Terms of Use

1.1 Overview

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and New Company Alert (“we,” “us,” or “our”), governing your access to and use of New Company Alert's website, mobile applications, and the suite of services we provide, including but not limited to:

• Business services facilitated through our network of partner Chartered Accountants (CAs) and Company Secretaries (CSs), such as company incorporation and annual compliance;
• Data services, including single and bulk unlocks providing contact information of company directors, and delivery of daily alerts with data on newly registered companies;
• Public documents services, offering automated access to Ministry of Corporate Affairs (MCA) V2 and V3 portal documents, financial statements, LLP filings, GST filings, and compliance data, sold on a per-company basis.

By accessing or using any part of the Services, you expressly agree to be bound by these Terms, our Privacy Policy, and any other relevant policies incorporated herein by reference.

1.2 Acceptance of Terms

Your use of the Services signifies your acknowledgment that you have read, understood, and consented to comply with these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of the Services.

1.3 Modification of Terms

New Company Alert reserves the right to amend, modify, or update these Terms at any time and without prior notice. Material changes shall be communicated to Users via conspicuous notice on the Services or by direct communication where feasible. Continued use of the Services following notification of such changes constitutes your acceptance of the updated Terms.

3.1 User Eligibility

The Services are intended solely for individuals or entities who are legally competent to enter into binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you:

• Are at least eighteen (18) years of age or have reached the age of majority in your jurisdiction;
• Have the legal capacity and authority to enter into and be bound by these Terms;
• Are not prohibited or restricted by any applicable law, regulation, or order from using the Services; and
• If accessing Business Services through New Company Alert's platform, acknowledge that such services are provided exclusively by our registered partners (such as Chartered Accountants and Company Secretaries), and you will engage with such partners in accordance with applicable professional and regulatory standards.

3.2 Account Registration

Certain features or services, including access to Data Services like single and bulk unlocks or new company alerts, require you to register or create an account with New Company Alert. When registering, you agree to provide true, accurate, current, and complete information about yourself as required, and to maintain and promptly update this information to keep it accurate and complete. New Company Alert reserves the right, at its sole discretion, to refuse registration, terminate accounts, or restrict access to the Services where eligibility criteria are not met, information provided is false or misleading, or for any violation of these Terms.

4.1 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, and any multi-factor authentication methods. You agree to immediately notify New Company Alert of any unauthorized use, suspected breach, or loss of your account information. New Company Alert shall not be liable for any damages or losses arising from your failure to safeguard your account.

4.2 User Responsibilities

You shall not share your account credentials or permit others to access or use your account. You agree to use your account solely in compliance with applicable laws, these Terms, and any applicable professional standards when accessing Business Services via New Company Alert's partner network. You are responsible for all activities conducted under your account.

4.3 Account Termination

New Company Alert reserves the right to suspend, restrict, or terminate your account and access to the Services at its sole discretion, including but not limited to instances of:

• Violation of these Terms;
• Fraudulent, abusive, or unlawful conduct;
• Non-payment of fees for paid services;
• Prolonged inactivity or security concerns.

Upon termination or suspension, your right to access the Services will cease immediately.

5.1 Permitted Use

You agree to use the Services solely for lawful purposes and in accordance with these Terms. You shall not use the Services to:

• Violate any applicable laws, regulations, or third-party rights;
• Engage in any fraudulent, deceptive, or unlawful conduct;
• Transmit any material that is defamatory, obscene, offensive, or otherwise objectionable;
• Interfere with or disrupt the integrity, availability, or performance of the Services, including automated data downloads or extraction processes;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.

5.2 Prohibited Conduct

You shall not:

• Use automated means, such as bots, scrapers, or crawlers, to extract data from New Company Alert's platform or its MCA document download processes without prior written authorization;
• Reproduce, duplicate, copy, sell, trade, resell, sublicense, or otherwise commercially exploit any portion of the Services, including director contact information, compliance data, or public documents, without express authorization;
• Use the Services to transmit viruses, malware, or other harmful code;
• Engage in any conduct that could harm New Company Alert, its users, partners (such as CA/CS professionals), or third parties.

5.3 Intellectual Property Rights

All content, trademarks, logos, software, databases, and materials provided through the Services, including data extracted from MCA portals, GST filings, and compliance information, are owned by or licensed to New Company Alert and protected by applicable intellectual property laws. Your use of the Services does not grant you any ownership rights in such materials.

5.4 User Content

If you submit or post any content through the Services (such as reviews, feedback, or communications), you grant New Company Alert a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for purposes of operating, promoting, and improving the Services.

6.1 Service Availability

New Company Alert strives to ensure continuous availability of the Services, including access to data services such as single and bulk unlocks, automated MCA V2/V3 document downloads, GST filings, and business service coordination via partner CAs and CSs. However, New Company Alert does not guarantee uninterrupted or error-free access. Access may be suspended, restricted, or temporarily unavailable due to scheduled maintenance, technical upgrades, system failures, MCA portal outages, third-party service disruptions, or other events beyond New Company Alert's reasonable control.

6.2 Third-Party Links and Services

The Services may contain links to third-party websites, including government portals like MCA and GST, or partner platforms. New Company Alert does not own, control, or endorse these third-party sites and is not responsible for their availability, content, policies, or practices. Your use of third-party sites is subject to their own terms and privacy policies.

7.1 Source of Data

New Company Alert sources its data from official government repositories including, but not limited to, the Ministry of Corporate Affairs (“MCA”) V2 and V3 portals, Goods and Services Tax (GST) portal via authorized GST Suvidha Providers (GSPs), and other authorized third-party providers. While New Company Alert endeavors to ensure that all data is accurate and as current as possible, it does not guarantee the completeness, accuracy, or timeliness of such data due to dependencies on third-party sources and technical limitations.

