Terms and Conditions

This Online Services Agreement (the “Agreement”) is a legally binding contract between you and Taxpooja Services Private Limited.

This Agreement governs your use of any of the following:

• The TaxPooja Income Tax Return Filing Service;
• TaxPooja Tax Planner;
• Tax Query Application and Scrutiny Application; and
• Any other related TaxPooja tax program service or other service that you select, pay for or use in connection with TaxPooja tax preparation products and services, or other related services provided by TaxPooja.

By clicking your acceptance of this agreement or by accessing, copying, 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. License and Permitted Use.

Subject to the terms and conditions of this Agreement and the payment of all applicable fees, Taxpooja Services Private Limited 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) (the “License”). 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 Taxpooja Services Private Limited’s online computer service available at https://www.taxpooja.in/ or an approved third-party website as Taxpooja Services Private Limited may direct. Terms and conditions for use of the website of Taxpooja Services Private Limited shall also be made applicable for accessing, and using the website of Taxpooja Services Private Limitedand if there is any conflict or inconsistency found between these two, terms and conditions of this Agreement shall prevail as regards 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 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 to use the Platform.

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 company 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 company for any reason whatsoever shall not been entitled to avail the platform services; and You agree to abide by the Terms of Use, offer documents, investor application form, mutual fund account opening form, investment account opening form and Risk Disclosure documents and any other information provided by you on and through the platform for availing the platform services;

You also warrant that the money you invest is from your own bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is earned from legitimate means/ sources and remitted through approved banking channels

3. Geographical Locations.

Please note that not all the Platform Services are available in all geographical areas and depending on Your location, you may not be eligible to avail of certain Platform Services offered by the Company, TaxPooja as the case may be. The Company and/or TaxPooja reserve the absolute right to determine the availability and eligibility for any of the Platform Services offered on the Platform.

4.  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 Taxpooja Services Private Limited 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. Taxpooja Services Private Limited reserves all rights not expressly granted to you.

​5. Intellectual Property Rights.

Taxpooja Services Private Limited, its Affiliates or its licensors, as applicable, are lawful owners of the Products and Services which are protected under Intellectual Property Laws in India including trademark and copyright law and international treaty provisions. Title to the Products and Services and all associated intellectual property rights are owned and shall be retained exclusively by Taxpooja Services Private Limitedand its Affiliates and licensors, as applicable. Through your use of the Products and Services, you acquire no ownership interest in the Products and Services or any derivative work or component of the Products and Services. No right, title or interest in or to any trademark, service mark, logo or trade name of Taxpooja Services Private Limited or its Affiliates or their licensors is granted to you under this Agreement. You may not decompile, disassemble, modify or reverse engineer the Products and Services, or seek to derive the source code from any executable object code provided to you, or modify, translate, or otherwise create derivative works based on the Products and Services or any part thereof. Taxpooja Services Private Limited and its Affiliates are the exclusive owners of the copyright for the Products and Services and Taxpooja Services Private Limited reserves all rights related to such ownership, including the exclusive right to make derivative works of the Products and Services and to duplicate, distribute, license and sell the Products and Services. You acknowledge and agree that the Products and Services, any enhancements, corrections, upgrades or modifications to the Products and Services (regardless of whether made by Taxpooja Services Private Limited, its Affiliates, its licensors, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Products and Services (or any enhancements, corrections, upgrades or modifications) are and shall remain the exclusive property of Taxpooja Services Private Limited, its Affiliates or its licensors, as applicable.

