Terms and Conditions

Gyan Shree Industrial Consultants Private Limited “Gyan Shree” has setup a website www.ibcorders.com “Website” to facilitate a viewer to browse and obtain all the orders in matters under the Insolvency and Bankruptcy Code 2016 passed by tribunals and courts including National Company Law Tribunal, National Company Law Appellate Tribunal, High Court or Supreme Court.

The terms “user(s)”, “subscriber(s)” ,“your” or “you” are used in this Privacy Policy refers to the person who takes a subscription to browse and obtain any orders passed by the National Company Law Tribunal and National Company Law Appellate Tribunal or any orders passed by the High Court or Supreme Court in matters relating to Insolvency and Bankruptcy Code, 2016 as per his/her requirements and terms “we” , “our” or “us” refer to Gyan Shree Industrial Consultants Private Limited “Gyan Shree”.

Please read these Terms and Conditions carefully and ensure that you understand them before you subscribe to the subscription of Gyan Shree. These Terms and Conditions become applicable to the users/subscribers who subscribe for the subscriptions of Gyan Shree to browse and obtain any orders passed by the National Company Law Tribunal (“NCLT”) and National Company Law Appellate Tribunal(“NCLAT”) or any orders passed by the High Court or Supreme Court in matters relating to Insolvency and Bankruptcy Code, 2016 as per his/her requirements through www.ibcorders.com (referred as “Website”).

These Terms and Conditions are subject to change and Gyan Shree may, without prior notice to you and at any time, revise them and any other information contained in any Website by updating these Terms and Conditions. Please note that the restated Terms and Conditions shall be effective immediately upon posting. Therefore, you are advised to regularly check for any amendments or updates to these Terms and Conditions. If the changes are not agreeable to you, you must stop using our Website and cancel your subscription. Except where additional terms and conditions are provided, these Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Gyan Shree.

  1. ACKNOWLEDGEMENT AND EXPRESS CONSENT

    The terms contained herein as well as those stated under various headings, form an agreement regulating your relationship with Gyan Shree with regard to the use of its services by you. By subscribing for the subscription of Gyan Shree, you acknowledge and agree to have read, understood and agreed to these Terms and Conditions , the Privacy Policy and Disclaimer and any other terms or agreements relevant to your use of the Gyan Shree services and agree to be bound by them with all applicable laws and regulations. You agree and understand that material or information contained on or made available through the Website is not intended to and does not constitute legal advice nor does it, in any manner establish a client – advocate relationship.

  2. ELIGIBILITY

    Use of our Website for availing our services is accessible only to persons who can enter into legally binding contracts under the applicable law. Persons who are ‘incompetent to contract' within the meaning of the Indian Contract Act, 1872 are not eligible to access and use our services.

  3. ACCURACY OF CONTENT

    To the extent permitted by applicable law, Gyan Shree disclaims all warranties, express or implied, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. The subscriber acknowledges that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law of the information contained on the Website. You understand and agree that Gyan Shree shall not be liable for any typographical, technical or any other kind of errors on the Website.

  4. SUBSCRIPTION
    4.1
    Users may purchase an annual subscription to access and obtain the orders of NCLT, NCLAT, High Court and Supreme Courts in matters relating to Insolvency and Bankruptcy Code, 2016, for the period of their subscription (“Subscription”).
    4.2
    The cost associated with purchasing a Subscription (“Subscription Fee”) is set out on the Website. The payment of the Subscription Fee shall be paid at the time of registering as a member on our Website.
    4.3
    The Subscription Fee displayed on the Website is subject to revision from time to time without giving any prior notice.
    4.4
    The Subscription shall automatically renew if the user has opted for the auto-renew options, thus giving authorization to Gyan Shree for prior informing the user of the renewal of their Subscription by charging the applicable Subscription Fee with their provided bank details.
    4.5

    In addition to the Subscription Fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation at the time of total billing of the subscriber.

  5. PAYMENT OPTIONS

    The various modes of payment permitted by Gyan Shree are as follows:

    a.

    Credit Card/Debit Card

    Payments may be made using Visa, MasterCard and American Express credit cards, debit cards or any other card mentioned in the Website from time to time.

    To pay using your credit card or debit card to make payments online you will need your card number, the expiry date of the card and the three-digit CVV number of the card.
    b.

    Net banking

    You may also avail your bank's internet banking services to make payments for the subscription. Any charge levied by banks or payment gateway is independent and have no connection with Gyan Shree. Gyan Shree shall have no liability in case of any charge levied by banks or payment gateways.

  6. CANCELLATION AND REFUND POLICY
    6.1
    If payment of your Subscription Fee is declined for any reason without any fault of Gyan Shree, your Subscription will be cancelled. If you provide Gyan Shree with new payment details and you are successfully makes the payment, your subscription period will be based on the original renewal date and not the date of the successful charge.
    6.2

    This is to clarify that the Subscription Fee is not refundable. No cancellation/refund of Subscription Fee will be made under any circumstances. The decision of the Gyan Shree will be final in this regard.

  7. DISCLAIMER OF WARRANTY
    7.1
    Use of our Website is at your sole risk. All information, orders and services are provided 'as is', with no warranties or guarantees whatsoever. Gyan Shree expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations.
    7.2

    Without limitation, Gyan Shree makes no warranty or guarantee that our Website will be uninterrupted, timely, secure, free from viruses or other harmful defects or error free. Information on our Website, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current or complete and while Gyan Shree makes its best effort to ensure accuracy of the information, data and general content, our Website may contain technical inaccuracies or typographical errors. Gyan Shree assumes no responsibility for updating information on our Gyan Shree to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any service.

