TaxWala Terms Of Use
Terms of Use

This Terms of Service Agreement (the "Agreement") is a contract between you and TaxSmart Services Pvt. Ltd and its affiliates ("us" or "we"). We currently provide users with access to a our online tax preparation services currently found at www.taxwala.com , (individually, a "Site"). This Agreement governs your use of the Site. Be sure that you carefully read and fully understand this Agreement. We are willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using the Site, including without limitation any of the products or services offered on the Site, you agree to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.

You may print this Agreement or download this Agreement to your computer. To the extent that you use any of our particular products or services including without limitation our online tax preparation services, you are subject to any applicable agreements ("Supplemental Agreements") and any posted guidelines or rules applicable to such products or services. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of the Sites.

2. Privacy Policy

User privacy is an important concern to us. We strive to protect the personal and confidential information of those who use our on-line products and services.

We may update these policies from time to time, so please check the Site frequently for updates.

3. Description of Service/Eligibility/Access to Service

We currently provide users with online tax preparation products and services. Your eligibility for any of our particular products and services is subject to our final approval and acceptance.

In order to use the Site, you must obtain access to the World Wide Web and pay any service fees associated with such access. System availability and access to the products and services available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. We make no representations, warranties or assurances as to the availability of the Site.

You are responsible for your use of your Internet browser, the Site and the products and services provided on the Site. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.

If you are under the age of 18, you may not use the Site or the products and services on the Site.

We are not providing investment advice through the Site, and the material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities from us.

4. No Unlawful or Prohibited Use; User Content

As a condition of your use of the Site, you warrant to us that you will not use, or permit any third party to use, the Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

We may offer you the opportunity to contribute your ideas, comments, questions and other communications to or from the Site (the "User Content") in blogs, message boards, chat rooms, e-mail and other features of the Site ("User Input Rooms") that may be offered from time to time and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use the Site or information provided through the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities or any of the following types of activities, without limitation:

a. disseminating libelous, harmful, vulgar, pornographic, obscene or otherwise objectionable material;

b. using any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Sites or accessed through the Sites;

c. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

d. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

e. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;

f. advertising or posting any commercial content;

g. interfering with or disrupting the Site;

h. disrupting the activities or enjoyment of the Sites for other users; or

i. collecting, or storing personal data about other users.

Further, you agree that all User Content you provide will be on-topic, relevant and will not include profanity or any other disruptive or disrespectful behavior. User Input Rooms are not the appropriate channel to express individual concerns or specific customer support issues. Such concerns and issues should be addressed to the online customer support pages of the applicable Site.

You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by you on the Site, including without limitation User Content you create. You acknowledge that we do not endorse User Content and that such User Content should not be considered to have been reviewed, screened or approved by us. Information found in User Input Rooms is intended to be used as a starting point for doing independent research on various companies, investment techniques and tax related matters. You should exercise discretion before relying on User Content. You agree to evaluate and assume all risks associated with the use of User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of User Content. We assume no responsibility for User Content or for the use of any User Input Room. Without limiting the foregoing, we will not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room by a third party. You acknowledge and agree that we may, in our sole discretion, remove any User Content from a User Input Room at any time and for any or no reason. You agree that we will not be liable to you or any third party for any deletion of any User Content on the Site. You acknowledge that we may preserve and disclose User Content if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect our rights, property or personal safety or that of any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

5. License

Except as expressly provided otherwise in an applicable Supplemental Agreement, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the Site, solely for your own non-commercial, personal purposes necessary to receive the products and services provided on the Sites, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content; and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet Web site; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites, use of the Site, or access to the Site; or (iv) establish hyperlinks to any page other than the home page of the Site or create any frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Site by any means other than through a commercially available Web browser.

We grant you a personal, limited, revocable, nontransferable and nonexclusive right to create a hyperlink to the home pages of www.taxwala.com so long as (i) the link or your linking Web site does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking Web site complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your Web site has, maintains and follows a privacy policy no less protective of user data than the privacy policy of the applicable Site. You may not use any of our logos or other proprietary graphic or trademarks as part of the link without our express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink.

6. Intellectual Property

Any unauthorized copying, redistribution, reproduction or modification of the contents of the Site by any person without our prior written authorization is strictly prohibited, may be a violation of common law, trademark and/or copyright laws and could subject such person to legal action. The use of content from the Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting us in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the content or other materials contained in any Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

7. Modifications to Sites

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change.

8. Registration Obligations In consideration of your use of the Site, if you provide us with information about yourself in response to prompting by the Site (for example when prompted by a Site's registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof) or the products and services provided on the Site.

9. Member Account; Password and Security

If you use our online tax products or services or other tools or programs on the Site requiring registration or account set up, we may supply you with a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality and security of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. If your status as a user of the Site is terminated, you must (i) cease using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from the Site. We assume no liability for any loss or damage arising from your failure to comply with this section.

10. Feedback

Subject to any applicable law and the requirements of the applicable privacy policy, any communication sent by you via the Site or otherwise to us (including without limitation User Content, collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. We can use the Feedback, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing products and services. You agree you will not assert any ownership right of any kind in the Feedback (including without limitation copyright, trademark, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of you as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You shall be responsible for the content and information contained in any Feedback sent by you to the Site or otherwise to us, including without limitation for its truthfulness and accuracy.

11. Our Confidential Information

You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the products and services provided on the Site. You will not use or permit the use of any Confidential Information except as necessary in connection with the products and services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material: (i) which is obtained from password protected portions of the Site or (ii) which (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

12. Transactions with Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding on us. You agree that we are not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any Claims incurred as the result of any such dealings.

13. Third Party Links

The Site may provide links or references to other sites. We make no representations, warranties or assurances as to any information in such sites, have no responsibility for their content and shall not be liable for any damages or injury arising from that content. We disclaim any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that we endorse the content of such sites. Please be aware that when you exit our Site, you are subject to the policies of the new site. Where we are offering our own content on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content.

14. Disclaimer of Warranties

Except as expressly provided otherwise in an applicable Supplemental Agreement, we disclaim any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material in respect of the Site or the use thereof. Any communications sent to you via the Site or otherwise from us (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of the Site (including without limitation any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, ALL PRODUCTS AND SERVICES OFFERED ON THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE AND OUR DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

15. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE SITE (COLLECTIVELY THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES, ANY COMMUNICATIONS SENT TO YOU VIA THE SITES OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SITE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Indemnification

You agree to indemnify us and hold us harmless from and against any Claims arising out of or relating to: (i) User Content and Feedback you submit, post to or transmit through the Site; and (ii) your violation of any rights of any other person in connection with the Site, information you post on the Site, information you receive from the Site, or the products or services provided on the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.

18. Other Agreements

a. These terms and conditions shall be governed by and construed in accordance with the laws of India. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Vadodara, Gujarat, India

b. Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.

c. Amendments. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new terms of service to this Web page. Please check the terms of service periodically for changes. Your subsequent use of the Site, or any content, products, services or materials provided through the Site, will be subject in all respects to the terms of service in force at the time of such subsequent use.

d. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

e. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.

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