TERMS AND CONDITIONS OF USE
Our connection/relationship with you is our most valuable asset. We want when you are using our platform and service, you feel free from any insecurity of online business/ transaction. The objectives of those Terms and Conditions of Use (“Terms”) are to tell you of the
terms which apply to your access to the Platform and Services, We are using this platform for business connection and services provided by us.
Further, you would learn about the following:
(a) our policy regarding the changes and updates to those Terms;
(b) description of the Platform and therefore the Services offered by us, our Strategic Partners and
third party service providers;
(d) conditions regarding use of the Platform and therefore the Services;
(f) property rights and ownership of the content on our Platforms and therefore the conditions of use of such content;
(g) Know Your Client (“KYC”) requirements;
(h) our policy regarding the communications and notifications provided by the Platform;
(i) disclaimers, limitation of liability, and indemnification obligations in respect of
Services provided by us; and
(j) legal rights and obligations in case of violation of these Terms by the customer.
These Terms apply to and govern the use of or access to the website www.taxmetrica.com and on its mobile/web applications (hereinafter, collectively referred to as the “Platform”),
by the user (hereinafter, “you”, “your”, or “User”). The Terms shall apply to the User in reference to the relevant Services availed on the Platform.
The Platform is provided by Tax Metrica Advisors LLP
(hereinafter, “Company” “Taxmetrica” or “our” or “we” or “us”), a company incorporated under the LLP Act 2008, having its registered office at V-101, G/f Bhagwati Vihar, Uttam Nagar, New Delhi-59
User and Company are each a “Party” and collectively the “Parties”.
These Terms are an electronic record in terms of the (Indian) Information Technology Act (“IT Act”), 2000 and rules thereunder as applicable and as amended from time to time. The electronic record and content generated by the computing system don’t require any physical or digital signatures. These Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 framed under the IT Act (as amended from time to time), that need publishing the terms of services and practices for access or usage of Platform and Services. These Terms constitute a binding and legally enforceable contract between the corporate and the User.
By registering on or using the Platform or availing of the Services, you agree to be bound by the terms. If you’re using the Platform on behalf of a corporation, you’re agreeing to the Terms on behalf of that organization (in which event, “you”, “your” or “User” will refer to that organization).
You represent that you simply are a minimum of 18 (eighteen) years aged and haven’t been previously suspended or removed by the corporate , or disqualified for the other reason, from availing the Services or using the Platform. In addition, you represent and warrant that you simply have the proper , authority, and capacity to comply with the Terms and to abide by them. You shall present your true self and correct data and records . Additionally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity. In the event of any violation of the Terms, the company reserves the right to suspend or permanently prevent you from availing the Services or using the Platform.
If you do not agree to be bound by these terms, you must not use the Platform. By continuing to use the Platform or the Services provided by us, you expressly agree and undertake to be bound by these terms. Subject to applicable laws, these Terms (and any changes thereto) will be enforced/ applicable on you with retrospective effect on and from the date of your first use of the Platform.
1.3. If you have any comments or questions regarding the Terms, or wish to report any
violation of the Terms, you may contact us at ([email protected]).
1.4 As part of this continuing innovation, you acknowledge and agree that the Company may stop (permanently or temporarily) providing the Platform or Services (or any features within the Services) to you or to users generally at the Company’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not got to specifically inform the corporate once you stop using the Services.
1.5 You acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content which is contained in your account.
1.6 You authorize Tax metirca to add you as a client on the ITD web services to submit ITR and other forms and compliance and services status like 26AS, refund reissue.
1.7. You acknowledge and agree that while the Company may not currently have set a fixed upper limit on the number of ITRs which may be filed through the Services or on the quantity of space for storing used for the supply of any Service, such fixed upper limits could also be set by the corporate at any time, at its own discretion.
1.8. You agree and understand, in order to provide the ITR filing Services, you will need to submit your personal information and financial information.
1.9. In order to prepare your ITR, to file your ITR, to provide advice about tax matters,
and/or to provide an audit defense service (as applicable from time to time), you will need to provide information about your income, deductions, credits, dependents, etc. Collectively, this information is understood as “Tax Return Information”. You agree that any information (including, the Tax Return Information) you give to the Company/ Tax metrica will always be accurate, correct, and up to date.
2.0 If you file ITRs for another individual, you should be doing so with the express consent of that individual after fully understanding the implications of this action. The Company won’t be held responsible if you’re doing this without the knowledge/consent of that person concerned. The Company and Tax metrica will not be liable for any failure by you to obtain the consent of the person concerned, and you
agree to indemnify the Company/ Tax metrica against any claims arising from such person.