Privacy. Your use of the Products and Services is subject to Taxpooja Services Private Limited’ privacy notice, made available to you in full at:
https://www.taxpooja.in/privacy-policy (“Privacy Notice”). Taxpooja Services Private Limited reserves the right to change the Privacy Notice and any of the policies described in the Privacy Notice at any time, consistent with applicable law. If Taxpooja Services Private Limited makes a material change to the Privacy Notice, Taxpooja Services Private Limited will notify you by using one of the following methods:

• Taxpooja Services Private Limitedwill post a notice on our web site describing the change; or
• Taxpooja Services Private Limitedwill send you an electronic mail notifying you of the change. Through your use of the Products and Services, you may be required or requested to supply certain information used to prepare your tax return (“Tax Information”), and other personal information. If you use the automatic importing of tax information feature (described in Section 5 below) in connection with the Products and Services to import selected Tax Information from financial institutions or financial software, you are responsible for verifying the accuracy of such imported Tax Information. If you e-file your tax return, Taxpooja Services Private Limited will collect and transmit your Tax Information to the Income Tax Department (“ITD”) in the required electronic format. Taxpooja Services Private Limitedwill retain an electronic copy of your Tax Information and other collected personal information, including e-filing details and status, to the extent required or permitted by law.

A typical user flow in taxpooja website would be:

User flow:

• Logs in
• Data input
• Manual
• Automatic

During this user flow Taxpooja Services Private Limited might be liable to damages due to unforeseen circumstances. Following are the terms that would ensure that our liabilities are minimised:

• Non availability of Electronic Filing.You understand and agree that e-filing may not be available in some circumstances. You further understand and agree that Taxpooja Services Private Limitedcannot 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 Taxpooja Services Private Limitedcontrol). If an Taxpooja Services Private Limitedonline Assisted portal does not file your tax return, Taxpooja Services Private Limited’ 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 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.Online Assisted Service: Taxpooja Services Private Limitedmay offer, and you may select and pay for, supplemental tax return preparation services such as tax return review, tax advice or related services in connection with your use of Taxpooja Services Private Limited’ Online Assisted Service. After you select and avail the Online Assisted Service, Taxpooja Services Private Limitedwill, as directed by you, provide tax advice, prepare your tax return using information you have provided and e-file your tax return with the ITD. Taxpooja Services Private Limited agrees to use commercially reasonable efforts to provide the Online Assisted 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) that must be provided), records or documentation requested by Taxpooja Services Private Limitedand review information provided or prepared by SSBA Innovations in a timely manner and reasonably in advance of any applicable tax filing deadlines. Taxpooja Services Private Limitedreserves the right to refuse to provide the Online Assisted Service to any person or other services or tax schedules.
• Automatic Importing of Tax Information.Taxpooja Services Private Limited’Products and Services may include functionality that will allow you to electronically import certain Tax Information (e.g. Form 16) directly into the Software. Taxpooja Services Private Limiteddoes not represent or guarantee that such automatic importing of certain Tax Information will be available or accurate. While the imported Tax Information may be used in connection with the preparation and filing of your tax returns, Taxpooja Services Private Limitedis not responsible for verifying the accuracy of your Tax Information (whether imported or not) and you understand that it is solely your responsibility to review and confirm the accuracy of your Tax Information prior to filing your tax return.
• Accurate Calculations Guarantee.Subject to the conditions below, Taxpooja Services Private Limited agrees to reimburse you, after you pay the ITD, for the amount of the penalty and interest paid by you in connection with a FY 2017-18 tax return that you would otherwise not have been required to pay, up to a maximum of the amount of fees paid to Taxpooja Services Private Limited, provided that the penalty and interest were incurred solely and directly as a result of:
• an arithmetic error made by the Software; or
• incorrect advice provided to you in connection with the Online Assisted Service. Taxpooja Services Private Limitedwill only reimburse you for penalties and interest you actually pay to the ITD to the extent of maximum of the amount of fees paid to Taxpooja Services Private Limited. If you did not pay for the Software or Online Assisted Service this Section does not apply to you.
• In order to qualify for the reimbursement under this Section, all of the following conditions must be met:
• the penalty and interest is for your FY 2017-18 tax return;
• the penalty or interest did not result, in whole or in part, from an incorrect entry of data by you or any third party or data incorrectly imported into the Software from a financial institution or other software (including through automatic importing of tax information), your failure to follow Software instructions, your failure to correct and resolve errors identified by the Software, a claim for an improper or unsupportable deduction, a failure to report income, your failure to provide all necessary information to Taxpooja Services Private Limited, an incorrect interpretation of the law by you or any other reason outside the control Taxpooja Services Private Limited;
• you notified Taxpooja Services Private Limitedat Taxpooja Services Private Limited, ADDRESS, Attn: Managing Director, as soon as you learned of the error and in no event later than thirty (30) days after the penalty or interest was assessed or you received a notice from the ITD regarding your tax return, whichever is earlier, and you sent Taxpooja Services Private Limitedcomplete documentation of the penalty and interest, including all correspondence to and from the ITD, a copy of your tax returns as filed with the ITD (in paper and electronic format readable by the Software), proof that you paid the penalty and interest and any other relevant information Taxpooja Services Private Limited reasonably requests;
• you took any action reasonably requested by Taxpooja Services Private Limited, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing;
• the penalty and interest was for a return filed on or before July 31, 2018 or any later filing deadline extension published by the ITD;
• you have complied with all terms and conditions of this Agreement, including the license restrictions, and you have not intentionally provided any false information in connection with your account registration or tax return;
• you paid the applicable fees, if any, to Taxpooja Services Private Limitedfor license of the Software and any applicable Products and Services, as applicable, at the time of the filing of your tax return;
• the penalty or interest must not be based upon incorrect advice you receive from Taxpooja Services Private Limitedthat you knew was incorrect at the time you filed your return; and
• your tax return was prepared using the FY 2017-18 tax year version of the Software in accordance with this Agreement and the operating instructions.

