Terms of
service agreement
Last
revision: [22 September 2023]
Please
read these terms of service agreement carefully.
By
using the website or ordering courses, newsletter or service from this website
you agree to bound by all of the terms and conditions of this
agreement. The platform is Fintaxpro Advisory LLP, having LLPIN AAU-2599,
a limited liability partnership incorporated under Limited Liability
Partnership Act, 2008, having its registered office PLOT No 92A, KH NO 417 1st Floor
Kirari Suleman Nagar, Street No 2, North West Delhi 110086 and corporate office
at 2nd Floor,
Pocket 8, Sector 21, Rohini Delhi 110086
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). 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.
I.ABOUT
THE PLATORM AND THE SERVICES
This
platform offers online educational courses, services, consultancy &
newsletter related to taxation. By placing an order for courses, service,
newsletter through this Website, you agree to the terms set forth in this
Agreement.
1. Customer
Solicitation: Unless you notify our third-party call
centre reps or direct Fintaxpro Advisory LLP sales reps, while they are calling
you, of your desire to opt out from further direct company communications and
solicitations, you are agreeing to continue to receive further emails and call
solicitations Fintaxpro Advisory LLP and its designated in house or third party
call team(s).
2. Opt
Out Procedure: We provide easy ways to opt out of from
future solicitations. You may write us mail @ info@fintaxpro.in
3. Proprietary
Rights: Fintaxpro Advisory LLP has proprietary
rights and trade secrets in the Courses, Newsletters. You may not copy,
reproduce, resell or redistribute any Courses, Newsletter by Fintaxpro Advisory
LLP. Fintaxpro Advisory LLP also has rights to all trademarks and trade dress
and specific layouts of this webpage, including calls to action, text
placement, images and other information.
4. Sales
Tax & GST: All the sale generated through website
is subject to GST as per CGST Act,2017 and DGST Act,2017. All supplies made
through website shall be treated as business to customer (B2C) supply and all
prices shown on website are inclusive of GST. Any business buying our course
need to provide GST details on our official mail info@fintaxpro.in otherwise
the sale shall be treated as B2C supply only.
5.
Billing & Invoice: KITC- Krishna Investment & Tax Consultants is
authorized partner of FinTaxPro to sell courses and duly authorized to collect
payment and issue invoice.
II.WEBSITE
1. Content;
Intellectual Property; Third Party Links. In addition to making Courses,
Newsletters available, this Website also offers information and marketing
materials. Fintaxpro Advisory LLP does not always create the information
offered on this Website; instead, the information is often gathered from other
sources. To the extent that Fintaxpro Advisory LLP does create the content on
this Website, such content is protected by intellectual property laws of the
India, foreign nations, and international bodies. Unauthorized use of the
material may violate copyright, trademark, and/or other laws. You acknowledge
that your use of the content on this Website is for personal, non-commercial
use. Any links to third-party websites are provided solely as a convenience to
you. Fintaxpro Advisory LLP does not endorse the contents on any such
third-party websites. Fintaxpro Advisory LLP is not responsible for the content
of or any damage that may result from your access to or reliance on these
third-party websites. If you link to third-party websites, you do so at your
own risk.
2. Use
of Website; Fintaxpro Advisory LLP is not responsible
for any damages resulting from use of this website by anyone. You will not use
the Website for illegal purposes. You will (1) abide by all applicable local,
state, national, and international laws
and regulations in your use of the Website (including laws regarding
intellectual property), (2) not interfere with or disrupt the use and enjoyment
of the Website by other users, (3) not resell material on the Website, (4) not
engage, directly or indirectly, in transmission of “spam”, chain letters, junk
mail or any other type of unsolicited communication, and (5) not defame,
harass, abuse, or disrupt other users of the Website
3. License.
By using this Website, you are granted a limited, non-exclusive,
non-transferable right to use the content and materials on the Website in
connection with your normal, non-commercial, use of the Website. You may not
copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express written authorization from Fintaxpro
Advisory LLP or the applicable third party (if third party content is at
issue).
