These terms of use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the website www.TaxSmart.in and/or mobile application ‘TaxSmart’ referred to as, “the Platform” owned and operated by UpGrowth Marketing. BGV shall also allow its associates, group and subsidiary companies, together referred to as “Company” or “We” or “Us” to use the Platform as per their requirements. Please read the Terms of Use and Privacy Policy carefully before registering on the Platform or accessing any material, information through the Platform. The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Accordingly, please continue to review the Terms whenever accessing or using the Platform. Your use of the Platform as defined above, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. Your use of the Platform on continuous basis shall signify Your confirmation to the changes and the agreement to be legally bound by the same.
The group, affiliate and associate companies are Nextbillion Technology Pvt Ltd, Neobillion Fintech Pvt Ltd, Finvantage Investment Adviser Private Limited, UpGrowth Marketing Private Limited among others, who shall be together referred to as “Company” or “We” or “Us” as mentioned above to use the Platform to offer their products and services to You, under applicable terms and conditions specified on Our Platform.
You acknowledge that the Platform allows You to avail the services directly from the Company and/or its group entities and affiliates including their products and services and facilitate communication with them for such services, and other related information. The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty free license to use the Platform for the purposes of availing the services from the Company and its group entities and affiliates , collectively hereinafter referred to as Platform Services.
You hereby give Your consent to Us (including TaxSmart Invest Tech Private Limited, UpGrowth Marketing Private Limited) and other regulated entities of the Company to fetch and access Your credit information from Credit Information Companies in order to understand/assess Your creditworthiness, for carrying out internal evaluation and necessary due diligence, as may be required for product/service offerings or otherwise.
You agree and give Your consent that We may share Your Personal Information with our group/associate/affiliate companies to comply with regulatory requirement or restriction applicable to Us and/or to our group/associate/affiliate companies.
You agree and give Your consent that till the time the loan obtained through platform is fully repaid by You, You will not be able to add money in the TaxSmart balance for trading in the securities market.
You agree and give us your consent to fetch your PAN number from the Credit Bureaus, based on your verified mobile number.
Nextbillion Technology Private Limited (Nextbillion) (now known as TaxSmart Invest Tech Private Limited):Nextbillion is an AMFI registered mutual fund distributor, Stock Broker and Depository Participant. It is hereby clarified that the Company is not rendering the services of mutual fund, and it is merely providing a platform to its users, Nextbillion to facilitate the transaction of investment in mutual funds and stocks. If You buy a regular mutual fund on the Platform, Nextbillion receives commissions from AMCs, details of which have been provided on the Platform and the default mutual funds available on the Platform are direct mutual funds, whether or not Nextbillion receives any commissions. Please note that Nextbillion only facilitates the sale of direct mutual funds through the Platform and will not be liable in any manner with respect to the mutual fund units allotted to You by the AMC.
Nextbillion does not, and is not obliged to, offer all mutual fund schemes for investment or as the case may be, all kind of investment advisory services. By limiting the number of schemes on the Platform, neither the Company nor Nextbillion makes any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty, express or implied in respect of such mutual fund schemes. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice by Nextbillion of any nature whatsoever, and all the investments made in Your account will be merely at Your discretion and shall not be relied upon by You while making investment decisions in mutual funds and stocks and You shall be solely responsible for any investment decisions and for the purchase of any mutual funds and investments/trading in stocks on the Platform. In no event shall the Company and/or Nextbillion and/or any of its Affiliates, group, associate and subsidiary companies be held liable by You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform.
As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company, Nextbillion.
In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company and/or Nextbillion, as may be applicable, prior to pursuing any other recourse. The complaints can be lodged at product@upgrowthmarketing.in and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You alongwith necessary documents, emails, screenshots as available with You forming part of the said complaint. The decision of the Company and/ or Nextbillion, as may be applicable, on the complaints shall be final and You agree to be bound by the same.You understand and agree that Profit & Loss report and/or other specific reports would be provided by Nextbillion based on Your request and would not be considered as the basis for computing Your tax liability. You further understand and agree that You shall consult an independent tax advisor to verify Profit & Loss report and/or other specific reports and Nextbillion will not be liable for determining Your tax liability or any loss or damage caused to You arising out of any decisions/actions arising out of the Profit & Loss report and/or other specific reports.
You hereby give Your consent to Nextbillion to download Your CKYC record from Central KYC Records Registry.
Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal use and non-commercial use.
You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.
Further, You undertake not to:Shall not use Company’s and/or its affiliates, group and subsidiary companies registration details, and/or any certificates and/or any general details thereby inducing public at large to conduct business, trading activities with You. Additionally, You shall ensure that You shall not undertake any selling/advisory activities, or carry out any transactions and/or mis-sell the products/services offered by the User in the secondary market under the name and title of the Company, its associates, affiliates group and subsidiary companies.
The Company has the right to suspend, block or deactivate Your trading and/or demat account as a risk management measure and/or if reasonably believes that any regulatory or statutory enquiry/investigation etc might arise due to trades/transactions/actions done by You and You will not question the same.
