This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. 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) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of www.fintaxapp.com (the "Website") or User Mobile Application ( the “User App”) or Consultant’s Mobile Application ( The “Consultant App”).
Please read the following terms and conditions very carefully as your use of the Website/User App/Consultant App and FinTax Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
This Terms & Conditions, Privacy Policies ( also termed as ‘Usage Agreement’ or Tri-Party Agreement’) Originally Published on dated 10th January 2018 and amended subsequently on 27th February 2018, 1st March 2018 and 8th March 2019 and Shall Apply,
Amongst
FinTaxx Corporate Professionals LLP (LLPIN – AAJ9360), herein called as first party (Also termed as ‘FinTax’ , ‘FinTax App’, or ‘We’ or ‘Our’ or ‘Us’ here).
and
‘Consultant’ herein called as second party (Also known as ‘Expert’, or ‘Virtual Consultant’ or ‘Adviser’ or ‘Associate Consultant’ here).
and
‘User’ herein called as (user of ‘User App’ or Website) as third party.
w.e.f. the date of registration of member on website or mobile app.
The Website (www.fintaxapp.com), User App and Consultant App is the property of FinTaxx Corporate Professionals LLP and popularly known as FinTax. FinTax has given its Users and Consultants exclusive right to use Mobile Application or website subject to the Terms and conditions as mentioned below.
ACCESSING, BROWSING OR OTHERWISE USING THE USER APP OR CONSULTANT APP OR WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of Website or User App or Consultant App, You also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you as user or Consultant registered to or use the FinTax Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website or Mobile App or the FinTax Services.
Right to change the Terms and Conditions is reserved with FinTax without any prior notice to the second and third party. And you acknowledge and agree to follow and abide by the amended terms & conditions and the policies of FinTax. Amended agreement published on website (www.fintaxapp.com) or on mobile app and shall take immediate effect from the date and time of the publication, unless otherwise mentioned in the amended agreement, amended terms and conditions shall take effect retrospectively on all members.
FinTax acts as a platform for user, wherein user through its user App can easily get connected with nearby right consultant on the spot to take online consultation on text chat or video chat or any other services and facilities provided by FinTax time to time.
On the other hand, FinTax also acts as market place for Consultants to get registered and use FinTax Consultant App to provide online consultation service to the user.
Both the Registered Users and Consultants also collectively termed as ‘Members of FinTax’ or simply ‘Members’ and separately termed as ‘Member’.
‘User App’ and/or ‘Consultant app’ also separately or together term as “Mobile App”
“FinTax Services’ refers to chat consultation or any other services as offers by FinTax to its member time to time on Mobile app or website.
“Premium Consultant’ refers to here consultant who has taken yearly paid service to use consultant app.
“Free Consultant’ refers to all consultant, other than premium Consultant .
Service Coverage
FinTax Service coverage includes Accounting, Finance, Taxation, Corporate Compliances, Investment and Legal.
Eligibility & Restriction to use
Members shall be an individual only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Member of FinTax and nor use the FinTax Service or FinTax members data for any commercial purpose, and FinTax reserves its right to initiate appropriate legal action for breach of these obligation.
To use User App, User must have attained the age of 21 years as on the date of registration on user app.
To Register as Consultant, you must have attained the age of 25 years as on the date of taking registration on website or Consultant App.
Consultant shall also possess any one of the below professional degrees along with practical exposure on the domain.
a) Chartered Accountant
b) Cost & Management Accountant
c) Company Secretary
d) CPA/CIMA/ACCA/CFA/CMA/Members of any other International professional Body.
e) Corporate Lawyer
f) Retired Judge or Civil Lawyers, Arbitrator, Insolvency Professionals.
g) Investment Advisors (Registered under Regulatory Body or Otherwise)
h) Financial Advisors or Merchant Bankers
i) Registered Valuer with Institute of Valuers
i) Retired Govt. Officers from Department of Taxation, Corporate Compliances Offices, Regulatory Bodies, Stock Exchange or High Official from Financial Institutions, Mutual Fund or any Other Investment Companies.
