Terms Of Use

Thank you for visiting KDK Softwares (India) Private Limited (“KDK”) website www.kdkgst.com ("Our Website"). Our Website is an online platform designed to give business owners and their advisors visibility on taxation and accounting matters (“Services”). Your use of Our Website is governed by this Agreement including the applicable policies which are incorporated herein by reference.

This Agreement together with the Privacy Policy governs your use of Our Website. Your use of Our Website constitutes your acceptance of the terms and conditions of this Agreement and any changes/modifications made to them thereafter. Our Website reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time without any prior notice to You. It is the User’s liability to review these changes made to the Agreement periodically for updates/changes. As a User of this Website, it implies that You have read, understood and agreed to abide by this Agreement

If You do not agree with any of these terms and conditions of this Agreement (including, referenced policies and guidelines), we encourage You to terminate your use of the Website forthwith.

1. Definitions

  1. Agreement” means the terms and conditions for use of Our Website.
  2. "Data" means any data or information including but not limited to the General and Personal Information inputted or entered by You or your nominee on Our Website for availing KDK’s Services
  3. "General Information" means your first and last name, residential address, email, address and telephone number
  4. "Intellectual Property Rights" shall refer to all rights of every nature relating to intellectual property, including without limitation - (i) all trademarks; (ii) service marks (iii) all designs; (iv) know-how; (v) imprints (vi) all copyrights (vii) computer software, data and documentation; know-how (viii) copies and tangible embodiments thereof, anywhere in the world ,whether registered or not registered.
  5. "Member" refers to any person who has registered on Our Website in order to avail our Services.
  6. "Member Id" means an email address that the Member uses (with his/her password) to login to Our Website.
  7. "Personal Information" means your gender, date of birth, your financial Information including but not limited to your financial records, previous taxation statements, your bank account details or credit card or debit card or other payment instrument details;
  8. "Service(s)" means any or all services available on Our Website that KDK provides to its Members.
  9. "Our Website" means www.kdkgst.com.
  10. "KDK/ We" means a company incorporated under Companies Act, 1956, with its registered office at A-40, Goyal Villa, Shyam Nagar, Jaipur – 302019, Rajasthan, India and who is the owner and administrator of Our Website.
  11. "User(s)" or "You" means any natural or legal person including but not limited to any company, firm, sole proprietorship or other association of individuals, who is accessing Our Website and who could be a combination of Visitor or Member.
  12. "Visitor" refers to any person who has not registered on Our Website but can still search and access Our Website and may fill in the Contact Us form requesting more information regarding our Services.

2. Eligibility

  1. The Use of Our Website is permitted only to Users who are: (i) legal/natural persons; (ii) above twenty-one (21) years of age; (iii) capable of forming legally binding contracts under Indian Contract Act, 1872; and (iv) Indian and holds Indian citizenship.
  2. By using Our Website, the User accepts and acknowledges that these conditions have been duly fulfilled. We reserve the right to terminate a Member’s registration or stop use or access of Our Website by any User and take such necessary actions as might be required if anything to the contrary is found.

3. Member Account and Registration

  1. The Services provided on Our Website shall only be available to the Members. Members shall be responsible for maintaining confidentiality to prevent unauthorized access to their account. Member’s agrees to accept responsibility for all activities that occur under his/her account or password. Members’ shall take all necessary steps to ensure that his/her account password is kept confidential and secure and should inform the KDK immediately if the Member has any reason to believe that his/her password has become known to anyone else, or if the password is being, or is likely to be used, in an unauthorized manner.
  2. The Member shall ensure and undertake that the General and Personal Information that he/she provides to Our Website is correct and complete. Member should further inform KDK immediately of any changes to the General and Personal Information that has been provided when registering. A Member can access and update much of the information provided on Our Website by following the instructions given in the Website ‘Home’ page (or any other option such as ‘dashboard’ etc.) or by writing to us at gst@kdkgst.com. Member undertakes not to directly communicate in any manner with the other Users of Our Website. We reserve the right to refuse access to a Member, terminate accounts, remove or edit content at any time without notice to the Member. The right to use this Website is personal to the Member and is not transferable to any other person or entity. We will not be responsible for any data and/or information lost on the Internet whether during transmission or otherwise.

