This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) (a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal data or Information) Rules, 2011 framed under the (Indian) Information Technology Act, 2000 (as amended from time to time) that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.File My Tax online.in Platform.
The online platform – www.File My Tax online.in, is owned and operated by WINIIN TAXSCOPE PRIVATE LIMITED, a private limited company incorporated under the Companies Act, 2013 with its registered office at 203, Fortune Heights C-94, Subhash Marg, Jaipur, Rajasthan-302001 ("File My Tax online", "We", "Our". "Us"). The Website its sub-domains and other sites/ apps/ other channels including any mobile applications maintained by File My Tax online to enable the Services shall be collectively referred to hereinafter as the ("Platform"). The products and services provided by File My Tax online through the Platform shall be referred as ("Services").
The words "You" and "Your" refer to the person(s) who use and avail the Services provided by File My Tax online through the Platform and shall include both singular and plural. The Services provided herein is only for the Indian citizens and tax resident of India.
Read carefully and understand these terms of use (“Terms”) before accessing this Platform. By accessing or using any part of the Platform, You agree to be bound by these Terms. If You do not agree to these terms then You may not access the Platform or use the Services provided by File My Tax online through the Platform.
For the purpose of the Terms and wherever the context so require, the terms 'You' or 'Your' shall mean any person who uses the Platform or the Services in any manner whatsoever including persons browsing the Platforms and its content, posting comments or any content or responding to any advertisements or content on the Platforms. By accessing the Platform and/or by using the Service, You agree to comply with these Terms. Additionally, when using a portion of the Service, You agree to conform to any applicable posted guidelines for such Service, which may change from time to time. Thus, You accept the Terms by creating an account for Services at any File My Tax online Platform. Should You object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with File My Tax online in any way, You hereby explicitly agree that Your only choice is to immediately discontinue access or use of the Services provided by File My Tax online through the Platform.
It will be Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You.
Your continued use of the Platform following the posting of changes to the Terms will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, nonexclusive, non-transferable, revocable, limited privilege to enter and use the Platform and the Services for the legitimate and lawful purposed mentioned herein. By using Platform We do not grant authority to collect, aggregate, segregate, duplication, display or any other derivative use of the Service or information provided by Us.
You understand and agree that translation of the Terms if any, into other languages is for Your convenience only and that the English version governs the terms of Your relationship with File My Tax online. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail and govern.
As soon as You access, browse or otherwise use the Platform and/or the Services, it is implied and indicates Your agreement to all the terms and conditions under these Terms.
Use of the Platform and/or the Services, either by registration or by any other means, is available only to persons, who are citizens of India or Non-Resident Indians, who are 18 years of age and above and persons who can enter into a legally binding contract, and/or are not barred by any law for the time being in force.
Form and nature of the Services which File My Tax online provides may change from time to time without prior notice to You. File My Tax online may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at File My Tax online's sole discretion, without prior notice to You. You may stop using the Services at any time. Normally, You do not need to specifically inform File My Tax online when You stop using the Services. You acknowledge and agree that if File My Tax online disables access to Your account, you may be prevented from accessing the Services and/or the Platform, Your account details or any files or other content which is contained in Your account.
You agree to allow Us to add You as Our client on the Income Tax Department web services to submit ITR, retrieve ITR-V, refund status, 26AS, etc as per the Electronic Furnishing of Return of Income Scheme, 2007 including any subsequent amendments, notifications or similar schemes, regulations, rules issued from time to time.
You acknowledge and agree that while File My Tax online may not currently have set a fixed upper limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by File My Tax online at any time, at File My Tax online’s discretion.
While preparing Your tax return / filing Your tax return or to provide advice about tax matters, You will need to provide information about Your income, investments, credits, dependents, etc. Collectively, this information is known as (“Tax Return Information”). In order to use File My Tax online Services, You will need to provide Your Tax Return Information. You agree that any Tax Return Information You give to File My Tax online will always be accurate, correct and up to date and File My Tax online shall not in any way be liable for any claims or disputes, which arises due to any wrong Tax Return Information provided by You and/or which are not attributable to File My Tax online.
We will prepare the return as per the Tax Return Information given by You. File My Tax online is only medium/platform between You and income tax department for filing the income tax return and other related services. You will be solely responsible for any action taken against You by the income tax department.
