the exclusive property of Gennext, and are protected by the Indian copyright laws. All software used on the Site is the property of Gennext, and such software is protected by copyright laws and other laws and treaties. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.
4.2. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
5.1. The information on the Web Site is for personal use only and not for commercial exploitation.
5.2. The Member shall not be permitted to:
(a) decompile, reverse engineer, disassemble, lease, loan, sell, sub-license, or create derivative works from the Website or the content and information provided on the Website. The Member is further prohibited from using any network-monitoring or discovery software to determine the Website architecture, or extract information about usage or other Members/users.
(b) Alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.
(c) Use or otherwise export or re-export the Website or any portion thereof, the content or any software available, on or through the Website in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its content is prohibited.
(d) Combine the whole or any part of the data with any other software, data or material.
(e) Store or use any downloaded data in an archival database or other searchable database except as expressly permitted by this Agreement.
5.3. The Member undertakes to use its reasonable endeavors to ensure that the service shall not be accessed or used by third parties other than those entitled to do so by virtue of their registration. In the event that Gennext becomes aware of such unauthorized use, Gennext shall be entitled to cancel or suspend your registration without providing any refund.
5.4. The Member shall use its reasonable endeavors to keep any downloaded data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part downloaded data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavors to prevent whether by act or omission such duplication or reproduction except as permitted by the Terms herein.
5.5. The Member acknowledges and understand that certain software used by Member may not be capable of supporting the service and the performance of the service will vary with the hardware on which it is used.
6.1. In the event that Member wishes to cancel his registration, the Member will need to place such a request with Gennext.
6.2. Gennext shall not refund any amounts paid towards registration in the event of a cancellation or closure of account maintained by the Member with Gennext. No cancellation or refund requests shall be entertained by Gennext on the ground that the Member did not understand the terms and conditions as set out herein or did not understand the features provided by the Website prior to registering with Gennext. The users/members are requested to satisfy themselves on this account thoroughly prior to registering with Gennext.
6.3. Notwithstanding anything contained herein, in the event that Gennext cancels or suspends registration on account of any breach by the Member of the Terms as stipulated herein or on account of breach of any applicable laws, Gennext shall not be liable to refund the registration amount or any portion thereof.
When you use the Website or send emails or other data, information or communication to Gennext, you agree and understand that you are communicating with Gennext through electronic records and you consent to receive communications via electronic records from us periodically, as and when required. We may communicate with you by email or by any other mode of communication.8. Accuracy of content
8.1. Gennext has been very cautious in the preparation of the content of the Website including but not limited to description, images, prices, colors etc. However, please note that Gennext shall not be bound by any errors or omissions in posting information or prices with respect to any services offered on the Website. Gennext shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on the Website.
8.2. By using or accessing the information available on the Website or upon registration with Gennext, you acknowledge and understand that:
(a) The information in relation to various companies posted on the Website has been obtained from the website of the Ministry of Corporate Affairs at www.mca.gov.in. Gennext does not authenticate the information as may be available on the MCA site and no independent verification investigation or searches with public registries, authorities or other designated authority under the Companies Act, 2013 or the Companies Act, 1956 has been carried out by Gennext. As such, Gennext shall not be responsible or liable for any inaccurate or incomplete information that may be provided on the Website. The members are requested to carry out an independent verification of the same to authenticate the information as may be available.
(b) The information in relation to filing and other compliance requirements for various companies is intended to serve as a guide to professional users while accessing and registering on the Website. Whilst every endeavor is made by Gennext to provide documentations, compliance forms, format resolutions etc. which are up to date with the changes/modifications in the applicable laws, it is possible that certain documentation is not updated on the Website on account of various reasons including forms and documentations not being available with the concerned registrar of companies or being uploaded on the MCA site. The information including filing and compliance requirements may not be exhaustive and are not intended to and, consequently, should not be treated as a substitute for specific legal advice concerning individual matters, situations or concerns. Given the nature and purpose of this Website, to the extent it contains conclusions or analysis, such conclusions or analysis are intended solely to provide an overview of the compliance and filing requirements for companies registered under the Companies Act. These are not legal opinions and must not be regarded as a substitute for specific legal advice. Neither Gennext nor any of its representatives, designated partners or other officers shall be liable for any losses, damages costs, fines or penalties which either the registered members or any of their clients, consultants, customers or their authorised representatives may suffer on account of any inaccurate or incomplete compliance or filing requirements or documentations as may be provided.
