Terms and Condition

General Terms and Conditions of Use

Last Updated: <>.06.2024

Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform (defined hereinafter) and the Services (defined hereinafter). The objectives of these General Terms and Conditions of Use (“Terms”) are to inform you of the terms which apply to your access to the Platform and Services, what we expect from you, and what you can expect from us as you use and interact with our Platform and the Services provided by us and third-party service providers.

Further, you would learn about the following:
our policy regarding the changes and updates to these Terms;
description of the Platform and the Services offered by us and third-party service providers;
sign-up process and information required by us;
conditions regarding use of the Platform and the Services;
terms of use and conditions regarding the information made available by us on the Platform;
intellectual property rights and ownership of the content on our Platforms and the conditions of use of such content;
Know Your Client (“KYC”) requirements;
General terms for making online payments;
our policy regarding the Payment, Invoicing, Cancellation and Refund, communications and notifications sent by the Platform;
disclaimers, limitation of liability and indemnification obligations in relation to the Services provided; and
legal rights and obligations in case of violation of these Terms by you.

These Terms apply to and govern the use of or access to the website https://mytaxclub.in/ and on its mobile/web applications (hereinafter, collectively referred to as the “Platform”), by the user (hereinafter, “you”, “your”, or “User”). The Terms shall apply to the User in relation to the relevant Services availed on the Platform.

The Platform is provided by Auditedge Technologies Private Limited (hereinafter, “Company” “MyTaxClub” or “our” or “we” or “us”), a company incorporated under the Companies Act 2013, having its registered office at AUDITEDGE TECHNOLOGIES PRIVATE LIMITED
102 Prathyusha Prestige, Shalivahana Nagar, Srinagar Colony, Khairatabad, Hyderabad- 500073, Telangana.
.

User and Company are each a “Party” and collectively the “Parties”.

These Terms are an electronic record in terms of the (Indian) Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time (“IT Act”). This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 framed under the IT Act (as amended from time to time), that require publishing the terms of services and practices for access or usage of Platform and Services. These Terms constitute a binding and legally enforceable contract between the Company and User (as defined below). By registering on or using the Platform or availing the Services, you agree to be bound by the Terms. If you are using the Platform on behalf of an organization, you are agreeing to the Terms on behalf of that organization (in which event, “you”, “your” or “User” will refer to that organization).

MyTaxClub does not provide ERI services, and they are not a part of the definition of Services under Clause 2.1 of the Terms.

You represent that you are at least 18 (eighteen) years of age and have not been previously suspended or removed by the Company, or disqualified for any other reason, from availing the Services or using the Platform. In addition, you represent and warrant that you have the right, authority and capacity to agree to the Terms and to abide by them. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation of the Terms, the Company reserves the right to suspend or permanently prevent you from availing the Services or using the Platform.

If you do not agree to be bound by these terms, you must not use the Platform. By continuing to use the Platform or the Services you expressly agree and undertake to be bound by these terms. Subject to applicable laws, these Terms (and any changes thereto) will become applicable to you retrospectively on and from the date of your first use of the Platform.

Changes to these Terms

Please note that these Terms may change from time to time. We reserve the right to modify or amend these Terms. While we will make reasonable efforts to keep you posted on any updates to these Terms, to make sure that you are aware of any changes, we encourage you to periodically review them whenever accessing or using the Platform to be continuously aware of the changes that we may be carrying out to these Terms.

The “Last Updated” date at the top of the Terms indicates when the most recent modifications were made to the Terms. In the event we modify these Terms, by continuing to access and use the Platform, you will have confirmed your acceptance to any such modifications. Your continued use will be adequate proof that you have expressly agreed to the terms of these Terms which shall apply from the date of your first use of the Platform. In addition, when using the Platform, you will be subject to any posted guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time, including but not limited to the Privacy Policy available at [insert link]. All such supplementary terms, policies, guidelines or disclaimers are hereby incorporated by reference into these Terms.