By clicking ‘I Agree’ or ‘Get Started’ or any similar icon/tab/option provided on the Platform, you have expressed your consent to activate the UPI Lite feature and agree to the UPI Lite Terms. If we amend the UPI Lite Terms and you continue to use the UPI Lite feature, it will be assumed that you have consented to comply with the revised terms.
We may notify you about relevant information pertaining to your use of the UPI Lite feature by push notification on the Platform or through any other means that we may deem appropriate. You authorize us to reach out to you.
The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights either in the favour of the Company, or third parties from whom the appropriate permissions have been taken under applicable laws. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.
Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by the Company or Nextbillion or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company and/or our group entities or affiliates shall create any warranty not expressly stated in the Terms of Use.
The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge.
The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.
Please note that not all the Platform Services are available in all geographical areas and depending on Your location, You may not be eligible to avail certain Platform Services . The Company and /or its group entities and affiliates reserve the absolute right to determine the availability and eligibility for any of the Platform Service offered on the Platform.
The Company is not responsible for the availability of content or other services on third party sites linked from the Platform and the Company urges You to read the terms of use of the respective third party sites, before accessing or registering with any of such third party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.
The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms of Use if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations under these Terms of Use shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event due to any cause beyond the reasonable control of the affected party, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
Further, You will not dispute or hold the Company responsible for:You agree to indemnify the Company and/ its group entities and affiliates, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of Your breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions. You further agree to hold the Company and/or its group entities and affiliates harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company and/ or its group entities and affiliates and their officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws.
You warrant that all the details and information provided by You to the Company and/or our group entities/affiliates while using this Platform (including for the purposes of carrying out investments) are correct, accurate and genuine. You further warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third – party rights or the intellectual property right of any third party.
You hereby further acknowledge and agree that You may create a pool or selection of mutual funds (“Portfolio”) either for the purposes of subscription or otherwise (including for the purposes of Your own analysis). While creating such a Portfolio, You will be given an option to make the Portfolio created by You to be made visible to other users on the Platform. If You opt for the Portfolio to be made visible to third parties, You hereby acknowledge and agree that the Portfolio can be copied or used by the Company and/or Nextbillion or the other users of this Platform for the purposes of investment. Please note that in such cases, You shall not claim any royalty or other financial/monetary benefits or compensation from the Company and/or Nextbillion or any of the other users of this Platform for the use of Your Portfolio.
Notwithstanding whether You opt to make Your Portfolio public or not, You hereby specifically acknowledge and agree that You shall not have any proprietary right or intellectual property right over the choice, selection, idea or concept of pool of mutual funds in that Portfolio; and the Company and/or Nextbillion shall have the right to adopt or copy the Portfolio for its commercial and non-commercial use.
Further, You shall be solely responsible for any investment decision taken by it on the basis of the Portfolio created using this Platform or the system generated analysis of such a Portfolio; and the Company and/or Nextbillion shall not be liable for any loss or damage caused to You or any other users of this Platform due to such an investment decision, or any kind of reliance upon it. The Company specifically and expressly disclaims the accuracy and correctness of the analysis or data generated or reflected while creating such a Portfolio.
By accepting the Terms of Use, You hereby represent that:
You shall be solely responsible for all the investment decisions executed by You on the Platform in Your portfolio and the Company shall nowhere be responsible for any loss or harm incurred by You due to the investment activities carried out in Your portfolio.
In order to access the Platform Services on the Platform and Your account on the Platform (“Account”), You will have to register on the Platform by providing details including but not limited to mobile number, mother’s name, father’s name, email address, password, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee details, cancelled cheque, photograph and video recording, etc. and other information as may be required by the Company from time to time. Your Account will be activated once Nextbillion, Our regulated entity, undertakes Your KYC verification on the Platform in accordance with the Know Your Client (“KYC”) guidelines and/or circulars and/or communications issued by the Securities and Exchange Board of India (“SEBI”), respective Exchanges (National Stock Exchange of India Limited and BSE Ltd.), Depositories (Central Depository Services Limited and National Securities Depository Limited) from time to time based on the information provided by You including personal information.
You hereby give Your consent to NBT to share Your KYC documents with KYC Registration Agency i.e. CVL etc along with the complete set of Demat and broking account opening forms/information submitted by You to NBT. You understand that once the abovementioned documents/information are uploaded onto the system of KYC Registration Agency, the same can be downloaded by any other intermediary/KYC Registration Agency with whom You are entering into a business relationship.
We may also ask You for certain financial information, including Your billing address, bank account details, and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services. The Company may ask You to provide certain additional information about Yourself on a case to case basis. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/ or its group entities and affiliates, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services.
The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.
The Company, in consultation with its group, associates and subsidiary companies may modify these terms at any time.
