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The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This user agreement (hereafter refereed as the “Agreement”) is an agreement between you (“user”) and Vehicle State tax (or “we” or “us” as the context permit for the right interpretation) to govern and resolve any dispute may arise out of any commercial action, mainly it governs the following components as mentioned under this documents in different heads: If you do not agree with the terms contained in this entire Agreement and you may not use this App. Clicking on a button or taking any action on the app or using the services in any form will amount to signify your acceptance. DEFINITIONS:
i. You refer to the authorised users of the Vehicle State Tax who may access and use the App, Services, and any other content or resources owned by Vehicle State Tax as defined in this Agreement which are subject to the terms and conditions set forth in the Agreement.
ii. We/us/our/ourselves: refers to Vehicle State Tax under this agreement.
iii. Parties: Vehicle State Tax & the user/users or whoever is availing our service as defined in this Agreement which are subject to the terms and conditions set forth in the Agreement
iv. Services: means all work necessary to provide the services which are enabled by us for you on the app which may include without limitation paying border taxes levied by the government.
v. Entire Agreement: This Agreement along with the Privacy Policy and refund policy and any other notice/guidelines made applicable to the App from time to time, shall constitute the entire agreement between Us and You with respect to your access to or use of the App and the Services thereof.
vi. Amendment: means a change or addition to the terms of a contract or document. An amendment is an addition or correction that leaves the original document substantially intact.
vii. Privacy Policy: Published on the App titled as a privacy policy in separate section, kindly go though it if you have any disagreement with any subject matter provided there.
viii. Refund Policy: Published on the App titled as Refund Policy in separate section, please have a look before using our services/app for better comprehension. ix. Law: Any law, statute, notification, order, rules having applicability over this entire agreement.
REPRESNTATION AND WARRANTY:
Vehicle State Tax is a mobile app which provides services to vehicle owners and vendors as such for payment of Border Tax via its app. Please read the terms and conditions carefully before accessing, obtaining data, information or services. By accessing or using the app, filling information for repayment of tax such as name, mobile no., vehicle no. and other data as mentioned in the privacy policy of the app or accessing or using any content, information, services, features or resources available or enabled via the app (collectively, the “services”). clicking on a button or taking any action on the app to signify your acceptance for this agreement, you:
i. Agree to be bound by this agreement and to any future amendments and additions to this agreement as published through our app time to time without giving you any prior notice;
ii. Represents that you have attended legal age in your jurisdiction of residence to form a binding contract; and
iii. Represent that you have the authority to enter into this agreement personally and, if applicable, on behalf of any company, organisation or other legal entity on whose behalf you use the services;
iv. Represents that all the information provided by you while using the app is accurate and complete;
v. You understand and agree that Vehicle State Tax will treat your use of the Services as acceptance of the Terms from that point onwards;
vi. You agree to adhere our privacy policy as well as cancellation and return policy;
vii. Except as otherwise provided herein, if you do not agree to be bound by this agreement, you may not access or use the services.
INDEMNITY AND LIABILITY:
You are entitled to use the App in compliance with applicable national and international laws. We shall not be liable for any events, including injury, damage or other health related or otherwise, arising as a consequence, of any inaccurate/untrue representation provided by you on the App. You agree to defend, indemnify and hold Vehicle State Tax, its officers, directors, employees, vendors, interns and their agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
i. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services;
ii. your use of and access to the Service/ App/content;
iii. your violation of any term of this Agreement;
iv. your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
v. any claim that your User Material caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or theApp.
vi. Our liability to you shall under all circumstances payment to be paid by you limited to amount subjected to our (Refund Policy).
vii. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same included but not limited to
a) loss of income or revenue;
b) loss of business;
c) loss of profits or contracts;
d) loss of anticipated savings;
e) loss of data;
f) loss of goodwill;
g) wasted management or office time; and
viii. For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
ix. Vehicle State Tax accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that this App can only be accessed or used or any facility can be availed of in a country other than India will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.
PAYMENT :
i. Most Services made available to you are subject to the payment of consideration, which shall vary depending on the type of Service being availed or opted by you and the cost associated in providing the Services to you.
ii. Services requiring payment are always clearly indicated on the App, while you were exploring the same in the App.
iii. Once the amount paid by the user will be not refundable in any circumstances except in case of deficiency of services which further subject to refund policy.
iv. Vehicle State Tax will not be liable for any loss or payment for any technical breach or error occurred during payment by third party apps or payment portals.
v. Vehicle State Tax may modify the scheme of payment for the services at any time in its sole discretion and you cannot insist to be paid the amount as per previous payment scheme.
iv.All the payment in exchange of service will be paid through app itself except otherwise agreed by the parties. INTELLECTUAL PROPERTY RIGHTS: Shall mean
a) copyrights and copyright applications, including any renewals, in either India or any other country;
b) trademarks, service marks, trade names, and applications or registrations for any of the foregoing in the India or any other country;
c) trade secrets or any data or information which provides value or a competitive advantage to its holder by not being publicly known;
d) patents, patent applications, continuations, divisional, re-examinations, reissues, continuations-in-part, and foreign equivalents of the foregoing, in India or any other country and (e) e) any other right, title or interest in and to intellectual property as may be applicable to this Agreement.
SEVERABILITY:
In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.
RELATIONSHIP :
The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
JURISDICTION :
In the event of you breaching this Agreement, you agree that Vehicle State Tax will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, Vehicle State Tax shall be entitled to obtain an injunction and/or other equitable remedy against such a breach from any court of competent jurisdiction. Vehicle State Tax’s right to obtain such relief shall not limit its right to obtain other remedies.
i. Arbitration: The Parties agree that any dispute arising out of or in connection with this Agreement, including any question regarding the existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration in India, at the venue which can be mutually decided by both the parties. Such arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996.
ii. Pre -conditions of Arbitration: If you would like to invoke arbitration clause before that you have to perform the following steps: firstly, you have to submit the complaint application to the Vehicle State Tax at official email Id provided in the App itself. If you get no rebuttal in 15 days for the same application afterwards you need to give warning notice of comprising the following contents:
a) Brief of claim or dispute Full description of injury or damaged occurred to you; and
b) Copy of previous registered complaint sent to us and; If no reply received in exchange of warning notice within 30 days, you can invoke the arbitration clause stated above. iii. Interlocutory Relief: Nothing in agreement shall preclude either Party applying for urgent interlocutory relief from any court of competent jurisdiction and for this purpose, the Parties expressly submit to the jurisdiction of any such court in Delhi, India.
FORCE MAJURE :
We, Vehicle State Tax shall not be liable for any failure to perform the service under this agreement and delayed due to Force Majeure which shall include fire, explosion, flood, earthquake, act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, governmental or military acts or orders or restrictions, cyber-attack, power outage stoppage of work, aggravated epidemic, failure or diminishment of power, internet availability or other services not under the control of either of the Parties affected thereby.
TERMINATION OF SERVICES :
User may at its sole discretion terminate this Agreement hereunder at any time by not using the services or uses of our app. The Parties may also terminate this Agreement hereunder for a Force Majeure Event in accordance with Clause 7. Vehicle State Tax reserves the right to terminate the services and app at any time, it deems fit without any prior notice.
USER AGREEMENT AND PRIVACY POLICY:
These documents are designed to inform you of your rights and obligations when using our services via our app Vehicle State Tax. This document must be read in conjunction with Privacy Policy and Refund Polic or any other notice or document which may be published by us on our app from time to time.
CUSTOMER SUPPORT AND ASSISTANCE :
If you have any issues about our Privacy Policy, Refund Policy or Terms and Conditions, or you have any queries/questions/grievances regarding our services.