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End User License Agreement

www.aaykar.com, is an online Income-tax return preparation and Income-tax return filing website managed by Taxmann Technologies Private Limited. Before using our service you should go through our End User Licence Agreement (here in after referred as EULA) and should agree to the terms and conditions of the EULA. These terms may be changed /updated from time to time solely at our discretion. Using our site you will be bound by the terms and conditions as mentioned in the EULA. To keep yourself updated with the changes/amendments to the EULA as made by us from time to time, you are requested and responsible for regularly reviewing the EULA. If you continue to access the Website subsequent to such changes/updation to EULA, you will be deemed to have accepted and agreed to these changes.

Reference of terms used in EULA

The term 'TAXMANN' is used through this entire EULA to refer to the Website, its owner, directors, employees and individuals/entities associated with the Owner. Owner refers to Taxmann Technology Private Limited.

The term 'USER or YOU or YOUR' is used through this entire EULA to refer to the user of the website (may be individual or entities as the case may be).

The term 'OUR WEBSITE' is used through this entire EULA to refer to the Website www.aaykar.com

The term “OUR PRODUCTS/SERVICES” is used through this entire EULA to refer to the products/services offered by TAXMANN or its associated entities.

Registration

The term 'TAXMANN' is used through this entire EULA to refer to the Website, its owner, directors, employees and individuals/entities associated with the Owner. Owner refers to Taxmann Technology Private Limited.

The term 'USER or YOU or YOUR' is used through this entire EULA to refer to the user of the website (may be individual or entities as the case may be).

The term 'OUR WEBSITE' is used through this entire EULA to refer to the Website www.aaykar.com

The term “OUR PRODUCTS/SERVICES” is used through this entire EULA to refer to the products/services offered by TAXMANN or its associated entities.

Personal Information

The information provided by you to us will be used in a variety of ways to enable us to satisfy your request (like registration at the Government website/portal for filing your return of income, importing your details from the Government website, uploading your return of income, mailing you the details, etc.) Apart from using the information for satisfying your requirement, your information may be used for contacting you in process of customer satisfaction surveys or for market research purposes or for offering you our valuable products.

If you participate in discussion forum or chat room or any other similar platform offered at our website, than you should be aware that the information at such platforms will be available to a variety of users interacting at this platform and TAXMANN will not be responsible in any manner in respect of use of the information by the participants of such platforms. TAXMANN will not be responsible for any loss or damage suffered by you on account of your information shared at these platforms.

At times we may call or contact you to collect certain information required for satisfying your request. At instances you may also call us for any queries, inquires, etc. In this interaction process TAXMANN may monitor the interaction and may record such calls for staff training or quality assurance or similar purpose.

Data Security and Backup

TAXMANN take utmost care for security of your information, however, at time your information is transmitted on electronic means, in spit of due and sufficient protection, unfortunately at times some unauthorized access may arise to the information and TAXMANN will not be responsible for any sort of loss, damage, etc. suffered by you on account of such unauthorized access.

Also note that as a part of legal compliance, your information may be subject to disclosure to Government entities or any other entity as required by the applicable laws, Government policies, etc.

Your data is stored on online servers and we intend to protect your data in encrypted format and may also take back-ups as required to ensure there is minimum data loss. TAXMANN will not be responsible for loss, damage, etc. suffered by you on account of data loss due to any unfortunate circumstances like server crash, technological failure, natural disaster, cyber attacks, etc.

Password protection

You shall be solely responsible for maintaining the confidentiality of your password and account. You will be solely responsible for all the activities that occur under your password or account and TAXMANN shall not be responsible for any losses, damage or harm caused as a result of sharing the password with third party or as a result of unauthorized use of your password by any unauthorized means.

Right to access

TAXMANN at its sole discretion may deny access to the Website or any portion thereof or any product or service offered by TAXMANN without any prior notice for a variety of reasons like security reasons, preventing any unauthorized access, compliance with Government policies, etc.

Promotional activity by us

Accepting this EULA you agree to receive periodic SMS/newsletter/email alerts/calls or other promotional measures from TAXMANN or associated entities unless you have specifically declined / unsubscribed for the same.

Eligibility for registration

By registering at www.aaykar.com, you represent and warrant that you are 18 years or older and that you have the capacity to understand, agree to and comply with Terms and Conditions of this EULA. 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), a minor, will be registering for the service at our website through a legal guardian.

However, since the Income Tax Legislations provides a minor to file income tax return in certain circumstances, in such instance TAXMANN presumes that the parent/guardian has registered himself to enroll the minor only as a tax payer on our Website and all the inputs and information are provided under guidance and assistance of parent/ legal guardian.

By registering at www.aaykar.com you hereby consent to add yourself as CLIENT of www.aaykar.com and authorise aaykar.com to get the information available with Income Tax Department for the purpose of providing the Services Contemplated by this Site. You hereby agree for passing of communication by TAXMANN to the Income Tax Department or any of the affiliates of Income Tax Department informing them about your intention to become CLIENT of www.aaykar.com by providing information as solicited by them. You can deactivate the registration with www.aaykar.com by Log-in into your account at www.incometaxindiaefilling.gov.in.

Pricing/Payment Policy

The free version of our Products / Services can be experienced without making any payment. The paid services/products can be used only on making the requisite payment. Once you proceed for payment process you agree to the price offered by us and also to the taxes as applicable. Prices offered by us for our Produces/Service may be changed by us at our discretion.