You will not access any of the Services by any means other than through the interface that is provided by File My Tax online, unless You have been specifically allowed to do so in a separate agreement with File My Tax online. You specifically agree not 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. Unless You have been specifically permitted to do so in a separate agreement with File My Tax online, You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You will be solely responsible for (and that File My Tax online has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which File My Tax online may suffer) of any such breach. File My Tax online will not be held responsible for the data loss / data breach due to hacking of the server/system or due to any other technical reason.
No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that You are responsible for Your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that You will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to File My Tax online about other users.
Both the Client and We have the right to terminate any Services for any reason, including the ending of Services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to Us which constitute payment in respect of the provision of unused Services shall be refunded as per the discretion of File My Tax online.
For information about File My Tax online’s data protection practices, please read File My Tax online’s privacy policy at https://filemytaxonline.com/legal/privacy-policy. This policy explains how File My Tax online treats Your personal information, and protects Your privacy, when You use the Services through Our Platform. You agree to the use of Your data by File My Tax online in accordance with File My Tax online’s privacy policies.
File My Tax online takes great care in ensuring the correctness of Your Income Tax Return based on the data provided by You. There are strong test suites and professionals (internal and third party) who work hard on ensuring the correctness of File My Tax online software. However, File My Tax online provides no guarantee or warranty on the correctness of Your Income Tax Return. You are required to review Your Income Tax Return for ensuring correctness. You will not hold File My Tax online responsible for any issue that arises from incorrect Income Tax Return filing. Also, You hereby explicitly agree that File My Tax online will not be held responsible for any error occurred due to bugs in the system/server or due to any other technical reason.
You will be responsible for maintaining the confidentiality of passwords associated with any account You use to access the Services. Accordingly, You will be solely responsible to File My Tax online for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to notify File My Tax online immediately.
Also, You agree and authorize File My Tax online to save Your income tax Platform user id and password and, accordingly, File My Tax online can use Your income tax Platform account and other related accounts to provide You services and for research purpose.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprisings, earthquakes, floods or any other natural or manmade eventuality outside of Our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Any controversy or claim arising out of or relating to this contract the breach thereof, shall be settled by sole arbitrator appointed by File My Tax online in accordance with Arbitration and Conciliation Act, 1996.
The terms of the agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Jaipur, India in all disputes arising out of or relating to the use of this Platform.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND THE PRODUCTS/SERVICES IS AT YOUR SOLE RISK. THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. File My Tax online AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS PLATFORM AT ANY TIME. THIS PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. File My Tax onlineAND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED ON THIS PLATFORM. File My Tax online AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
IN NO EVENT SHALL File My Tax online AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PLATFORM OR WITH THE DELAY OR INABILITY TO USE THIS PLATFORM, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THIS PLATFORM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF File My Tax online OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT, File My Tax online, ITS ASSOCIATED ENTITES, DIRECTORS, EMPLOYEES, AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THIS TERMS; (II) USE OF OR ACCESS TO THE PLATFORM AND/OR THE SERVICES; OR (III) YOUR USE OR INABILITY TO USE THE SERVICES PROVIDED THROUGH THE PLATFORM; OR (IV) ANY OTHER INTERACTIONS WITH File My Tax online, OR (V) ANY ACTION OR OMISSION CAUSED BY ANY OTHER THIRD PARTY, HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS OF INR 5000, OR THE AMOUNT MANDATED AS PER APPLICABLE REGULATORY GUIDELINES.
File My Tax online as well as the design and information contained in this Platform is the valuable, exclusive property of File My Tax online, and nothing in this Terms and Conditions of Use shall be construed as transferring or assigning any such ownership rights to You or any other person or entity.
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by File My Tax online prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share File My Tax online or its Products/Services, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by File My Tax online prior to such use. In addition, You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of File My Tax online without prior written authorization. Except as set forth herein, any other use of the information contained in this site requires the prior written consent and may require a separate fee.
File My Tax online (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, system / server failure of either File My Tax online or third party, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. File My Tax online shall have no responsibility to provide You access to this Platform while interruption of File My Tax online is continued, due to any such cause mentioned here.
You acknowledge that the information provided through File My Tax online is compiled from sources, which are beyond the control of File My Tax online. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and File My Tax online does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors,
YOU ACKNOWLEDGE THAT File My Tax online IS PROVIDED TO YOU ON AN "AS IS" BASIS. File My Tax online EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, File My Tax online DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
Under this Terms and Conditions of Use, You are responsible for all risk of errors and/or omissions in File My Tax online, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy Your requirements for the accuracy and suitability of File My Tax online, including the information, and for maintaining any means, which You may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the Terms and conditions of Use.