If you have any comments or questions regarding the Terms, or wish to report any violation of the Terms, you may contact us at support@mytaxclub.in.

About the Platform and the Services

The Platform is primarily a technology service provider which inter- alia provides;

ITR Services:
Do-it-Yourself (DIY) filing, enabling users to file their Income Tax Returns (ITR) by themselves through a user-friendly interface that simplifies the input flow for ITR forms (1-4) applicable to individual taxpayers;
Assisted filing, providing access to professionals for users’ filing needs and advisory services;
Subscription model for tax professionals, offering software as a Service (SaaS) for tax professionals to file returns on behalf of their clients.

Certain services offered on the Platform may be provided by the Company or through or our third-party service provider (hereinafter referred to as Service Provider). While it is not mandatory for users to utilize these services, certain features of the Platform may not be accessible without them. Through these comprehensive services, the Platform aims to make the tax filing process as seamless and efficient as possible for individual taxpayers.

In the event you avail or subscribe to ITR Services as specified under Clause 2.1.1., then such services shall be governed by MyTaxClub’s terms and conditions for ITR Services available at and MyTaxClub’s privacy policy for ITR Services available at , in addition to these Terms.

In the event you subscribe to MyTaxClub’s proprietary software including but not limited to , then your use and subscription to the software shall be additionally governed by the terms and conditions of the MyTaxClub Master Subscription and Services Agreement and integration agreement accessible at .

The Platform also allows you to avail the Services as specified under Clause 2.1 (defined hereinafter) directly from the Company and/or third-party service providers associated with the Company from time to time, and the Platform facilitates communication with such third parties for availing the Services.

The services, as specified under Clause 2.1, rendered by, the Company and third-party service providers of the Company are collectively referred to as “Services”.

You agree and acknowledge that:

you will not use the Platform for any unauthorized activities such as (i) activities punishable under Sections 43 and 45 IT Act (such as web scraping, altering source code, hacking, introducing viruses etc.), (ii) activities prohibited under any laws in force, and/or (iii) any activity which contravenes access controls/ service use limits set by Government agencies’ and/or statutory authorities and/or any security feature developed by them on their Portals or websites or applications, and/or (iv) any activity which is contrary to any other policies of any Government agencies’ and/or statutory authorities; and

you shall not, at any time, by using the Services on the Platform:
Imply or state any affiliation with or endorsement of Government agencies and/or statutory authorities, without direct and express consent of such organization.
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Government agencies’ and/or statutory authorities’ Portals or websites or applications.
Monitor the Government agencies and/or statutory authorities, or their Portal or websites or application for availability, performance or functionality for any competitive purposes.
Overlay or otherwise modify the Government agencies’ and/or statutory authorities’ appearance of their Portal or websites or application.
Remove or cover or obscure any advertisement included on the Government agencies’ and/or statutory authorities’, Portal or websites or application.
Rent, leasing, loaning, trading, selling/re-selling access to the Government agencies’ and/or statutory authorities’, Portal or websites or application or related data of their Portal or websites or application.
Sell, sponsor, or otherwise monetize any Government agencies and/or statutory authorities service or feature without their direct and express consent.
Solicit or collect email addresses or other personal information of Government agencies’ and/or statutory authorities’ or their users in any manner.
Use, disclose or distribute any data obtained in violation of these Terms or of the Government agencies’ and/or statutory authorities’ or their policies.