The transactions on the Platform with respect to the Platform Services for stock broking and mutual fund units will be completed only after successful transfer of money from Your registered bank account to the relevant AMC. Please note that the mutual fund and the stocks will be credited to Your Account within 2 (two) working days, or as stipulated by Regulatory bodies from time to time, from the date of successful transfer of such amount. You hereby agree and acknowledge that the transactions on the Platform once completed cannot be cancelled by You. With respect to investments in mutual funds and stocks, in case of successful transfer of money from Your account registered with the AMC, however, any failure to reflect the mutual fund in the Account, the money would be refunded to Your registered bank account within the relevant time period agreed with the AMC and Nextbillion shall not be responsible for the same.
The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of court at Bangalore.
Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer and scheme-related documents carefully, before investing. For the purposes of these Terms of Use, the term “Offer Document(s)” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the mutual fund.
The Company reserves a right to create any Whatsapp groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions:
You shall not:The Group Admin reserves the right at all times to determine, in its sole discretion, whether the content posted on the Group is appropriate and in compliance with these Terms of Use. The Group Admin further reserves the rights to remove any participant/member from the Group if it finds You or any participant/member to have circulated/posted any content which is objectionable or improper for the Groups or its participants and/or deemed to have violated the Terms of Use or for any reason whatsoever. The participants shall not challenge or question such removal by the Group Admin or declaration of any content as inappropriate or not compliant with the Terms of Use. The participant hereby agrees and acknowledges that any of such actions by the Groups Admin shall not be construed as defamatory by the participant or You. This Group shall be used only for communication and group chat in relation to financial investments, and financial products.
The views or comments posted herein by any participant (including any recommendation for investment and/or disinvestment in any financial products including mutual funds) shall be the views and comments of that participant only and shall not be construed to be the views or comments of the Group Admin and/or the Company, or its group entities/affiliates or that such view/comments are endorsed by them.
The participant agrees and acknowledges that views/comments/suggestion by any other participants in the Groups shall be subject to verification by the participant reading/relying upon such views/comment/suggestion including view/comments/suggestion with respect to any financial product or class of financial products and financial market conditions. The participant agrees and acknowledges that the investments in mutual funds, stocks or any other financial products are subject to market risks (including possible loss of the principal amount invested), and the participant shall read all investment/scheme-related documents carefully, and make its own assessment before making any investment/disinvestment decision.
You agree to defend, indemnify and hold the Group Admin, the Company and/or its group entities, its affiliates, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party or any other participant in the Groups, relating to or arising from: (a) any content You submit, post, transmit, or otherwise make available in and through the Groups; (b) Your use of the Groups; and/ or (c) any violation by You of the Terms of Use. This obligation shall survive the termination or expiration of these Terms of Use or termination of your usage of the Groups by You and due to Your removal by the Group Admin.
You agree and acknowledge that Your personal information including your mobile number disclosed in the Groups may be used by the participants and/or the Groups Admin/the Company to communicate or establish contact with you or for any other purposes. You hereby further unconditionally consents that such communications via SMS/text messaging services and/ or voice call by any other participant, Group Admin/ Company is (a) upon the request and/or authorization by you, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ under applicable laws including under the guidelines issued by Telecom Regulation Authority of India (“TRAI”) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You shall indemnify the Group Admin and/or Company against all types of losses and damages incurred by it or its affiliates, ,group entities, directors, officers, employees, agents, partners and licensors due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you or anyone on the Group Admin and/or Company or its affiliates, group entiites, directors, officers, employees, agents, partners and licensors with respect to the intimations mentioned above or due to a wrong number or other contact details provided by you for any reason whatsoever.
The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to the mutual funds and stocks. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/ or recommendations of the Company and You are required to read the documents carefully before investing in any mutual funds and/ or stocks. You may also be allowed to post and comment on such content on the Platform and You hereby undertake to ensure that such comments shall not be offensive and will be in accordance with applicable laws. All material added, created, submitted, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.
Last updated on November 29, 2022
These Terms and Conditions (“T&Cs for US stocks”) mandate the terms on which You accesses the Platform i.e. TaxSmart platform (website and/or mobile application) for buying or selling or trading in securities listed on the recognized stock exchange in United States of America (“US Stocks”) made available by ViewTrade Securities Inc. (“ViewTrade”) through the Platform (“Services for US Stocks”).
These T&Cs for US Stocks are in addition to the Terms and Conditions and Privacy Policy of the Platform that apply to You when You access and register on the Platform for availing the Platform Services. The Terms and Conditions and T&Cs for US Stocks shall be read harmoniously and in case of any conflict, the T&Cs for US Stocks shall prevail solely in relation to the Services for US Stocks to the extent of conflict. All capitalised terms used herein however not defined, shall have the meaning ascribed to them under the Terms and Conditions and/or the Privacy Policy. All information collected by the Platform to provide the Services for US Stocks will also be covered under the Privacy Policy.
Please read the T&Cs for US Stocks carefully before registering on the Platform for such services, or accessing any material information in relation to the Services for US Stocks through the Platform. By accessing and using our Services for US Stocks You accept these T&C and agree to be legally bound by the same.
