Terms & Policies
Finac User Terms of Service
Welcome to finac.io. This website is owned and operated by AKSSAI ProjExel Private Limited, 26 Dixit Complex, Hathital, Gorakhpur JABALPUR, Madhya Pradesh 482001.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
In these General Terms and Conditions, the following definitions are applicable:
“Client” means the organization or company with whom the Contract is entered into; “Confidential Information” means any information related to the Engagement disclosed by the Client to the Consultant and by the Consultant to the Client, respectively, either directly or indirectly. Confidential Information may include, by way of example but without limitation, products, specifications, formulae, equipment, formulas, models, employee interviews, records, quality monitoring schemes/programs, training materials, business strategies, customer lists, know-how, drawings, pricing information, inventions, ideas, and other information, or its potential use, that is owned by or in possession of the Client and the Consultant, respectively;
“Consultant” means.; The user of these Terms and Conditions;
“Contract” means the contract between the Client and the Consultant which defines the scope of the Engagement and the services to be rendered by the Consultant, as well as the fee schedule for said services. More specifically, the Contract shall consist of the Purchase Order, these Terms and Conditions, and any other documents (or parts thereof) specified in the Purchase Order;
“the Engagement” means any agreement, in whatever form, reached between the Consultant and the Client pursuant to which the Consultant agrees to render services to the Client in exchange for a fee plus costs;
“Force Majeure” means any cause beyond the reasonable control of the affected party, including, but not limited to, any act of God, war, riots, acts of the public enemy, fires, strikes,
labour disputes, accidents, or any act in consequence of compliance with any order of any government or governmental authority;
“Project” means the services to be provided by the Consultant to the Client as specified in the Purchase Order;
“Purchase Order” means the document (i) setting out the services to be provided by the Consultant to the Client and (ii) listing any documents and the like to be provided by the Client to the Consultant such that the Consultant may perform the Project;
“Subcontractor” means either an affiliate or subsidiary of the Consultant, or an independent contractor, respectively, which is qualified to perform the applicable services as contemplated by the Engagement and the Contract, and has been contracted by the Consultant, accordingly, as evidenced by an agreement in writing.
2.1 These General Terms and Conditions govern the provision of all services from or on behalf of the Consultant to the Client and apply to all legal relationships between the Consultant and the Client.
2.2 These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the Client and any other terms and conditions submitted by the Client. The failure of the Consultant to object to the terms and conditions set by the Client shall in no event be construed as an acceptance of any terms and conditions of the Client. Neither the Consultant’s commencement of performance nor the Consultant’s delivery of services shall be deemed or constituted as acceptance of any of the Client’s terms and conditions. Any communication or conduct of the Client which confirms an agreement for the provision of services by the Consultant, as well as acceptance by the Client of any provision of services from the Consultant shall constitute an unqualified acceptance by the Client of these General Terms and Conditions.
2.3 By contracting on the basis of these General Terms and Conditions, the Client agrees to the applicability thereof in respect of future agreements between itself and the Consultant, even if this is not expressly stated.
3. PERFORMANCE OF THE PROJECT
3.1 The Consultant shall determine the manner in which and the person by whom the Engagement will be carried out, taking into account, as far as is feasible, the reasonable requests expressed by the Client.
3.2 The Consultant shall complete the Project with reasonable skill, care, and diligence in accordance with the Contract.
3.3 The Client hereby accepts that the time schedule allocated for the performance of an Engagement may be subject to change in case of amendment to the Engagement and/or the services to be provided thereunder after conclusion of the Engagement. 3.4 In case of any change of circumstances under which the Engagement is to be performed which cannot be attributed to the Consultant, the Consultant may make any such amendments to the Engagement as it deems necessary to adhere to the agreed quality standard and specifications. Any costs arising from or related to this change of circumstances will be fully borne by the client.
3.5 The Consultant may, at its discretion and, where possible, in consultation with the Client, replace the person or persons charged with performing the Engagement, if and in so far as the Consultant believes that such replacement would benefit the performance of the Engagement.