Registration of Consultant
For becoming a Virtual Consultant or Associate Consultant with FinTax, the only criterion is to apply online on the website or Consultant App and which is Free of Cost. We accept and Approve application after verification of all particulars submitted by the Consultant are found correct and true and FinTax Internal Quality Assurance Team has satisfied with the profile. However, FinTax shall have sole right to reject or keep on hold any application. We expect that Consultant shall complete the online registration process with fairness and honesty while furnishing their personal and professional information to FinTax. Consultant further undertakes that he/she alone shall be responsible or liable for any wrong information provided to FinTax and shall not take more than one registration. In order to serve better, FinTax if requires additional details at any stage, Consultant agreed to provide it within 24 hours.
Registration of user
User shall take the registration on user app only with correct particulars such as Name, Email ID, Mobile Number, Country and working status. User undertake that he/she shall not take more than one registration and shall be responsible or liable for any wrong information provided to FinTax
Role and Responsibility of FinTax towards consultant
FinTax is an endeavor to help in uplifting Consultant’s profession and brand name with online publicity on user app, forwarding user query or Chat Consultation through automated process of searching and match making as per user’s demand.
FinTax gives assurance to forward ‘Assignment’ to the consultant, provided that said assignment is the result of Chat Consultation Service given by him/her to the user.
FinTax shall also take the responsibility to collect payment from the users against assignment performed by the consultant and remit the same to the consultant after deducting its commission.
FinTax shall settle any Disputes arising between User and Consultant in relation to Payment or assignment delivery, only if the both the assignment & payment is routed through FinTax.
FinTax Charges 10% Commission from Premium Consultant and 25% commission from Free Consultant plus GST on every assignment charges (assignment charges herein exclude any Government Fee, cess, taxes or reimbursement of expenses), for providing services as mediator or lead producer and as payment negotiator.
In case of consultant unable to accept the assignment within the due date or decline to perform or unable to deliver or perform the assignment within the due date (herein termed as ‘Defaulting Consultant’), FinTax shall have the exclusive right to forward that assignment to another consultant. Here Defaulting Consultant shall have no right to claim any damage from FinTax.
Role and Responsibility of FinTax towards User
FinTax automated system helps user to get connected with nearby right consultant based on the user’s requirement.
FinTax facilitates user to get instant consultation from consultant on text chat or video chat.
User if choose Bidding system, to post any assignment or task on user app or website and FinTax shall forward your assignment to the various consultants for their acceptance. It is upto the consultant who may either shows interest or dislike.
FinTax takes the responsibility to get the users assignment done on time with quality and accuracy, from the consultant with whom he/she has taken consultation and the said assignment is the result of that consultation. In some exceptional cases FinTax may get the assignment done from any other consultant, if required for the benefit of the user.
User shall pay the assignment charges to FinTax by online payment method or any other mode as advice of FinTax.
FinTax shall not take the responsibility of the assignment or its quality or accuracy, if user gives the assignment directly to the consultant without using FinTax as Medium.
Tri-party Responsibility & Liability
Notwithstanding anything to the contrary contained herein, FinTax, Consultant and user are all together bound to discharge their services, responsibility and liability towards each other wherein any assignment and payment by members routed through FinTax website or mobile app.
FinTax takes the responsibility on behalf of the consultant to get released assignment fee from the user against the assignment allotted through FinTax website or Mobile App and remit into consultant’s bank account fortnightly. FinTax provide assurance and take warrantee to get the users assignment done on time with quality and accuracy.
User’s Free Service, Limitations and Consultation Fee
FinTax Provide 50 minutes free chat Consultation credit on joining and additional 20 minutes if user shares the app to their friends and family subject to the terms and Conditions pertaining to the scheme.
Minimum credit balance of 25 chat minutes is required to connect with any consultant on Chat.
Consultation Charges has been prescribed separately on Subscription Page in user App.
Promotional Scheme
FinTax may offer free or at subsidised rate various of services as promotional scheme with separate Terms & Conditions. To avail any Promotional scheme, members must agreed to abide by the terms & conditions pertaining to that promotional scheme. FinTax shall have the sole right to withdraw or postpone or temporarily hold such scheme anytime without any notice.
Other Services and facilities for Consultant
Consultant shall have the option to,
Responsibility of Consultant and Service Terms
Herein ‘ You’ or ‘Your’ refer to Consultant.
You are well understood that, you are using FinTax Consultant’s App as platform or medium to provide various services includes text chat or video chat consultation. FinTax only take User’s request and connect with next available nearby consultant through automated Chat allocation programming system. Or alternately user select Consultant and get connected online using automated connecting system.