The Company i.e. Billionbrains Garage Ventures Private Limited hereby grants You, a limited, non-exclusive, non-transferable, revocable license to use the Platform for the purposes of availing the Services for US Stocks.
You understand that Neobillion Fintech Private Limited (Neobillion) is merely acting as a facilitator, which refers clients (existing or new) interested in transacting in US Stocks to ViewTrade. ViewTrade is registered as a securities, broker dealer with the United States Securities and Exchange Commission (SEC) and is a member of Financial Industry Regulatory Authority (FINRA). The Company, Neobillion or any of its affiliates, does not deal in US Stocks on their own accord. Any purchase or sale of US Stocks is a bilateral transaction between ViewTrade and the User. All the services such as facilitation, clearance and settling of securities transactions shall be done by ViewTrade and the Company nor Neobillion will be liable for any deficiency in the performance of these services by ViewTrade.
You represent and warrant that You will fulfil all necessary requirements to bind Yourself to this T&Cs for US stocks and to open the account with ViewTrade. You shall ensure that You have made Yourself aware of all the requirements in relation to the eligibility for opening an account and availing the Services for US Stocks.
You understand that US Stocks are not Indian exchange traded products and all disputes with respect to this facilitation activity, would not have access to SEBI or any of the stock exchange in India (NSE/BSE) investor redressal forum or arbitration mechanism.
You understand that any grievance that You may have regarding Your account or any activity/transaction carried thereon shall be redressed by ViewTrade solely and the Company or Neobillion shall not be responsible for it.
You hereby represents and warrants that these T&Cs for US Stocks constitutes a legal, valid, and binding obligation of You and that all orders to be placed by You and transactions to be conducted under these T&Cs for US Stocks are lawful.
You hereby explicitly give Your consent to the Company and Neobillion to share your know-your-customer (KYC) details with ViewTrade including but not limited to telephone number, email address, and bank account and any other information as requested by ViewTrade for enabling You for investment in US Stocks through them. You agree to provide complete, genuine, and accurate information and documents to Neobillion for availing the Services for US Stocks and shall ensure that such information is not false, misleading, or incorrect. Please note that all verification of documents provided by You for the US Stocks is undertaken by ViewTrade.
You hereby consent to ViewTrade sharing your account related details including but not limited to ledgers, statement of accounts, holdings, bills with Neobillion to reflect these details in your account maintained on the Platform under the secured login.
Neobillion shall share the information and documents received from You for the US Stocks with ViewTrade through secure channels. While Neobillion undertakes measures to ensure that such transmission is error free, however, it does not guarantee that the transmissions of Your details will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Neobillion. Neobillion assumes no liability or responsibility for disclosure of Your information due to errors in transmission, unauthorized third-party access, or other causes beyond its reasonable control.
You hereby undertake to allow ViewTrade to connect Your account with the Company’s Platform. You further agree to be contacted by the Company or Neobillion for any information or document required as part of the account opening and/or extending the Services for US Stocks.
You hereby expressly authorize Neobillion to pass on the orders/instructions in respect of transactions, received from You on an as-is basis to ViewTrade. Neobillion does not represent that any trading instruction given by You shall be accepted and shall not be liable for any rejection of such instruction, suspension of trading in the account, restrictions on trading or any limitations imposed on trading. You understand that all these decisions shall be taken by ViewTrade at its sole discretion.
You agree that neither the Company nor Neobillion will be liable for default by ViewTrade or the bank/authorised dealers or third party payment aggregators in any manner whatsoever.
You further understand that in case of any breakdown of the system, network, connectivity, of the Company and / or ViewTrade, the Company and/or Neobillion will not be held responsible and liable for any loss that may be caused to You including on account of non – execution of any transaction.
You agree that the Company, at its sole discretion, may discontinue, modify or alter any aspect of the Platform or the Services, including, but not limited to, (i) restricting the time of the Platform and/or for which a Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any User’s right to use the Platform and/or any of the Platform Services.
You hereby undertake and confirms that You shall comply with provision of the Liberalised Remittance Scheme (LRS) released by the Reserve Bank of India (RBI) and any other terms as may be mandated by the authorised dealing bank though which remittance is being made, for the purpose of the said investment. You shall provide the complete remittance details and ensure that the details specified therein are true and correct in all respects.
You hereby undertake to conduct trade through funds available with You through legitimate and lawful activities and is not involved in any activity that facilitates money laundering, funding of terrorist or other criminal activities. You also undertake to comply and bear the sole responsibility to comply with all such applicable laws that shall facilitate You in investing in US stocks through ViewTrade.
You agree to pay all the necessary charges/fees etc to the bank/authorised dealers while undertaking the transactions.
You shall be solely responsible for any and all orders placed or transactions undertaken in respect of US Stocks through the Platform and understand that all orders are unsolicited and are based on Your own independent investment decisions.