3.6 The Consultant shall provide the Client with such reports of his work on the Project at such intervals and in such form as the Client may from time to time require. The Client has the right to notify the Consultant that it wishes to modify its requirements in relation to the Project. Such modifications shall not enter into effect until the parties have agreed on the consequences thereof such as to the Contract fee and the completion date of the Project
4. CLIENT’S OBLIGATION
4.1 The Client shall at all times duly make available to the Consultant all information and documents that the Consultant deems necessary to be able to carry out the Engagement correctly, in the specified form and manner. Also, the Client shall provide all cooperation required for the proper and timely performance of the Engagement.
4.2 The Client guarantees that Consultant’s employees can at all times work under safe conditions, in accordance with the relevant health and safety regulations and environmental rules and shall indemnify and hold harmless the Consultant against all loss, expense or damage arising from or relating to this guaranty by the Client.
4.3 The Client shall duly inform the Consultant of any facts and circumstances that may be relevant in connection with the execution of the Engagement.
4.4 Furthermore, the Client shall guarantee the correctness, completeness, and reliability of any information provided to the Consultant.
5. FEES AND EXPENSES
5.1 The Client shall pay to the Consultant fees at the rate specified in the Purchase Order.
5.2 Unless otherwise stated in the Contract, the Consultant shall be entitled to be reimbursed by the Client for all traveling and lodging expenses reasonably and properly incurred by him in the performance of his duties hereunder subject to production of such evidence thereof as the Client may reasonably require.
5.3 Value Added Tax or Goods and Services Tax, where applicable, shall be shown separately on all invoices.
5.4 Any extra costs arising from or related to any delays in the completion of the Engagement stemming from the failure of the Client to duly make available to the Consultant the requested information and documentation, shall be fully borne by the Client.
6. INTELLECTUAL PROPERTY
All results generated by the Consultant in the Project, including reports, other documents and materials, shall become the property of the Client. The Consultant shall provide all reasonable assistance such that the Client may apply for patents, copyrights, and other intellectual property rights in respect of these results.
7.1 The Consultant shall keep secret and not disclose and shall procure that his employees keep secret and not disclose any Confidential Information obtained by him during the performance of the Project. The foregoing shall not apply to information which (i) is or becomes part of the public domain without fault on the part of the Consultant; (ii) was already known by the Consultant, other than under an obligation of confidentiality, at the time of disclosure by the Client; (iii) is lawfully acquired by the Consultant from a third party on a non-confidential basis; or (iv) the Consultant is required to disclose pursuant to any law, lawful governmental, quasi-governmental or judicial order.
7.2 Except with the prior written permission of the Consultant, the Client shall not publish or otherwise make available the contents of proposals, reports, presentations, memos, or other communications by the Consultant, unless these have been provided with the intention of providing third parties with the information set out therein. Furthermore, the Client shall not disclose any of the Consultant’s methods and work strategies without the Consultant’s written permission.
8. WARRANTIES, LIABILITY AND INDEMNIFICATION
8.1 The Consultant, and any person put forward by the Consultant to perform the Project, shall not be liable if the services provided or the results generated by him in the Project are not absolutely correct, nor does the Consultant, or any person put forward by the Consultant to perform the Project, warrant, either expressed or implied, that the performance by him of the Project will not infringe upon intellectual property rights of any third party.
8.2 The Consultant, nor any person put forward by the Consultant to perform the Project, shall not be responsible for any loss, destruction or damage of whatsoever nature (including injury or death) incurred by the Client, its employees or third parties, resulting from the use of the Project results by the Client, except to the extent that the same can be shown to be due to gross negligence or wilful misconduct on the part of the Consultant or his employees. The Client shall indemnify the Consultant accordingly.
8.3 The Client shall not be responsible for any loss, destruction or damage of whatsoever nature (including injury or death) incurred by the Consultant, its employees or third parties, related to the performance by the Consultant of the Project, except to the extent that the same can be shown to be due to gross negligence or wilful misconduct on the part of the Client or its employees. The Consultant shall indemnify the Client accordingly.
8.4 Should a party be deemed liable to the other party, by way of indemnity or by reason of breach of contract or otherwise, the Consultant’s liability shall in aggregate not exceed the price for the Project. In any event, neither party shall be liable to the other party for any consequential, indirect, special, incidental or exemplary damages of any nature whatsoever that may be suffered by the other party.
