This Online Services Agreement (the “Agreement”) is a legally binding contract between you and Pecuniary Matters Management Private Limited (referred to as “PMM”). www.mytaxginie.com (referred to as “My Tax Ginie”) is the platform provided by PMM.
This Agreement regulates your utilization of any of the following:
By indicating your acceptance of this agreement or by accessing, duplicating, or otherwise employing any component of the products and services, you agree to abide by the terms and conditions outlined in this agreement. Should you not concur with the stipulations of this agreement, kindly refrain from accessing, downloading, or using any part of the products and services.
Subject to the conditions and provisions delineated in this Agreement, along with the payment of all relevant fees, My Tax Ginie extends to you a restricted, non-exclusive, individual, non-transferable privilege for utilizing and entering the Products and Services to prepare and electronically submit ("e-file") your tax return(s) (the "License"). Please be aware that utilizing the Products and Services for e-filing tax returns, submitting your Form 16 or 16(A), and preparing, providing information, and submitting income tax returns may necessitate an additional fee. This License allows entry and utilization of the Products and Services solely in accordance with the terms laid out in this Agreement and in compliance with the category of Products and Services for which you have paid all applicable fees. You are exclusively permitted to employ the Products and Services via My Tax Ginie online computer service, available at My Tax Ginie or any endorsed third-party website, as designated by SSBA Innovations. The terms and conditions for using My Tax Ginie website shall be simultaneously applicable for accessing and using the said website, and in cases of conflicting or inconsistent terms between the two, this Agreement's terms and conditions shall take precedence concerning the subject matter discussed herein.
The Products and Services may not be used for offering tax guidance or any other services to third parties. It is understood that, before filing your tax returns, you assume complete responsibility and liability for the comprehensive review of all your Form(s) 16 or 16(A) or any other data impacting your tax situation, ensuring accuracy and completeness. You are also responsible for verifying any outcomes derived from the utilization of the Products and Services.
In the event you intend to employ and access the Products and Services on behalf of other parties, you shall do so with proper authorization to file tax returns for those parties.
You are eligible to use the platform if:
You also confirm that the money you invest is from your own bank account (the primary holder’s bank account in case of an Investment Account held jointly), and the same is earned from legitimate means/sources and remitted through approved banking channels.
Please be aware that not all platform services are available in all geographical areas. Depending on your location, you may not be eligible to avail certain platform services offered by the Company or My Tax Ginie, as the case may be. The Company and/or My Tax Ginie reserve the absolute right to determine the availability and eligibility for any of the platform services offered on the platform.
You are prohibited from engaging in the following actions, directly or indirectly:
You are responsible for all use of the Products and Services and for compliance with this Agreement. Any breach by you or any user of the Products and Services provided to you shall be your responsibility. My Tax Ginie reserves all rights not expressly granted to you.
My Tax Ginie, its Affiliates, or its licensors, as applicable, are the rightful owners of the Products and Services, which are protected under Intellectual Property Laws in India, including trademark and copyright law, and international treaty provisions. The title to the Products and Services and all associated intellectual property rights is owned and shall be exclusively retained by My Tax Ginie its Affiliates, and licensors, as applicable.
Your use of the Products and Services does not confer upon you any ownership interest in the Products and Services or any derivative work or component thereof. This Agreement does not grant you any right, title, or interest in or to any trademark, service mark, logo, or trade name of My Tax Ginie, its Affiliates, or their licensors. You are not allowed to decompile, disassemble, modify, or reverse engineer the Products and Services, seek to derive the source code from any executable object code provided to you, or modify, translate, or create derivative works based on the Products and Services or any part thereof.
My Tax Ginie and its Affiliates hold the exclusive copyright for the Products and Services, and My Tax Ginie reserves all rights related to this ownership. This includes the exclusive right to create 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 the entity making these changes), and all copyrights, patents, trade secrets, trademarks, and other intellectual property rights associated with any aspect of the Products and Services are and shall remain the exclusive property of My Tax Ginie, its Affiliates, or its licensors, as applicable.
Your use of the Products and Services is subject to My Tax Ginie privacy notice, which you can review in full at Privacy Notice My Tax Ginie reserves the right to change the Privacy Notice and the policies described in it, consistent with applicable law. If SSBA Innovations makes a material change to the Privacy Notice, it will notify you using one of the following methods:
When you use the Products and Services, you may be required or requested to supply certain information to prepare your tax return ("Tax Information") and other personal information. If you use the automatic importing of tax information feature 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 the imported Tax Information.
