effiGST Terms of Use

Last updated on: July 19, 2017

Acceptance of these terms 

The following Terms of Use (“Terms of Use”) is applicable to you for using our EffiGST website https://live.effigst.com/erp/ (“EffiGST” or “Website”), under which you are able to use our Goods and Services Tax (“GST”) billing and return filing services ("Services"). By using / uploading / accessing / availing our Services you hereby agree to abide and comply with all the terms and conditions set forth in this Terms of Use. The term “you” shall mean the natural person or any legal entity that is agreeing to be bound by this Terms of Use through you. In case of an organization, you hereby agree to Terms of Use under a valid authorization and hereby bind your organization to these Terms of Use. It shall be deemed that all the terms and conditions mentioned herein are accepted by you on behalf of your organization when you start using our Services. In the event of you not agreeing to these terms and conditions mentioned in this Terms of Use, you are requested by Effitrac not to avail the Services. EffiGST website and the Services are owned and provided by Effitrac Solutions India Private Limited, ("Effitrac"), a company incorporated under the Companies Act, 1956 of India, having its registered office at DC-13, 14 Development Centre, Fourth Floor, TIDEL Park Coimbatore Ltd, ELCOT SEZ, Aerodrome Post, Coimbatore 641014. You hereby agree that we may suspend, modify and alter the Services at any time without prior notice to you. Further, we may also remove any content from our Services, change the Terms of Use at Effitrac’s discretion at any time without prior written notice to you. You are responsible for reviewing the EffiGST website and this Terms of Use periodically for any modifications. Any access or use of EffiGST website by you after any modifications to this Terms of Use shall constitute and be deemed to be your agreement to such modifications. By continuing to use the Services, you agree to be bound to the revised Terms of Use.

Returns Filing:

Our Services come with features which allows you to upload and file GST returns with the tax department which contains, including but not limited to your financial data, invoicing details, PAN number, organisation number etc., ("Your Content"). You have to be very careful with Your Content, Effitrac does not take any responsibility for Your Content whatsoever. You hereby agree to indemnify Effitrac against any claim that may arise as a result of any activity which is considered as, wrongful, illegal, done by your usage of our Services with Your Content by using our Service. Effitrac shall not be liable either directly or indirectly to you or to third party who may claim through you, under any circumstances whatsoever. You agree that Your Content which is shared with tax department may be subject to review by Effitrac at its own discretion. You hereby acknowledge that Effitrac has no obligation to monitor or review Your Content. Effitrac shall not be responsible for the accuracy, completeness, loss of data or appropriateness, quality of Your Content by using our Services, legality of files, or any other information you may be able to access using the Services.

Your Responsibilities

Your Content shall be owned by you. Effitrac makes no claim of ownership over Your Content. You can delete or modify Your Content at your discretion. In case of technical problems (servers crashing, hosting crashing), Effitrac will not be responsible for the loss of user's files thereof. Your Content may be protected by various applicable intellectual property laws. You are prohibited from uploading, downloading or sharing files unless you have the specific right or license to do so. You are hereby prohibited from uploading any of Your Content which violates or infringes any intellectual property rights owned by any third parties. 

You agree that Your Content and/or your use of the Services shall not:

  • interfere in any manner with the functionality or proper working of the Services;
  • constitute, promote, facilitate or permit gambling;
  • include, promote or facilitate child pornography or other illegal activities, including without limitation, activities that might be libelous or defamatory, invasive of privacy or publicity rights, abusive, or otherwise malicious or harmful to any person or entity, or that discriminate based on race, sex, religion, nationality, disability, sexual orientation or age;
  • primarily consist of content that is that is libellous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law;
  • 5. distribute, share or facilitate the distribution or sharing of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; or 6. violate, misappropriate or infringe the intellectual property, privacy, publicity, contractual or other proprietary rights of any third party, including without limitation the intellectual property rights of Effitrac, its end users, or any other party.

You hereby agree to be solely responsible and liable for all your activity while availing our Services. Without limiting the above, you agree that you will not use the Services to create derivative works of any kind based on other parties’ materials or upload or download any such materials, except as expressly permitted hereunder, or unless you have obtained all necessary rights and licenses from the owners of such materials.

You are solely responsible for maintaining and protecting all of Your Content through your account whether authorized by you or not. Effitrac will not be liable for any loss or corruption of Your Content or for any costs or expenses associated with backing up or restoring any of Your Content. You agree to comply with all the applicable laws of the land, while using the Services. 

You are requested to update your contact information or other information related to your account information or any change in the same, you are solely responsible for giving accurate information.

License & Intellectual Property Rights

In order to operate the Services, Effitrac needs the right to make certain uses of Your Content in order to enable the Services to you. Therefore, when you upload Your Content on the Services, you agree to grant Effitrac a worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, copy, verify and modify Your Content on the Services and on Services affiliated with the Services regardless of the form of media used or of whether such Services now exist or are developed in the future. By uploading Your Content to the Services, you hereby represent and warrant that you have the right to upload Your Content and to grant the foregoing rights to Effitrac. 