you agree, at any time, by using the Services on the Platform:
and will be subject to the terms and conditions, of Government agencies and/or statutory authorities in relation to availing or accessing their services through our Platform, from time to time.
the Government agencies and/or statutory authorities shall have the sole right and discretion, without any liability of any nature, by all means (whether manual or automated), to accept/reject any User’s data from being transmitted to the system from our Platform, including but not limited to, in case of security breach, data traffic beyond prescribed limits, suspected payload (having virus and/or malware) or transfer of corrupt data or due to any other reasons as mandated by the Company.
you will follow and adhere to the guidelines prepared, proposed, and updated by Government agencies and/or statutory authorities including their portals’, websites’, or applications’, terms and conditions and privacy policy.
you represent to be a a duly organized and validly existing entity (as applicable) under the laws of your jurisdiction and accordingly have full power and authority to perform your obligations, as may be required for accessing Government agencies’ and/or statutory authorities’, portals, websites, or applications through our Platform, you will not be in contravention of any applicable laws.
in the event you access Government agencies’ and/or statutory authorities’ Portal APIs through our Platform, you agree and undertake that you shall not implement any technology to store any of your client’s data and/or confidential information of any nature (whether wholly or partially) in our servers or cloud. To the extent that you avail any other services aside from Government agencies’ and/or statutory authorities’ Portal APIs, you expressly consent to us retaining the aforesaid information.
and acknowledge that Government agencies and/or statutory authorities, may prescribe other standards and specifications that it may deem necessary, from time to time in their sole judgment, in relation to services provided by them, which shall be binding on you without any objection.
that neither the Company nor any Government agencies and/or statutory authorities, shall have any responsibility or liability in relation to the failure of any activity, if such activity may have been initiated by you or your client or by the Company and/or on your behalf, and that has failed or delayed on account of the process of authentication and acceptance of your or your client’s data by the system or otherwise, including but not limited to failure or delay as a result of network or connectivity failure, device or application failure, the system’s failure, possible downtime at the Government agencies’ and/or statutory authorities’ system’s end or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of use of the services.
in case of any additional obligations imposed Government agencies and/or statutory authorities on Company, pursuant to its arrangement with the Company, such additional obligations shall be binding on you.
you acknowledge that the Company will be maintaining records of all the transactions in relation to the services provided by Government agencies and/or statutory authorities on its Platform, as required under applicable laws, and authorities Government agencies and/or statutory authorities will have the right to conduct audits of your records without any notice.
by agreeing to these Terms, you have provided your express consent and acknowledge that the Company will retain/store your data and confidential information, of any nature (either wholly or partially), in the Company’s servers or cloud or otherwise in any other medium as may be transmitted/processed/passed through the Platform.
you agree that you have put all compliance, certifications, and security systems in place in order to ensure secure data transmission by your network to the Platform, without any exposure of breach, theft, or loss of data.

Sign-Up and Consent Requirements

To avail the Services, you may have to provide us with necessary details including but not limited to your name, mother’s name, father’s name, date of birth, gender, Permanent Account Number (“PAN”), signature, marital status, nominee details, cancelled cheque, photograph and video recording, email id, phone number, educational or professional qualification, business name, business address, nature of business, Goods and Service Tax Identification Number (“GSTN”), Tax Deduction and Collection Account Number (“TAN”), bank account details, Unified Payment Interface (“UPI”) ID, and/or other payment related details etc., as applicable.

You agree to provide the above stated information, or any other information as may be necessary or required by us to provide the Services, at the time of sign-up or at any subsequent stage. Further, you acknowledge that the act of providing your Aadhaar ID is voluntary in nature unless mandated under applicable law. You may choose to provide us with alternative KYC proof.

You warrant to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

If you upload information relating to any third parties, you should ensure that any such information is uploaded only after obtaining express written consent from them for using their information on the Platform. Further, you should ensure that express written consent from such persons is obtained to receive communications from the Company regarding: information about us and the Services; promotional offers and services from us and our third-party service providers and any other matter in relation to the Services. If such third parties fail to provide written consent, or withdraw consent, you shall immediately cease to use the Services in relation to them. You will be solely responsible for obtaining such consent from third parties and we assume that such consent is sought and received by you. if you provide such information relating to any of such third parties at any time during the use of the Platform.

If you provide any information that is false, inaccurate or outdated, or we have reasonable grounds to suspect that such information is false, inaccurate or outdated, we will be entitled to suspend or terminate your account and prohibit any and all current or future use of the Platform by you. You are responsible for maintaining the confidentiality of the account and are fully responsible for all activities that occur under your account.