2.1 In the case of electronic filing, ITR shall not be deemed to have been filed unless it is successfully uploaded at the return filing Platform of https://incometaxindiaefiling.gov.in. You are advised to cross-check your account at https://incometaxindiaefiling.gov.in to confirm that return has been successfully filed. You acknowledge that you simply are going to be solely liable for verifying that your ITR has been filed and received by the ITD and for taking appropriate alternative actions if necessary. We recommend you print and retain a copy of your ITRs
for your records.
2.2. No Warranty: The Company/ Taxmetrica takes great care in ensuring the correctness of your ITR. There are strong test suites and professionals (internal and third party) who work hard on ensuring the correctness of the Company’s software. However, the Company/Taxmetrica provides no guarantee or warranty on the correctness of your ITR.
You are required to review your ITR for ensuring correctness. You will not hold the
Company/ Taxmetrica is liable or responsible for any issue that arises from incorrect ITR filing. The Company/ Taxmetrica will not be responsible for any errors by the Platform in calculations.
2.3. You agree and acknowledge that we may use external consultants (each of which is a separate and independent legal entity) or subcontractors to provide the Platform and applicable Services. In case we use such consultants, you authorize the Company and taxmetrica to share your information with such consultants for providing you the Services.
2.4. Your use of our Platform and Services is at your sole risk. Subject to applicable laws, the company and Taxmetrica disclaim all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability, satisfactory quality,
fitness for a specific purpose and accuracy of the Platform and services.
2.5. Notwithstanding anything contained in this Terms, you shall defend, indemnify and hold harmless the Company and Taxmetrica (and their affiliates, officers, directors, and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits, and revenue, opportunity costs, expenses (including court costs and reasonable attorneys’ legal fees) in
connection with, arising out of, or in reference to (i) breach or non-compliance of its obligations, consents, grants, undertakings, representations or warranties, and (ii) misrepresentation,
negligence, fraud, willful concealment, and misconduct (iii) misuse of the Services and
A platform for any illegal or unauthorized purposes; (iv) any injuries to persons or damage to property, body, business character, reputation including theft, resulting from the acts or omissions performed by you; (v) any claims by a third party on the Company and Taxmetrica for the acts committed or omitted by the User; (vi) any violation of applicable law.
2.6. By using the Platform and Services, you hereby fully and unconditionally release and completely discharge the Company and Taxmetrica (and their affiliates, officers, directors, and employees) against any claims (howsoever arising) in respect of availing of the Platform and Services.
2.7. GST Suvidha Provider Services
2.7.1. The Goods and Service Tax Network (“GSTN”) has set up the information technology and communications infrastructure system for enabling the implementation of Goods and
Services Tax (“GST System”). The Company is appointed as a GST Suvidha provider
(“GSP”) by GSTN and is authorized by GSTN, to provide GSP services including access to GST APIs (“GSP Services”), to the taxpayers and third parties. The third parties may avail
GSP Services, to develop an application or system to enable the taxpayer to access the GST
System for GST-related activities (“Third-Party Application”).
2.7.2. Accordingly, you agree that you will be subject to the terms and conditions of GSTN in relation to availing or accessing GSP Services through our Platform, You further agree
that GSTN shall have the only right and discretion, with none liability of any nature, by all means (whether manual or automated) to accept/ reject any User’s data from being
transmitted to the GST System from our Platform, including but not limited to, in case of a security breach, data traffic beyond prescribed by GSTN, suspected payload (having a virus and/ or Malware), or transfer of corrupt data or due to any other reasons as mandated by GSTN.
2.7.4. You represent that you are a duly organized and validly existing entity (as applicable) under the laws of India and accordingly have full power and authority to perform your obligations, as could also be required, as per the GSTN terms and conditions and by engaging on the Platform, you’ll not be in contravention of any applicable laws.
2.8.5. In the event You access only GST APIs through our Platform, you agree and undertake that You shall not implement any technology to store any of your client’s data and/or tip of any nature (whether wholly or partially), in our servers or cloud. To the extent that you avail of any other Services aside from the GST API, you expressly consent to us retaining the aforesaid information.
2.8.6. You agree and acknowledge that GSTN may prescribe other standards and
specifications that it’s going to deem necessary, from time to time in its sole judgment in reference to GST services provided by GSTN which shall be binding on you with no objection.
2.8.7. You hereby agree and acknowledge neither the Company nor GSTN shall have any responsibility or liability in relation to the failure of any activity, if such activity may have been initiated by you or your client or by the corporate on your behalf, which has failed or delayed on account of the process of authentication and acceptance of your or your client’s data by the GSTN system or otherwise, including but not limited to failure or delay as a result of, network or connectivity failure, device or application failure, GSTN system’s failure, possible downtime at GSTN System’s end or any other technical or nontechnical error of any nature, whether foreseen or unforeseen at the time of use of the Services.