This section states Taxpooja Services Private Limited’ entire obligation and liability, and your sole and exclusive remedy, for any errors in your return caused by the products and services or Taxpooja Services Private Limited. The monetary remedies available under this Section shall not be available if you request a refund for any Software pursuant to Section 7 below, of this Agreement. The rights and benefits afforded by this Section are personal to the original licensee of the Software and may not be assigned or otherwise transferred to any other party.

Disclaimer of Warranties.

Other than those express warranties set forth in this agreement, Taxpooja Services Private Limited makes no warranties, express or implied, regarding the products and services. Without limiting the preceding sentence and to the maximum extent permitted by applicable law, you agree that any implied warranties such as the implied warranties of non-infringement, merchantability and fitness for a particular purpose are excluded from your license and use of the products and services. Taxpooja Services Private Limited does not warrant or promise that the products and services will identify the appropriate documents for your needs or that the products and services are free from bugs or errors; nor does Taxpooja Services Private Limited make any other promises about the performance, accuracy, or reliability of the products and services or their ability to meet your requirements. Taxpooja Services Private Limited is providing the products and services as a general tool to assist you in preparing and filing your tax returns and other functions, the products and services do not replace your obligation to exercise your independent judgment in using the products and services. You are solely responsible for correctly inputting your information into the products and services and for verifying all outputs resulting from your use of the products and services. Taxpooja Services Private Limited and its affiliates and franchisees do not warrant any particular results that you may obtain in using the products and services.

You acknowledge that Taxpooja Services Private Limited and its respective licensors do not practice law nor are they providing or rendering any such legal or other professional services to you with regard to the products and services. You acknowledge and agree that your use of the products and services are not substitutes for the advice of an advocate or other competent professional. You further acknowledge and agree that laws vary and change over time and that the final documents, forms and letters should be reviewed by an advocate or other competent professional before use.

6.  Limitations on Liability and Damages.

Except as expressly permitted, your exclusive remedy and the entire liability of Taxpooja Services Private Limited and its licensors with respect to your use of the products and services shall be limited to the amount paid by you to Taxpooja Services Private Limited for the products and services. In case you have availed the product or service for free, then the maximum total liability of Taxpooja Services Private Limited shall be restricted to inr 50. In no event will Taxpooja Services Private Limited or its licensors be liable to you, regardless of the form of action, whether in contract or in tort, including negligence, for any tax liabilities or any indirect, special, incidental, or consequential damages including, but not limited to, lost data, lost profits or business, loss of use, or for any claim or demand against you by any other party, even if Taxpooja Services Private Limited or its licensors have been advised of the possibility of such damages.