You agree to immediately notify us in writing at of any disclosure or unauthorized use of your profile or any other breach of security with respect to your profile.

Use of and Access to the Platform

You agree to use the Platform only for lawful purposes, and that you are responsible, liable and accountable for all activities that take place through your use of Platform or availing the Services. We exclude any liability arising out of use of the Platform.

You understand, accept and agree that the payment facility provided by third-party payment aggregator> is neither a banking nor financial service, but they merely act as a facilitator providing an electronic payment option, automated online electronic payment option, for the transactions on the Platform using the existing authorized banking infrastructure and the payment gateway/payment aggregator networks. Further, by providing payment facility, they are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.

Service Level Terms:
We will use commercially reasonable efforts to provide you the Platform. We will provide you with reasonable technical support services in accordance with our standard practices. We do not make any commitment that the Platform will be available at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your equipment, systems or local access services, (c) for previously scheduled maintenance, (d) caused by any third party vendor or service provider of the Company, (e) caused by any failure of systems or servers of any third party including that of the government and its authorities and/or financial institutions such as asset management companies or any financial intermediaries, (f) attributable to events such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, hacking, phishing or interruptions in Internet services to an area where the Company or its servers are located or co-located, or (g) required pursuant to instructions received by us from any governmental or regulatory authority.

Updates:
From time to time, we may provide upgrades, patches, enhancements, or fixes for the Platform to you generally without additional charge and such updates will become part of the Platform and subject to the Terms. Notwithstanding the foregoing, we shall have no obligation under these Terms or otherwise to provide any such updates. You understand that the Company may cease supporting old versions or releases of the Platform at any time in its sole discretion.

By accessing or using the Platform or by availing Services, you agree not to:

host, display, upload, modify, publish, transmit, update or share any information (if provided with the functionality to do so on the Platforms) that:
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
is harmful to minors;
infringes any patent, trademark, copyright or other proprietary rights
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
threatens the unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

violate the Terms or any law for the time being in force;

conduct or forward surveys, contests, pyramid schemes or chain letters involving the Services;

impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity

infringe our or any third party’s patent, trademark, copyright or other intellectual property rights, proprietary rights, rights of publicity or privacy;

use the Services if you are under the age of 18 (eighteen) years;

post or transmit any message (if provided with the functionality to do so on the Platforms) which discloses private or personal matters concerning any person or, is grossly harmful, harassing, hateful and/or disparaging;

post or transmit (if provided with the functionality to do so on the Platforms) any message, data, image or program which is blasphemous, vulgar, or offensive in nature;

refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to us;

remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform and Services or features that enforce limitations on the use of the Services or the Platform;

reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;

use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation,

using the Services or the Platform in an automated manner;

modify, adapt, translate or create derivative works based upon the Services and Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;

intentionally interfere with or damage operation of the Services or the Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file/ programme with contaminating or destructive features or which are designed to interrupt, destroy or limit the functionality of any computer resource;

use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;

take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;

use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

use the Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Platform, except and only as expressly provided in the Terms;

use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you.

Information

While we use commercially reasonable efforts to facilitate provisions of the information, information on compliance deadlines for filing various tax returns and other statutory forms, etc. on the Platform, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information. Specifically, certain links in Platform may connect to other websites maintained by third parties over which we have no control. If you access such links, your use of the third party websites will be governed by the policies of such websites. We encourage you to review the terms and policies of such websites.

Any information, information on compliance deadlines for filing various tax returns and other statutory forms; relevant tax related news; and any other regulatory news made available through the Platform is for general guidance on matters of interest only. In particular, impact of laws and regulations can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in such information. Accordingly, the information provided through or in relation to this Platform is so done with the understanding that we are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional advisor. You acknowledge that the provision of the Platform or Services does not constitute the provision of any specific advice nor any other professional services or advice of any kind (including any tax services). Any use of the Platform or Services (including reliance on any of the contents therein) is at your sole risk.

