TaxGuru Web Site Agreement
The www.taxguru.in Web Site (the “Site”) is an online information service provided by TaxGuru (”www.taxguru.in or taxguru.in“), subject to your compliance with 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. www.taxguru.in 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, Licenses and Idea Submissions.
The entire contents of the Site are protected by Indian and international copyright and trademark laws. The owner of the copyrights and trademarks are www.taxguru.in, its affiliates or other third party licensors. You may 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 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 www.taxguru.in 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 bulletin boards, forums and newsgroups) or by e-mail to www.taxguru.in by all means and in any media now known or hereafter developed. You also grant to www.taxguru.in 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 www.taxguru.in for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.taxguru.in.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of www.taxguru.in. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by www.taxguru.in, www.taxguru.in does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.taxguru.in- 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 www.taxguru.in.
You also understand that www.taxguru.in 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. www.taxguru.in 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 Non-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 www.taxguru.in 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. www.taxguru.in 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 are sexually explicit or may be offensive to you. your access to such materials is at your risk. www.taxguru.in has no control over and accepts no responsibility whatsoever for such materials.
The material contained on this site and on the associated web pages is general information and is not intended to be advice on any particular matter. Subscribers and readers should seek appropriate professional advice before acting on the basis of any information contained herein. www.taxguru.in, its members, owners, employees, agents, representatives and the authors expressly disclaim any and all liability to any person, whether a subscriber or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance upon the contents of this site and associated web pages.
Every effort has been made to avoid errors or omissions. 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. It is notified that neither taxguru.in nor the authors nor the publishers will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom.
It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the material on website with original Government publication or notifications.
We Shall Not Be Liable For Any Third Party Product Or Services. The Advertisement Available On E-Mail Or Website With Respect To The Third Party Website Or The Products And Services Are For Information Purpose Only.
3. Limitation of Liability
In no event will www.taxguru.in be liable for (i) 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 www.taxguru.in or its authorized representatives have been advised of the possibility of such damages, or (ii) 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, www.taxguru.in liability is limited to the greatest extent permitted by law.
www.taxguru.in makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-www.taxguru.in website please understand that it is independent from www.taxguru.in and that www.taxguru.in has no control over the content on that website. In addition, a link to a www.taxguru.in website does not mean that www.taxguru.in endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless www.taxguru.in, its officers, partners, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, liabilities, claims, demands, expenses, damages and costs, including legal fees and disbursements in connection therewith and interest chargeable thereon asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall taxguru.in, its officers, partners, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
5. Third Party Rights, Hosting of Third party information and Links to Third Party Sites
The provisions of paragraphs 2. (Use of the Service), and 4. (Indemnification) are for the benefit of www.taxguru.in 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. The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
Links to Third Party Sites
As a convenience, we may provide links to third-party websites from the Website taxguru.in is not responsible for and does not endorse the informational content or any products or services available on any third-party website and does not make any representations regarding its content or accuracy. We do not control any third party website, and we are not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.
6. 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. (Limitation of Liability) 4. (Indemnification), 5. (Third Party Rights, Hosting of Third party information and Links to Third Party Sites) and 11. (Disputes and Jurisdiction) shall survive any termination of this Agreement.
7. Service Level Agreement
During the Term of the applicable Taxguru.in Agreement, the taxguru.in Services will be operational and available to you as a customer at least 90% of the time in any calendar year.
8. Retention & Backup
The data would be retained as backup in our systems for at least 6 months from the date of its creation. And otherwise also, we may retain such information in our systems for a limited period, which may help in complying with the laws of India and also to make sure that we maintain enough backup of data, which may be required to be restored to the main server in unforeseen circumstances.
9. Code of Conduct
You are not allowed to host, display, upload, modify, publish, transmit, update or share any information that -:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities;
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
g) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
k) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
q) Publish, post, disseminate information that is false, inaccurate or misleading;
r) Violate any applicable laws or regulations for the time being in force in or outside India;
s) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
t) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
(u) belongs to another person and to which the user does not have any right to;
(v) harm minors in any way;
(w) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
10. Users’ Responsibilities
The users are responsible for their own actions in the use of company computers, computer systems, computer networks, computer resources and communication devices of taxguru.in. The user who commits an illegal act will be subject to civil and criminal action.
The users shall strictly follow the present rules and regulations and also provisions of the Indian Information Technology Act and Information Technology rules and any other laws for the time being in force.
If the users have any grievances and discrepancies, they can address their grievances to taxguru.in’s Grievance Officer, whose name and address is displayed on the websites of TaxGuru.in and also mentioned in the present terms. The Grievance Officer is duty bound to redress your grievances, if any, expeditiously but within one month from the date of receipt of grievance.
Users are bound by the present Terms and condition of the usages of the computers, computer systems, computer networks, computer resources and communication devices of TaxGuru.in.
11. Disputes and Jurisdiction
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. You agree that any legal action or proceeding between www.taxguru.in and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction at Mumbai only. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. www.taxguru.in’s 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. www.taxguru.in may assign its rights and duties under this Agreement to any party at any time without notice to you. In any dispute between taxguru.in and you relating to this Site, the prevailing party will not be entitled to attorneys’ fees, costs and expenses.
12. Compliance with Laws
All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the website.
Any rights not expressly granted herein are reserved.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
14. Protect Your Password: You Authorize All Uses Made Of It.
You are responsible for maintaining the confidentiality of the password that you choose to access and use the Site (“Account”). Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you, including but not limited to uses of your Account to submit questions at the Site or to answer questions through the Site. This means that you should not supply your password to anyone who is not authorized to take actions for you.
15. Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject to applicable export control laws and regulations of the Indian Government. You agree not to export or re-export any Content directly or indirectly, to any country not permitted by Indian government export restrictions.
16. GRIEVANCE OFFICER
TaxGuru.in shall address any discrepancies and grievances of visitors with respect to processing of information in a time bound manner. For this purpose, the taxguru.in has designated
Name: CA Sandeep Kanoi
Phone No: 097694 75160
(Last Updated on 21.02.2017)