2.8.8. In case of any additional obligations are imposed by GSTN on the Company pursuant
to its arrangement with the corporate, you agree and acknowledge that the such additional
Obligations shall be binding on you.
2.8.9. You acknowledge that the Company will be maintaining records of all the transactions in relation to the GSTN services provided on its Platform, as required under applicable laws and GSTN authorities will have the right to conduct an audit of your records without any notice.
2.8.10. By agreeing to these Terms, you have provided your express consent and acknowledge that the Company will retain/ store your data and confidential information, of any nature (either wholly or partially), in the Company’s servers or cloud or otherwise in any other medium as may be transmitted/ processed/ passed through the Platform.
2.8.11. You agree that you have put all compliance, certifications, and security systems in
a place so as to make sure secure data transmission by your network to the Platform, with no exposure of breach, theft, or loss of knowledge.
2.8.12. In the event, you access the Platform or avail of GSP services to develop a Third-Party application then you additionally acknowledge and agree:
(a) To complete the risk assessment and ensure implementation of adequate security hygiene, best practices, processes, and technology to stop any breach of security and you shall be solely liable for any liability therefrom.
(b) That any breach of security arising out of events such as hacking shall not be considered as a force majeure event.
(c) That you do not integrate with the GST System directly.
(d) To inform the end-user, about data privacy, encryption, authorization features provided by GSTN, and your compliance with those features.
(h) That you shall maintain all audit and transaction logs that are processed through your Third-Party Application.
2.9. You agree and acknowledge that you:
(a) Will not use the Platform for any unauthorized activities such as (i) activities punishable under Sections 43 and 45 IT Act (such as web scraping, altering source code, hacking, introducing viruses, etc.), (ii) activities prohibited under any laws effective, and/or (iii) any activity which contravenes access controls/ service use limits set by GSTN on the GST portal and/or any security feature developed by GSTN, and/or (iv) any activity which is contrary to any other policies of the GST portal; and
(b) shall not, at any time, by using the Services on the Platform:
(i) Imply or state any affiliation with or endorsement of GSTN without the direct and express consent of such organization (e.g., representing oneself as an accredited GSTN associate).
(ii) Manipulate identifiers in order to disguise the origin of any message or post transmitted through the GST portal.
(iii) Monitor the GST portal’s availability, performance, or functionality for any competitive purposes.
(iv) Overlay or otherwise modify the GST portal or its appearance.
(v) Remove or cover or obscure any advertisement included on the GST portal.
(vi) Rent, leasing, loaning, trading, selling/reselling access to the GST portal or related data of GST portal.
(vii) Selling, sponsoring, or otherwise monetizing any GST portal service or feature without GSTN’s direct and express consent.
(viii) Solicit or collect email addresses or other personal information of GST portal users or GSTN users in any manner.
(ix) Use, disclose or distribute any data obtained in violation of those Terms or the GSTN policies.
3.1. To avail of the Services, you will have to provide us with necessary details including but not limited to your name, mother’s name, father’s name, date of birth, gender, Permanent Account Number (“PAN”), signature, marital status, nominee details, canceled cheque, photograph and video recording, email id, phone number, educational or professional qualification, business name, business address, nature of business, Goods, and Service Tax Identification Number (“GSTN”), Tax Deduction and Collection Account Number (“TAN”), bank account details, Unified Payment Interface (“UPI”) ID, and/or other payment-related details, etc.
3.2. You agree to provide the above-stated information or such other information as may be necessary or required by us to provide the Services, at the time of signup or at any subsequent stage. You may prefer to provide us with an alternate KYC proof.
3.3. You warrant to supply true, accurate, current, and complete information about yourself and you comply with not misrepresent your identity or your account information. You agree to keep your account up to date and correct.
3.4. If you upload information concerning any third parties, you ought to make sure that any such information is uploaded only after obtaining express written consent from them for using their information on the Platform. Further, you should ensure that express written consent from such persons is obtained to receive communications from the Company regarding information about us and the Services; promotional offers and services from us and our third-party service providers and Strategic Partners, and the other matter in reference to the Services. If such third parties fail to provide written consent. You will be solely liable for obtaining such consent from third parties and that we assume that such consent is sought and received by you if you provide such information relating to any of such third parties at any time during the use of the Platform.
3.5. You agree to immediately notify us in writing at [[email protected]] of any disclosure or unauthorized use of your profile or any other breach of security with respect to your profile.