While we use reasonable efforts to facilitate the information made available through the Platform is being obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information.

We do not make any representations as to the accuracy or any other aspect of information contained in other websites. All information made available through the Platform is provided “AS IS”, with no guarantee, representation, or commitment of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

Intellectual Property Rights and Ownership

We own the rights in the design, compilation, and look and feel of our Platform. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited access to use the Platform and the Services in accordance with these Terms.

You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

We may provide you with a summary of the news or information that is already available in the public domain. Further we may provide you with an electronic link to the original source of such news or information. Upon clicking the electronic link, you may be directed to the website of a third party who has published that news or information. We do not own any intellectual property rights in the information published by such third parties.

Use of data: Notwithstanding anything to the contrary contained herein, when you enter or upload your data onto the Platform, you expressly agree, covenant, consent and grant us, our third party service providers and our group companies, affiliates, all rights, licences and consents to host, use, copy, transmit, process, store, share, analyze, display, make derivations, and back up all data you submit to us through our services and as required by us including but not limited to personal data and any other data relating to financial information of yourself and others, and further to: (a) enable you to use the Platform and avail the Services including the services provided by our third parties and affiliates; (b) allow us to improve, develop and protect our Services; (c) create, market or provide new services through the Company or group companies and affiliates; (d) communicate with you about our Platform and the Services; and (e) send you information we think may be of interest to you. You agree, represent and warrant that you have and you will maintain, all rights to allow the Company and/ or any third party service providers, and our affiliates, to host, use, compile, copy, transmit, process, store, share, analyze, display, make derivations, and back up all your data and retain aggregated customer data, including without limitation in combination with data of other users. The terms of use and sharing of such data are set out in our Privacy Policy .

Data loss: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into the Platform or for availing the Services
.
No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using the Platform or the Services.

Know your Customer/ Client Requirements

You agree and provide your express consent to provide certain information and documents that may be necessary to ascertain your eligibility to use the Platform or avail the Services including but not limited to your KYC Documents to us, to entities for whom we act as a technology facilitator and Platform provider including but not limited to online payment gateways, operators and aggregators, and, or to our affiliates to use, copy, transmit, process, store, share, analyze, make derivations, and back-up such KYC Documents and information. For the purpose of these Terms, ‘KYC Documents’ shall mean to include mobile number, mother’s name, father’s name, email address, password, date of birth, gender, PAN, signature, marital status, nominee details, cancelled cheque, photograph and video recording, etc. and other information which may be sought either during Sign-up or at any stage later. You agree and warrant to provide valid, true, complete, and up-to-date KYC Documents. You acknowledge and agree that any incorrect or misleading information provided shall constitute a material breach of these Terms.

We may use your personal data and in order to provide Services to you. Your personal information and KYC documents may be processed by or transferred or disclosed to and/or by third parties like , payment gateways, statutory bodies or agencies, or third-party service providers etc.

General terms for making online payments

To use the services of the online payment gateway/ payment aggregator service provider, the User shall disclose the exact business category and/or the business sub-category for which it will be using the payment gateway/payment aggregator services. If the User uses the payment gateway/payment aggregator services for any other purpose, the User understands and acknowledges that it shall notify the payment gateway/payment aggregator service provider and the Company in writing of such change and such change shall be subject to the approval of the payment gateway/ payment aggregator service provider who may include other terms and conditions as it may deem fit.

In the event You are using any of the Services on the Platform, you agree to provide the Company, as and when necessary, the KYC Documents and other documents requested, including Aadhar card, shops and establishments certificate, utility bills, registrations with tax authorities, memorandum of association, certificate of incorporation, PAN, partnership deed, powers of attorney, etc., and/or any other documents as required under the guidelines, rules and/or regulations issued by the Reserve Bank of India, National Payments Corporation of India, and any other regulatory authorities set up under any applicable laws (“Regulatory Authorities”). The User also expressly consents to the Company forwarding such documents to the payment gateway/ payment aggregator service provider or Regulatory Authorities.

