Term & Conditions
Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform (defined hereinafter) and the Services (defined hereinafter). The objectives of these Terms and Conditions of Use (“Terms”) are to inform you of the terms which apply to your access to the Platform and Services, what we expect from you, and what you can expect from us as you use and interact with our Platform and the Services provided by us, our Strategic Partners and third-party service providers. Further, you would learn about the following:
(a) our policy regarding the changes and updates to these Terms;
(b) description of the Platform and the Services offered by us, our Strategic Partners and third party service providers;
(c) sign-up process and information required by us;
(d) conditions regarding use of the Platform and the Services;
(e) terms of use and conditions regarding the information made available by us on the Platform;
(f) intellectual property rights and ownership of the content on our Platforms and the conditions of use of such content;
(g) Know Your Client (“KYC”) requirements;
(h) our policy regarding the communications and notifications sent by the Platform;
(i) disclaimers, limitation of liability and indemnification obligations in relation to the Services provided; and
(j) legal rights and obligations in case of violation of these Terms by you.
These Terms apply to and govern the use of or access to the website www.aapnaca.com, and on its mobile/web applications (hereinafter, collectively referred to as the “Platform”), by the user (hereinafter, “you”, “your”, or “User”). The Terms shall apply to the User in relation to the relevant Services availed on the Platform.
The online platform –www.aapnaca.com, is owned and operated by Adarsh Jha & Co., a proprietorship firm with its registered office at E-5 3rd Floor Ganesh Nagar Pandav Nagar Delhi-110092 (“aapnaCA”, “We”, “Our”. “Us”). The products and services provided by aapnaCA through the Platform shall be referred as (“Services”).
User and Company are each a “Party” and collectively the “Parties”.
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 affirm that you are at least 18 years old and have not been previously suspended or removed by the Company, nor disqualified for any other reason from using the Services or the Platform. Furthermore, you represent and warrant that you have the right, authority, and capacity to agree to these Terms and to abide by them. You must not impersonate any individual 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 ban you from using the Services or the Platform.
If you do not agree to 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 apply to you retrospectively from the date of your first use of the Platform.
1. 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.
2. Description of service provider
The form and nature of the Services provided by aapnaCA may change periodically without prior notice to you. aapnaCA reserves the right to suspend (either temporarily or permanently) the Services (or any features within the Services) at its sole discretion, without prior notice to you. You may choose to stop using the Services at any time, and typically, you are not required to specifically notify aapnaCA when you cease using the Services. You acknowledge and agree that if aapnaCA disables access to your account, you may be prevented from accessing the Services and/or the Platform, as well as any account details, files, or other content contained in your account.
You consent to allow us to add you as our client on the Income Tax Department’s web services for purposes such as submitting Income Tax Returns (ITR), retrieving ITR-V, checking refund status, 26AS, and other related activities, in accordance with the Electronic Furnishing of Return of Income Scheme, 2007, including any amendments, notifications, or similar schemes, regulations, or rules issued from time to time.
You acknowledge and agree that, although aapnaCA may not currently impose a fixed limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used, aapnaCA reserves the right to establish such limits at any time, at its discretion.
3. Sign-Up and Consent Requirements
To avail the Services, you may have to provide us with necessary details including but not limited to your name, mother’s name, father’s name, date of birth, gender, Permanent Account Number (“PAN”), signature, marital status, nominee details, cancelled cheque, photograph and video recording, email id, phone number, educational or professional qualification, business name, business address, nature of business, Goods and Service Tax Identification Number (“GSTN”), Tax Deduction and Collection Account Number (“TAN”), bank account details, Unified Payment Interface (“UPI”) ID, and/or other payment related details etc., as applicable.
You agree to provide the above stated information, or such other information as may be necessary or required by us to provide the Services, at the time of sign-up or at any subsequent stage. Further, you acknowledge that the act of providing your Aadhaar ID is voluntary in nature unless mandated under applicable law. You may choose to provide us with an alternative KYC proof.
You warrant to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
If you upload information relating to any third parties, you should ensure that any such information is uploaded only after obtaining express written consent from them for using their information on the Platform. Further, you should ensure that express written consent from such persons is obtained to receive communications from the Company regarding: information about us and the Services; promotional offers and services from us and our third-party service providers and Strategic Partners, and any other matter in relation to the Services. If such third parties fail to provide written consent, or withdraw consent, you shall immediately cease to use the Services in relation to them. You will be solely responsible for obtaining such consent from third parties and we assume that such consent is sought and received by you if you provide such information relating to any of such third parties any time during the use of the Platform.
If you provide any information that is false, inaccurate or outdated, or we have reasonable grounds to suspect that such information is false, inaccurate or outdated, we will be entitled to suspend or terminate your account and prohibit any and all current or future use of the Platform by you. You are responsible for maintaining the confidentiality of the account and are fully responsible for all activities that occur under your account.
You agree to immediately notify us in writing at support@aapnaCA.Com of any disclosure or unauthorized use of your profile or any other breach of security with respect to your profile.