If you do not want to attend chat temporarily for a particular period of time, Change your Profile status from ‘Active’ to ‘InActive’ mode. You shall remain Inactive till you again change your status as Active. System do not forward any chat request to InActive Consultants.
You agreed,
FinTax do not take any responsibility nor liable under any terms of this agreement to provide you assignment or business leads. It is your responsibility or Skill to win trust and confidence of users with your quality advice and convert into client.
Responsibility of user and Service Terms
User agreed,
Restriction to use Sexual or Abusive Language or Non-related Discussion
FinTax strictly adhere to maintain Ethics, professionalism, decency and Respect Law. Members agreed, not to use or share any sexual, abusive or any offensive words, images, or documents. Further agreed, not to discuss on any matters, which are non-related or out of our Service coverage, while being on Chat. Personal Chat is strictly prohibited.
Other Restrictions
Members agreed,
Advertisement and Publicity by Consultant
To avail the facility of various brand promotional scheme viz. advertisement banner on website and/or on mobile app, Email marketing, SMS marketing and any other Digital Marketing service, Contact FinTax Team at feedback@fintaxapp.com. This facility available against payment of service fee.
Login Credentials
Consultant get system generated Login ID and Password on his/her registered Email ID.
User shall create his/her own User ID and Login Password at the time of registration on the user app.
Login ID is Email ID. This Login ID and Password shall be used in case of Login.
It is the responsibility of consultant and user to provide valid Email ID and keep this User ID and Password confidential. In case member do not received their Login ID and Password, contact us or check their spam inbox.
For any changes in profile details, send request at feedback@fintaxapp.com.
Application Privacy protection
Members shall maintain the privacy of the usage of FinTax. Member shall not copy, clone, share software or application with any other person. All rights are reserved with FinTax. Violation of this, FinTax shall impose on the member Financial Penalty and/or Criminal proceedings for the breach of trust and damage of Goodwill and FinTax Shall have the sole right to suspend member’s from using FinTax Services.
Privacy of Members
FinTax has taken reasonable steps to protect member's privacy and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.
Although we will strive to safeguard the confidentiality of member’s personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agreed that FinTax cannot secure copying the data by using technology or any other new methods of data misuse/theft and that FinTax will have no liability for any such act. FinTax members understand and agreed that FinTax will have no liability for disclosure of member’s information due to errors in transmission or unauthorized acts of third parties.
Members also agreed to keep their username and password confidential, to avoid any misuse of their profile at our Website or Mobile app.
We may share your details to the Government or its agency, only if demanded.
Transfer of ownership
Members agreed to continue usage of website or Mobile app or FinTax Services even if the ownership of FinTax is transferred any stage. Further agreed to accept any new or amended terms and conditions, if imposed by the Transferee Company.
Disputes amongst Parties
A. User and Consultant are both registered FinTax members and are bound by these terms and condition of this agreement. We request you to follow the guidelines, Terms and Conditions of the FinTax (see URL https://fintaxapp.com/terms-conditions) and give truthful information about yourself on the website or on mobile app to avoid dispute between the members and/or between FinTax and Member.
B. FinTax is not a broker or the agent of any FinTax member, and FinTax does not partake in the exchange of any kind of discussion between the FinTax members on Chat Consultation or on any medium/platform and the results of their discussion.
C. FinTax Members are solely responsible for the communications (through any medium) with each other. FinTax expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any FinTax members inter se via e-mail, chat, interaction or any other medium of communication between FinTax members either using website or otherwise.
D. FinTax has no obligation, to monitor any such disputes arising between the FinTax members, and FinTax shall not be party to any such dispute/litigation etc.
E. FinTax only takes responsibility of the disputes, if all assignment & Payment routed through FinTax website or on mobile app and user are also agreed to get their works done through FinTax only and consultant are agreed to work under FinTax system.
Permissions
For providing effective service, FinTax required few permissions from its member to use mobile app or website. While downloading the Mobile app or using website, Members agreed to permit FinTax to take precise or approximate network location, Subscribe Notification, read and write document folder/Image gallery/SD card, use camera functionality, read phone status and identity and any other permission as may be required to use the mobile app or website.