7.2 No Warranty on Accuracy

The Services are provided “as is,” without warranties, express or implied, including but not limited to warranties of accuracy, reliability, completeness, or fitness for any particular purpose. New Company Alert expressly disclaims any liability for any errors, omissions, inaccuracies, or delays in updating data arising from the original sources or technical constraints.

7.3 User Responsibility for Verification

You acknowledge and agree that all information obtained through the Services should be independently verified before use in any legal, financial, or business decisions. New Company Alert shall not be held responsible or liable for any damages, losses, or consequences resulting from reliance on inaccurate, incomplete, or outdated information.

8.1 Fees and Charges

Certain Services or features offered by New Company Alert, including but not limited to Data Services such as single and bulk unlocks, new company alerts, and Public Documents downloads, may require payment of fees as specified on New Company Alert's platform. All fees are exclusive of applicable taxes unless otherwise stated. New Company Alert reserves the right to modify fees or introduce new charges upon providing prior notice through the platform or other communication channels.

8.2 Payment Methods

Payments for paid Services shall be made via authorized payment gateways or methods offered on New Company Alert's platform. You agree to provide accurate, complete, and current payment information and authorize New Company Alert to charge the applicable fees in accordance with your selections.

8.3 Refunds

Refunds, if any, shall be governed exclusively by New Company Alert's separate Refund Policy. Users are encouraged to review the Refund Policy carefully before purchasing any paid Services. Any payment disputes, refund requests, or chargebacks must be handled in accordance with the Refund Policy.

8.4 Suspension for Non-Payment

New Company Alert reserves the right to suspend, restrict, or terminate access to paid Services, including data unlocks and document downloads, for users who fail to make timely payments in accordance with these Terms.

9.1 Ownership

All content, materials, trademarks, logos, software, databases, and other intellectual property rights (“IPR”) accessible through the Services — including but not limited to director contact information, MCA and GST data extracts, compliance tables, business alerts, and document downloads — are owned by or licensed to New Company Alert and protected under applicable intellectual property laws.

9.2 License Grant to Users

Subject to your full compliance with these Terms, New Company Alert grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal or internal business purposes and in accordance with these Terms.

9.3 Restrictions

You shall not, without New Company Alert's prior written consent:

• Reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Services or content, including director contact data and MCA documents;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying technology of New Company Alert's software or automated extraction tools;
• Remove, alter, or obscure any proprietary notices, trademarks, or labels included in the Services;
• Use the Services in any manner that infringes upon third-party rights or violates applicable laws or regulations.

10.1 Reference to Privacy Policy

Your use of the Services is also governed by New Company Alert's Privacy Policy, which outlines how we collect, use, process, and protect your Personal Data. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

10.2 User Consent for Data Processing

By accessing or using the Services, you expressly consent to the collection, use, and processing of your Personal Data in accordance with the Privacy Policy and applicable laws.

10.3 Compliance with Laws

New Company Alert undertakes to comply with all applicable data protection laws, including the Digital Personal Data Protection Act, 2023, and related regulations. We implement appropriate technical and organizational measures to safeguard your Personal Data.

11.1 No Warranty

The Services, including access to corporate data, director contact information, public documents, and partner-facilitated business services, are provided on an “as is” and “as available” basis. New Company Alert expressly disclaims all warranties, whether express or implied, including but not limited to warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement.

11.2 Limitation of Liability

To the fullest extent permitted by applicable law, New Company Alert, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or business interruption, arising from or related to your use of or inability to use the Services, including any errors or delays in the data provided or any disruption of business services.

11.3 Indemnification

You agree to indemnify, defend, and hold harmless New Company Alert and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, violation of applicable laws, or misuse of the Services.

12.1 Grounds for Termination

New Company Alert reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Services, including your user account, without prior notice or liability, for any reason including but not limited to:

• Violation of these Terms, Privacy Policy, or any applicable laws and regulations;
• Fraudulent, abusive, or harmful conduct affecting New Company Alert, its partners (including CA/CS professionals), users, or third parties;
• Failure to pay fees or breach of any payment obligations for paid Services;
• Security concerns, including suspected unauthorized access or threats to the integrity and availability of the Services;
• Prolonged inactivity or other reasons New Company Alert deems necessary to maintain service quality and compliance.

12.2 Effects of Termination

Upon suspension or termination, your right to access and use the Services shall immediately cease. New Company Alert may, in accordance with applicable laws and its data retention policies, delete, archive, or restrict access to your account and any related data. Termination shall not relieve you of any obligations, liabilities, or fees accrued prior to termination, nor limit New Company Alert's rights or remedies under law or contract.

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts located in India shall have exclusive jurisdiction to adjudicate any disputes arising out of or relating to these Terms or your use of the Services.

13.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter amicably through good faith negotiations within a reasonable period.

13.3 Arbitration/Mediation

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration or mediation pursuant to the Arbitration and Conciliation Act, 1996 or any successor legislation. The arbitration or mediation proceedings shall be conducted in English, and any arbitral award or settlement agreement shall be final, binding, and enforceable on the parties.

14.1 Force Majeure

New Company Alert shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, terrorism, strikes, or technical failures.

14.2 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and New Company Alert regarding your use of the Services, superseding all prior agreements or understandings.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

14.4 Waiver

No waiver of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of New Company Alert.

14.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from New Company Alert. New Company Alert may assign or transfer its rights and obligations at its discretion without notice to you.