9. RESPONSIBLE USE AND CONDUCT
9.1 In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
9.2 You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
9.3 Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
9.4 Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
9.5 Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
9.6 You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
9.7We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
○ Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
○ Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
○ Contains any type of unauthorized or unsolicited advertising;
○ Impersonates any person or entity, including any finac.io employees or representatives.
9.8 We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
9.10 You agree to indemnify and hold harmless finac.io a digital property of AKSSAI ProjExel Private Limited and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
11. LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
12. LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of
products and/or services. finac.io will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
13. COPYRIGHTS / TRADEMARKS
All content and materials available on finac.io, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of AKSSAI ProjExel Private Limited and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or
transmission of any content on this site is strictly prohibited unless specifically authorized by AKSSAI ProjExel Private Limited.
14. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
15. GOVERNING LAW
This website is controlled by AKSSAI ProjExel Private Limited from our offices located in the state of Madhya Pradesh, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Madhya Pradesh, India by accessing our website, you agree that the statutes and laws of Madhya Pradesh, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Madhya Pradesh, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
16. CANCELLATION AND REFUND
Cancellation of the order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by AKSSAI ProjExel Private Limited.
Unless otherwise expressed, finac.io expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
18. CONTACT INFORMATION
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: AKSSAI Projexel Private Limited
Address: 26 Dixit Complex, Hathital, Gorakhpur JABALPUR, Madhya Pradesh 482001
Your Data is private and will be kept safely with us. At finac.io, we place the highest importance on respecting and protecting the privacy of our customers. Our relationship with you is our most important asset. We want you to feel comfortable and confident when availing our services and with entrusting your personal and tax return information to us.
1. COLLECTION OF PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
2. NON-PERSONAL IDENTIFICATION INFORMATION
This statement applies to the finac.io websites and services that display or link to this statement.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider utilized and other similar information.
4. WEB BROWSER COOKIES
5. HOW WE USE COLLECTED INFORMATION
finac.io may collect and use Users personal information for the following purposes:
To improve customer service: The information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our site: We summarize information about your usage and combine it with that of others to learn about the use of Finac products to help us develop new products and services. This information is collected in such a way that it cannot be used to identify an individual. We may use the feedback you provide to improve our products and services.
To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey, or other site feature: To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our site.
To maintain your account information: We ask you for information such as name, address, and telephone number that helps us confirm that your payment information is correct. This information is used to create or maintain your finac.io account information.
For internal use: We do not share your personal or tax return information with anyone outside of finac.io for their promotional or marketing use, also we do not share your tax return information inside of finac.io for promotional or marketing use. We do not sell or rent your personal or tax return information to anyone.
Your browsing history and patterns: When you visit our Websites, we may collect information about the pages you view, the links you select, or actions you take using the standard information that your browser sends to each Web site you visit such as IP address, browser type, and the previously visited Web page.
Retention of data for future use: We retain copies of your completed and filed tax returns in accordance with ClearTax’s Records and Information Management Policy. This information may also be used to perform analysis relating to your claims under our guarantees or to provide you with a copy of your returns for your convenience.
Compliance of laws and rules: We may access and/or disclose your information if it is necessary to comply with the law or legal process, to protect or defend Finac. For example, we may be required to cooperate with regulators or law enforcement actions such as a court order, subpoena or search warrant.
6. HOW WE PROTECT YOUR INFORMATION
finac.io works to protect your personal information and tax return information from loss, misuse or unauthorized alteration by using industry-recognized security safeguards, coupled with carefully developed security procedures and practices. We maintain electronic and procedural safeguards of all tax return information. We use both internal and external resources to review our security procedures. Whenever we prompt you to transmit sensitive information, such as tax return or credit card information, we support the encryption of your information as it is transmitted to us. Our employees are trained and required to safeguard your information.
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
7. SHARING YOUR PERSONAL INFORMATION
We may use third-party service providers to help us operate our business and the Site or administer activities on our behalfs, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
8. COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
10. CONTACT INFORMATION
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at Akssai ProjExel Private Limited
Address: 26 Dixit Complex, Hathital, Gorakhpur JABALPUR, Madhya Pradesh 482001