Limitation of liability
Notwithstanding anything to the contrary contained herein, FinTax shall be liable to its user for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid for that particular cause, if any, by the user to FinTax, for any specific Assignment other than Subscription fee of Chat Minutes buy.
FinTax or its office bearers shall under no circumstances be liable, if User enter into financial transaction with any Consultant or third party other than through the medium of FinTax Website or Mobile App.
Mailer Communication and News Letters and other information Email/SMS/Notification
Other than sending registration Status, Login credential, payment confirmations, FinTax time to time send its member newsletters, daily news, and important information regarding new updates on FinTax system.
FinTax also send promotional Email/SMS/Notifications to its members. Members shall have the option to unsubscribe such promotional Email.
Disclaimers
We do not verify the genuineness of the user. Further we do not take the guarantee or warranty or any liability of the correctness of the information of any user. However, we make every effort to find out the authentic users based on post chat review of the consultant or any other sources. We always make every effort to provide our Members with uninterrupted quality service. However in some cases due to unavoidable reason or Technical issues we may not be able to provide service for a particular period of time. Further we explicitly do not take any guarantee, warranty or liability of the advice, clarification or any kind of commitment given by consultant to the user or vice versa on Chat consultation or on anywhere.
We supply article, daily news, stories and any other information from various sources and do not take liability or any guarantee for the authenticity or correctness of the article daily news, stories and any other information provides to our member on Email, SMS or Notification. Members shall verify the Source before read
Further, We do not takes any guarantee or warranty of the correctness, accuracy and authenticity for any post, contents, reply or comments made by consultant or user on website or mobile app. Member has to verify by themselves before use of it.
Mode of Payment
Payment from Indian Members - FinTax accepts payment in Indian Rupee (INR) by Credit Card, Debit Card, Net Banking, Mobile Wallet and/or other mode of payments as facilitated by our payment gateway partner CC Avenue.
Payment from Non Indian Members - FinTax accepts payment in US Dollar (USD) by Credit Card, Debit Card, Net Banking, Mobile Wallet and/or other mode of payments as facilitated by our International payment gateway partner Paypal
Cancellation, Postponement & Refund Policy
User’s Cancellation, Postponement & Refund Policy:-
A. Consultation fee / Chat minutes Subscription plan once paid by user shall not be refundable or cancellable.
B. Assignment charges paid by the user is cancellable in the below cases only
i) FinTax unable to get the work done within the time frame plus grace period of 15 days.
ii) FinTax and/or associate Consultant decline to accept the assignment.
100% payment is refundable within 15 working days.
C. User can Postpone the assignment upto maximum 45 days subject to conditions that, ‘working on the said assignment not yet started by consultant and / or FinTax’.
Consultant’s Cancellation, Postponement & Refund Policy:-
A. Consultant agreed, not to send cancellation request or ask refund for the fee/charges paid to FinTax for Premium Consultant, Profile Highlight, Bid Participation and/or advertisement and publicity activity.
B. Charges paid for the advertisement and publicity on the website or mobile app, is non cancellable or non refundable. However, Consultant have the option to postpone the advertise and promotion activity start date upto maximum 180 days. To postpone, consultant shall send request mail at feedback@fintaxapp.com
Termination of Members or Suspension
FinTax Shall have the sole right to terminate any member without discharging any liability, in case of member found with breach of any terms & Conditions of this agreement with 7 days prior notice and in case of repeated breach of the agreement clause, terminated immediately without giving any prior notice or opportunity to hear plea.
FinTax Shall have the Sole right to suspend any Consultant for a particular period of time if found,
Member shall get automatically terminated from FinTax services in case of any criminal or civil proceedings running against him/her in the Court of Law.
Jurisdiction and Applicable Law
A. The registration at FinTax and all FinTax services/Website/Mobile App are deemed to have been entered into within the territorial Jurisdiction of Noida, India.
B. The FinTax Members unconditionally agreed that all such disputes and / or differences if any shall be governed by the Laws of India and submitting to the exclusive Jurisdiction of appropriate court of law in Noida, Uttar Pradesh, India.
C. Members hereby, unconditionally and irrevocably confirm that they have read terms and conditions and agreed to abide by them and the information provided by them is true and correct.
Communication with FinTax
For any questions or grievances or want to delete profile permanently, members shall mark their correspondence on Feedback link provided on the App or Email to us at feedback@fintaxapp.com