Taxmantra.com Web Site Agreement
The website “taxmantra.com” is an online information and service provider. taxmantra.com is a unit of TM SOLUTIONS PRIVATE LIMITED (TMSPL). The information and services provided by http://taxmantra.com (the “Site”), can be used subject to your compliance of the terms and conditions set forth below. Please read this document carefully before accessing or using the site. by accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. taxmantra.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Trademark, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TM SOLUTIONS PRIVATE LIMITED (TMSPL), its affiliates or other third party licensors. You shall not modify copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of the material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to taxmantra.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as Articles, views, latest updates, forums and newsgroups) or by e-mail to taxmantra.com by all means and in any media now known or hereafter developed. You also grant to taxmantra.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against taxmantra.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to taxmantra.com. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of taxmantra.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
The material contained on this site and on the associated web pages on the taxmantra.com website is general information only and is not intended to take the place of professional advice on any particular matter. The user of the taxmantra.com website is advised to either seek appropriate professional help or cross-check all the facts, laws and material as may be referred to in the content on this website with original government / statutory publications or notifications and the like before acting on the basis of any information contained herein. taxmantra.com has made appropriate efforts to avoid errors or omissions in the content of this website. The user of this website acknowledges that some errors or omissions may be inherent in the content of the website, which cannot be prevented. Any mistake, error or discrepancy noted may be brought to our attention and appropriate efforts shall be undertaken to rectify the same. taxmantra.com reserves the right – at any time – to add, modify, alter, delete or update the content on the taxmantra.com website and/or the Terms of Use, Privacy Policy and Legal Disclaimer and all users shall be bound by the terms and conditions so altered, modified or updated. You understand that, except for information, products or services clearly identified as being supplied by taxmantra.com, taxmantra.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for taxmantra.com- identified information, products or services, all information, products, and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with taxmantra.com. You also understand that taxmantra.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the internet. taxmantra.com provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and taxmantra.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet, generally.taxmantra.com does not warrant that the Service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which may be offensive to you. Your access to such materials is at your risk. taxmantra.com has no control over and accepts no responsibility whatsoever for such materials.
Eligibility and Registration
You must be 18 years or older to use the taxmantra.com service. By registering for the taxmantra.com service, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. Since Indian laws do not permit us to contract with a minor person (minor is a person who has not completed 18 years of age), we do not market our Web site to a minor person under the age of 18. However, since the Income Tax provides a minor to file income tax return in certain circumstances, in such instance we presume that the parent/guardian has registered himself to enroll the minor only as a taxpayer on our website and all the inputs, information provided are under guidance and assistance of at least one of his parent/guardian.
Information Collected
taxmantra.com will only collect, store, use, and share your personal information (including email address) as it is defined by our privacy statement and as regulated by Indian laws. When filing a tax return online, in addition to entering your own personal information, you may be asked to enter personal information of those who are either dependants or persons for whose income you are liable. Information collected on the taxmantra.com website is stored and used to prepare and electronically file users’ tax returns and other service provided at user’s will, as well as notify you when new/enhanced products and services become available. We do not disclose user information (including email address) to third parties except when the user requests to e-file their return or avail other services. In just case, we will disclose information to the appropriate government officials if the law so compels us. We only communicate with users when necessary, such as issues with the user’s tax return or to provide requested services. The only information you have given us (including email address) is stored by us. We do not supplement your information with information from other companies. The exception to this would be when your employer has bought the services/products for bulk use for its employees and to facilitate that we may upload information provided by your employer. When you use calculators and other tools on our Web sites that may or may not require registration,taxmantra.com may collect non-identifiable data from such tools, to help us customize offers and tools to your particular interests. taxmantra.com will not record or track any data you enter into standalone tools and calculators in any way that identifies you personally unless we specifically inform you that we are doing so at the time you provide such data. In case of change in tax laws and procedures we would try our best to incorporate the same on the site at the earliest, however, we do not take responsibility to always update are web site or the service/s offered instantly, at times it may take time or we may not consider updating the same for a reason, the decision of our team would be final. While offering the service/s and or product our team of tax experts has to interpret the vast number of tax law provisions and while doing so there could be more than one view possible about the same tax provision, our experts always would be interpreting the law in the most reasonable and law-abiding view. Therefore the income and tax calculations may be different from another tax professional’s point of view, in such an event or any other such possibilities we will not be responsible for such or other errors, misrepresentation or miscalculations in case of income or tax areas reported or displayed or printed in any form through the service/s or products. In the event of leakage of any information from the site for any reason beyond our control and for whatsoever reason taxmantra.comshall is not responsible under any circumstances and no action shall lie against taxmantra.com. A maximum relief granted in such an event would be subject to the payment you have made for that service or product, which we may refund to you and that taxmantra.com would be deemed to have discharged its limited liability towards you. If you do not want to receive promotional email from us in the future or you prefer not to be notified of next year’s release or to receive any product information from taxmantra.com, please let us know by getting in touch with us using our “Contact Us” option telling us that you do not want to receive email, calls, SMS from our company and your contact details removed from our email/call list. Please also refer to our privacy policy.
