Terms of Service

Last Updated On: 28th June 2017.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "YOU" and "YOUR") AND SAHITAX TECHNOLOGIES LLP (hereinafter "SAHITAX") GOVERNING YOUR USE OF SAHIGST - RETURN FILING & RECONCILIATION SOFTWARE.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the “Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.

Description of Service

SahiGST is a cloud software for GST Return Filing & Reconciliation in India. We allow you to complete filing your return by uploading data to SahiGST via excel files or API integration. The data uploaded is further converted into the format that enables us to deliver a version accepted by authorised GSP/GSTN to complete your filing after your explicit consent. You may use the service for your business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

SahiTax 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 SahiTax provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that SahiTax may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SahiTax's sole discretion, without or without prior notice to you.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement on this page or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 7 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing SahiTax notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

Use of the Services by you

In order to prepare & file your return, you will need to provide information prescribed by the GST Council in the various return formats. Collectively this information is known as tax return information. In order to use SahiTax Services, you will need to provide your tax return information.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SahiTax, unless you have been specifically allowed to do so in a separate agreement with SahiTax. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

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

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if SahiTax has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SahiTax may terminate your user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. 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 SahiTax 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 by sending an email to legal@sahigst.com, provided that the process is acceptable to SahiTax. In the absence of any specified administrator account recovery process, SahiTax may provide control of an administrator account to an individual providing proof satisfactory to SahiTax demonstrating authorization to act on behalf of the organization. You agree not to hold SahiTax liable for the consequences of any action taken by SahiTax in good faith in this regard.

Personal Information and Privacy

Personal information you provide to SahiTax through the Service is governed by our Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the our Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise.

Communications from SahiTax

The Service may include certain communications from SahiTax, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Fees and Payments

The Services are available under subscription plans of various durations. Your subscription has to be renewed after every Financial Year. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date.

We recognize the Financial Year to start from April & end in March. In case there is a change in the duration of Financial Year, SahiTax may revise the pricing.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Any 3rd Party Charges such as GSP/Signing Charges would be passed on as actual basis. You are required to pay the amount in the prescribed time period or your account may be terminated.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. 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. In case of accounts with more than one user, if at least one of the users is active, the account will be considered active.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant SahiTax the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for SahiTax’s commercial, marketing or any similar purpose. But you grant SahiTax permission to access, store, reformat, transmit data solely as required for the purpose of providing the Services to you.

Sample files and Applications

SahiTax may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. SahiTax makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

SahiGST, SahiGST logo, the names of individual Services and their logos are trademarks of SahiTax Technologies LLP. You agree not to display or use, in any manner, the SahiTax trademarks, without SahiTax’s prior permission.

Disclaimer of Warranties

You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. SahiTax expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. SahiTax makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from SahiTax, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability

You agree that SahiTax shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if SahiTax has been advised of the possibility of such damage. In no event shall SahiTax’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

You agree to indemnify and hold harmless SahiTax, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorised by SahiTax.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Mumbai and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, SahiTax may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@sahigst.com within fifteen days of being notified about the suspension. We may terminate a suspended or disabled user account after fifteen days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if SahiTax breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. 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.

END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at legal@sahigst.com.