Effitrac reserves the right to remove any of Your Content from the Services, at its sole discretion. Effitrac respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Effitrac: 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

The aforesaid notice of claims of copyright or other intellectual property infringement can be notified to Effitrac on the below address:

By mail: 

  • Effitrac Solutions India Private Limited,
  • DC-13,14 Development Centre,
  • Fourth Floor, TIDEL Park Coimbatore Ltd,
  • ELCOT SEZ, Aerodrome Post,
  • Coimbatore 641014. Tamil Nadu

By email: sales@effitrac.com

Payment of fees

You agree to accept the Services as per the Service Level Agreement provided in http://www.live.effigst.com . Further, you also agree to make payment for the Services availed by you as per the payment terms mentioned in http://www.live.effigst.com . All the payments made by you towards the use of our Services will be processed through its partner’s secured payment gateway services, who are in strict compliance of the Payment Card Industry Data Security Standard as defined by the Payment Card Industry Security Standards Council. Effitrac does not store any Credit Card or any payment related information, however its payment gateway partner may store certain payment information shared by you, which are required to provide the Services. You agree that you will be sharing the Credit Card and other payment information solely at your risk and Effitrac will not be responsible for any misuse of the same. Further, Effitrac is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Effitrac from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Effitrac of any Fraudulent Actions which may affect the Services. Effitrac reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or third party to engage in, Fraudulent Actions. 

Account Security

You agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter correct or updated Registration Data via the Services, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. Once you subscribe to the Services, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as “IDs”). You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Effitrac will not be liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your personal information is one of our most important assets. Our current Privacy Policy is available at www.live.effigst.com . If you object to your information being transferred or used in this way please do not use our Website or Services. 

Links to Third Party Websites:

The Services may contain links to websites operated by other parties. The linked sites are not under the control of Effitrac, and Effitrac is not responsible for the content available on any other internet sites linked to the Services. Such links do not imply Effitrac’s endorsement of material on any other site, and Effitrac disclaims all liability with regard to your access to such linked websites. Effitrac provides links to other internet sites as a convenience to users, and access to any other Internet sites linked to the Services is at your own risk. 

Effitrac Property 

While availing Services you will come across copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software programs and any data belonging to Effitrac (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein. Except as expressly set forth in this Terms of Use, you shall not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Effitrac promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively “Marks”) hereunder, shall accrue solely to the respective owners of such Marks. All rights not expressly granted to you in this Terms of Use are reserved by Effitrac and its licensors. 

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ARE ON “AS IS” AND “AS AVAILABLE” BASIS AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. EFFITRAC ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. EFFITRAC WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM OR ANY DEVICES FOR ANY LOSS OR CORRUPTION OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. 

EFFITRAC MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER EFFITRAC’S CONTROL (SUCH AS A THIRD PARTY PAYMENT GATEWAYS, SERVERS ETC). EFFITRAC MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/ANY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EFFITRAC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. 

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFFITRAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EFFITRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES. CONSEQUENTIAL DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSS SUSTAINED AS THE RESULT OF DEATH / INJURY TO ANY PERSON, OR LOSS OR DAMAGE TO ANY PROPERTY, OR LOSS OR DAMAGES SUSTAINED AS THE RESULT OF WORK STOPPAGE OR STOPPAGE OF SERVICES, IRRESPECTIVE OF WHETHER EFFITRAC HAD AN ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

NOTWITHSTANDING ANYTHING CONTAINED IN THIS TERMS OF USE, IN NO EVENT SHALL EFFITRAC'S AGGREGATE LIABILITY TO YOU OR ANY PERSON CLAIMING UNDER YOU, DUE TO THE USAGE OF OUR SERVICES, EXCEED AN AMOUNT OF INDIAN RUPEES ONE HUNDRED (INR 100.00). YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EFFITRAC AND YOU. EFFITRAC WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. IF YOU DO NOT AGREE FOR THE ABOVE, PLEASE DO NOT ACCEPT THE SERVICES. 

IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 

Termination

Effitrac reserves the right to terminate the Services with or without cause and with or without notice to you solely at its discretion, at any time if you fail to adhere to or upon non-compliance of this Terms of Use. 

Miscellaneous

These Terms of Use and Services will be governed by laws of Republic of India except for its conflicts of laws principles. All claims arising out of or relating to these Terms of Use or the Services must be irrevocably submitted to the jurisdiction of the courts situated in Coimbatore, Tamil Nadu, India. You hereby irrevocably consent to submit themselves to the exclusive jurisdiction of the aforesaid courts and hereby waive all their rights with regard to the jurisdiction of the courts. These Terms of Use constitute the entire and exclusive agreement between you and Effitrac with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the services. These terms create no third party beneficiary rights. Effitrac’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these terms, and any such attempt is void, but Effitrac may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services. Effitrac and you are not legal partners or agents; instead, our relationship is that of independent contractors. 

Grievance officer 

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: 

  • Mr. Logesh Vellusamy 
  • Effitrac Solutions India Private Limited,
  • DC-13,14 Development Centre, Fourth Floor,
  • TIDEL Park Coimbatore Ltd, ELCOT SEZ,
  • Aerodrome Post, Coimbatore 641014. 
  • Email:logesh@effitrac.com
  • Time: Mon – Fri (9:00 – 17:00 hrs IST)
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