My Tax Ginie will collect and transmit your Tax Information to the Income Tax Department in the required electronic format if you e-file your tax return. My Tax Ginie will retain an electronic copy of your Tax Information and other collected personal information, including e-filing details and status, as required or permitted by law.
You understand and agree that e-filing may not be available in some circumstances. My Tax Ginie does not guarantee the performance of the Internet or any third-party system or that the Income Tax Department (ITD) will receive, accept, or process your tax return. My Tax Ginie sole responsibility is to use reasonable efforts to transmit your tax returns electronically to the ITD if you select and qualify for e-filing and pay all applicable fees.
My Tax Ginie may offer supplemental tax return preparation services in connection with your use of My Tax Ginie Online Assisted Service. My Tax Ginie will provide tax advice, prepare your tax return, and e-file your tax return with the ITD as directed by you.
The Products and Services may include functionality that allows you to electronically import certain Tax Information directly into the Software. My Tax Ginie does not guarantee the availability or accuracy of such automatic importing.
Subject to certain conditions, My Tax Ginie agrees to reimburse you for the amount of penalty and interest paid by you in connection with your FY 2017-18 tax return up to the maximum amount of fees paid to My Tax Ginie This is provided that the penalty and interest were incurred solely as a result of:
In order to qualify for reimbursement under this Section, you must meet the following conditions:
This section defines My Tax Ginie entire obligation and liability, and it is your sole and exclusive remedy for any errors in your return caused by the products and services or My Tax Ginie. Monetary remedies under this section are not available if you request a refund for any Software pursuant to Section 7 of this Agreement. The rights and benefits provided in this section are personal and may not be assigned or transferred to any other party.
My Tax Ginie does not warrant or promise that the Products and Services will identify the appropriate documents for your needs or that they are free from bugs or errors. My Tax Ginie does not make any other promises regarding the performance, accuracy, or reliability of the Products and Services or their ability to meet your requirements. The Products and Services are provided as general tools to assist you in preparing and filing your tax returns, and they do not replace your obligation to exercise your independent judgment. You are solely responsible for inputting your information correctly and verifying the outputs from your use of the Products and Services. My Tax Ginie and its affiliates and franchisees do not warrant any particular results you may obtain from using the Products and Services.
You acknowledge that My Tax Ginie and its respective licensors do not practice law and do not provide legal or other professional services to you. You agree that your use of the Products and Services is not a substitute for the advice of a legal or other competent professional. You acknowledge that laws vary and change over time, and that final documents, forms, and letters should be reviewed by a legal or other competent professional before use.
This consent to electronic communications is essential in compliance with the Information Technology Act 2000 and signifies your agreement to receive all Required Disclosures electronically, relating to your use of the Products and Services. "Required Disclosures" refer to all notices, disclosures, communications, or other information mandated by law concerning your use of the Products and Services.
Your consent for electronic receipt of Required Disclosures pertains to all Required Disclosures concerning your use of the Products and Services and your relationship with My Tax Ginie
You agree and consent to the electronic delivery of Required Disclosures. Furthermore, you agree that My Tax Ginie is not obligated to provide you with an additional paper (non-electronic) copy of the Required Disclosures unless specifically requested, as described above. By selecting the email/SMS alert service, you grant My Tax Ginie a non-exclusive, irrevocable right and permission to send emails, SMS, and alerts as determined by My Tax Ginie
As a merchant, we shall not be held liable for any loss or damage arising directly or indirectly from the decline of authorization for any transaction due to the Cardholder exceeding the pre-set limit mutually agreed upon by us and our acquiring bank from time to time.
The Refund & Cancellation policy for all payments made toward account opening or any other services or products using any mode of payment is as follows:
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.
You agree to defend and hold harmless My Tax Ginie 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, My Tax Ginie 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 My Tax Ginie your compliance with this Section.
You agree and consent to the electronic delivery of Required Disclosures. You also agree that My Tax Ginie does not need to provide a (non-electronic) copy of the Required Disclosures unless specifically requested as described above. On the selection of call/emails/sms/WhatsApp alert service, You agree & grant non-exclusive, permission & irrevocable right to give a call whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not and to send emails, SMS, WhatsApp messages & alerts as decided by My Tax Ginie. You also confirm that by sending any of such messages/calls, you will not hold My Tax Ginie or its third-party service provider liable or institute a complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010, or such other applicable regulations, including any amendment thereof, as may be applicable from time to time.