You are cognisant and confirm that Company, Neobillion, any of the TaxSmart Group entities and any of their employees, agents, group, associates principals, or representatives do not:
You understand that the arrangement between Neobillion and ViewTrade is on a principal to principal basis and neither party should be construed as an agent of the other party for the provision of services for trading in US stocks. You understand that neither the Company nor Neobillion accepts trade nor opens accounts on behalf of ViewTrade and the brokerage account for dealing in US Stocks is opened by You directly with View Trade and is maintained by ViewTrade independently from the Company and Neobillion. You understand that Neobillion may receive compensation from ViewTrade for facilitating such transactions and referring User to ViewTrade for dealing in US Stocks. The Company or Neobillion and the ViewTrade do not supervise each other’s conduct or activities, and that each are accountable independently to You for the services each provides. Neobillion and ViewTrade have entered into an agreement to provide the services requested by You, but by doing so does not create any obligations or joint liability for the services each separately provides to You.
You understand and agree that investment in US Stocks carries an inherent risk and You agree to undertake such risks. There is no guarantee/assurance as to returns or profits or capital protection or appreciation. Trading/Investment decision is Your sole responsibility. Any information provided in the Platform regarding the performance of any of the US Stocks is neither an advice nor a guarantee regarding the performance of such security. You are required to form Your own independent decision, before investing in any US Stocks.
You agree to indemnify and keep the Company and/ or Neobillion and their directors, associates, group, employees and representatives indemnified from and against all actions, claims (third party claims), demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the Company, Neobillion and/or their employees, agents, associates, affiliates, directors or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) by reason of the Company or Neobillion acting in good faith and taking or refusing to take or omitting to take action on User’s instructions, and in particular arising directly or indirectly out of Users’ negligence, mistake or misconduct; (ii) Your breach or non-compliance of the T&C for US Stocks; and/or (iii) fraud or dishonesty relating to any transaction done by the User or misrepresentation with respect to data and information provided by You.
You understand and acknowledge that neither the Company nor any of TaxSmart Group entities shall be liable in case of loss damages, caused to You on account of any interruption, malfunction, error, non-availability, technical glitch, international timings etc of the Platform or failure or error of any transaction on the Platform.
The Company and/or Neobillion reserve the right to change/modify these T&C for US Stocks without any prior notice to You. You can determine when these T&Cs for US Stocks was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these T&Cs for US Stocks periodically for changes. Your acceptance of the amended T&Cs for US Stocks or Your continued use of the Services for US Stocks shall signify Your consent to the changes and agreement to be legally bound by the same.
These T&C for US Stocks shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Bangalore, India shall have exclusive jurisdiction in respect of any matters arising therefrom.
You hereby confirm to have read and understood the Customer Relationship Summary and Best Interest Disclosures Supplement and VT disclosure disclosed by ViewTrade on its website, the link of which is below and be bound by the same.
These Terms and Conditions (“TnC”) govern the use of the Exit’ feature(“Feature”) provided by Nextbillion Technology Pvt. Ltd (“NBT”).
When you use the 'Safe Exit' feature, we'll automatically trigger orders to close your open positions in futures and options when your total profits or losses for the day reach a level you set.
Before we close these positions, we'll make sure to cancel any other pending orders you might have, except for specific types of orders called GTT and OCO.
This helps you manage your positions more effectively and avoid any unexpected losses or gains. Learn moreThese terms and conditions contain the terms which apply to You (User) for accessing and/or registering on the website and mobile application ‘TaxSmart’ (Platform) which is owned and managed by Billionbrains Garage Ventures Private Limited (BGV). The T&Cs for CFS apply specifically to the facilitation services provided by BGV and/or Neobillion Fintech Private Limited (“Neobillion”) in relation to personal loans and other credit line products offered/ approved by Banks/NBFCs who have partnered with BGV/ Neobillion (Financial Institutions) through the Platform (“Credit Facilitation Services / CFS”).
The T&Cs for Credit Facilitation Services are in addition to the Terms and Conditions and Privacy Policy of the Platform that apply to You when You access and register on the Platform for availing the Platform Services. The Terms and Conditions and T&Cs for CFS shall be read harmoniously with each other and in case of any inconsistency or conflict between them, the T&Cs for CFS shall prevail to the extent of such inconsistency or conflict. All capitalized terms used but not defined, shall have the meaning ascribed to them under the Terms and Conditions and/or the Privacy Policy. All information collected by the Platform to provide the CFS will also be governed by the Privacy Policy.
Please read the T&Cs for CFS carefully before registering on the Platform for such services or accessing any material information in relation to the CFS through the Platform. By accessing and availing the CFS, You accept the terms contained herein and agree to be legally bound by the same.
The CFS would also include communication with the User for queries, enquiries, and other customer support.