4.1. You comply with use the Platform just for lawful purposes, for which you’re responsible, liable for, and in charge of all activities that happen through your use of the Platform or availing the Services. We exclude any liability arising out of the use of the Platform.
4.2. You understand, accept, and agree that the payment facility provided by us is neither a banking nor financial service but we merely act as a facilitator providing an electronic payment option, automated online electronic payment option, for the transactions on The platform using the existing authorized banking infrastructure and the payment gateway/payment aggregator networks. Further, by providing a payment facility, we are neither acting as trustees nor acting during a fiduciary capacity with reference to the transaction.
4.3. Service Level Terms: we’ll use commercially reasonable efforts to supply you with the Platform. We will provide you with reasonable technical support services in accordance with our standard practices. We do not make any commitment that the Platform will be available at all times or during any downtime (a) caused by outages to any public Internet backbones, networks, or servers, (b) caused by any failures of your equipment, systems, or local access
services, (c) for previously care, (d) caused by any third-party vendor or service provider of the Company, (e) caused by any failure of systems or servers of any third party including that of the government and its authorities and/or financial institutions such as asset management companies or any financial intermediaries, (f) attributable to events such
as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor
conditions, earthquakes, natural disasters, hacking, phishing, or interruptions in Internet
services to an area where the Company or its servers are located or co-located, or (g) required pursuant to instructions received by us from any governmental or
4.4. Updates: From time to time, we may provide upgrades, patches, enhancements, or fixes for the Platform to you generally without additional charge and such updates will become a part of the Platform and subject to the Terms. Notwithstanding the foregoing, we shall haven’t any obligation under these Terms or otherwise to supply any such updates. You understand that the Company may cease supporting old versions or releases of the Platform at any time at its sole discretion.
4.5. By accessing or using the Platform or by availing Services, you agree not to:
4.5.1. host, display, upload, modify, publish, transmit, update or share any information (if given the functionality to try to do so on the Platforms) that:
(a) belongs to another person and to which the user does not have any right;
(b) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
(c) is harmful to minors;
(d) infringes any patent, trademark, copyright, or other proprietary rights
(e) violates any law for the nonce in force;
(f) deceives or misleads the addressee about the origin of the message or knowingly and
intentionally communicates any information which is patently false or misleading in nature
but may reasonably be perceived as a fact;
(g) Impersonates another person;
(h) 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 offense or prevents investigation of any offense or is insulting any foreign states;
(i) contains a software virus or the other code, file, or program designed to interrupt, destroy or limit the functionality of any computer resource;
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass an individual, entity, or agency for gain or to cause any injury to any person.
4.5.2. violate the Terms or any law for the time being in force;
4.5.3. Conduct or forward surveys, contests, pyramid schemes, or chain letters involving the Services;
4.5.4. Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of data transmitted via the Services, perform the other similar fraudulent activity.
4.5.5. Infringe our or any third party’s patent, trademark, copyright, or other property rights, proprietary rights, rights of publicity, or privacy;
4.5.6. use the Services if you’re under the age of 18 (eighteen) years;
4.5.7. post or transmit any message (if given the functionality to try to do so on the Platforms) which discloses private or personal business concerning a person or, is grossly harmful, harassing, hateful, and/or disparaging;
4.5.8. post or transmit (if given the functionality to try to do so on the Platforms) any message, data, image, or program which is blasphemous, vulgar, or offensive in nature;
4.5.9. refuse to cooperate in an investigation or provide confirmation of your identity or any other information provided by you to us;
4.5.10. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Platform and Services or features that enforce limitations on the utilization of the Services or the Platform;
4.5.11. reverse engineer, decompile, disassemble, or otherwise plan to discover the ASCII text file of as regards Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
4.5.12. use the Services or the Platform in any manner that would damage, disable,
overburden, or impair it, including, without limitation,
4.5.13. sing the Services or the Platform in an automated manner;
4.5.14. modify, adapt, translate or create derivative works based upon the Services and Platform or any part thereof, except and only to the extent that this is permissible by applicable law;
4.5.15. intentionally interfere with or damage operation of the Services or the Platform or the other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file/program with contaminating or destructive features or which are designed to interrupt, destroy or limit the functionality of any computer resource;
4.5.16. use any robot, spider, another automatic device, or manual process to monitor or copy the Platform without prior written permission;
4.5.17. take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
4.5.18. use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any criminality or other activity which infringes the rights of others;
4.5.19. use the Platform to gather or obtain personal information, including without limitation, financial information, about other users of the Platform, except and only as expressly provided within the Terms;
4.5.20. use the Services during a manner that leads to or may end in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to us, a 3rd party, or you.