4. Posting.
By posting, storing, or transmitting any content on the Website, you hereby
grant Fintaxpro Advisory LLP a perpetual, worldwide, non-exclusive,
royalty-free, assignable, right and license to use, copy, display, perform,
create derivative works from, distribute, have distributed, transmit and assign
such content in any form, in all media now known or hereinafter created,
anywhere in the world. Fintaxpro Advisory LLP does not have the ability to
control the nature of the user-generated content offered through the Website.
You are solely responsible for your interactions with other users of the
Website and any content you post. Fintaxpro Advisory LLP is not liable for any
damage or harm resulting from any posts by or interactions between users.
Fintaxpro Advisory LLP reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content
Fintaxpro Advisory LLP deems objectionable, in Fintaxpro Advisory LLP ‘s sole
discretion.\
III.
DISCLAIMER OF WARRANTIES
1. Your
use of this website and/or courses, newsletters are at your sole risk. the
website and courses, newsletters are offered on an “as is” and “as available”
basis. fintaxpro advisory llp expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose and non-infringement with
respect to the courses, newsletters or website content, or any reliance upon or
use of the website content or courses, newsletters. (“courses, newsletters”
include trial courses, newsletters.)
2. Without
limiting the generality of the foregoing, FinTaxPro advisory LLP makes no
warranty:
3. That
the information provided on this website is accurate, reliable, complete, or
timely.
4. That
the links to third-party websites are to information that is accurate,
reliable, complete, or timely.
5. No
advice or information, whether oral or written, obtained by you from this
website will create any warranty not expressly stated herein.
6. As
to the results that may be obtained from the use of the courses, newsletters or
that defects in courses, newsletters will be corrected.
7. Regarding
any courses, newsletters purchased or obtained through the website.
8. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the
above exclusions may not apply to you.
IV.
Limitation of liability
1. Fintaxpro
Advisory LLP entire liability, and your exclusive remedy, in law, in equity, or
otherwise, with respect to the website content and courses, newsletters and/or
for any breach of this agreement is solely limited to the amount you paid, less
shipping, payment gateway and handling, for courses, newsletters purchased via
the website.
2. Fintaxpro
Advisory LLP will not be liable for any direct, indirect, incidental, special
or consequential damages in connection with this agreement or the courses,
newsletters in any manner, including liabilities resulting from (1) the use or
the inability to use the website content or courses, newsletters; (2) the cost
of procuring substitute courses, newsletters or content; (3) any courses,
newsletters purchased or obtained or transactions entered into through the
website; or (4) any lost profits you allege.
3. Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations may not
apply to you.
V.INDEMNIFICATION
You will release, indemnify, defend and hold
harmless Fintaxpro Advisory LLP, and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable attorneys’ fees and
expenses, of third parties relating to or arising out of (1) this Agreement or
the breach of your warranties, representations and obligations under this
Agreement; (2) the Website content or your use of the Website content; (3) the
Courses, Newsletters or your use of the Courses, Newsletters (including Trial
Courses, Newsletters); (4) any intellectual property or other proprietary right
of any person or entity; (5) your violation of any provision of this Agreement;
or (6) any information or data you supplied to Fintaxpro Advisory LLP. When
Fintaxpro Advisory LLP is threatened with suit or sued by a third party,
Fintaxpro Advisory LLP may seek written assurances from you concerning your
promise to indemnify Fintaxpro Advisory LLP; your failure to provide such
assurances may be considered by Fintaxpro Advisory LLP to be a material breach
of this Agreement. Fintaxpro Advisory LLP will have the right to participate in
any defence by you of a third-party claim related to your use of any of the
Website content or Courses, Newsletters, with counsel of Fintaxpro Advisory LLP
choice at its expense. Fintaxpro Advisory LLP will reasonably cooperate in any
defence by you of a third-party claim at your request and expense. You will
have sole responsibility to defend Fintaxpro Advisory LLP against any claim,
but you must receive Fintaxpro Advisory LLP prior written consent regarding any
related settlement. The terms of this provision will survive any termination or
cancellation of this Agreement or your use of the Website or Courses,
Newsletters.
VI.PRIVACY
Fintaxpro Advisory LLP believes strongly in
protecting user privacy and providing you with notice of FinTaxPro use of data.