4. Cancellation of Registration of Member

  1. KDK reserves the right, at its sole discretion, to refuse or cancel any request for registrations on Our Website for any reason. We may also require additional verifications or information before accepting any instruction or registering a User as a Member.

5. Use of Services

  1. KDK grants Visitors only a right to access Our Website and the Members to use the Service via Our Website with the particular Member Id available to Members according to their subscription type. This right provided to Members is non-exclusive, non-transferable and limited by and subject to this Agreement.

6. Personal Information

  1. For complete and proper usage of Our Website, the User is required to provide certain General and Personal Information for getting registered as a Member. A Member shall be required to provide Our Website with true and accurate General and Personal Information for provision of Services.
  2. Any Personal Information collected on the Website shall not be disclosed to any third party unless such a disclosure is authorized by law, or the Member has consented to such a disclosure. However, Our Website has the unconditional right to share the Members General and Personal Information with Our Website partners, affiliates, employees and agents. For more details on Our Websites’ policies regarding personal information please refer to the "Privacy Policy".

7. Fraudulent/Declined Transactions

  1. KDK reserves the right to initiate legal proceedings against any User for fraudulent use of Our Website and any other unlawful acts or omissions in breach of this Agreement.

8. Modification of Terms & Conditions

  1. We reserves the right, at our sole discretion, to modify or replace this Agreement, or change, suspend, or discontinue Our Website and its Services (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. Our Website may also impose limits on certain features and Services or restrict User access to parts, or the entire website, without notice or liability. It is the Users’ responsibility to check the terms and conditions of the Agreement periodically for changes. A Users’ continued use of the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

9. Monitoring of the Website and User Account

  1. We have the right and liberty to monitor the content on Our Website at all times which shall include General and Personal Information provided by the User. KDK shall also have the liberty to remove any objectionable content which is in contravention of this Agreement or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
  2. The User, in the course of using the Website agrees and accepts that:

    1. The User shall not use the Website for any illegal/unlawful purposes;
    2. The User shall abide by all applicable local, state and central laws;
    3. The User shall not interfere with or disrupt the use and enjoyment of Our Website by other Users;
    4. The User shall not defame, harass, abuse or disrupt other Users of Our Website

10. Right to Use and Site Access

  1. We grant Users a limited right to access and make personal use of Our Website, but not to download (other than page caching) or modify it, or any portion of it. This right does not include any resale or commercial use of this Website or our Services or its contents; any downloading or copying of account information for the benefit of anyone other than Users use; or any use of data mining, robots, or similar data gathering and extraction tools. Our Website or any portion of Our Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) cannot be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of KDK. Any unauthorized use of Our Website shall terminate the permission granted by it.

11. Limitation of Liability

  1. Notwithstanding anything to the contrary contained herein, neither KDK nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to the User/s or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to any use of, or reliance on, the Services or Our Website. To the maximum extent permitted by law, the User waives, releases, discharges and holds harmless KDK, it’s affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the User’s use of Our Website or Services.
  2. To the maximum extent permitted by law, KDK excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence) or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Our Website.

12. Intellectual Property

  1. General, Title to, and all Intellectual Property Rights in the Services, Our Website, any documentation relating to the Services and any results achieved by Data entered by You (“Results”) with respect to the Services remain the exclusive property of KDK
  2. Ownership of DataTitle to, and all Intellectual Property Rights in the Data provided by the User, remains the property of User. You grant KDK a license to use, copy, transmit, store, and back-up your Data for the purpose of enabling you to access Our Website and use the Services and for any other purpose related to provision of Services to You.