10.1. The users while accessing, browsing or otherwise using the Website shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the user does not have any right. This obligation would not otherwise prohibit or restrict the use or access of information which is available in public domain;
(b) 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights of Gennext or otherwise;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 offence or prevents investigation of any offence or is insulting any other nation.
10.1.2. The users, as and when required, shall provide true and accurate information, and shall at all times, while accessing, browsing or otherwise using the Website, abide by all the policies of the Website. It is understood that you are accessing, browsing or otherwise using the Website at your sole risk and that you are using your best and prudent judgment before accessing, browsing or otherwise using the Website. You shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password.10.3. Security
(a) Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
(i) Sending unsolicited email, including promotions and/or advertising of products or services; or
(d) Violations of system or network security, which may result in civil or criminal liability.11. Disclaimer
11.1. Gennext will endeavor to provide all services or features related information and the users are advised to be informed of all such information before purchasing/using the services or registering on the Website.
11.2. The services on the Website are provided on "as is" and "as available" basis, without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Gennext does not warrant that:
(a) The Website will be constantly available, or available at all. The Website may be down for maintenance or there may be a network problem, or the site may be experiencing excessive load in which case, the Website may not be accessible by users; or
(b) The information on the Website is complete, true, accurate or non-misleading.
(c) Gennext will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Gennext does not warrant that the Website, information, content, materials, products (including software) included on or otherwise made available to you through the Website, their servers, or electronic communication sent from the Website are free of viruses or other harmful components.
(d) The users shall fulfill their obligation to maintain the confidentiality of their username and password. In the event you fail to maintain the same, Gennext shall not be responsible or assume liability for any unauthorized use of the Website under your name. It is understood that Gennext shall not be made liable in any way including the liability to pay.
(e) Gennext shall not be responsible or assume liability in the event there arises any loss or damage to you, by availing the methods of payment available on the Website, due to:
(i) Lack of authorization for any transaction/s, or
(ii) Exceeding the preset limit mutually agreed by you and between "Bank/s", or
(iii) Any payment issues arising out of the transaction, or
(iv) Decline of transaction for any other reason/s
11.3. This disclaimer of liability also applies to any damages or injury caused or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
11.4. The website shall not be liable for any damage due to any Network problem that may be caused by acts of God or any cause that is beyond the control of Gennext.12. User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, "Comments") shall be and remain Gennext’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gennext of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Gennext will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gennext is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any Member’s Comments.13. Indemnity
You, the user agree to defend, indemnify and hold harmless Gennext, its employees, designated partners, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees (“Losses”) caused by or arising out of:
(a) claims based upon your actions or inactions, which may result in any loss or liability to Gennext or any third party including but not limited to the non-fulfillment of any of your obligations under these Terms; or
(b) Your violation of the Terms as set out herein and applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights and
(c) Your use of software robots, spiders or crawlers, data gathering and extraction tools, or any action taken by you that could impose an unreasonable burden or load or disturbances on the infrastructure of Gennext.14. Limitations on Liability
Without prejudice and in addition to the provisions as set out in Clause 8 above, it is hereby clarified that in no event shall Gennext be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever even if Gennext has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use of information, inability to use, or performance of the information available from this Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No action or proceeding may be brought against Gennext with respect to any claim or dispute arising from the use of this Website.15. Governing Law and Jurisdiction
Gennext reserves the right to modify these Terms, at any time, without any prior notification to you personally or on the Website. By continuing to use the Website, you agree to abide by all the modifications that may be made to the Terms stated herein