The User shall indemnify the Company from and against all losses and damages suspicion in case User engages in any fraudulent, illegal or doubtful payment transactions, online selling of banned items under applicable laws, such as:
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
Body parts which includes organs or other body parts;
Child pornography which includes pornographic materials involving minors;
Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials; Copyright infringing merchandise;
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
Products labeled as “tester,” “not for retail sale,” or “not intended for resale”;
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
Products that have been altered to change the product’s performance, safety specifications, or indications of use;
Drugs and drug paraphernalia which includes hallucinogenic substances, illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
Offensive goods which includes literature, products or other materials that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred;
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
Pyrotechnic devices (apart from the ones mentioned in the Restricted category), hazardous materials and radioactive materials and substances;
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India;
Merchant who deal in websites depicting violence and extreme sexual violence; or
Bestiality.

The User acknowledges the Company and the payment gateway/ payment aggregator service provider reserves the right to limit or restrict any transaction size, amount and/or monthly volume at any time. For the purpose of clarity, such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on the User’s account during any time period, rejection of payment in respect transactions with a prior history of questionable charges, unusual monetary value of transaction, etc. Further, as a security measure, the Company and/ or the payment gateway/ payment aggregator service provider may at its sole discretion block any account numbers or transactions from any specific blocked or blacklisted accounts, group of internet protocol addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.

The User hereby agrees and acknowledges that the User shall be solely responsible and liable to pay all relevant taxes pursuant to usage of the payment gateway/ payment aggregator services.

Notwithstanding anything contained in these Terms, the User hereby irrevocably and unconditionally confirms and agree that that the payment gateway/ payment aggregator service provider and Regulatory Authorities reserve the right to reject payments with respect to any transaction for reasons including but not limited to unlawful, unenforceable, doubtful or erroneous transactions, chargebacks, refund, fraud, suspicious activities, authentication and authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, transaction related issues, issues in relation to where the transactions were not made in accordance with the requirements of payment gateway/ payment aggregator service provider and/ or the Regulatory Authorities.

The User agrees to comply with all applicable rules, guidelines, instructions, requests and actions, etc. made by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities. The User further acknowledges that the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities may also put limitations and restrictions on the User, at its sole discretion from time to time. In addition, the payment gateway/ payment aggregator service provider and the Company has the right to reverse/reject payments, suspend and/or terminate services, make inspections or inquiries in relation to the transaction, etc. In the event any fines, penalties or other amounts are levied by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities on the Company, then without prejudice to Company’s other rights under law, the User shall forthwith reimburse the Company an amount equal to the fines, penalties or other amount so levied or demanded.

The User agrees and expressly consents to provide the Company any documentary evidence as may be required in relation to any disputes relating to rejection/ termination of transactions included any explanatory statements is support of such disputes

The User expressly consents and agrees to (a) the Company maintaining records in relation to the User’s transactions; and (b) maintaining records by itself in relation to the User’s transactions, for the purposes of inspection by the payment gateway/ payment aggregator service provider, and/or the Regulatory Authorities.

The User agrees to indemnify the Company in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all payment transactions initiated by the User on the Platform. In event of rejection of any payment by any payment gateway/ payment aggregator service provider and/or Regulatory Authorities and the Company shall be not responsible to collect the payment from such payment gateway/ payment aggregator service provider or bank directly and in any case shall also not have any responsibility or liability in this regard.

The Users agree to comply with the KYC rules and regulations set out by the Regulatory Authorities and shall comply with the provisions of anti-money laundering laws, anti-bribery and anti-corruption in adopted by India, United States of America, Office of Assets of Control, United Kingdom and United Nations.

The User agrees and understands that the Company and the online payment gateway service provider reserves the right to suspend the Payment gateway/payment aggregator services to the User until such time that the User does not discontinue selling such banned/illegal products or does not conform to all applicable laws and regulations in force from time to time.

