
LegalTERMS & CONDITIONS
for availing services
of web-portal / app in the name & style
of
"fixmytax" [www.fixmytax.in]
product of KARSATHI CONSULTANTS PRIVATE LIMITED
Founded & promoted by Dr. Pawan Jaiswal [IPR owner]
By clicking the acceptance "I agree" you are agreeing to accept the term and conditions as laid down hereunder. "fixmytax" is an IPR of Dr. Pawan Jaiswal; Promoter & Founder Karsathi Consultants Private Limited a web-based / app- based portal for providing a one stop platform for all intricacies related to taxation.
It is to be appreciated that the agreement between "fixmytax" / KARSATHI CONSULTNATS PRIVATE LIMITED [KCPL] is governed by Section 2(a) of the Indian Contract Act, 1872 where in the user signifies his willingness to obtain services from "fixmytax" / KCPL with a view to obtain assent from "fixmytax" / KCPL as if he is making proposal whose approval is sole discretion of "fixmytax" / KCPL.
This online Agreement for Services (the "Agreement") is a legally binding contract between you (i.e. user) and KARSATHI CONSULTANATS PRIVATE LIMITED (KCPL) marketed through its product "fixmytax".
It is specifically transliterated in this Agreement that if you (i.e. user) provides his PAN and Password of the Income Tax Department or GST Login & Password or any other Statutory Logins& Passwords to "fixmytax" / KCPL at the time of registering himself for availing the services provided by "fixmytax" / KCPL; he / she / it; thereby authorises the Karsathis' of "fixmytax" / KCPL to file any applications, petitions or pleadings, to file, produce or receive back any documents, to withdraw or compromise the proceedings, to refer any matter to arbitration, to deposit or withdraw any moneys, to execute any decree or order, to certify payment, and / or receive any moneys due under such decree or order on behalf of the user and the user undertakes to ratify any act of Karsathis' of "fixmytax" / KCPL.
It is specifically stated that "Karsathis'" means any person / professional who is empanelled by "fixmytax" / KCPL to prepare / submit replies, answer or return to the Tax Returns / Reply to Notices or other queries as raised by the user.
Your usage of this Agreement governs any of the following services:
- "fixmytax" Income Tax / GST Return Filing Service;
- "fixmytax" Tax Related Query;
- "fixmytax" Tax Related Assessments / Appeals / Tribunal;
- "fixmytax" Any Other Services related to afore-said at 1 to 3 and any other related "fixmytax" service or other service that you select, pay for or use in connection with "fixmytax" tax preparation products and services, or other related services provided by "fixmytax".
If you do not agree to the terms and conditions of this agreement, please do not access, download, or use any part of the products and services.
1. License and Permitted Use
According to the terms and conditions of this Agreement and the payment of all the requisite fees; KCPL grants to you a restricted, personal, non-transferable right to use the services for preparation of replies to your Notices of Income Tax / GST; preparation of First Appeal, preparation of Second Appeal and use the portal "fixmytax" to prepare and electronically file ("e-file") your tax returns. It is to be appreciated that your usage for services of "fixmytax" may require payment of additional fee if needed as per your further requirement of service. This Agreement permits you to access and use of the services only in the manner set forth herein for which you have paid requisite fees. You may avail the services through KCPLs' online service available at https://www.fixmytax.in or any other approved third-party website as KCPL may direct. By entering into this Agreement, you hereby agree that you will not use the services in connection with providing tax advice or to provide any other services to any other party [except only in case of Platinum Membership of the Portal]. It is to be appreciated that you agree to provide bonafide and genuine details for preparation of replies against Income Tax / GST Notices and before filing your tax returns you shall be solely responsible for reviewing all of your Forms under Income Tax / GST that result in calculating your tax liability.
2. Eligibility to use the web-site / app (iOS & Android & Others) "fixmytax"
You should have attained 18 (eighteen) years of age or above [or under guardianship in case of minor] and in case of you are availing services on behalf of a minor; then your authorisation is mandatory for the same; You are of legal age to form a binding contract and has not been barred from receiving the platform services under the applicable laws and are competent to enter into a binding contract. In the event the company has to face over-burdened server issues, it reserves the right to restrict access to the "fixmytax" to new users and if any user has been suspended or removed by the KCPL for any reason whatsoever shall not been entitled to avail the services of "fixmytax"; and
By making payment at the web-site / app "fixmytax"; you hereby approve that payment made at the web-site / app is the money owned by you from your own Bank Account / Wallet Payments and the same has been earned through legitimate means involving no amount in violation of National Security Act.