Payment Policy
taxmantra.com uses a secure payment gateway. The credit/debit card information will not be utilized and/or shared by taxmantra.com with any third party unless expressly agreed upon by terms of an agreement with third parties/ Alliance partners as enumerated/elaborated in the privacy policy or as required by and under any law, regulation or court order. taxmantra.com will not be liable for any credit/debit card fraud. The liability for the use of credit/debit card fraudulently will solely be borne by the customer and the onus to ‘prove otherwise’ shall rest exclusively upon the customer. Similar to the utilization of personal information of credit/debit card as enumerated above, the same will apply to the information of net banking payment option usage i.e. user name and/or password etc. The customer also agrees and undertakes not to stop and/or dispute any credit/debit card payment once initiated by him/her. The customer further agrees that any expense/s incurred bytaxmantra.com consequent to his/her failure to abide by the aforementioned point will be borne by him/her.
Refund and Cancellation Policy
Any product/service once purchased cannot be canceled and the fees paid to TMSPL and it’s group entities cannot be refunded since the nature of our products/services requires spending of enough work hours in the field of Taxation and various regulatory compliance which are incurred as soon as the process of delivery gets initiated and cannot be stopped without any loss to us. However only in case of duplicate payment to TMSPL and it’s group entities for the same service, TMSPL and it’s group entities will refund payment to you subject to the following circumstances: Refund of the fees you paid to TMSPL and it’s group entities is the maximum relief granted in any event. The refund so granted will be subject to verification of payment realized and after reduction of the taxes and/or finance charges as applicable (if any) for such transaction. You may not use the taxmantra.com service for any illegal or unauthorized purpose, including misusing permanent account number (PAN) of another person. International users agree to comply with all Indian laws and regulations, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, that you submit, and post on to taxmantra.com service. Other examples of illegal or unauthorized uses include, but are not limited to:
- Modifying, adapting, translating, or reverse engineering any portion of the taxmantra.com service.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the taxmantra.com service.
- Using any robot, spider, site search/retrieval application, or other devices to retrieve or index any portion or the taxmantra.com service.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Creating or transmitting unwanted electronic communications such as “spam,” or chain letters to or otherwise interfering with other user’s enjoyment of the service by blocking.
- Submitting data of any third party without such third party’s prior written consent.
- Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by taxmantra.com.
- Submitting Materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting false or misleading information.
- Any other person sharing your User Name and Password unless your express permission is granted.
- Any part of the Site being cached in proxy servers and accessed by person/s who have not registered with taxmantra.com as users of the Site and Service/s.
Limited Permission to Copy
You are permitted to print or download extracts from these pages for your personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Exchange of Information qua CHAT and other Community Services
All information, data, text, software, graphics, video, messages or other materials, whether publicly or privately transmitted/posted, is the sole responsibility of the person from where such content originated (the Originator).
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service. You as a responsible adult (above 18 years or above) shall be solely responsible for all content that you upload post or otherwise transmit.
taxmantra.com endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by the general public, therefore, the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will taxmantra.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any person/user.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, or other user’s ability to engage in real time exchanges. Any transactions relating to sale/purchase of goods or services not directly offered by taxmantra.com are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this site. This site does not have any involvement in the actual transactions between the buyers and sellers in any way.
Proprietary Rights of taxmantra.com
taxmantra.com reserves its right to terminate your account without any prior notice for any violation of the Terms of Use. By submitting or furnishing any personal information, data or details on or through the taxmantra.com service/s, you automatically grant us non-exclusive, permission and irrevocable right to hold and store your, such personal information, data or details and or your tax-related information submitted or generated on calculation. Our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission. It is our policy to respond to notices of alleged infringement that comply with the Copyright Act.
Email Services
Once a user provides his/her contact details, including emails, contact number, would be automatically regarded as double opted-in email subscribers on Taxmantra.com and its group entities. Taxmantra.com is free to send updates via email Alerts or by way of messages or other formats as a time to time decided by Taxmantra.com on commercial expediency prudence and that prior permission to continue or change such method is deemed to have been agreed and granted by the user. However, if the user does not want to receive such emails, he/she can opt out by sending an email to ‘info@taxmantra.com’ with subject line (unsubscribe from mailing list).
LIMITATION OF LIABILITY
IN no event will taxmantra.com be liable for
- Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if taxmanta.com Or its authorized representatives have been advised of the possibility of such damages, or
- Any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, taxmantra.com liability is limited to the greatest extent permitted by law.
3. Indemnification.
You agree to indemnify, defend and hold harmless taxmantra.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of taxmantra.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Jurisdiction, Law and Miscellaneous) shall survive any termination of this Agreement.
6. Jurisdiction, Law and Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. The user and taxmantra.com agree to submit to the personal and exclusive jurisdiction of the courts of the place of registered office in India. taxmantra.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. taxmantra.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.