BGV/ Neobillion acts as a facilitator for various Banks, NBFCs (“Financial Institutions”) wherein the role of BGV/ Neobillion is limited to the extent of enabling access to the Platform to Users, wherein the loans, finance facilities or other credit products (collectively “Credit Products”) are being offered and provided by the respective Financial Institutions at their sole discretion. All transactions are bilateral transactions between the Financial Institutions and You. You shall abide by the terms and conditions set forth by the Financial Institutions, as made applicable to you, for availing Credit Products/ services from them.You hereby authorize and provide Your consent to BGV/ Neobillion for assisting in creation and presentation of the mandate in favor of Financial Institutions thereby enabling debit of Your bank account and collection of monthly installments in accordance with the mandate instructions.
We shall in Our best efforts undertake measures to ensure that transmission of Your information and details is secure. However, We assume no liability or responsibility for disclosure of Your information due to errors in transmission, unauthorized third-party access, or other causes beyond our reasonable control.
You hereby agree and acknowledge: (i) to promptly provide all requested know-your-customer (KYC) details (including identity proof, permanent account number (PAN) and address proof) and any other information as may be requested by the Financial Institutions for providing the Credit Products/ services to You and undertaking the verification of the KYC. You understand and agree that Your KYC, CKYC details and documents may be shared with the Financial Institution of Your choice by Our regulated entity, TaxSmart Invest Tech Private Limited which is a subsidiary of BGV and you hereby give Your consent for the same. BGV and/or Neobillion reserves the right to request for additional information or documents from You while providing the CFS. You understand, agree and give Your consent to share all such information and documents collected by BGV and Neobillion with the Financial Institution and You agree to provide complete, genuine, and accurate information and documents to Financial Institutions for availing the CFS and shall ensure that such information is correct, updated and accurate.
You hereby represent and warrant that these T&Cs for CFS constitute a legal, valid, and binding obligation on You and that all orders to be placed and transactions to be conducted under these terms are lawful.
You confirm that funds disbursed by the Financial Institution as a part of their Credit Product/services are not used in capital markets or for any speculative purpose in any manner whatsoever.
Please note that BGV and/ or Neobillion and any of their group, subsidiary, associate and/or affiliate entities shall not be held responsible and liable for delivery, quality, or merchantability of the Credit Products being offered as a part of CFS.
You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be applicable as a result of purchase, closure or redemption of Credit Products.
The decision to accept or reject the Credit Product(s) is that of the respective Financial Institution, and BGV/ Neobillion shall not undertake any responsibility or liability to You in this regard. The Financial Institutions may decide, in its sole discretion, to reject a request from a User, including but not limited to (i) failure to complete KYC verification, as determined by the Financial Institutions; and/or (ii) if the payment is made from an account which the User is not authorised to operate. BGV and/or Neobillion will not be responsible or liable to the User or any third party, for any acts or omissions of the Financial Institutions including delay, rejection or cancellation or any loss of money or damage caused to You on account thereof, breach of confidentiality or any applicable law by the Financial Institutions, negligence of Financial Institutions or failure of Financial Institutions to perform any obligations with respect to the CFS.
You understand that the Financial Institutions will be solely responsible and the final liability to resolve any queries/complaints/grievances and address any issues/complaints/grievances relating to the Credit Products shall lie with the Financial Institutions, and BGV/ Neobillion shall not be liable in any manner.
You acknowledge that BGV/ Neobillion nor any of their employees, directors, associates, group entities are inducing the Users to avail CFS.
You understand and acknowledge that BGV/ Neobillion and any of their group company, subsidiary, associate and/or affiliate entities shall be liable in case of loss or damages, caused to You on account of any interruption, malfunction, error, non-availability, technical glitch of the Platform, or failure or error of any transaction on the Platform.
You agree to indemnify and keep BGV and/ or Neobillion and their affiliates, group entities and associate companies, their directors, associates, employees and representatives indemnified from and against all actions, claims including third party claims, demands, proceedings, losses, damages, costs, charges and expenses, arising directly or indirectly (“Losses”) out of: (i) the negligence, mistake or misconduct of the User; (ii) breach or non-compliance of the T&C for CFS by the User; and/or (iii) fraud or dishonesty relating to any transaction by the User or misrepresentation with respect to data and information provided by You.
You hereby give Your consent to Us for sharing of Your Information including KYC information with Our regulated entity, UpGrowth Marketing Private Limited and/or TaxSmart Invest Tech Private Limited and other necessary details with Our group entities, subsidiary, associate and/or affiliate entities, when You express Your interest in availing their services.
You will be responsible for ensuring the complete and timely repayment of the loan amount to the Financial Institution. BGV and/or, Neobillion shall not, at any time, be held responsible for the repayment by You of any portion or whole portion of the Loan Amount to the Financial Institution. In relation to the foregoing, You shall keep BGV/ Neobillion indemnified for and against any loss, damage, expenses, liabilities arising due to any claims by Financial Institutions or any third party.
The T&C for CFS shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Bangalore, India shall have exclusive jurisdiction in respect of any matters arising therefrom.