3. Intellectual Property Rights [IPR]
"fixmytax" the product of KCPL is Intellectual Property Right of Dr. Pawan Jaiswal; the Founder & Promoter of Karsathi Consultants Private Limited [KCPL]. Ownership of the services and all associated intellectual property rights are vested exclusively by KCPL and its Promoter & Founder. While using the services of "fixmytax" / KCPL you do not acquire any ownership interest in the services or component of the services. Under this Agreement you are not granted any right to title or interest in or to any trademark, logo, or trade name of "fixmytax" / KCPL or its Associates. "fixmytax" / KCPL and its Promoter & Founder is the exclusive owner of the copyright for the services and KCPL and reserves all rights related to such ownership, including the right to make imitative works of the services. Any upgradation, enhancement, modifications, and intellectual property rights shall remain the sole proprietary of "fixmytax" / KCPL / Dr. Pawan Jaiswal.
5. Procedure at "fixmytax" / KCPL
An user of the "fixmytax" / KCPL will generally proceed as follows:
User Process:
- First Step would be Login at web-site / app of "fixmytax" / KCPL
- Second Step would be to submit statutory required documents / details as required for Tax Returns and Reply for Notices / Preparation of Appeal / matters etc.
- It may be manual / through e-mail,
- It may be Automated
During the User Process for uploading of documents / details; following terms shall be followed to make least liabilities of "fixmytax" / KCPL if any due to any circumstances beyond the reach and control of "fixmytax" / KCPL:
If any assessment / appeal / other query is not answered in your favour by the Adjudicating Authorities or for any of the reason Tax Return filed by you is not processed completely or halts in the process due to weak internet connection / or any other technical glitches or legal latches; then data once transferred shall be processed by the respective Tax Portal (Income Tax & GST). In such cases and otherwise the user is absolutely liable for verifying his / her / their Tax Returns / replies filed to ensure that same have been filed and received by the Tax Portal (Income Tax & GST) and take suitable alternate steps accordingly. It is the responsibility of the user to take hard copy of the Replies / Written Submissions / Tax Returns filed for their future references; "fixmytax" / KCPL shall in no manner be responsible for retrieving such details / data from the Tax Portal (Income Tax & GST). For availing online assistance for filing of Appeal / Replies to Notices / Tax Returns at Tax Portal (Income Tax & GST) the user shall provide requisite documents to "fixmytax" / KCPL well in advance reasonable time for execution of Replies against Notices &filing process of Tax Returns at Tax Portal (Income Tax & GST). Furnishing of accurate data / details is the sole responsibility of the user and "fixmytax" / KCPL shall not be liable for any interest / penalty / prosecution / tax due to:
- Any type of accounting error done at any end; or
- In any case the liability for reimbursement as arose at Sl. No. 1 cannot exceed the amount of fee paid by the user to this Agreement.
6. Disclaimer of Assurance / Terms & Conditions (Caveat Emptor)
"fixmytax" / KCPL does not make any warranties whether expressed or implied other than those outlined in this agreement. Neither "fixmytax" / KCPL license or promise that the online services offered by it are free from bugs or errors; nor guarantee about the performance, accuracy, or reliability of the services or their ability to meet your requirements in toto. "fixmytax" / KCPL is offering services as an attempt to assist in preparation of replies to Notices (Income Tax, GST & Others) and filing of Tax Returns (Income Tax & GST) and in no manner diminishes your liability or discretion for independently using the service offered at "fixmytax" / KCPL. User i.e. assessee's are exclusively responsible for providing correct & accurate information at the portal of "fixmytax" / KCPL. Any desired or guaranteed result as desired by the user is not warranted / assured by the "fixmytax" / KCPL in any manner what-so-ever.
"fixmytax" / KCPL has entered into developmental agreement with XoQoVo Private Limited and also Joint Venture Agreement with Infotrust Singapore Pte. Ltd. for smooth operations and enhance the production, productivity and cost effectiveness of the web / app amongst the masses; whereas any act done by them at their own discretion in any manner shall not make liable "fixmytax" / KCPL for any damages arising to the user / society at large.
7. Compensation on Liability and Damages in case of
As aforesaid no matter what-so-ever liability or damage occurred to the user while availing the services of "fixmytax" / KCPL; the user shall not be eligible for any damages; if any adverse outcome / result is due to the wrong information / data supplied by the user. Further any damages arising out as enumerated in this Agreement; the reimbursement for damages will be restricted to the fees paid by the user for availing that particular service due to which such damage has arose.
By accepting to this Agreement, you agree that at any time any liability for claim or damages arising out of use of services of "fixmytax' / KCPL shall not be the liability of "fixmytax' / KCPL due to any of the following:
- Any charges for obtaining updates of services of "fixmytax" / KCPL;
- Any use of the reply / documents / Tax Returns resulting in by use of services of "fixmytax" / KCPL;
- Any additional increase in fees or other expenses due to troubleshooting or methodical support for the services offered by "fixmytax" / KCPL.
