Welcome to www.taxexceller.com (the "Website"). The use of this website, the services on this website, and/or any other websites or applications associated with Tax Exceller are subject to the following Terms and Conditions (hereinafter referred to as “Terms of Service”/ “Terms and Conditions”/ “Terms”), all parts and sub-parts of which are specifically incorporated by reference here. In these Terms, the terms “Tax Exceller” “we,” and “us” refers to Tax Exceller Private Limited and its respective subsidiaries, Directors, employees, consultants and sub-contractors and the terms “You”, “Your”, “User” refers to Tax Exceller’s Users.

By accessing and using the Website, you have read, understood, and hereby agree to be bound by all the terms and conditions, including the limitations on liability set forth herein. If you do not agree to these Terms, please do not use the Website.

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1. USE OF WEBSITE      

• Tax Exceller is a platform that renders tax and regulatory services. In order to accept the Terms and to use the Website, the user must be at least 18 years of age ("Minimum Age"). The site is not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Tax Exceller.com, the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.

• In order to respond to the queries raised by the User and to provide advice about tax matters, User may need to provide information about their income, notices received, income tax return submitted, financial statements, tax audit report, etc. as applicable. This information is known as Required Information. User hereby agrees that any information User gives to Tax Exceller will always be accurate, correct, and up to date.

• Tax Exceller will conduct online consultation, advisory, opinion, resolution from its experts/ professionals to provide virtual consultation, replies, suggestions, recommendations as appropriate based on information and documentation provided by the User.

 

2. ACCOUNT REGISTRATION 

• User may be required to register himself before availing the Online Services on Tax Exceller’s digital platform for which User may need to fill-up all the required information like name, contact no. email id etc. After successful registration, User can log in with the help of User ID and Password provided by the Digital platform to manage their account. You agree to provide accurate and complete information when registering for an account and to update your account information as necessary.

• User hereby agrees and understands that User is responsible for maintaining the confidentiality of passwords associated with the account which User uses to access the Online Services. Accordingly, the User agrees that he/she will be solely responsible to Tax Exceller for all activities that occur under User’s account. If the User becomes aware of any unauthorized use of his/her password or his/her account, the User agrees to notify the same to Tax Exceller immediately.

 

3. CONSULTATION FEES

Tax Exceller’s Online Service is a platform that allows the User to connect and consult with Experts, and to avail other services in the areas of tax and regulatory. Tax Exceller prescribes the fees on the website or through communication over email pursuant to discussion with the user. The prescribed fees can be paid through payment gateway facility provided on the website or through any other legal mode as may be mutually agreed.

 

The pricing of Tax Exceller’s Service Plans is subject to revision from time to time, without any prior intimation or approval from the Users. However, once a User has purchased a service plan at a specified price depicted at Tax Exceller site, then after such purchase, the subsequent revision in pricing of the purchased service plan shall not affect the User, in any manner, for that purchased service plan.                

 

4. CANCELLATIONS AND REFUNDS

Under certain circumstances, including but not limited to, if there has been duplication of payment in error, User may be able to cancel a transaction and be eligible for a full refund of the professional fees paid.      

 

The User is required to send an e-mail to contact@taxexceller.com email id along with the details of complaint. Upon receiving mail, the Senior Management at Tax Exceller shall decide on whether the request for a refund should be processed, contingent on the reasons for such a request. Tax Exceller reserves the right to take the final and binding decision concerning requests for a refund.

 

If Tax Exceller confirms User’s request for a refund, subject to the terms and conditions mentioned herein or elsewhere, Tax Exceller will send an e-mail seeking the details required to refund the amount which may include User’s Bank Account details such as the account number and the IFSC code of the branch in question. User shall note that it will take a minimum of about 4-7 business days from the receipt of all such information to process the refund and initiate the transfer.

 

We would like to clarify that only refunds of the professional fees component of the charges paid by you shall be considered for a refund. No refund could be provided for third party costs or any other tax or financial matter outside the control of Tax Exceller.

 

However, no cancellation or refund shall be entertained after the commencement of working by Tax Exceller’s team on user’s purchased service plans.                                                          

 

5. PROVISION OF SERVICE 

Tax Exceller 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 Tax Exceller provides may change from time to time without prior notice to you. 

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By availing the services of Tax Exceller, the user agrees to allow Tax Exceller to e-file ITR/submit e response to the e-Proceedings or such similar functionalities on the e-Filing Portal of the Income Tax Department web-site, or to e-file/submit ITR, retrieve ITR-V, refund status, 26AS, GST Returns, GST submissions, ROC compliances, respectively corresponding to the purchased service plans. 

 

You acknowledge and agree that while Tax Exceller 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 Tax Exceller at any time, at Tax Exceller’s discretion. 

 

6. USE OF TAX EXCELLER’S SERVICES BY USER 

In order to enable Tax Exceller to e-file your ITR, to prepare and e-file e-responses/ submissions in relation to your statutory compliances concerning Income Tax, GST, ROC , and to provide advice and consultancy about statutory compliances, you maybe required to provide information about your Login credentials in Income Tax, GST, ROC websites, and relevant records and documents, corresponding to the required services, Collectively, this information is hereby referred to as the “User Information”. In order to use Tax Exceller Services, you will need to provide your “User Information”, at your own risk, without any intended or unintended implication to Tax Exceller. You agree that any “User Information”, you give to Tax Exceller will always be accurate, correct and up to date. 

 

Tax Exceller takes great care in ensuring the correctness, effectiveness and qualitative-ness of all the e- filings/responses/submissions concerning statutory compliances in relation to Income-tax, GST & ROC. All the e-filings/responses/submissions on your behalf shall be uploaded in the respective portals of Income-tax, GST & ROC web-portals, only after obtaining your written approvals and consents and they shall be e-filed/uploaded on your behalf only and Tax Exceller shall have no direct or indirect liability, or responsibility, whatsoever, which may or may not arise, consequent to the processing of such e- filings/responses/submissions by the concerned Income-tax, GST & ROC Authorities. 

 

You agree not to access or use the Services in any manner that could damage, disable, overburden, or impair any Tax Exceller accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Tax Exceller accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Tax Exceller accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Tax Exceller accounts, computer systems or networks without Tax Exceller's express written permission.

 

Unless you have been specifically permitted to do so in a separate agreement with Tax Exceller, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 

 

You agree that you are solely responsible for (and that Tax Exceller 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 Tax Exceller may suffer) of any such breach. 

 

If you are using Tax Exceller’s services for any third person, you should be doing so with the consensus of that third person, after fully understanding the implications of this action. Tax Exceller will not be held responsible if you are doing this without the knowledge/consensus of that third person concerned.

     

7. COLLECTION OF INFORMATION 

We may use cookies on Our Website and apps (as the case maybe) to identify You in order to make our Website more user friendly. Most browsers will permit You to decline cookies but if You choose to do this it might affect service on some parts of our Website. If You choose to make a purchase through the Platform, we collect information about Your buying behaviour. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

 

8. ORGANIZATION, ACCOUNTS AND ADMINISTRATORS

When You sign up for an account for Your organization, You may specify one or more administrators. To the extent as facilitated by the Platform, the administrators will have the right to configure the Services based on Your requirements and manage end users in Your organization account. If Your organization account is created and configured on Your behalf by a third party, it is likely that such third party has assumed administrator role for Your organization. Make sure that You enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of Your organization account.

 

You are responsible for (i) ensuring confidentiality of Your organization account password, (ii) appointing competent individuals as administrators for managing Your organization account, and (iii) ensuring that all activities that occur in connection with Your organization account comply with this Agreement. You understand that Tax Exceller is not responsible for account administration and internal management of the Services for You.

 

You are responsible for taking necessary steps for ensuring that Your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts. In the absence of any specified administrator account recovery process, Tax Exceller may provide control of an administrator account to an individual providing proof satisfactory to Tax Exceller demonstrating authorization to act on behalf of the organization. You agree not to hold Tax Exceller liable for the consequences of any action taken by Tax Exceller in good faith in this regard.

 

9. INACTIVE USER ACCOUNT POLICY 

We reserve the right to terminate user accounts that are inactive for a continuous period. In the event of such termination, all data associated with such user account will be deleted. We will provide You prior notice of such termination and option to back-up Your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep Your user account in another Service active.      

 

10. INTELLECTUAL PROPERTY 

Intellectual Property Rights means intellectual property owned by Tax Exceller, of every sort, whether or not registered or registrable in India or any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, etc.

 

Unless otherwise indicated, the Online Service is Tax Exceller’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website or Digital platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Tax Exceller or licensed to Tax Exceller and are protected by Copyright and Trademark laws and various other intellectual property rights.

 

You may not use any content on the Website for any commercial purpose without our prior written consent.

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11. EXCLUSION OF LIABILITY

Tax Exceller shall not be liable in contract, tort, or otherwise for any damages, loss of revenue, business, anticipated savings or profits, loss of goodwill or data private/business or for any direct or indirect or consequential loss whatsoever, howsoever arising suffered in connection with any Service or outcome therefrom.

 

Neither Tax Exceller nor Expert make any guarantee and/or warranty that access to any Service or outcome therefrom will be uninterrupted, secure, complete, or error-free.

 

Tax Exceller shall not be liable for any penalties, interest, or fines assessed against User by any government or regulatory authority by accessing, using the Online Services or resulting therefrom.

 

Tax Exceller’s total aggregate liability towards the subscriber for any claim in respect of the Services, contract, or otherwise shall be limited to the subscription fees paid by that User for that particular period and service which is subject of any such claim. Tax Exceller’s shall be liable only if any claim is proved in a court of law and which is notified to the Tax Exceller within 3 months of it arising.

  

12. USER REPRESENTATIONS

The User hereby represents and warrants that, User’s usage, access to the Online Service or digital platform will not violate any applicable law or regulations. User shall not misuse, defraud, mislead the information received on Tax Exceller’s digital platform or from the Expert or through Online Service. User is debarred from the use of Online Service for any illegal, forbidden, or unauthorized purpose.

 

If User provides any information that is untrue, inaccurate, manipulated, wrong, not current, or incomplete, with deceitful intention, or misrepresented Tax Exceller reserves the right- to refuse to respond or to suspend or to terminate User’s subscription and/or refuse to deliver any or all current or further services.

 

User shall be liable under appropriate law and order for making improper use of our services or for submitting false reports, fake documents, edited photocopy’s/scan copies, misrepresentation, information or abuse, or misconduct.

 

If User provides information for another individual or person or body corporate (whether registered or not), User should be doing so with the consensus of that individual after fully understanding the implications of this action. Tax Exceller will not be held responsible if the User is doing this without the knowledge/consensus of that person concerned.

 

User warrants that they are fully entitled under law to upload any or all contents, notices, issues, information as part of a profile or to avail services or otherwise on the Tax Exceller’s digital platform while using any of Online Service. User confirms that no such content breaches any third-party rights, including intellectual property rights.

 

After receiving any response on the digital platform, User agrees that the document received may only be used by that particular User for his personal or business use or used by User in connection with his client and may not be sold or redistributed or circulated with any third party without the express written consent of Tax Exceller. Reselling or distributing without permission of Tax Exceller amounts to violation of Tax Exceller’s exclusive copyright and is liable to prosecution and/or any other appropriate legal consequences.

 

User agrees to use the Online Services only to post, send and receive messages and material that are proper and related to the particular Service. By way of example, and not as a limitation, User agrees that while using Online Services, User shall not:

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy) or others.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

 

13. PRIVACY OF PERSONAL INFORMATION OF USERS 

For information about Tax Exceller’s data protection practices, please read Tax Exceller’s privacy policy. This privacy policy explains how Tax Exceller treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Tax Exceller’s privacy policies. 

 

14. CONFIDENTIALITY

Tax Exceller makes every effort to maintain the confidentiality of any information, documentation submitted by Users on the digital platform, and a database of the expert. The User is however warned that the use of the internet or e-mail for confidential or sensitive information is susceptible to risks that inevitably arise on this medium.

 

Subscribing experts using this service should refrain from asking any User to reveal any specific or confidential information through the service. Tax Exceller is not responsible for the release or improper use of such information by Users or any release due to error or failure in the System.

 

15. INDEMNIFICATION

The User agrees that Tax Exceller is not responsible for any harm that his/her use of this service may cause. The User agrees to indemnify, defend, and hold Tax Exceller harmless from and against any or all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service.

 

The User agrees that this defense and indemnity shall also apply to any breach by the User of the agreement or the foregoing representations, warranties, and covenants. The User further agrees that this defense and indemnity shall include without limitation of expert’s fees and costs. The User also agrees that this defense and indemnity shall apply to Tax Exceller, its founders, directors officers, employees and consultants.

Tax Exceller reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not, in any event, settle any matter without the written consent of Tax Exceller.

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16. CORRECTION AND MODIFICATION

Tax Exceller always takes extra-ordinary and adequate care and precaution to ensure the correctness and authenticity of the content, data and pictures, placed on Tax Exceller’s site. However, still there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to such content, data, pictures, service plan descriptions or availability. Any reliance placed by the user on such inaccuracies, or omissions shall not make Tax Exceller responsible or liable in any manner, whatsoever. Tax Exceller reserves the right to correct any such errors, inaccuracies or omissions and to change or update information at any time                 

 

Tax Exceller shall not be liable to the User or any third party for any modification, price change, expert change, suspension, or discontinuous of the service. It is the User’s responsibility to periodically review these Terms and Conditions to stay informed of updates.

 

17. GOVERNING LAW AND JURISDICTION

Mediation

If a dispute arises out of, or in connection with this Contract, the parties would endeavour to resolve the dispute through negotiation. In case if the dispute is not resolved through negotiation, the parties would refer the dispute for mediation. The mediator will be appointed as per mutual consent and would be responsible for carrying out the mediation procedure. The outcome of the mediation would be binding at the option of either party.

 

Arbitration

If the parties do not resolve all of the issues in dispute through mediation, then within 30 days from the date of the mediator's report, or by giving a notice during the mediation process, the parties shall submit those issues to binding arbitration pursuant to the Arbitration & Conciliation Act,1996. The arbitrator shall be appointed by the mutual consent of the parties and the award of the arbitrator would be binding on the parties. Both parties shall maintain confidentiality with respect to any dispute or resolution under this clause.

 

18. DISPUTE/GRIEVANCE RESOLUTION MECHANISM 

In case of any dispute or grievance, such dispute or grievance shall be addressed to contact@tax exceller.com or may be emailed to the Tax Exceller’s Grievance Redressal Officer, Sh. Vishal Anand, at his email id vishal.anand@taxexceller.com. 

 

19. FORCE MAJEURE

Tax Exceller shall not be liable for any failure or unavailability of the Online Service or website as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, damages, unavailability of suppliers, or any other event beyond its control or occurs due to act of god or by an unnatural event.

 

20. INVALIDITY

If any one or more of the provisions contained in this terms & conditions Agreement should be determined to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.

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21. WARRANTIES DISCLAIMER 

This site and all contents of the site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, implied warranties of merchantability, or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Tax Exceller shall not be liable for any damages of any kind related to your use of this site. 

 

22. MODIFICATION OF TERMS 

Tax Exceller may at anytime modify, change, move or delete portions of, or may add to these Terms. It is the User’s responsibility to periodically review these Terms and Conditions to stay informed of updates. Your continued use of the Website after the modified Terms are posted constitutes your acceptance of the modified Terms.

 

23. SUSPENSION AND TERMINATION 

Termination by Us:

We may suspend Your user account or temporarily disable access to whole or part of any service offered by Tax Exceller to You, in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.

 

In addition, we reserve the right (i) to terminate Your user account and deny the Services upon reasonable belief that You have violated the Agreement and (ii) to terminate Your access to any service in case of unexpected technical issues.

 

Objections to suspension or disabling of user accounts should be made to contact@tax exceller.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days.

 

Termination by You:

Termination By You: Upon request, You may terminate this Agreement and stop your use of the Services at any time. We will terminate Your user account on Your request.

 

Consequence of Termination:

Termination of user account will include denial of access to all Services, deletion of information in Your user account such as Your email address and password and deletion of all data in Your user account.

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