Terms and Conditions

This Online Services Agreement (the “Agreement”) is a legally binding contract between you and SSBA Innovations Pvt Ltd (also referred as SSBA Innovations).

This Agreement governs your use of any of the following:

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

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, SSBA Innovations 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 SSBA Innovations’ online computer service available at https://www.taxbuddy.com/ or an approved third-party website as SSBA Innovations may direct. Terms and conditions for use of website of SSBA Innovations shall also be made applicable for accessing, using website of SSBA Innovations and if there is any conflict or inconsistency found between these two, terms and conditions of this Agreement shall prevail as regard 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

Restrictions.

You will not, directly or indirectly:

  1. 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;
  2. 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 SSBA Innovations 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;
  3. duplicate the Products and Services by any means, including electronically;
  4. remove any proprietary notice, labels, or marks on or in the Products and Services;
  5. derive or attempt to derive any source code for the Products and Services; or
  6. 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. SSBA Innovations reserves all rights not expressly granted to you.
3

Intellectual Property Rights.

SSBA Innovations, 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 SSBA Innovations and 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 SSBA Innovations 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. SSBA Innovations and its Affiliates are the exclusive owners of the copyright for the Products and Services and SSBA Innovations 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 SSBA Innovations, 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 SSBA Innovations, its Affiliates or its licensors, as applicable.

Privacy. Your use of the Products and Services is subject to SSBA Innovations’ privacy notice, made available to you in full at:

https://www.taxbuddy.com/privacy-policy/ (“Privacy Notice”). SSBA Innovations 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 SSBA Innovations makes a material change to the Privacy Notice, SSBA Innovations will notify you by using one of the following methods:

  • SSBA Innovations will post a notice on our web site describing the change; or
  • SSBA Innovations will 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, SSBA Innovations will collect and transmit your Tax Information to the Income Tax Department (“ITD”) in the required electronic format. SSBA Innovations will 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 taxbuddy website would be:

User flow:

  • Logs in
  • Data input
    1. Manual
    2. Automatic

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

  1. 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 SSBA Innovations cannot 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 SSBA Innovations control). If an SSBA Innovations online Assisted portal does not file your tax return, SSBA Innovations’ 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: SSBA Innovations may 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 SSBA Innovations’ Online Assisted Service. After you select and avail the Online Assisted Service, SSBA Innovations will, 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. SSBA Innovations 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 SSBA Innovations and review information provided or prepared by SSBA Innovations in a timely manner and reasonably in advance of any applicable tax filing deadlines. SSBA Innovations reserves the right to refuse to provide the Online Assisted Service to any person or other services or tax schedules.

  2. Automatic Importing of Tax Information.

    SSBA Innovations’ Products and Services may include functionality that will allow you to electronically import certain Tax Information (e.g. Form 16) directly into the Software. SSBA Innovations does 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, SSBA Innovations is 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.

  3. Accurate Calculations Guarantee.

    Subject to the conditions below, SSBA Innovations 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 SSBA Innovations, provided that the penalty and interest were incurred solely and directly as a result of:

    1. an arithmetic error made by the Software; or
    2. incorrect advice provided to you in connection with the Online Assisted Service. SSBA Innovations will 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 SSBA Innovations. 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:

    1. the penalty and interest is for your FY 2017-18 tax return;
    2. 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 SSBA Innovations, an incorrect interpretation of the law by you or any other reason outside the control SSBA Innovations;
    3. you notified SSBA Innovations at SSBA Innovations 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 SSBA Innovations complete 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 SSBA Innovations reasonably requests;
    4. you took any action reasonably requested by SSBA Innovations, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing;
    5. 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;
    6. 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;
    7. you paid the applicable fees, if any, to SSBA Innovations for license of the Software and any applicable Products and Services, as applicable, at the time of the filing of your tax return;
    8. the penalty or interest must not be based upon incorrect advice you receive from SSBA Innovations that you knew was incorrect at the time you filed your return; and
    9. 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 SSBA Innovations’ entire obligation and liability, and your sole and exclusive remedy, for any errors in your return caused by the products and services or SSBA Innovations. 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, SSBA Innovations 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. SSBA Innovations 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 SSBA Innovations make any other promises about the performance, accuracy, or reliability of the products and services or their ability to meet your requirements. SSBA Innovations 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. SSBA Innovations and its affiliates and franchisees do not warrant any particular results that you may obtain in using the products and services.

    You acknowledge that SSBA Innovations 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.

4

Limitations on Liability and Damages.

Except as expressly permitted, your exclusive remedy and the entire liability of SSBA Innovations and its licensors with respect to your use of the products and services shall be limited to the amount paid by you to SSBA Innovations for the products and services. In case you have availed the product or service for free, then the maximum total liability of SSBA Innovations shall be restricted to inr 50. In no event will SSBA Innovations 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 SSBA Innovations or its licensors have been advised of the possibility of such damages.

You agree that SSBA Innovations 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:

  1. your use of, or inability to use, the Products and Services;
  2. your use of any documents generated by the Products and Services;
  3. 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;
  4. connection or toll charges for using the Products and Services or obtaining updates for the Products and Services; or
  5. 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 SSBA Innovations would not be able to offer the Products and Services on an economical basis without these limitations.

5

Consent to Electronic Communications.

This consent to electronic communications provides

  1. important information required by the Information Technology Act 2000 and
  2. 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 SSBA Innovations.

Consent

You agree and consent to the electronic delivery of Required Disclosures. You also agree that SSBA Innovations 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 SSBA Innovations.

6

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.
7

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 SSBA Innovations 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.

8

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 Mumbai, India.
9

Indemnification

You agree to defend and hold harmless SSBA Innovations 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.
10

Termination

Without prejudice to any other rights, SSBA Innovations 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 SSBA Innovations your compliance with this Section.