You agree that Taxpooja Services Private Limited and its licensors will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may have as a result of:

• your use of, or inability to use, the Products and Services;
• your use of any documents generated by the Products and Services;
• your retention of, or your failure to consult or retain, an attorney or other competent professional with respect to any contract, document or legal matter;
• connection or toll charges for using the Products and Services or obtaining updates for the Products and Services; or
• any fees, costs or expenses arising out of troubleshooting or technical support for the Products and Services.

You agree that the essential purposes of this Agreement can be fulfilled even with these limitations on liabilities. You acknowledge that Taxpooja Services Private Limited would not be able to offer the Products and Services on an economical basis without these limitations. ​

7. 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 Taxpooja Services Private Limited.

Consent

You agree and consent to the electronic delivery of Required Disclosures. You also agree that Taxpooja Services Private Limited does not need to provide you with an additional paper (non-electronic) copy of the Required Disclosures unless specifically requested as described above. On selection of email/sms alert service You agree & grant non-exclusive, permission & irrevocable right to send emails, sms& alerts as decided by Taxpooja Services Private Limited.

8.  Payments

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.

9.  Refund Policy

The Refund & Cancellation policy for all payments made towards account opening or any other services or products using any mode of payment shall stand as under:The Fees paid towards account opening charges for enabling mutual funds or wealth builder services or tax planning service (Financial planning on Taxpooja.in), or any other services is non-refundable & non-reimburse. Pick up of required documents, forms, papers, or deeds related to the account opening procedure and process is subject to availability of our representatives, given at any particular time and location & places. In case your account has not been opened by Team TaxPooja, after the tenth day passing by from the day of collection of all necessary supporting documents and receipt of all due authorizations from you, you may request/asked for a full refund of the charges as paid by you towards account activation/opening. In case you have paid the charges relating to account opening multiple times, please contact support and we will initiate the necessary procedure to refund your money. Note: The completion & execution of the refund procedure & process is subject to agencies such as banks, payment gateways.

10.  Security

You agree to take reasonable security precautions to protect any passwords and user IDs associated with your use of the Products and Services. These precautions shall be at least as great as the precautions that you take to protect your own computer equipment, software and online financial accounts, but in no event less reasonable and prudent care. You will notify Taxpooja Services Private Limited immediately of any unauthorized use of your user ID/name, your password or the Products and Services or any other security breach of which you are aware. It is your sole responsibility to keep your account number, ID/user name, password and other sensitive information confidential. You understand and agree that you are solely responsible for all computer password, data, file and network security, including but not limited to an active firewall on your computer or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Products and Services.

11.  Posts

The Company and/ or TaxPooja may provide and display content on the Platform which features specific articles/write-ups by third parties in relation to the mutual fund and stocks. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/ or recommendations of the Company and/or TaxPooja and You are required to read the documents carefully before investing in any mutual funds and/ or stocks. You may also be allowed to post and comment on such content on the Platform and You hereby undertake to ensure that such comments shall not be offensive and will be in accordance with applicable laws. All material added, created, submitted, or posted to the Platform by you is your sole responsibility. The Company and/ or TaxPooja reserves the right to review any information provided/data uploaded, if any, by you on the Platform and delete any information/data that is inconsistent with these Terms of Use.

12.  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 Mehsana, India.

13.  Indemnification

You agree to defend and hold harmless Taxpooja Services Private Limited 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.

14.  Termination

Without prejudice to any other rights, Taxpooja Services Private Limited 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 Taxpooja Services Private Limited your compliance with this Section.

15.  Calling, SMS & WhatsApp Policy

You agree and consent to the electronic delivery of Required Disclosures. You also agree that Taxpooja Services private Limited does a (non-electronic) copy of the Required Disclosure unless specifically requested as described above. On selection of call/emails/sms/WhatsApp alert service, You agree & grant non-exclusive, permission & irrevocable right to give a call whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not and to send emails, SMS, WhatsApp msgs& alerts as decided by Taxpooja Services Private Limited. I also confirm that by sending any of such messages/calls, I will not hold Taxpooja Services Private Limited or its third-party service provider liable / institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time.