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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.
© 2009 TaxSmart Services Pvt. Ltd All Rights Reserved.
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