Terms and Conditions
This Online Services Agreement (the “Agreement”) is a legally binding contract between you and Riya Pauly (also & here in after referred to as “TheTaxAccountants”). This Agreement governs your use of any of the following:
- The TheTaxAccountants Income Tax Return Filing Service;
- The Online Consultation Services; and
- Any other related TheTaxAccountants tax program service or other service that you select, pay for or use in connection with TheTaxAccountants tax preparation products and services, or other related services provided by TheTaxAccountants.
By clicking your acceptance of this agreement or by accessing, or otherwise using any part of the products and services, you consent to the terms and conditions of this agreement. If you do not consent to the terms and conditions of this agreement, do not access, download, or use any part of the products and services.
1. Usage
Subject to the terms and conditions of this Agreement and the payment of all applicable fees, TheTaxAccountants grants to you a limited, non-exclusive, personal, non-transferable right to use and access the Products and Services to prepare and electronically file (“e-file”) your tax return(s). You understand that use of the Products and Services to e-file your tax returns, to submit your Form 16 or 16(A), and to prepare, provide information and submit income tax returns may require payment of an additional fee. This License grants access to and use of the Products and Services only in the manner set forth in this Agreement and in accordance with the type of Products and Services for which you have paid all applicable fees. You may only use the Products and Services through TheTaxAccountants’ online computer service available at https://www.thetaxaccountants.in/ or an approved third-party website as TheTaxAccountants’s may direct. Terms and conditions for use of website of TheTaxAccountants shall also be made applicable for accessing, using website of TheTaxAccountants and if there is any conflict or inconsistency found between these two, terms and conditions of this Agreement shall prevail as regard to the subject matter of this Agreement. You may not use the Products and Services in connection with providing tax advice or to provide any other services to any other party. You agree that prior to filing your tax returns you shall have sole responsibility and liability for reviewing all of your Form(s) 16 or 16(A) or The tax computation statement or other information that affects your tax situation for accuracy and completeness and for otherwise verifying any results derived from using the Products and Services. If You intend to use and access Products and Services for other(s), then, in such event, you will use and access Products and Services only upon having such authority to file tax returns for other(s).
2. Eligibility.
You are of 18 (eighteen) years of age or older and in case of you are acting as guardian on behalf of a minor, you have the necessary authority to register/sign up on the Platform for the availing the services on behalf of the minor and transact on their behalf; You are of legal age to form a binding contract, are not a person barred from receiving the platform services under the applicable laws and are competent to enter into a binding contract. In case the TheTaxAccountants faces scalability problems, it reserves the right to refuse access to the platform to new users and any such user who has been suspended or removed by the portal for any reason whatsoever shall not been entitled to avail the platform services;
3. Restrictions.
You will not, directly or indirectly:
- Re-distribute, sell, rent, loan, or otherwise transfer the Products and Services or any rights in or to the Products and Services to any other person or entity;
- use the Products and Services in any manner other than its intended manner or for the benefit of any third parties, including by making the Products and Services available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, or to perform services for third parties where the Products and Services enable, facilitate or comprise part of such service(s), or by using or accessing the Products and Services to prepare documents for any other person, and you agree to indemnify, defend and hold harmless TheTaxAccountants and its Affiliates against any losses, liabilities, claims, settlements, costs or expenses, including reasonable lawyers’ fees and enforcement costs, arising out of or relating to any such use or access;
- duplicate the Products and Services by any means, including electronically;
- remove any proprietary notice, labels, or marks on or in the Products and Services;
- derive or attempt to derive any source code for the Products and Services; or
- disable or circumvent any access control or related device, process or procedure established with respect to the Products and Services. You are responsible for all use of the Products and Services and for compliance with this Agreement and any breach by you or any user of the Products and Services provided to you shall be your responsibility. TheTaxAccountants reserves all rights not expressly granted to you.
4. Non availability of Electronic Filing Portal.
You understand and agree that e-filing may not be available in some circumstances. You further understand and agree that TheTaxAccountants cannot and does not guarantee the performance of the Internet or any third party or third party system or that once transmitted, the ITD will receive, accept or process your tax return (e.g., due to failures of the Internet or any computer systems or networks, due to you entering incorrect contact or identifying information, or any other reason beyond TheTaxAccountants control). If TheTaxAccountants does not file your tax return, TheTaxAccountants’ sole responsibility with respect to e-filing your tax returns is limited to using commercially reasonable efforts to transmit your tax returns electronically to the Income Tax Department if you select and qualify for e-filing and pay all applicable e-filing fees. You are solely responsible for verifying that your Tax Computation Statements and tax returns have been filed and received by the Income Tax Department (ITD) and for taking appropriate alternative actions if necessary. You understand it is your responsibility to print and retain a copy of your tax returns for your records. TheTaxAccountants agrees to use commercially reasonable efforts to provide the Online Filing Service you have opted to avail of, provided that you provide any information, tax forms (all documents reflecting Income Tax withholdings, such as Form 16 or 16(A) , Computation Statements etc that must be provided), records or documentation requested by TheTaxAccountants and its team and review information provided or prepared by TheTaxAccountants in a timely manner and reasonably in advance of any applicable tax filing deadlines. TheTaxAccountants reserves the right to refuse to provide the Online Filing Service to any person or other services or tax schedules.
5. Consent to Electronic Communications.
- This consent to electronic communications provides important information required by the Information Technology Act 2000 and your consent to electronic delivery of all Required Disclosures relating to your use of the Products and Services. As used in this Agreement, “Required Disclosures” means all notices, disclosures, communications, or other information required by law relating to your use of the Products and Services.
- Scope of Consent Your consent to receive Required Disclosures electronically applies to all Required Disclosures relating to your use of the Products and Services or your relationship with TheTaxAccountants.
- Consent You agree and consent to the electronic delivery of Required Disclosures. You also agree that TheTaxAccountants does not need to provide you with an additional paper (non-electronic) copy of the Required Disclosures unless specifically requested as described above. You also agree & grant non-exclusive, permission & irrevocable right to send emails, sms & alerts as decided by TheTaxAccountants.
6.Dispute Resolution
The parties agree that the exclusive jurisdiction of any dispute arising out of or relating to this Agreement, or any dispute arising out of or relating to the Products and Services provided in connection therewith, shall belong to the courts located in Kerala, India.
7.Termination
Without prejudice to any other rights, TheTaxAccountants may immediately terminate this Agreement if you do not abide by its terms and conditions, in which case you must immediately cease use and access to the Products and Services and destroy all copies of the Products and Services and certify in writing to TheTaxAccountants your compliance with this Section.
8. Indemnification
You agree to defend and hold harmless TheTaxAccountants and its respective current and former successors, assigns, officers, directors, representatives, employees and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys’ fees and expenses) resulting from or arising out of your breach of this Agreement.