5.1. While we use commercially reasonable efforts to facilitate provisions of the information including the filing status of your tax returns, information on compliance deadlines for filing various tax returns and other statutory forms, the status of your investments, etc on the Platform, we aren’t liable for any errors or omissions, or for the results obtained from the utilization of or reliance on this information. Specifically, certain links in the Platform may connect to other websites maintained by third parties over which we have no control. If you access such links, our use of third-party websites will be governed by the policies of such websites. We encourage you to review the terms and policies of such websites.
5.2. Any information including the status of filing of returns, information on compliance deadlines for filing various tax returns, and other statutory forms; relevant tax-related news made available through the Platform is for general guidance on matters of interest only. In particular, the impact of laws and regulations can vary widely based on the specific facts involved. Given the changing nature of laws, rules, and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in such information. Accordingly, the knowledge provided through or in reference to this Platform is so through with the understanding that we aren’t herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it shouldn’t be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisers. Before making any decision or taking any action, you ought to consult a knowledgeable advisor. You acknowledge that the provision of the Platform or Services does not constitute the provision of any specific advice nor any other professional services or advice of any kind (including any tax services). Any use of the Platform or Services (including reliance on any of the
contents therein) is at your sole risk.
5.3. While we use reasonable efforts to facilitate the knowledge made available through the Platform is being obtained from reliable sources, we are not responsible for any errors or
omissions, or for the results obtained from the utilization of or reliance on this information.
5.4. We don’t make any representations of the accuracy or the other aspect of data contained in other websites. All information made available through the Platform is provided “AS IS”, with no guarantee, representation, or commitment of completeness,
accuracy, timeliness, or of the results obtained from the utilization of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
6.1.We own the rights to the design, compilation, and look and feel of our Platform. It also includes rights altogether copyrighted works, trademarks, designs, inventions, and other property. Subject to compliance with these Terms, we grant you nonexclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited access to use the Platform and the Services in accordance with these Terms.
6.2. You agree to not copy, distribute, modify or make derivative works of any of our
content or use any of our intellectual property rights in any way not expressly permitted by us
6.3. We may provide you with a summary of the news or information that is already available in the public domain. Further, we may provide you an electronic link to the first source of such news or information. Upon clicking the electronic link, you’ll be directed to the website of a 3rd party that has published that news or information. We do not own any intellectual property rights in the information published by such a third party.
6.5. Data loss: Data loss is an unavoidable risk when using any technology. You are
responsible for maintaining copies of your data entered into the Platform or for availing the
6.6. No compensation: Whatever the cause of any downtime, access issues, or data loss, your only recourse is to discontinue using the Platform or the Services.
7.1. You agree and supply your express consent to supply certain information and documents which will be necessary to determine your eligibility to use the Platform or avail the Services including but not limited to your KYC Documents to us, to entities for whom we act as a technology facilitator and Platform provider including but not limited to Right Horizons and Taxmetrica, to online payment gateways, operators and aggregators, and, or to our affiliates to use, copy, transmit, process, store, share, analyze, make derivations, and back-up such KYC Documents and information. For the aim of those Terms, ‘KYC Documents’ shall mean to incorporate mobile number, mother’s name, father’s name, email address,
password, date of birth, gender, PAN, signature, marital status, nominee details, canceled cheque, photograph, and video recording, etc. and other information which may be sought either during Signup or at any stage later. You agree and warrant to supply valid, true, complete, and up-to
date KYC Documents. You acknowledge and agree that any incorrect or misleading information provided shall constitute a material breach of these Terms.
7.2. We may use your personal data and so as to supply services to you. You are personal information and KYC documents may be processed by or transferred or disclosed to and/or by third parties like AMC’s, RTA’s (Registrar and Transfer agents), KYC Registration Agency (“KRA”), payment gateways, statutory bodies, or agencies, or third-party service providers & Strategic Partners, etc.
8.1. You agree to receive communications from the Company regarding (i) information relating to the use of the Platform or Services; (ii) information about the Company and the Services; (iii) promotional offers and services from the Company and its Strategic Partners and third-party partners, and (iv) any other matter in relation to the Services. In case you access the Platform on behalf of a 3rd party (after obtaining their prior consent), you acknowledge and agree that we are permitted to send any or all of the above communications to your customers or other third parties whose information you have made available on the Platform.
8.2. We may send alerts to the mobile phone numbers provided by you, either of yourself or your customers or any third parties, via email, SMS, WhatsApp messages or push notifications, or any other means. If your mobile number is registered in the Do Not Disturb (“DND”) list of the Telecom Regulatory Authority of India, you may not receive SMS from us. In such a case, you will be responsible for taking all steps to deregister from the DND list and will not hold
us liable for non-receipt of SMS.
