Terms and Conditions
Accepting the Terms
ETaxAdvise. is a product by Lakhesar Pvt. Ltd.
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In order to use the
Services, you must first agree to the Terms. You may not use the Services if
you do not accept the Terms.
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You accept the Terms
by creating an account for services at any ETaxAdvise website.
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You may not use the
Services and may not accept the Terms if (a) you are not of legal age to form a
binding contract with ETaxAdvise, or (b) you are not a resident of India.
Provision of the Services by ETaxAdvise
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ETaxAdvise is
constantly innovating in order to provide the best possible experience for its
users. You acknowledge and agree that the form and nature of the Services which
ETaxAdvise provides may change from time to time without prior notice to you.
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As part of this
continuing innovation, you acknowledge and agree that ETaxAdvise may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally at ETaxAdvise's sole discretion, without
prior notice to you. You may stop using the Services at any time. You do not
need to specifically inform ETaxAdvise when you stop using the Services.
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You acknowledge and
agree that if ETaxAdvise disables access to your account, you may be prevented
from accessing the Services, your account details or any files or other content
which is contained in your account.
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You agree to allow us
to add you as a client on the Income Tax Department web services to submit ITR,
retrieve ITR-V, refund status, 26AS, etc.
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You acknowledge and
agree that while ETaxAdvise may not currently have set a fixed upper limit on
the number of transmissions you may send or receive through the Services or on
the amount of storage space used for the provision of any Service, such fixed
upper limits may be set by ETaxAdvise at any time, at ETaxAdvise’s discretion.
Use of the Services by you
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In order to prepare
your return, to file your return, to provide advice about tax matters, and/or
to provide an audit defense service, you will need to provide information about
your income, deductions, credits, dependents, etc. Collectively, this
information is known as tax return information. In order to use ETaxAdvise
Services, you will need to provide your tax return information. You agree that
any information you give to ETaxAdvise will always be accurate, correct and up
to date.
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You agree to use the
Services only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions (including any laws regarding the export of data or
software to and from India).
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You agree not to
access (or attempt to access) any of the Services by any means other than
through the interface that is provided by ETaxAdvise, unless you have been
specifically allowed to do so in a separate agreement with ETaxAdvise. You
specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt
file present on the Services.
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You agree that you
will not engage in any activity that interferes with or disrupts the Services
(or the servers and networks which are connected to the Services).
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Unless you have been
specifically permitted to do so in a separate agreement with ETaxAdvise, you
agree that you will not reproduce, duplicate, copy, sell, trade or resell the
Services for any purpose.
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You agree that you are
solely responsible for (and that ETaxAdvise has no responsibility to you or to
any third party for) any breach of your obligations under the Terms and for the
consequences (including any loss or damage which ETaxAdvise may suffer) of any
such breach.
If you file tax returns for another individual,
you should be doing so with the consensus of that individual after fully
understanding the implications of this action. ETaxAdvise will not be held
responsible if you are doing this without the knowledge / consensus of that
person concerned.
Your passwords and account security
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You agree and
understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
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Accordingly, you agree
that you will be solely responsible to ETaxAdvise for all activities that occur
under your account.
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If you become aware of
any unauthorized use of your password or of your account, you agree to notify ETaxAdvise
immediately
Privacy and your personal information
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For information about ETaxAdvise’s
data protection practices, please read ETaxAdvise’s privacy policy at https://ETaxAdvise.in/meta/privacy. This policy explains how ETaxAdvise treats
your personal information, and protects your privacy, when you use the
Services.
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You agree to the use
of your data in accordance with ETaxAdvise’s privacy policies.
Income Tax Return Correctness
ETaxAdvise takes great care in ensuring the
correctness of your Income Tax Return. There are strong test suites and
professionals (internal and third party) who work hard on ensuring the
correctness of ETaxAdvise software. However, ETaxAdvise provides no guarantee or
warranty on the correctness of your Income Tax Return. You are required to
review your Income Tax Return for ensuring correctness. You will not hold ETaxAdvise
responsible for any issue that arises from incorrect Income Tax Return filing.
EXCLUSION OF WARRANTIES
1.
NOTHING IN THESE
TERMS, SHALL EXCLUDE OR LIMIT ETAXADVISE’S WARRANTY OR LIABILITY FOR LOSSES
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY
NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
2.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND
THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
3.
IN PARTICULAR, ETAXADVISE,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT
TO YOU THAT:
A.
YOUR USE OF THE
SERVICES WILL MEET YOUR REQUIREMENTS,
B.
YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
C.
ANY INFORMATION
OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
D.
THAT DEFECTS IN THE
OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICES WILL BE CORRECTED.
4.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETAXADVISE OR
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
6.
ETAXADVISE FURTHER
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
1.
SUBJECT TO OVERALL
PROVISION IN PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ETAXADVISE,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU
FOR:
A.
ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY
YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT
NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS;
B.
ANY LOSS OR DAMAGE
WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF:
I.
ANY RELIANCE PLACED BY
YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A
RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
II.
ANY CHANGES WHICH ETAXADVISE
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
III.
THE DELETION OF,
CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA
MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
IV.
YOUR FAILURE TO
PROVIDE ETAXADVISE WITH ACCURATE ACCOUNT INFORMATION;
V.
YOUR FAILURE TO KEEP
YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
2.
THE LIMITATIONS ON ETAXADVISE’S
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT ETAXADVISE
HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES ARISING.
Refunds & Cancellation
1.
For Assisted Plans,
you can cancel your payment or request a refund before the expert assigned has
commenced working on your case..