Payment, Invoicing, Cancellation and Refund Policy

By engaging with the Company and availing our services, you agree to comply with our Payment, Invoicing, Cancellation and Refund Policy. This policy is designed to provide clear guidelines and ensure transparency regarding the payment, invoicing, cancellation of services and the processing of refunds and can be accessed at .

Communication Policy

You agree to receive communications from the Company regarding: (i) information relating to use of the Platform or Services; (ii) information about the Company and the Services; (iii) promotional offers and services from the Company and third party service provider, and (iv) any other matter in relation to the Services. In case you access the Platform on behalf of a third party (after obtaining their prior consent), you acknowledge and agree that we are permitted to send any or all of the above communications to your customers or other third parties whose information you have made available on the Platform.

We may send alerts to the mobile phone numbers provided by you, either of yourself or your customers or any third parties, via e-mail, SMS, WhatsApp messages or push notifications or any other means. If your mobile number is registered in the Do Not Disturb (“DND”) list of Telecom Regulatory Authority of India, you may not receive SMS from us. In such case, you will be responsible for taking all steps to deregister from the DND list and will not hold us liable for non-receipt of SMS.

We shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold the Company liable for non- availability of the SMS/email alert/push notifications service in any manner whatsoever.

The SMS/e-mail alert/push notification service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. You shall not hold the Company liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.

The clarity, readability, accuracy and promptness of providing the SMS/e- mail alert/push notification service depend on many factors including the infrastructure and connectivity of the network service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

You understand that the Company cannot and does not guarantee or warrant that filesavailable for download through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of internet security and for accuracy of data input and output.

Third party Services on the Platform

Our Platform includes products and services made available by third party service providers. These third party service providers may have additional terms that apply to you. You agree to be bound by such other additional terms. Third-party products and services are subject to terms and conditions and privacy policies set by their providers. These include how the provider will use your data that you make available to them. The descriptions of third- party products and services that we publish, and any associated links, have been provided to us by the providers. The providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume responsibility for third party product or services.

We make no representations and hereby expressly exclude all warranties and liabilities arising out of or pertaining to such third-party services, including their accuracy or completeness. Further, all intellectual property rights in and to third party services are the property of the respective third parties.

Termination of Access to the Platform

We may terminate or suspend your access to Platform or access to all or any of data: (i) at our discretion; (ii) if you fail to comply with these Terms or the Privacy Policy; (iii) in case of inactivity for long periods; or (iv) in case of any fraud, insolvency or bankruptcy in relation to you. You agree that our right to terminate does not depend on whether you breach these Terms or not.

Warranties and Disclaimers

We are a technology Platform service provider. We are not and will not be responsible for any claim or for any damages suffered, whether by you, the third parties of the Users whose information is recorded on the Platform, or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by you or by any third parties of the User using the payment link generated using the Platform.

YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK. THE PLATFORM, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT: (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE PLATFORM OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE PLATFORM OR THE WEBSITES WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE PLATFORM OR THE WEBSITES WILL BE CORRECTED.

You acknowledge and agree that certain Services provided on the Platform are further dependent on the functioning of the technology infrastructure of various third parties including that of the government agencies and/or statutory authorities. You agree that the Company shall not be liable or responsible for any discrepancy in the Services owing to delay or failure of any activity by any such third parties including but not limited to delay or failure by government agencies and/or statutory authorities. The delay or failure may be as a result of, government agencies’ and/or statutory authorities’ network or connectivity failure, device or application failure System’s failure, possible down time at their end or any other technical or non-technical error of any nature, whether foreseen or unforeseen.