8.3. We shall not be under any obligation to verify the authenticity of the person(s) receiving the alert. You cannot hold the Company liable for the non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
8.4. The SMS/email alert/push notification service provided by us is an additional facility provided for your convenience and that may be susceptible to error, omission, and/or inaccuracy. You shall not hold the corporate responsible for any loss, damages, claim, expense including legal cost which will be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
8.5. The clarity, readability, accuracy, and promptness of providing the SMS/e-mail alert/push notification service depend upon many factors including the infrastructure and connectivity of the network service provider. We shall not be responsible for any non-delivery, delayed delivery, or distortion of the alert in any way whatsoever.
8.6. You understand that the Company cannot and does not guarantee or warrant that files available for download through the Platform will be free of viruses, worms, or other code that may be damaging. You are liable for implementing procedures to satisfy your particular requirements of internet security and for the accuracy of knowledge input and output.
9.1. Our Platform includes products and services made available by third-party service providers. These third-party service providers may have additional terms that apply to you. You agree to be bound by such other additional terms. Third-party products and services are subject to terms and conditions and privacy policies set by their providers. These include how the provider will use the data that you make available to them. The descriptions of third-party products and services that we publish, and any associated links, are provided to us by the providers. The providers are solely liable for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products or services.
9.2. We make no representations and hereby expressly exclude all warranties and liabilities arising out of or pertaining to such third party services, including their accuracy or completenessFurther, all intellectual property rights in and to third-party services are the property of the respective third parties.
11.1. We are a technology Platform service provider. We aren’t and can not be liable for any claim or for any damages suffered, whether by you, the third parties of the Users whose information is recorded on the Platform, or any other person or party, that are related, directly or indirectly, to or arising out of the same including any payments made by you or by any third parties of the User using the payment link generated using the Platform.
11.2. Your use of the platform and therefore the services is at your sole risk. The platform, the services are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these terms, the company, its strategic partners, and their respective officers, directors, employees, agents, and other representatives, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a specific purpose and non-infringement. Without limiting the generality of the foregoing, the corporate makes no warranty that: (i) the platform or the services will meet your requirements; (ii) the platform or the services will be uninterrupted, timely, secure, or error-free; (iii) information which will be obtained via the platform or the services are going to be accurate or reliable; (iv) the standard of any and all products, services, information or other material, including all merchandise, goods, and services, obtained or purchased by you directly or indirectly through the platform or the websites will meet your expectations or needs; and (v) any errors in the platform or the websites will be corrected.
11.3. You acknowledge and agree that certain Services provided on the Platform are further dependent on the functioning of the technology infrastructure of various third parties including that of the government agencies and, or statutory authorities. You agree that the corporate shall not be liable or liable for any discrepancy within the Services due to delay or failure of any activity by any such third parties including but not limited to delay or failure by government agencies and, or statutory authorities like Goods and Services Tax Network, National Informatics Centre, tax Department. The delay or failure may be as a result of, network or connectivity failure, device or application failure, GST’s System’s failure, possible downtime at GST System’s end, or any other technical or non-technical error of any nature, whether foreseen or unforeseen.
We shall not under any circumstances be responsible for any damages of any kind arising out of, in reference to , or concerning the utilization of or inability to use the platform, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the platform or the services; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the platform; (v) for any disputes between users of the platform or the services, or between a user of the platform or the services and a third party; or (vi) for any other matter relating to the platform or the services, or any third party. This is a comprehensive limitation of liability that applies to all or any damages of any kind, including any direct, indirect, special, incidental, or consequential damages, whether a supported breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises us of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the idea of the discount between the corporate and you. The products, information, and services offered on and thru the platform or the services wouldn’t be provided to you without such limitations.
13.1. Notwithstanding anything contained in this Agreement, you agree to defend, indemnify and hold harmless the Company (and its affiliates, officers, directors, and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits, and revenue, opportunity costs, expenses (including court costs and reasonable attorneys’ legal fees) in connection with,
arising out of, or in relation to (i) breach or non-compliance of its obligations, consents, grants, undertakings, epresentations, or warranties under these Terms, and (ii) misrepresentation, negligence, fraud, willful concealment and misconduct (iii) misuse of the Services and Platform for any illegal or unauthorized purposes; (iv) any injuries to persons or damage to property, body, business character, reputation includingtheft, resulting from your acts or omissions; (v) any claims by a third party on Company for
the acts committed or omitted by you; and (vi) any violation of applicable law.
13.2. You agree that any violation by you will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/ or its Strategic Partners and third-party service providers, as the case may be, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are added to the other remedies that the corporate may have at law or in equity. If the corporate takes any action against you as a result of your violation of those Terms, they’re going to be entitled to get over you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, additionally to the other relief which will be granted.