13. Warranties and Acknowledgement

  1. A. Acknowledgement
  2. You acknowledge that:

    1. You are authorized to use the Services and Our Website and to access the information and Data that you enter on Our Website including any information or Data entered by any person authorized by You to use the Service.
    2. KDK has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access Our Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise), you agree that:
      1. You are responsible for ensuring that You have the right to do so;
      2. You are responsible for authorizing any person who is given access to information or Data and You agree that KDK has no obligation to provide any person access to such information or Data without your authorization and may refer any requests for information to you to your address and
      3. You will indemnify KDK against any claims or loss relating to:
        1. KDK’s refusal to provide any person access to your information or Data in accordance with this Agreement.
        2. KDK’s making available information or Data to any person with your authorization.
    3. KDK does not warrant that the use of the Services will be uninterrupted or error free.
    4. KDK is not your accountant or tax consultant and use of the Services does not constitute the receipt of accounting or taxation advice. If you have any accounting or tax related questions, please contact our accountants or tax consultant.
    5. It is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purpose for which they are used.
    6. You remain solely responsible for complying with all applicable accounting, tax, and other laws. It is your responsibility to check that storage of and access to your Data via Our Website will comply with laws applicable to You.
    7. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by a User from the Website through or from the Services will create any warranty not expressly stated in this Agreement.
  3. B. No Warranties
    1. KDK gives no warranty about the Services. Without limiting the foregoing, KDK does not warrant that the Services will meet your requirement or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
    2. Our Website or KDK makes no warranty that:
      1. the Services provided by KDK will meet the Users’ requirements;
      2. the Services provided by KDK will be uninterrupted, timely, secure, or error-free;
      3. the results that may be obtained from the use of the Services will be accurate or reliable;
      4. the quality of any products, services, information, or other material obtained by a User through the Services will meet the Users’ expectations; or
      5. any errors in the technology will be corrected.

14. Indemnity

  1. The User agrees to indemnify, save, and hold KDK, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to the Users’ use or misuse of the Services or of Our Website, any violation by the User of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at the expense of the User, to assume the exclusive defense and control of any matter for which the User is required to indemnify KDK, including rights to settle, and the User agrees to cooperate with the KDK defense and settlement of these claims. KDK will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

15. Breach and Termination

  1. KDK shall have a right to terminate this Agreement if You:
    1. Breach any of terms and conditions of this Agreement (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 (fourteen) days after receiving the notice of the breach, if the breach is capable of being remedied;
    2. If You or your business becomes insolvent or your business goes into liquidation or a receiver has been appointed for any of its assets or if You become insolvent or make any arrangement with your creditors.
  2. Consequences of Termination:
    1. Suspend or terminate for any definite or indefinite period of time, your use of the Services and Our Website
    2. Suspend or terminate for any definite or indefinite period of time, access to Our Website
    3. Suspend or terminate access to all or any Results and right to cease such Results
    4. Shall have a right to seek damages from the User

16. General

  1. Entire Agreement

    This Agreement along with the Privacy Policy and the terms of any other notices or instructions given to You contains the entire agreement between You and KDK and supersedes all previous communications, representations, understandings and agreements, either oral or written with respect to Services and other matters dealt in this Agreement.

  2. Applicable Laws

    A Users use of Our Website, provisions of Services and this Agreement is subject to the laws of India. In case of any disputes arising out of the use of Our Website or provisions of Services, courts of Jaipur will have exclusive jurisdiction.

  3. Severability

    In the event that any provision of this Agreement, or any portion thereof, shall be held invalid, illegal or unenforceable under applicable law, such defect shall not vitiate the other provisions of the Agreement and the remainder of the Agreement shall continue to be legal, valid, effectual and binding on the parties.

  4. Notices

    Any notice given under this Agreement by either party to the other party must be in writing by email and will be deemed to have been given on transmission. Notices to KDK must be sent to gst@kdkgst.com or to any other email address notified by email to You by KDK. Notices to You will be sent to the email address which You provided when setting up your access to the Service.