Terms and Conditions
By accessing this website: –https://www.datastub.in/and other as may be launched from time to time (hereinafter referred to as “Website”, which shall mean and be used interchangeably having the same meaning). You agree to be legally bound by following terms and conditions and other incidental or related aspects for use.
Before you use the website, you must read all of the Terms and Conditions (“Terms”) herein and the Privacy Policy provided on the Website. You must be at least Eighteen [18] years of age to use our website; by using our website and agreeing to these terms and conditions, you warrant and represent to us that you are at least Eighteen [18] years of age; Audience less than Eighteen [18] years of age will need consent of Parent(s) and/or Legal Guardian.
“we”, “our” and “us” means “the company”; “you”, “user” and “your” means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Website along with updating their users on this website;
It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the website in any way, you should immediately terminate use of the website.
PART A: GENERAL TERMS AND CONDITIONS OF USE
If this Terms conflict with any other document(s), these terms will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
A. GENERAL
To the extent that any provision of this terms is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
B. DESCRIPTION OF SERVICES/ PURPOSE:
Datastub is a knowledge driven, highly reliable and technically advanced accounting outsourcing company offering bookkeeping, accounting, tax returns preparation and payroll services for Certified Public Accountant (CPA) firms and businesses. For CPA’s, we set up a system which take complete care of their day-to-day requirement from start-to-finish and working as their own virtual back office. Once determined to associate with us for your outsourcing requirements, our well define procedure and streamline process make the migration process so smooth and less cumbersome.
While using and accessing this website, user provides consent to store various information of user like name, address, email, phone number, etc., In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.
C. PROPRIETARY RIGHTS:
You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Website and the Services offered herein, including any intellectual property rights which subsist in the Website, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the website is the sole property and is in the exclusive right, title and ownership of the Company; it may be noted that the term “Company” in context and meaning to the preceding line shall means and be interpreted as the respective institutes, organizations, publications etc., shall continue retaining their respective intellectual property rights and proprietary rights of their respective intellectual property rights being published, accessed, hosted etc., on the website. You further acknowledge that the Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company’s prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website and/or the Services.
The trademarks, logos, designs and service marks (“Marks”) displayed on this Site are the property of the Company (and/or the respective institutes, organizations, publications etc., respectively) and shall always remain the sole property of the Company. Trademarks and domain name of the Site also vests with the Company. You do not have the right to use any of the company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Website. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Website and/or the Services outside the website and/or in any manner apart from the one permissible on the website from time to time.
D. LICENSE AND WEBSITE ACCESS/USAGE OF THE WEBSITE:
The company grants you a limited license to access and make use of the Website, the Products/Services offered purely for commercial purpose only.
You may not bypass any measures used by the company to prevent or restrict access to the Website and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
By using the Website, you (user) agree not to:
- Use this Website or its contents for any purpose other than as defined in the Website;
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
- “Frame”, “Mirror” or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
- Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. Such act may constitute of criminal proceedings against the user at his/her own risk, damage and consequences. Notwithstanding the fact that recorded contents or other parties involved in creating, producing, or delivering the Site may monitor or review any links to the Site, company and such parties assume no responsibility or liability which may arise from the content thereof is harmful to child and/or impersonates any other person Infringes any patents, trademarks, copyrights, Proprietary rights and /or 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 threatens the unity, integrity, defense, 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 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;
- Breach any restrictions, guidelines that may be imposed by competent authorities from time to time
- Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from User without further notice to user
- Remove any proprietary notices or labels on the Site or Site Content.
- Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
E. OUR PARTNERS & CONSENT
The company’s display on or through the Website of any service options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their services. The company does not, through its Website display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their services. You agree that the company and the Website is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.
F. LOCAL LAWS
The company controls and operates this Website from its headquarters in Visnagar, Gujarat, India and makes no representation that the Services offered on the Website are appropriate or available for use in other locations or jurisdictions.
G. SUBMITTED CONTENT
The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials (“Materials”) of any kind made available by you through the Website.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Website:
- Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any services) unless specifically required by the company;
- Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.
H. ELECTRONIC COMMUNICATION
When you use the Website, you are communicating with the company electronically. You consent to receive communications from the company electronically.
I. FEEDBACK
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Website to the extent possible.
PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to a service applicant. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Website of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
A. DISPUTE RESOLUTION
Amicable Settlement
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, Part B and the Disclaimers) the disputing Parties hereto shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
Arbitration
If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
The arbitration shall be conducted and managed by the Ad-Hoc Arbitration wherein the single Arbitrator shall be appointed by the mutual consent of both the Parties. The arbitration shall be conducted in an Online / Virtual / Digital manner (video call or so). The decision of the arbitrators shall be final and binding on the Parties.
All the arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Ahmedabad, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
The Courts at Ahmedabad, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
B. WARRANTIES
The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
No warranty: The company sites, services, and software are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
C. DISCLAIMER
Datastub assumes no responsibility for the accuracy of documentation or electronic data supplied by the client. Datastub makes no warranties or representations of any kind with respect to the information on the website, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. All users agree that all access to and use of website and any linked website and the content thereof is at their own risk. Neither Datastub nor any party involved in creating, producing or delivering website shall be liable to any person for any direct, incidental, special, consequential, indirect or punitive damages arising out of access to, use of, reliance on or inability to use the website, or any errors or omissions in the content thereof.