14.1. Notice: All notices, requests, demands, approvals, requests for approvals, or other communications under the Terms shall be in writing. Notice is going to be sufficiently given for all purposes as follows: (i) upon delivery when personally delivered to the recipient, (ii) upon receipt when mailed by certified mail (iii) upon delivery when delivered by recognized international overnight courier, and (iv) upon receipt when sent by fax with confirmation.
14.2. Merger/Modification: Each Party acknowledges that it’s read the Terms, it understands it, and agrees to be bound by its terms, and further agrees that this is often the entire and exclusive statement of the Terms between the Parties, which supersedes and merges all prior proposals, understandings, and everyone other agreements, oral and written,
between the Parties relating to the Terms.
14.3. Governing Law and Jurisdiction: These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions during this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of those Terms or the utilization of the Services. Any controversies, conflicts, disputes, or differences arising out of those Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not confide in a person, aside from on a need-to basis or to legal advisors unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
14.6. Severability: If any provision of the Terms is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted and all other terms and provisions of the Terms shall nevertheless remain full force and effect goodbye because the economic or legal the substance of the transactions contemplated hereby isn’t affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the Parties shall negotiate in straightness to switch the Terms so as to effectuate the first intent of the Parties as closely as possible in a suitable manner so as that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.
14.7. Waiver: A waiver by either party of any terms or conditions of the Terms in any instance shall not be deemed or construed to be a waiver of such term or condition for the long term or of any subsequent breach thereof. All remedies, rights, undertakings, obligations, and agreements contained within the Terms shall be cumulative, and none of them shall be in limitation of the other remedy, right, undertaking, obligation, or agreement of either Party.
14.8. Relationship of Parties: The Parties aren’t employees, agents, partners, or joint venturers of every other. You shall not have the right to enter into any agreement on behalf of the Company.
14.9. Entire Terms: The entire understanding between the Parties hereto relating to the subject matter hereof is contained herein and the Parties make no warranties, representations, or undertakings hereto except as expressly provided herein.
14.10. Assignment: Notwithstanding anything contained herein, you agree and covenant that the corporate may, at its sole discretion, be entitled to assign its rights and obligations under this Terms to any of its affiliates or to any entity, and in such case, such affiliate or entity shall be entitled to enforce these Terms.
14.11. Survival: Notwithstanding any termination, cancellation, or expiration of the Terms, the provisions hereof that are intended to continue and survive, shall continue and survive.
14.12. Expenses: Except as otherwise laid out in the Terms, all costs and expenses, including fees and disbursements of counsel, financial advisors, and accountants, incurred in reference to the Terms and the transactions contemplated in the Terms shall be paid by
the Party incurring such costs and expenses.
14.14. Maintenance of Records: You shall maintain the records independently of the Platform (by the way of physical copies et cetera) and the Company reserves the right to seek copies of such records for his or her own use including record keeping. You acknowledge and agree that Company shall have the proper to retain your information for as long because it deems fit and to be in compliance with applicable provisions of the law.
14.15. Fees: The Company reserves the right to charge a fee for the Services and non-payment may result in denial of Services.
15.1. To use the services of the online payment gateway/ payment aggregator service provider, the User shall disclose the exact business category and/or the business sub-category for which it will be using the payment gateway/payment aggregator services. If the User uses the payment gateway/payment aggregator services for the other purpose, the User understands and acknowledges that it shall notify the payment gateway/ payment aggregator service provider and the Company in writing of such change and such change shall be subject to the approval of the payment gateway/ payment aggregator service provider who may include other terms and conditions as it may deem fit.
15.2. In the event You are using any of the Services on the Platform, you agree to provide the Company, as and when necessary, the KYC Documents and other documents requested, including Aadhar card, shops, and establishments certificate, utility bills, registrations with tax authorities, memorandum of association, certificate of incorporation, PAN, partnership deed, powers of attorney, etc., and/or any other documents as required under the guidelines, rules and/or regulations issued by the Reserve Bank of India, National Payments Corporation of India and any other regulatory authorities set up under any applicable laws (“Regulatory Authorities”). The User also expressly consents to the Company forwarding such documents to the payment gateway/ payment aggregator service provider or Regulatory Authorities.