- User's incapacity to use the services offered by "fixmytax" / KCPL;
By accepting this Agreement; the user appreciates that elementary purpose of this Agreement can be achieved even with the limitations on liabilities as inscribed in this Agreement. Further, the user understands that "fixmytax" / KCPL cannot offer the services without these limitations.
8. Demographical / Geographical Locations
All the web-site / app services are available at all geographical locations; however, depending on your area, certain services may not be available at your geographical location. Availability or eligibility for any / all the services of the KCPL and/or "fixmytax" is the absolute discretion of "fixmytax" / KCPL as per law of land.
9. E-Payments
"fixmytax" / KCPL is no manner liable for any loss arising directly or indirectly due to decline / failure of any transaction on account of net-banking / debit card / credit card / UPI or any other means of merchandise payment, on account of the user having exceeded the pre-set limit mutually agreed between "fixmytax" / KCPL and its Bankers or any network connection failure.
10. Bar & Limitations
You will not, directly or indirectly:
- Eliminate any proprietary marks / signs on the services availed from "fixmytax" / KCPL.
- Try to ascertain / derive source code of the product / services available at the web-site / app of "fixmytax" / KCPL.
- Replicate the services offered by "fixmytax" / KCPL in any manner what- so-ever either electronically or manually without the written permission of the owners.
- Use the services offered by "fixmytax" / KCPL in any manner other than that intended by KCPL for the benefit of any other person than himself and shall indemnify any loss occurring to the "fixmytax" / KCPL; if any arising out of such misuse and misrepresentation including counsel's fee and other allied expenses.
- Attempt to incapacitate or sidestep the services offered by "fixmytax" / KCPL. The user of the Agreement is bound to follow all the terms and conditions expressly mentioned in this Agreement and any breach of the clauses shall be assessee's sole responsibility. Further; the "fixmytax" / KCPL reserves all the rights not expressly permitted in this Agreement.
11. Security
User undertakes to take rational security precautions to safeguard the user ID and password allotted to him / her or their for availing service of "fixmytax" / KCPL. If there is any unauthorised use of user ID / password given to the user; then it shall be immediately communicated to team of "fixmytax" / KCPL. The user is solely responsible to keep confidential user ID / password provided to him / her / them. "fixmytax" / KCPL is no manner responsible for any virus or spyware attack or cyber-crime on their personal computers or network connections.
12. Calling, SMS, WhatsApp, Telegram & Other Similar Platforms Policy
The user by agreeing to this Agreement gives specific rights to "fixmytax" / KCPL to send call/emails/ SMS / WhatsApp / Telegram Message; alert service from the numbers / e-mails of "fixmytax" / KCPL even if the same are registered with National Do Not Call / Listed in National Customer Preference Register. Further, the user also approves that he / she / they will not lodge any complaint against "fixmytax" / KCPL for sending of messages from afore-mentioned mediums before the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or any such other applicable regulations including any amendment thereof, as may be applicable from time to time.
13. Accord to E-Communications
This consent to e-communications facilitates:
- Users' accord for e-delivery of all "Requisite Revelations" for use of the services of "fixmytax" / KCPL. The term "Requisite Revelations" of this Agreement implies all notices, query, Tax Returns, communications, or any other information required under statute / voluntarily for use of the services of "fixmytax" / KCPL by the user.
- Any significant information / detail as required under the Information Technology Act 2000 as amended.
Opportunity of Consent
Users' consent to receive "Requisite Revelations" electronically is applicable on all "Requisite Revelations" in relation to users access for services of "fixmytax" / KCPL.
Consent
User hereby understands that he / she / they agree and give accord for e- delivery of "Requisite Revelations". The user also appreciates that he / she / they do not require any additional paper other than "Requisite Revelations" from "fixmytax" / KCPL unless specifically wished / solicited. On giving approval for call /emails / SMS / WhatsApp / Telegram Message alert service; the user accords permission & irrevocable right to receive call /emails / SMS / WhatsApp / Telegram Message alerts as forwarded by "fixmytax" / KCPL.
15. Indemnification
The user agrees to defend and hold not guilty "fixmytax" / KCPL and its officers, employees, representatives, directors and agents from and against any and all claims, suits, losses, liabilities, penalties, damages (including related and consequential damages), costs and expenses (including reasonable counsels' fees and expenses) consequential from or arising out of breach of this Agreement by the user.
16. Expiry or Termination of Agreement
Notwithstanding anything contained in this Agreement; this Agreement may be terminated by "fixmytax" / KCPL if the user does not abide by the terms and conditions as laid down in this Agreement. Further, on cessation of this Agreement the user shall without any delay; immediately extinguish / purge all the documents in relation to services availed from "fixmytax" / KCPL and confirm the same in writing to "fixmytax" / KCPL.
17. Redressal of Dispute
In case of any dispute arising between the parties to this Agreement; the same shall be subject to jurisdiction of High Court of Judicature at Allahabad – Allahabad Bench.