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Terms & Conditions
By using our Accounting & Payroll Processing Services, you agree to comply with the outlined terms and conditions.
Terms & Conditions
Introduction
This website is operated by MyITRWala (hereinafter referred to as “My ITR Wala”) Throughout the site, the terms “we”, “us”, and “our” refer to MyITRWala, who offers this website, including all information, tools and services available from this site to client, the user, conditioned upon client’s acceptance of all terms, conditions, policies and notices stated here. By visiting our site and / or purchasing something from us, client engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, client agrees to be bound by these Terms of Service. If client do not agree to all the terms and conditions of this agreement, then client may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1. SCOPE OF SERVICES
The services under this Service Agreement shall be restricted to the following scope: The Services be limited to providing financial advisory and financial compliance services, on a non-exclusive basis and for a period hereinafter described, entirely at the Client’s risk. The Client has the sole discretion to decide on whether to act upon the advice tendered by the Financial Advisor and the Advisor shall have no power, authority, responsibility or obligation to ensure or cause the client to act upon the advice tendered by financial advisor pursuant to this agreement. Client acknowledge that our Services does not provide execution services and client shall at client’s discretion, judgment and opinion choose the Intermediary through whom client wish to execute our advice or recommendation. Client acknowledge and confirm that for the purposes of executing such advice or recommendation client shall accordingly contract with such Intermediary on a principal to principal basis.
2. MAINTENANCE OF CLIENT’S RECORDS AND STATEMENT OF ACCOUNTS
2.1. In respect of client’s Account(s) & Financial Records with us, we will maintain records of Financial Assets and/or transactions in respect of which we have provided advice. Where any transactions have been executed through other financial advisors or other Associates, client authorize us to receive such information from such other advisor or Associate to enable us to update our record of client’s financial records. 2.2 Unless otherwise agreed by us in writing or required by law, client agree that with respect to the statements or reports that we may provide to client, we have the discretion to consider such parameters, make such assumptions and prepare in such format as we deem fit.
3. OUR LIABILITY AND RESPONSIBILITIES TO THE CLIENT
3.1 We will attend to Client’s financial affairs with due care and diligence, but we will not be liable for the performance or profitability we recommend for the client. All decisions in relation to financial transaction and Investments are based on client’s own evaluation of their financial circumstances and investment objectives. Any decision, action or omission to any financial transaction shall be based solely on his/her own verification and a proper evaluation of all the relevant facts, financials and other circumstances and neither we nor any of our employees, officers, directors, personnel, agents or representatives or Associates shall be responsible or held liable for the same for any reason whatsoever. 3.2 Where we, have agreed to provide the client with advice or recommendation with respect to any financial transaction or compliance, we shall adhere to the following responsibilities and obligations: (a) We shall act in a fiduciary capacity and shall disclose all conflicts of interests as and when they arise and where appropriate, obtain your consent; (b) We shall not receive any consideration by way of remuneration or compensation or in any other form from any other person in respect of the underlying products or Services for which advice is provided; (c) We shall maintain an arms-length relationship between our activities as an Adviser (e) We shall abide by the Code of Conduct as may be amended, supplemented or replaced from time to time; 3.3 The Client confirm that they are aware that Financial Transactions are subject to a very wide variety of risks which include amongst others (and by way of illustration) an unpredictable loss due to, inter alia: overall economic slowdown, unanticipated corporate performance, environmental or political problems, changes to monetary or fiscal policies, changes in government policies and regulations with regard to industry and exports etc.
4. TERMINATION
It is agreed that either party to this Service Agreement shall have the right to terminate this Agreement without having to assign any reasons, by providing the other party, a thirty (30) days’ prior written notice of the same. Without prejudice to any other remedy available at law or equity, in the event of default by either of the Parties, the non-defaulting Party shall have the right to terminate this Agreement forthwith in the event of the defaulting Party failing to perform or rectify such breach of its obligations under this Agreement within a period of thirty (30) days from the date of notice to rectify such default.
5. CONFIDENTIALITY
The Service provider agrees to handle all information provided by the Client with utmost care and confidentiality in accordance with applicable regulations and prescribed industry standards. However, if required by an appropriate government authority or by the Regulations, the Service Provider may have to divulge said confidential information but agrees to provide appropriate notice to the Client before doing so.
6. ARBITRATION AND DISPUTE RESOLUTION
Any dispute in connection with the interpretation, performance, termination of this Service Agreement, or otherwise in connection with this Agreement (“Dispute”) shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, as may be amended from time to time, or any re-enactment thereof, by a sole arbitrator to be mutually appointed by both Parties. The arbitration proceedings shall be conducted at Delhi, in the English language. The arbitration award in respect of a Dispute shall be final and binding on the Parties, and enforceable in accordance with its terms. The arbitrator shall state reasons for his / her findings in writing. The Parties agree to be bound thereby and to act accordingly.
7. GOVERNING LAW AND JURISDICTION
The terms & Conditions of this Agreement shall be governed by the Laws of India. The Parties agree that the courts in Delhi shall have exclusive jurisdiction over any dispute arising out of this Agreement. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. you can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. you continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Without limiting any other provision of these Terms Of Use, We reserve the right to, in our sole discretion and without Notice or Liability, deny access to and use of the site (Including blocking certain IP Addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these term of use or any applicable law or regulations. We may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account or service quote for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account or service quote, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. The Consultation service is subject to the availability of desired time slot. A service representative will contact you within a maximum of 2 working days to book the desired service consultation session. The consultation session with the expert consultant will include an assessment of your financial goals and collection of personal financial information. Before the consultation service, the service representative will send an estimate of the financial service charges. The consultation fees are non-refundable. Should you proceed with the financial services, the consultation fees can be adjusted against the financial service charges if availed within one month. These Terms of Use shall remain in full force and effect while you use the Site.