15.3. The User shall indemnify the Company from and against all losses and damages suspicion in case User engages in any fraudulent, illegal, or doubtful payment transactions, online selling of banned items under applicable laws, such as:
(a) Adult goods and services which includes pornography and other sexually suggestive
(b) materials (including literature, imagery, and other media); escort or prostitution services;
(c) Body parts which include organs or other body parts;
(d) Child pornography which includes pornographic materials involving minors;
(e) Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection;
(f) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials; Copyright infringing merchandise;
(g) Copyrighted software which includes unauthorized copies of the software, video games, and other licensed or protected materials, including OEM or bundled software
(h) Products labeled as “tester,” “not for retail sale,” or “not intended for resale”;
(i) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized
(j) Products that have been altered to change the product’s performance, safety specifications, or indications of use;
(k) Drugs and drug paraphernalia which includes hallucinogenic substances, illegal drugs, and drug accessories, including herbal drugs like salvia and magic mushrooms;
(l) Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
(m) Endangered species which includes plants, animals, or other organisms (including product derivatives) in danger of extinction;
(n) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
(o) Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
(p) Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
(q) Offensive goods which include literature, products, or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin,
religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
(r) Offensive goods, a crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
(s) Pyrotechnic devices (apart from the ones mentioned in the Restricted category), hazardous materials and radioactive materials and substances;
(t) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
(u) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local, or international including the laws of India;
(v) Merchant who deals in websites depicting violence and extreme sexual violence; or Bestiality.
15.4. The User acknowledges the Company and the payment gateway/ payment aggregator service provider reserves the right to limit or restrict any transaction size, amount, and/or monthly volume at any time. For the purpose of clarity, such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases that may be charged on the User’s account during any time period, rejection of payment in respect to transactions with a prior history of questionable charges, the unusual monetary value of the transaction, etc. Further, as a security measure, the Company and/ or the payment gateway/ payment aggregator service provider may at its sole discretion block any account numbers or transactions from any specific blocked or blacklisted accounts, group of internet protocol addresses, devices, geographic locations, and/or any such risk mitigation measures it wishes to undertake.
15.5. The User hereby agrees and acknowledges that the User shall be solely responsible and liable to pay all relevant taxes pursuant to usage of the payment gateway/ payment aggregator services.
15.6. Notwithstanding anything contained in these Terms, the User hereby irrevocably and unconditionally confirms and agree that that the payment gateway/ payment aggregator service provider and Regulatory Authorities reserve the right to reject payments with reference to any transaction for reasons including but not limited to unlawful, unenforceable, doubtful or erroneous transactions, chargebacks, refund, fraud, suspicious activities, authentication and authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, transaction-related issues, issues in relation to where the transactions were not made in accordance with the requirements of payment gateway/ payment aggregator service provider and/ or the Regulatory Authorities.
15.7. The User agrees to comply with all applicable rules, guidelines, instructions, requests, and actions, etc. made by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities. The User further acknowledges that the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities can also put limitations and restrictions on the User, at its sole discretion from time to time. In addition, the payment gateway/ payment aggregator service provider and therefore the Company has the proper to reverse/reject payments, suspend and/or terminate services, make inspections or inquiries in reference to the transaction, etc. In the event any fines, penalties, or other amounts are levied by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities on the Company, then without prejudice to Company’s other rights under the law, the User shall forthwith reimburse the Company an amount equal to the fines, penalties or another amount so
levied or demanded.
15.8. The User agrees and expressly consents to supply the corporate any documentary evidence as could also be required in reference to any disputes concerning rejection/ termination of transactions included any explanatory statements in support of such disputes.
15.9. The User expressly consents and agrees to (a) the corporate maintaining records in reference to the User’s transactions; and (b) maintaining records by itself in reference to the User’s transactions, for the purposes of inspection by the payment gateway/ payment aggregator service provider, and/or the Regulatory Authorities.
15.10. The User agrees to indemnify the corporate in respect of any claims, disputes,
penalties, costs, and expenses arising directly or indirectly in reference to refunds or
chargebacks for all payment transactions initiated by the User on the Platform. In event of
rejection of any payment by any payment gateway/ payment aggregator service provider and/or Regulatory Authorities and the Company shall be not responsible to collect the payment
from such payment gateway/ payment aggregator service provider or bank directly and in any case, shall also not have any responsibility or liability in this regard.
15.11. The Users agree to comply with the KYC rules and regulations set out by the Regulatory Authorities and shall comply with the provisions of anti-money laundering laws, anti-bribery, and anticorruption adopted by India, United States of America, Office of Assets of Control, United Kingdom, and United Nations.
15.12. The User agrees and understands that the Company and the online payment gateway the service provider reserves the right to suspend the Payment gateway/payment aggregator services to the User until such time that the User doesn’t discontinue selling such banned/illegal products or doesn’t conform to all or any applicable laws and regulations effective from time to time.
The terms that began during this Section apply additionally to the Terms contained in Clauses 1 to fifteen if the User opts for the purchase and redemption of monetary products.