Exclusion of Damages

WE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE PLATFORM OR THE SERVICES; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE PLATFORM; (V) FOR ANY DISPUTES BETWEEN USERS OF THE PLATFORM OR THE SERVICES, OR BETWEEN A USER OF THE PLATFORM OR THE SERVICES AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE PLATFORM OR THE SERVICES, OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE PLATFORM OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Indemnification

Notwithstanding anything contained in this Agreement, you agree to defend, indemnify and hold harmless the Company (and its affiliates, officers, directors and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys’ legal fees) in connection with, arising out of, or in relation to (i) breach or non-compliance of its obligations, consents, grants, undertakings, representations or warranties under these Terms, and (ii) misrepresentation, negligence, fraud, willful concealment and misconduct (iii) misuse of the Services and Platform for any illegal or unauthorised purposes; (iv) any injuries to persons or damage to property, body, business character, reputation including theft, resulting from your acts or omissions; (v) any claims by a third party on Company for the acts committed or omitted by you; and (vi) any violation of applicable law.

You agree that any violation by you will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/ or third party service providers, as the case may be, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Miscellaneous

Notice: All notices, requests, demands, approvals, requests for approvals or other communications under the Terms shall be in writing. Notice will be sufficiently given for all purposes as follows: (i) upon delivery when personally delivered to the recipient, (ii) upon receipt when mailed by certified mail (iii) upon delivery when delivered by recognized international overnight courier, and (iv) upon receipt when sent by fax with confirmation.

Merger/Modification: Each Party acknowledges that it has read the Terms, it understands it, and agrees to be bound by its terms, and further agrees that this is the complete and exclusive statement of the Terms between the Parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the Parties relating to the Terms.

Governing Law and Jurisdiction: These Terms shall be governed by and construed and enforced in accordance with the laws of India. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Hyderabad in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Subject to other provisions in this Clause, courts in Hyderabad shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

Severability: If any provision of the Terms is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted and all other terms and provisions of the Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify the Terms so as to effectuate the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Waiver: A waiver by either Party of any terms or conditions of the Terms in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in the Terms shall be cumulative, and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either Party.

Relationship of Parties: The Parties are not employees, agents, partners or joint venturers of each other. You shall not have the right to enter into any agreement on behalf of the Company.

Entire Terms: The entire understanding between the Parties hereto relating to the subject matter hereof is contained herein and the Parties make no warranties, representations or undertakings hereto except as expressly provided herein.

Assignment: Notwithstanding anything contained herein, you agree and covenant that the Company may, at its sole discretion, be entitled to assign its rights and obligations under this Terms to any of its affiliates or to any entity, and in such case, such affiliates or entity shall be entitled to enforce these Terms.

Survival: Notwithstanding any termination, cancellation or expiration of the Terms, the provisions hereof that are intended to continue and survive, shall continue and survive.

Expenses: Except as otherwise specified in the Terms, all costs and expenses, including fees and disbursements of counsel, financial advisors and accountants, incurred in connection with the Terms and the transactions contemplated in the Terms shall be paid by the Party incurring such costs and expenses.

Force Majeure: Neither Party shall be liable for a failure or delay in performing any of its obligations under the Terms if, but only to the extent that, such failure or delay is due to causes beyond the reasonable control of the affected party, including, but not limited to (1) acts of God; (2) fire or explosion (except to the extent caused by the negligence or willful misconduct of the affected party); (3) unusually severe weather; (4) war, invasion, riot, or other civil unrest; (5) governmental laws, orders, restrictions, actions, embargoes, or blockages; (6) national or regional emergency; and (7) injunctions, strikes, lockouts, labor trouble, or other industrial disturbances; provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure, or overcome any such causes and to resume performance of its obligations as soon as practicable.

Maintenance of Records: You shall maintain the records independently of the Platform (by way physical copies et cetera) and the Company reserves the right to seek copies of such records for their own use including record keeping. You acknowledge and agree that Company shall have the right to retain your information for as long as it deems fit and to be in compliance with applicable provisions of the law.

Fees: The Company reserves the right to charge fee for the Services and non-payment may result in denial of Services.

Contact Us: If there are any questions or grievances or complaints regarding these Terms, you may contact us at the address given below:

Grievance Officer
Name:
Address: