This Online Services Agreement (the “Agreement”) is a legally binding contract between you and clickNTax Private Limited.
For purposes of this Agreement, “Products and Services” means the items listed in (1)-(4) above collectively, individually, or any combination thereof. The Products and Services may be provided by clickNTax and additional terms and conditions may apply to some Products and Services. If so, they will be provided to you at the time you elect to use the Product or Service. Be sure that you carefully read and fully understand this Agreement.
You agree that this agreement is enforceable like any written negotiated agreement signed by you. ClickNTax is willing to license and provide access to the products and services to you only on the condition that you accept all of the terms of this agreement. You acknowledge that you have read all of the terms and conditions of this agreement, understand them and agree to be legally bound by them. 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.
If you are under the age of 18, you may not use the Products or Services. Subject to the terms and conditions of this Agreement and the payment of all applicable fees, ClickNTax 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 business 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 ClickNTax’s online computer service available at https://www.clickntax.com/. Terms and conditions for use of website of ClickNTax shall also be made applicable for accessing, using website of ClickNTax 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).
You will not, directly or indirectly:
ClickNTax, 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 ClickNTax 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 ClickNTax 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. ClickNTax and its Affiliates are the exclusive owners of the copyright for the Products and Services and ClickNTax 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 ClickNTax, 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 ClickNTax, its Affiliates or its licensors, as applicable.
Privacy. Your use of the Products and Services is subject to ClickNTax’s privacy notice, made available to you in full at: https://wwwclickntax.com/privacy-policy/ (“Privacy Notice”). ClickNTax 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 ClickNTax makes a material change to the Privacy Notice, ClickNTax will notify you by using one of the following methods:
(1) ClickNTax will post a notice on our web site describing the change; or
(2) ClickNTax 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, ClickNTax will collect and transmit your Tax Information to the Income Tax Department (“ITD”) in the required electronic format. ClickNTax 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.
You understand and agree that e-filing may not be available in some circumstances. You further understand and agree that ClickNTax 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 ClickNTax’s control). If an ClickNTax tax professional does not file your tax return (e.g., through Online Assisted), ClickNTax’s 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 ITD 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 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. ClickNTax 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 ClickNTax’s Online Assisted Service. If you select and avail the Online Assisted Service, ClickNTax 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. ClickNTax 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 ClickNTax and review information provided or prepared by ClickNTax in a timely manner and reasonably in advance of any applicable tax filing deadlines. ClickNTax reserves the right to refuse to provide the Online Assisted Service to any person or to charge an additional hourly service fee for manual data entry or other services or tax schedules.
ClickNTax’s Products and Services may include functionality that will allow you to electronically import certain Tax Information (e.g. Form 16) directly into the Software. ClickNTax 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, ClickNTax 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.
Subject to the conditions below, ClickNTax agrees to reimburse you, after you pay the ITD, for the amount of the penalty and interest paid by you in connection with the tax return filed through ClickNTax that you would otherwise not have been required to pay, up to a maximum of the amount of fees paid to ClickNTax, provided that the penalty and interest were incurred solely and directly as a result of:
In no event will ClickNTax reimburse you for more than an aggregate of the fees paid by you in interest and penalties owed to the ITD based upon all tax returns you filed for the Financial Year using the Software. This section states ClickNTax’s entire obligation and liability, and your sole and exclusive remedy, for any errors in your return caused by the products and services by ClickNTax, 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.
If you find another do-it-yourself tax software preparation method that results in a larger refund (or smaller tax liability) than that calculated by the Software for your personal or business tax returns, ClickNTax will refund the purchase price of the Software and you may file an amended return using our tax software program at no additional cost. To qualify, the smaller tax liability must not be due to differences in data supplied by you, your choice not to claim a deduction or credit, or positions taken on your return that are contrary to law or the ITD’s regulations. To make a claim, mail a copy of the tax return created by the Software as well as the tax return prepared by the alternative tax software preparation method (and any other relevant information reasonably requested by ClickNTax) to ATTN: Managing Director, ClickNTax (India) Private Limited, 3rd Floor, Anand Square, Survey No. 232, H. No. 1+2, Sakore Nagar, Viman Nagar, Pune – 411014, within the same Financial Year in which your tax return was prepared and filed. Returns prepared by any other ClickNTax-branded tax preparation solution are not qualifying alternative tax preparation methods. This Section does not apply to supplemental products or services you may have obtained as a result of, or through, your use of the Software. 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.
ClickNTax will use commercially reasonable efforts to make the Software (or a comparable replacement program) available until March 31 of the financial year in which the return was filed, subject to maintenance, testing and other limitations described in this Agreement.
Other than those express warranties set forth in this agreement, ClickNTax 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. ClickNTax 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 ClickNTax make any other promises about the performance, accuracy, or reliability of the products and services or their ability to meet your requirements. ClickNTax 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. ClickNTax and its affiliates and franchisees do not warrant any particular results that you may obtain in using the products and services. You acknowledge that ClickNTax 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.
Except as expressly permitted by sections 8 and 9, your exclusive remedy and the entire liability of ClickNTax and its licensors with respect to your use of the products and services shall be limited to the amount paid by you to ClickNTax for the products and services. In case you have availed the product or service for free, then the maximum total liability of ClickNTax shall be restricted to INR 100. In no event will ClickNTax 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 ClickNTax or its licensors have been advised of the possibility of such damages.
You agree that ClickNTax 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:
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 ClickNTax.
Hardware and Software Requirements
In order to access, view, and retain Required Disclosures, you must have the following:
Method of Delivery
ClickNTax may provide Required Disclosures to you: (1) via e-mail at the e-mail address you designated to ClickNTax (if any); (2) by access to the ClickNTax website that will generally be designated in advance for such purpose or designated in an e-mail notice to you; or (3) in the course of your use of the Products and Services including, without limitation, via a screen or page within the Products and Services or via a link from within the Products and Services to a web page containing the Required Disclosures.
Withdrawing Consent/Updating Information
If you want to withdraw your consent to receive Required Disclosures electronically or your e-mail address changes, you must notify ClickNTax in writing at the following address: ClickNTax (India) Private Limited, 3rd Floor, Anand Square, Survey No. 232, H. No. 1+2, Sakore Nagar, Viman Nagar, Pune – 411014, Attn: Managing Director. Please provide your physical address and e-mail address to request the change. If you fail to notify ClickNTax of a change in e-mail address, you understand and agree that any communications sent via e-mail shall nevertheless be deemed to have been provided or made available to you in electronic form. If you choose to withdraw your consent to receive Required Disclosures electronically, then you may be unable to access certain features or functionality that would otherwise be made available to you, or ClickNTax may terminate your License to use the Products and Services. Some notices may be “one-time” notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.
All Required Disclosures Are “In Writing”
All Required Disclosures electronic format from ClickNTax to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Required Disclosure that is important to you.
Consent
You agree and consent to the electronic delivery of Required Disclosures. You also agree that ClickNTax does not need to provide you with an additional paper (non-electronic) copy of the Required Disclosures unless specifically requested as described above.
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 ClickNTax 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.
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 Pune, Maharashtra only.
You agree to defend and hold harmless ClickNTax 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.
Without prejudice to any other rights, ClickNTax 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 ClickNTax your compliance with this Section.
(A)Governing Law: This Agreement shall be governed by the laws of India, without regard to choice of law or conflicts of law provisions.
(B)Entire Agreement:This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof, and it supersedes all previous communications, representations or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of ClickNTax, which are not included in this Agreement, shall be binding on ClickNTax.
(C)Amendments:ClickNTax may, in its sole discretion, change the terms of this Agreement or make changes related to any aspect of the Products and Services. If this occurs, ClickNTax will provide notice to you via any means ClickNTax deems reasonable including, without limitation, e-mail, posting on an ClickNTax website, or updates to the Products and Services. Continued use of the Products and Services after ClickNTax provides any such notice shall constitute your acceptance of the changes and the Agreement (as amended).
(D)Waiver:No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of ClickNTax. ClickNTax’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
(E)Severability: If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
(F) NoticesExcept as otherwise indicated, any notices under this Agreement to ClickNTax must be personally delivered or sent by certified or registered mail, return receipt requested to ClickNTax (India) Private Limited, 3rd Floor, Anand Square, Survey No. 232, H. No. 1+2, Sakore Nagar, Viman Nagar, Pune – 411014, Attn: Managing Director, or to such other address as ClickNTax may specify in writing. Such notices will be effective upon receipt, which may be shown by confirmation of delivery.
(G)Miscellaneous:Any and all references in this Agreement to ClickNTax will, where the context so permits, include ClickNTax’s and its respective directors, officers, employees, contractors and agents. All provisions of this Agreement which are intended to survive or which must survive in order to give effect to its meaning will survive the termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.
(H)Third Party Beneficiaries; AssignmentThis Agreement is solely between you and ClickNTax. ClickNTax’s respective licensors, and suppliers will be deemed to be third party beneficiaries of this Agreement solely to the extent necessary for them to enforce any protections afforded them by this Agreement. All rights and benefits of this Agreement from ClickNTax are intended solely for the original purchaser of the Products and Services. You may not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. ClickNTax may assign this Agreement in its sole discretion and will use reasonable efforts to notify you of an assignment. The remedies and all other rights and benefits provided under this Agreement are personal to the original purchaser of the Products and Services from ClickNTax or from its authorized reseller and such rights and benefits may not be assigned or otherwise transferred to any other party. This Agreement shall inure to the benefit of ClickNTax and its respective permitted successors and assigns.
(I)Taxation:The taxability of the Products and Services will be determined and governed by the purchase agreement or invoice for the specific Products and Services used or paid for.