4. User Responsibilities and Service Use
When preparing or filing your tax return, or seeking tax-related advice, you will need to provide information about your income, investments, credits, dependents, and other relevant details. Collectively, this information is referred to as (“Tax Return Information”). To use aapnaCA’s services, you must provide accurate, complete, and up-to-date Tax Return Information. You agree that any Tax Return Information you provide will be precise and current, and AapnaCA will not be liable for any claims or disputes arising from incorrect or outdated information provided by you, or for issues not attributable to AapnaCA.
aapnaCA will prepare your tax return based on the Tax Return Information you provide. aapnaCA acts solely as an intermediary between you and the income tax department for the filing of tax returns and related services. You will be solely responsible for any actions taken against you by the income tax department.
You agree to access the Services only through the interface provided by aapnaCA, unless explicitly authorized otherwise in a separate agreement with aapnaCA. You specifically agree not to use automated means (including scripts or web crawlers) to access the Services and will adhere to any instructions in the robots.txt file present on the Services. You agree not to engage in any activity that interferes with or disrupts the Services. Unless specifically permitted in a separate agreement with aapnaCA, you agree not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
You will be solely responsible for any breach of your obligations under these Terms and for the consequences, including any loss or damage that aapnaCA may suffer, resulting from such a breach. aapnaCA will not be liable for data loss or breaches due to server/system hacking or other technical issues.
5. Consent to Electronic Communications:
6. Refunds policy
Both the Client and We have the right to terminate any Services for any reason, including the ending of Services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to Us which constitute payment in respect of the provision of unused Services shall be refunded as per the discretion of aapnaCA.
7. Your privacy and personal information
For information about aapnaCA’s data protection practices, please read privacy policy at https://aapnaCA.com/privacy-policy). This policy explains how aapnaCA treats Your personal information, and protects Your privacy, when You use the Services through Our Platform.
8. Passwords and account security
You will be responsible for maintaining the confidentiality of passwords associated with any account You use to access the Services. Accordingly, You will be solely responsible to AAPNACA for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to notify AAPNACA immediately.
9. Force majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprisings, earthquakes, floods or any other natural or manmade eventuality outside of Our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
10. Jurisdiction
Any controversy or claim arising out of or relating to this contract the breach thereof, shall be settled by sole arbitrator appointed by aapnaCA in accordance with Arbitration and Conciliation Act, 1996.
The terms of the agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India in all disputes arising out of or relating to the use of this Platform.
11. Warranties and Disclaimers
When you use our platform and services, you do so at your own risk. We try our best to provide accurate and reliable information, but sometimes mistakes can happen. We may update our content, software, and services from time to time, and our platform might be unavailable for maintenance or other reasons.
We don’t make any promises about the quality, accuracy, or suitability of our content, information, software, products, features, and services. We disclaim all warranties, including those of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
Your use of the platform and the services is at your sole risk. The platform, the services are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these terms, the company and their respective officers, directors, employees, agents and other representatives, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the company makes no warranty that: (i) the platform or the services will meet your requirements; (ii) the platform or the services will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the platform or the services will be accurate or reliable; (iv) the quality of any and all products, services, information or other material, including all merchandise, goods and services, obtained or purchased by you directly or indirectly through the platform or the websites will meet your expectations or needs; and (v) any errors in the platform or the websites will be corrected.
12. Intellectual Property Clause
All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights, in and to the software, services, and materials provided by aapnaCA (collectively, “Intellectual Property”), shall remain the exclusive property of aapnaCA and its licensors. You acknowledge and agree that you do not acquire any ownership rights or interests in the Intellectual Property through your use of aapnaCA’s software and services.
Any content or material you create using aapnaCA’s Intellectual Property, whether in whole or in part, shall be deemed a derivative work, and all rights, titles, and interests in such derivative work shall automatically vest in AapnaCA upon creation. You are granted a limited, non-exclusive, non-transferable, and revocable license to use aapnaCA’s Intellectual Property solely for the purposes for which it is provided and in accordance with the terms and conditions of this Agreement. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of aapnaCA’s Intellectual Property, except as explicitly permitted in writing by aapnaCA.
Any unauthorized use of the Intellectual Property is strictly prohibited and may result in the termination of your license to use the software and services, as well as potential legal action. You further agree to immediately notify aapnaCA of any unauthorized use or infringement of its Intellectual Property and to cooperate fully with aapnaCA in any legal action taken to protect its rights. This clause shall survive the termination or expiration of this Agreement.
13. Indemnification:
You agree to protect and indemnify aapnaCA, along with its officers, directors, representatives, employees, and agents, against any and all claims, lawsuits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs, and expenses (including reasonable attorneys’ fees and expenses) that result from or arise out of your breach of this Agreement.
14. Calling & SMS Policy:
You agree and consent to the electronic delivery of Required Disclosures. You also agree that aapnaCA 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 aapnaCA.
You also confirm that by sending any of such messages/calls, you will not hold aapnaCA 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.
15. Usage of the Platform
- Belongs to another person and to which you do not have any right.
- Is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing based on gender, libelous, racially or ethnically objectionable, related to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
- Is harmful to children.
- Infringes any patent, trademark, copyright, or other proprietary rights.
- Violates any law currently in force.
- Deceives or misleads the recipient about the origin of the message or knowingly and intentionally communicates any information that is patently false or misleading but may reasonably be perceived as a fact.
- Impersonates another person.
- Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order; incites the commission of any cognizable offense; prevents the investigation of any offense; or is insulting to other nations.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
- Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
16. Termination:
Without prejudice to any other rights, aapnaCA 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 aapnaCA your compliance with this Section.