  8. CONFIDENTIAL AND PERSONAL DATA/ INFORMATION
    8.1

    Any information that is required to be collected by us shall be kept confidential in accordance with the provisions of our Privacy Policy. In addition to the same, the provisions of the following laws/ rules/ guidelines/ regulations shall be applicable to the use of Website:

    1. The provisions of Information Technology Act, 2008 relating to processing of personal data and as may be amended from time to time;
    2. The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;
    3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.
    8.2

    Any information provided by you in case the user takes any Subscription through our Website shall also be kept confidential as per these Terms and Conditions. But Gyan Shree shall not be responsible for any misuse or unlawful use of your personal information by any third party.

  9. THIRD PARTY LINKS

    The Website may contain links to other websites or mobile applications that may collect information about you. We are not responsible for the privacy practices or the content of such linked websites or mobile applications.

  10. LIMITATION OF LIABILITY

    The subscriber shall be liable in the following situations:

    1. User shall use of any information or materials on this website is entirely at his/her own risk. The user shall solely owe the responsibility to ensure that any services or information available through this website meet your specific requirements.
    2. The subscriber shall be responsible for keeping secure the user identity and password required to access the account on our Website. All actions performed by any third person using the login-id and password created by the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password should not be shared with unauthorized users.
    3. The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the website for the reconstruction of any lost data.

  11. INTELLECTUAL PROPERTY RIGHTS
    11.1
    Unless stated otherwise, the software required for our services or available on or used by our Website or technologies that may be offered from time to time for availing services by users and all intellectual property of the contents and information of and material on our Website (“Intellectual Property”) are wholly and exclusively owned by and all right, title and interest solely vest in Gyan Shree. Intellectual Property shall include but not be limited to all developments, layout, look, appearance and graphics, proprietary information, trademarks, trade names, logos, art work, slogans, service mark, domain name, brand name, know-how, processes, methods, trade secrets, designs and all other work in which copyright may subsist. We possess the right to edit, copy, add to, take from, adapt, alter and translate the Intellectual Property.
    11.2
    You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand. To the extent that you would (wholly or partly) use or combine our content or would otherwise own any Intellectual Property Rights, you hereby irrevocably and unequivocally assign, transfer and set over all such Intellectual Property Rights to www. ibcorders.com.
    11.3

    Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our Intellectual Property Rights.

  12. FORCE MAJEURE

    You understand and agree that Gyan Shree will not be liable for any loss or damage with respect to the use of our Website for availing our services, if the same arises out of Force Majeure or an Act of God or any other cause which is beyond the reasonable control of Gyan Shree, including but not limited to, any event such as war, equipment and technical failure, electrical power failure or fluctuation, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, etc.

  13. TERMINATION

    You understand and agree that Gyan Shree reserves the right to terminate your registration and / or terminate your right to use our Website for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms and Conditions. Gyan Shree reserves the right to terminate the subscription at any time if it is found that the subscriber has been sharing the password with any unauthorized user You further understand and agree that any such termination may be effected without prior notice to you and you acknowledge and agree that Gyan Shree may delete or deactivate your account immediately on detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms and Conditions.

  14. 14. MODIFICATION

    The modification of the Website of Gyan Shree or modification of these Terms, including the Subscription Fees, at any time and without prior notice shall be at the sole discretion of Gyan Shree. Whenever the terms are modified, we will post the modification along with the “Last Updated Date” on the Website. By continuing to access or use the Website after the posting of modification of the Website you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the Website.

  15. APPLICABLE LAW AND DISPUTE RESOLUTION
    15.1
    You agree that these Terms and Conditions and the contractual obligation between Gyan Shree and user will be governed by the laws of India.
    15.2
    You and Gyan Shree agree that any dispute, claim or controversy arising out of or relating to these Terms or services provided in connection with these terms, the breach, termination, enforcement, interpretation or validity thereof, or to the use of the services or use our Website (collectively, "Disputes") will be settled by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996.
    15.3
    Any such dispute, controversy or claim referred to and decided by a Sole Arbitrator appointed and nominated by Gyan Shree and you by agreeing to the Terms and Conditions herein consent to the arbitration. The arbitration shall be conducted in New Delhi, India. The language of Arbitration shall be English.
    15.4
    The courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to these Terms and Conditions, your use of the website/mobile application or the Services or the information to which it gives access.
  16. ASSIGNMENT

    Any Subscription taken by the User of Gyan Shree is prima facie not assignable. You shall not assign any Subscription availed by you to any third party.

  17. NOTICES

    Any notices or other communications permitted or required hereunder, will be in writing and given by Gyan Shree via email or to the address that you provide while subscribing the Subscription. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  18. INDEMNIFICATION
    18.1
    You agree to defend, indemnify, and hold harmless Gyan Shree, its employees, contractors, officers, directors, agents, other affiliated companies and distributors (“Indemnified Parties”) from all liabilities, claims, and expenses, including attorney's fees, relating to or arising out of: (a) your use of, or inability to use, the platform and/or the Services; (b) your violation of these Terms & Conditions; (c) your violation of any applicable laws, rules or regulations or (d) Your violation of any third party rights. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
    18.2

    You agree that the provisions in this section will survive any termination of your account, these Terms & Conditions or your access to the platform.

  19. FEEDBACK

    Gyan Shree encourages you to provide feedback, comments and suggestions for improvements to the Website and services ("Feedback"). Submission of Feedback may be made by emailing us at info@ibcorders.com.

  20. WAIVER

    The failure of Gyan Shree to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms and Conditions will be effective only if in writing and signed by Gyan Shree.

  21. PRIVACY POLICY

    Gyan Shree believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy policy.

  22. GRIEVANCE REDRESSAL

    Gyan Shree makes its best efforts to provide the best quality of Services. However, if any person has any grievance with respect to any aspect / feature of our Website, you may write to info@ibcorders.com. All grievances shall be dealt with as soon as possible.