Please refer to Fintaxpro Advisory LLP privacy policy, incorporated by
reference herein, that is posted on the Website. https://fintaxpro.in/privacy-policy-2/
VII.AGREEMENT
TO BE BOUND
By
using this Website or ordering Courses, Newsletters, you acknowledge that you
have read and agree to be bound by this Agreement and all terms and conditions
on this Website.
VIII.
Pricing
Course prices are always subject to change. In
case of price reduction existing student cannot ask for refund of the
difference amount. In case of price increase of a specific course FinTaxPro
shall not ask for extra difference from students. Also, any promotional
offer/discount is subject to the condition and eligibility of offer and
existing student, if not eligible, cannot ask for discount/refund/offer.
IX.
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 https://fintaxpro.in/privacy-policy-2/ .
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 info@fintaxpro.in
X.
GENERAL
1. Force
Majeure. Fintaxpro Advisory LLP will not be deemed in default hereunder or held
responsible for any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm, natural disaster,
act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
2. Cessation
of Operation. Fintaxpro Advisory LLP may at any time, in its sole discretion
and without advance notice to you, cease operation of the Website and
distribution of the Courses, Newsletters.
3. Entire
Agreement. This Agreement comprises the entire agreement between you and
Fintaxpro Advisory LLP and supersedes any prior agreements pertaining to the
subject matter contained herein.
4. Effect
of Waiver. The failure of Fintaxpro Advisory LLP to exercise or enforce any
right or provision of this Agreement will not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavour to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of this Agreement remain in full
force and effect.
5. Governing
Law; India. This Website originates from the PLOT No 92A, KH NO 417 1st Floor
Kirari Suleman Nagar, Street No 2, North West Delhi 110086 and corporate office
at 2nd Floor,
Pocket 8, Sector 21, Rohini Delhi 110086. This Agreement will be governed by
the Information Technology Act,2000 and rules made thereunder, Indian Contract
Act,1872, Copyright Act 1957 and laws of the State of Law without regard to its
conflict of law principles to the contrary. Neither you nor Fintaxpro Advisory
LLP will commence or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement, to recover damages for breach of or default of
this Agreement, or otherwise arising under or by reason of this Agreement,
other than in courts located in State of Delhi By using this Website or
ordering Courses, Newsletters, you consent to the jurisdiction and venue of
such courts in connection with any action, suit, proceeding or claim arising
under or by reason of this Agreement. You hereby waive any right to trial by
jury arising out of this Agreement and any related documents.
6. Statute
of Limitation. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website or
Courses, Newsletters or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
7. Waiver
of Class Action Rights. By entering into this agreement, you hereby irrevocably
waive any right you may have to join claims with those of other in the form of
a class action or similar procedural device. any claims arising out of,
relating to, or connection with this agreement must be asserted individually.
8. Fintaxpro
Advisory LLP reserves the right to terminate your access to the Website if it
reasonably believes, in its sole discretion, that you have breached any of the
terms and conditions of this Agreement. Following termination, you will not be
permitted to use the Website and Fintaxpro Advisory LLP may, in its sole
discretion and without advance notice to you, cancel any outstanding orders for
Courses, Newsletters. If your access to the Website is terminated, Fintaxpro
Advisory LLP reserves the right to exercise whatever means it deems necessary
to prevent unauthorized access of the Website. This Agreement will survive
indefinitely unless and until Fintaxpro Advisory LLP chooses, in its sole
discretion and without advance to you, to terminate it.
9. Domestic
Use. Fintaxpro Advisory LLP makes no representation that the Website or
Courses, Newsletters are appropriate or available for use in locations outside
India. Users who access the Website from outside India do so at their own risk
and initiative and must bear all responsibility for compliance with any
applicable local laws. assignment. you may not assign your rights and
obligations under this agreement to anyone. Fintaxpro Advisory LLP may assign
its rights and obligations under this agreement in its sole discretion and
without advance notice to you.by using this website or ordering courses,
newsletters from this website you agree to be bound by all of the terms and
conditions of this agreement.
XI.
Grievance Officer
As per IT Act 2000 and rules made thereunder
grievance officer details are as follows-
Vivek Awasthi
8368741773
vivek@fintaxpro.in
2nd Floor, 11, Pocket 8, Sec 21, Rohini Delhi
110086