The credit/debit card/net banking details disclosed by you for the purpose of availing our Products/Services shall be correct and you will be solely responsible for the transaction carried by you. If the transaction fails because of any reason like closer of browser before completion of transaction, internet failure, etc. then we will not be responsible for such transaction. TAXMANN’s products/services will be provided only on making successful payment for the same.

TAXMANN will not utilize/share your credit/debit card/ net banking (*) information with any third party except as required by and under any law, regulation or court order.

TAXMANN will not be liable for any loss or damage suffered by you on account of any credit/debit card/net banking fraud.

(*) Net banking here refers to any sort of electronic banking mechanism apart from internet banking like mobile banking, etc.

Delay in services

TAXMANN shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. TAXMANN shall have no responsibility to provide You access to this Website while interruption of TAXMANN is continued, due to any such cause mentioned here or any other unavoidable circumstances.

Equipment and operation required for use of our product/services

It will be the responsibility of the user to setup/maintain the facilities/equipments required for using TAXMANN’s product/services. These facilities/equipments may cover device/setup required to use the produce/service, internet connections and other necessary hardware/software requirements.

Intellectual property rights

The information, content, logics, designs etc. hosted at this website is exclusively owned by TAXMANN, and nothing in this EULA shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.

Unless otherwise stated, copyright and all intellectual property rights in all material presented and contained in the Websites, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software including but not limited to text, audio, video or graphical images, trademarks and logos appearing on this Website belongs to TAXMANN and are protected under applicable Indian laws. Strict action shall be taken against any infringement and shall be vigorously pursued and defended to the fullest extent permitted by law.

Copyright and all intellectual property rights in all material presented at this Website belonging to Third party products shall be governed by the terms and conditions specified by them in this behalf.

You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by TAXMANN prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share TAXMANN or its Products/Services, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by TAXMANN prior to such use. In addition, You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of TAXMANN without prior written authorization. Except as set forth herein, any other use of the information contained in this site requires the prior written consent and may require a separate fee.

Usage of the website

You shall not use the website to undertake any fraudulent activities or any misuse. You shall not use the Website for any purpose that is unlawful, illegal or forbidden under any law. www.aaykar.com is hosted in India and hence by accessing the Website, you agree to comply with cyber and other laws applicable in India in this regard as well as the International laws as applicable.

Links to third party sites

At our website we may provide links to third party websites. The links to these websites are provided solely for the ease of the user. By providing the links to these external website TAXMANN does not suggests or recommends or assures about the correctness of the data, any content, material, concepts, logics, or any other matter of these websites. Use of these websites will be at your own risk. TAXMANN will not be responsible for any sort of loss or damage suffered by you on account of use of these websites.

Jurisdiction

This Agreement shall be governed by laws of India. Any disputes or differences arising out of or in relation to this Agreement shall be submitted to exclusive jurisdiction of courts at Delhi, India.

Use of our service

For the purpose of generating of your return of income at www.aaykar.com you need to provide various information like details of your income, details of tax saving investments/payments, details of taxes paid by you, etc. On the basis of the information provided by you, we will generate your return of income. Ensure that you provide correct and accurate information and also read the instructions, comments, notes, etc, provided at various places on the website before providing these respective details.

TAXMANN will not be responsible for any loss or damage or tax demand or refund reduction arising on account of provision of inaccurate or insufficient or incomplete details.

Disclaimer

Every effort has been made to avoid errors or omissions in this website. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next release of updates. It is notified that the TAXMANN will not be responsible for any damage or loss to anyone, of any kind, in any manner arising there from. It is suggested that to avoid any doubt the user should cross-check all the law and contents of the website with original government publications or notifications.

Taxmann makes no warranties or representations with respect to the accuracy, contents or performance of this website. It particularly disclaims any implied warranty of fitness for any particular purpose.

This is sold on ‘as is’ basis. Any claims made by sales literature or sales persons do not constitute warranties. Because of the diversity of hardware, product and conditions under which the product may be used, Taxmann cannot make any warranty of fitness for a particular purpose. The entire risk of using the website must be assumed by the user. Accordingly, the user is recommended to thoroughly test the website before relying on it. In any event, any liability of Taxmann is limited exclusively to refund of the purchase price of the any plan.

In case of e-filing, Income-tax Return shall not be deemed to have been filed unless it is successfully uploaded at 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.

If income-tax return is filed electronically other than with digital signature or Electronic Verification Code, you shall send the duly signed Form ITR-V to “Income Tax Department - CPC, Post Bag No - 1, Electronic City Post Office, Bengaluru - 560100, Karnataka”, by ORDINARY POST OR SPEED POST ONLY, within 120 days from date of filing of return electronically.

If ITR-V is not sent in compliance with above requirement, the return shall be deemed to be defective and in turn, it shall be deemed that return has not been filed. In this scenario, TAXMANN cannot be held liable for any penalty or other proceedings that may be initiated by Income-tax Department.

Any use of website is at your own risk. The product is provided for use only to the maximum extent permitted by applicable law. Taxmann disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Taxmann reserves the right to revise and make changes to the website and/or the EULA without incurring any obligation to notify any person of such changes and revisions.

Taxmann maintains a strict privacy policy and understands the importance of personal information shared by the users with Taxmann. However, Taxmann shall not be responsible either directly or indirectly for any loss or damage that may arise to the user due to any misuse of the personal information of the user by the Tax Professionals for such information as may be shared with the Tax Professional during the course of present agreement.

TAXMANN Tax Professionals Agreement

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