The Client hereby agrees and undertakes to abide by the following Terms and Conditions (T&C) for availing Margin Trading Facility (“MTF”) from Nextbillion Technology Private Limited (“Stock Broker”):
If an Event of Default takes place, then:
Background:
MTF product offers features of buying securities with leverage against available margin (funds + collateral pledged) with TaxSmart by the client. Under this product, buy trades are allowed in product type ‘MTF’ with the leverage percent as defined on a daily basis as per internal risk approved list. Leverage will not exceed (but can be more stringent) than SEBI defined criteria which is currently VAR + 3x ELM for stocks in derivatives and VAR + 5x ELM for non-derivatives stocks for Group I securities as per SEBI norms. By nature, this is a leverage product and the client needs to maintain adequate margin at all point in time against his / her outstanding obligation. MTF positions can be held indefinitely subject to margin norms. However Nextbillion Technology Pvt Ltd will have the right to change their policy of liquidating any positions after giving due notice.
Leverage and margins:
Maximum and Concentration Limits
Risk Liquidations
The following Terms and Conditions (“Terms”) shall be applicable to the Customer (defined below) for availing and using Bill Payment Services (defined below) over Platform (defined below) for making payment towards Billers (defined below) through an authorized Bharat Bill Payment Operating Unit i.e. namely PayU Payments Limited (“PayU”) duly empowered by NPCI Bharat BillPay Limited (“NBBL”), (a wholly owned subsidiary of National Payment Corporation of India (“NPCI”)) and Reserve Bank of India (“RBI”) on the terms & conditions appearing herein below. .
TaxSmart Pay Services Private Limited (“TaxSmart”, “We”, “Us”, “Our”) offers a wide range of Bill Payment Services on Our payment service platform – TaxSmart (“Platform”) to facilitate the Bill Payments (defined below) with regard to numerous establishments in the capacity of an Agent Institution. Those establishments that are not covered under the NBBL’s BBPS System, are supported by Biller Aggregator PayU.
“Agent Institution” shall mean an agent onboarded by BBPOU (defined below) as a customer service point for provision of Bill Payment Services (defined below). TaxSmart is facilitating the Bill Payment Services in the capacity of an Agent Institution after being duly onboarded by PayU, being the authorised BBPOU.
“BBPCU” shall mean Bharat Bill Payment Central Unit i.e., NBBL - a single authorized entity operating BBPS (defined below).
"BBPS” shall mean Bharat Bill Payment System Services under the supervision of NBBL/ RBI.
“BBPOU” shall mean Bharat Bill Payment Operating Units functioning in adherence to the standards set by the RBI and BBPCU. PayU is the authorised BBPOU under the present arrangement.
“Biller” shall mean a service provider who ultimately receives payments from Customers and participates in the BBPS through the BBPOU and shall be read with the meaning ascribed to the term in the Procedural Guidelines of NBBL (defined below). This may include such Billers onboarded by PayU.
“Biller Aggregator(s)” shall mean and include PayU with whom, TaxSmart has direct arrangements for facilitating Bill Payment Services with respect to the Billers that are not covered under the NBBL’s BBPS framework.
"Bill" shall mean the amount paid by the Customer to Merchant (defined below)/Biller via Agent Institution for Bill Payment (defined below) which may include convenience/ service charge (if any) and all other taxes, duties, costs, charges and expenses (if any).
“Bill Payment” shall mean the Bill paid by the Customer, wholly or in part for the utility/ other services provided by the Merchant/Biller.
“Bill Payment Services” shall mean and include the bill payment services through the BBPOU duly covered under NBBL’s BBPS framework and also the bill payment services wherein TaxSmart has direct arrangement with Bill Payment Aggregator like PayU.
“Merchant” shall mean the merchant providing products/ services to the Customer.
“OFF-Us” shall have the meaning ascribed to the term in the Procedural Guidelines of NBBL, where the Biller and payment collecting agent belongs to different BBPOUs other than PayU;
“ON-Us” shall have the meaning ascribed to the term in the Procedural Guidelines of NBBL, where Biller and payment collecting agent belong to PayU.
“Guidelines” herein refers to Implementation of Bharat Bill Payment System – Guidelines dated November 28th, 2014, issued by the RBI and guidelines provided by any appropriate authority, from time to time including any/ all amendments, additional circulars, as the case may be, and shall include Procedural Guidelines of NBBL.
“Procedural Guidelines of NBBL” shall mean Procedural Guidelines For Bharat Bill Payment System issued by the NBBL in December 2017 and as amended from time to time.
"Transaction" shall mean every order or request placed by the Customer either as On-Us transaction or Off-Us transaction through Bill Payment Services on the Platform, for making payment of Bill to the Biller while using and accessing the Platform.
“You”, “Yours”, “Yourself”, “End User Customer”, “Customer”, “User” shall mean the individual who wish to avail Bill Payment Services over the Platform for making payments towards identified Billers.