Any changes in tax laws and procedures would be incorporated in the Platform without unreasonable delay. However File My Tax online disclaims all responsibility to update the Platform or the service/s offered for any reason whatsoever. You understand and agree that the Tax laws are liable to subjective interpretations and opinions and while offering the service/s and or products File My Tax online's team of tax experts interpret the vast number of tax law provisions in the most reasonable and law abiding manner. The income and tax calculations may be different from another tax professional's point of view. Hence, You understand and agree that File My Tax online will not be responsible for any errors, misrepresentation or miscalculations in case of income or tax areas reported or displayed or printed in any form through the service/s or products.
You shall provide and maintain all telephone/internet and other equipment necessary to access this Platform, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by You. You are responsible for operating Your own equipment used to access File My Tax online.
You agree to indemnify, save, and hold File My Tax online, its associated entities, affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein or for infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Platform.
File My Tax online grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it for commercial use. Unless otherwise stated, copyright and all intellectual property rights in or of the Platform and all material presented and contained in the Platforms, together with the Platform design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software including but not limited to text, audio, video or graphical images, trademarks and logos appearing on this Platform belongs to File My Tax online, its parent, affiliates and associates or licensed to File My Tax online and are protected under applicable Indian laws. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted without File My Tax online’s express written consent. Strict action shall be taken against any infringement and shall be vigorously pursued and defended to the fullest extent permitted by law.
Copyright and all intellectual property rights in all third-party material presented on this Platform belongs to such third parties and access and usage of such third party material shall be governed by the terms and conditions specified by such third parties.
The license provided to You under this Terms is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools.
The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of File My Tax online, as may be applicable. Any unauthorized use of the Platform shall forthwith terminate the permission or revoke the license granted by File My Tax online herein.
The Platform is intended for personal, non-commercial use. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Platform by You and anyone using Your password and login information (with or without Your permission). You may not use the Platform to make any fraudulent applications. You agree not to use the Platform for any purpose that is unlawful, illegal or forbidden by these Terms, or any applicable laws. File My Tax online is running the Platform in India, so remember that by using the Platform, We need You to agree to comply with laws that apply to India, including laws that apply to exporting technical data.
You shall not use or access the Platform or any Service to host, display, upload, modify, publish, transmit, store, update or share any information that:
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
File My Tax online recognizes the receipt, transmission or distribution of spam emails (unsolicited bulk emails) as a major concern and has taken reasonable measures, to minimize the transmission and effect of spam emails in its computing environment. All emails received by File My Tax online are subject to spam check. Any email identified as spam will be rejected with sufficient information to the sender for taking necessary action. With this measure, along with other technical spam reduction measures, File My Tax online hopes to minimize the effect of spam emails. File My Tax online reserves the right to reject and/or report any suspicious spam emails, to the authorities concerned, for necessary action, from time to time.
Certain links on the Platform lead to resources located on servers maintained by third parties over whom File My Tax online has no control. File My Tax online has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by File My Tax online of the site. Third party links to File My Tax online shall be governed by a separate agreement. Any transactions relating to services not directly offered by File My Tax online are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this Platform. The advertisements that You see displayed on this Platforms are delivered by third parties and File My Tax online will not be responsible for any promises, representations made in the advertisements.
File My Tax online may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or voice call or internet-based messaging applications like WhatsApp or by any other reasonable means based on the details provided by You. In case of any change in any details provided by You, including but not limited to email id and/or mobile number and/or correspondence address, you shall inform File My Tax online in writing in advance in the prescribed format to carry out the necessary changes in its records.
You hereby unconditionally consent that such communications sent by File My Tax online to you via the above-mentioned modes are upon the request and authorization from You.
Except as otherwise set forth herein, notice to File My Tax online must be sent by courier or registered email to [email protected]
File My Tax online does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. File My Tax online shall not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an electronic communication being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond File My Tax online’s reasonable control. All correspondence will be in English
You agree to be contacted by File My Tax online and its representatives over phone or on registered email id with reference to the Services. You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS or calls from File My Tax online. You agree to take steps to deregister from the DND list and shall not hold File My Tax online liable for non-receipt of SMS or calls in the interim period.