BILL PAYMENT SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE BILL PAYMENT SERVICES, ARE PROVIDED “AS IS”, "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TaxSmart MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OR CONDITION OR UNDERTAKING OR TERM OF ANY KIND WHATSOEVER FOR THE BILL PAYMENT SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE BILL PAYMENT SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE BILL PAYMENT SERVICES. TaxSmart DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE BILL PAYMENT SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TaxSmart DOES NOT WARRANT (i) THAT THE FUNCTIONS CONTAINED IN THE BILL PAYMENT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (ii) THAT THE BILL PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS; AND (iii) THAT ANY PRODUCTS, INFORMATION OR MATERIAL OBTAINED BY YOU IN CONNECTION WITH THE BILL PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS. TaxSmart SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTION (INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS) THAT YOU MAY FACE ON THE PLATFORM WHETHER OR NOT CAUSED BY TaxSmart. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE BILL PAYMENT SERVICES AND OTHER INFORMATION PROVIDED BY TaxSmart. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
Cashbacks may be offered by Billionbrains Garage Ventures Pvt. Limited and/or any of its subsidiaries, affiliates or group companies. Cashbacks and/or discounts are offered at our sole discretion and cannot be claimed as a matter of right. You agree and understand that cashbacks and/or discounts are non-negotiable, non-transferable, non-convertible, non-assignable and cannot be exchanged for money or money equivalent.
Cashbacks and any program associated with it may be withdrawn at any time at our sole discretion. Cashback may be forfeited by us in the event of non-utilisation of cashback within a period of 90 days.
You may require to login or create an account to avail certain cashback benefits.
In certain instances where a transaction for which the cashback is provided is canceled, withdrawn, terminated, nullified or voided for any reason whatsoever, we reserve the right to forfeit the cashback. Any refund to be processed, will be processed only after redeeming the cashback from the refund amount including where the cashback amount surpasses the entire refund amount in which event the entire refund amount may be withheld.
TaxSmart, Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned by TaxSmart and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of TaxSmart or other respective third parties, as the case may be. You are not permitted to reproduce or distribute or otherwise use the Marks without the prior consent of TaxSmart or the third party that may own the Marks.
TaxSmart shall not at any point of time hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the application form, applied for and the registrations obtained by the Users.
You agree that any violation by You of these Terms shall constitute an unlawful and unfair business practice, and will cause irreparable harm to TaxSmart, for which monetary damages would be inadequate, and You consent to TaxSmart obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that TaxSmart may have at law or in equity.
In no event will TaxSmart be liable for any direct or indirect, consequential, incidental, special or punitive damages liabilities (including statutory), including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Platform.
You shall indemnify, hold harmless and defend TaxSmart, its directors, employees , licensee (as applicable), its independent contractors, and their respective officers, directors, agents, and employees, from any claim or demand, or actions or damages, costs, liabilities and expenses including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of any actual or alleged breach of these Terms and other policies, terms, guidelines provided by Us, or Your actual or alleged violation of any applicable law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party or in case of gross negligence, fraud and misconduct or Your wrongful or improper use of the Bill Payment Services.
You agree that, if You are dissatisfied with the Bill Payment Services or any portion thereof, Your exclusive remedy shall be to stop using the Bill Payment Services.
You agree that TaxSmart at its sole discretion may terminate Your arrangement without prior notice and restrict Your access to TaxSmart App if We determine that You have violated the Terms. You consent that in case TaxSmart suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief as deemed necessary within the said circumstances. We may also suspend Bill Payment Services or terminate Your arrangement in case of violation of User conduct of the Platform as defined by TaxSmart.
These Terms and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. The courts in Bengaluru, Karnataka shall have exclusive jurisdiction over all matters connected with the Bill Payment Services.
We endeavor to execute and process transactions as per the defined process, however, We, shall not be held responsible for any non-responsiveness, delay, failure of systems or any other circumstances that might not be in Our control.
We reserve the right to change/modify the Terms, at any time and without notice. You can determine when the Terms were last modified by referring to the “Last Updated” legend above. However, We shall not undertake to update You with the content contained herein from time to time. You are obliged to exercise Your independent diligence on the same before arriving at any decision and You will be solely responsible for Your actions. We shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information in the Terms. Your continuous use of the TaxSmart following the posting of changes shall mean that You accept and agree to the changes and the Terms and Conditions and shall be legally bound by the same. You acknowledge and agree that the Bill Payment Services shall be subject to these Terms.
All notices from TaxSmart will be served by email or SMS to Your registered email address or Mobile number respectively or by general notification on the Platform.
You cannot assign or otherwise transfer these Terms, or any rights granted hereunder to any third party. Our rights under these Terms are freely transferable by TaxSmart to any third party without the requirement of seeking Your consent.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
TaxSmart shall not be liable to You for its failure to perform or for delay in providing You access to Your account or to any Bill Payment Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, sabotage, civil unrest, network disruptions or failures, change in laws, rules and regulations, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or actions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.
For additional information, you can refer to our FAQs which provide answers to common questions and concerns. We are here to ensure that your experience with TaxSmart is seamless and supportive.
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