Terms and Conditions of Use

Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform (defined hereinafter) and the Services (defined hereinafter). The objectives of these Terms and Conditions of Use (“Terms”) are to inform you of the terms which apply to your access to the Platform and Services, what we expect from you, and what you can expect from us as you use and interact with our Platform and the Services provided by us, our Strategic Partners and third party service providers. Further, you would learn about the following:

• (a) our policy regarding the changes and updates to these Terms;
• (b) description of the Platform and the Services offered by us, our Strategic Partners and third party service providers;
• (c) sign-up process and information required by us;
• (d) conditions regarding use of the Platform and the Services;
• (e) terms of use and conditions regarding the information made available by us on the Platform;
• (f) intellectual property rights and ownership of the content on our Platforms and the conditions of use of such content;
• (g) Know Your Client (“KYC”) requirements;
• (h) our policy regarding the communications and notifications sent by the Platform;
• (i) disclaimers, limitation of liability and indemnification obligations in relation to the Services provided; and
• (j) legal rights and obligations in case of violation of these Terms by you.

These Terms apply to and govern the use of or access to the website www.incorpiq.com, and on its mobile/web applications (hereinafter, collectively referred to as the “Platform”), by the user (hereinafter, “you”, “your”, or “User”). The Terms shall apply to the User in relation to the relevant Services availed on the Platform.

The Platform is provided by IncorpIQ (hereinafter “Company” or “IncorpIQ” or “our” or “we” or “us”), a company incorporated under the Companies Act, 2013. User and Company are each a “Party” and collectively the “Parties”.

You represent that you are at least 18 (eighteen) years of age and have not been previously suspended or removed by the Company, or disqualified for any other reason, from availing the Services or using the Platform. In addition, you represent and warrant that you have the right, authority and capacity to agree to the Terms and to abide by them.

1. Changes to these Terms

1.1. Please note that these Terms may change from time to time. We reserve the right to modify or amend these Terms. While we will make reasonable efforts to keep you posted on any updates to these Terms, to make sure that you are aware of any changes, we encourage you to periodically review them whenever accessing or using the Platform.

1.2. The “Last Updated” date at the top of the Terms indicates when the most recent modifications were made to the Terms. In the event we modify these Terms, by continuing to access and use the Platform, you will have confirmed your acceptance to any such modifications.

1.3. If you have any comments or questions regarding the Terms, or wish to report any violation of the Terms, you may contact us at info@incorpiq.com.

2. About the Platform and the Services

2.1. The Platform is primarily a technology service provider which inter-alia provides (i) software solutions and access to services, for Goods and Services Tax (“GST”) compliances, and subscription to software such as IncorpIQ Supply Chain Cloud, IncorpIQ Compliance Cloud, IncorpIQ GST, IncorpIQ EWay Bill, IncorpIQ E-Invoicing, IncorpIQ TDS, IncorpIQ Cloud, and invoice discounting; (ii) you the ability to avail expert assisted tax filing services and other managed services; (iii) financial products; and (iv) finance management, accounts and ledger management.

2.2. In the event you subscribe to IncorpIQ’s proprietary software, your use and subscription to the software shall be additionally governed by the terms and conditions of the IncorpIQ Master Subscription and Services Agreement.

2.5. GST Suvidha Provider Services

2.5.1. The Company is appointed as a GST Suvidha provider (“GSP”) by GSTN and is authorized by GSTN, to provide GSP services including access to GST API’s (“GSP Services”), to the taxpayers and third parties.

2.5.2. Accordingly, you agree that you will be subject to the terms and conditions of GSTN in relation to availing or accessing GSP Services through our Platform.

2.5.13. You agree and acknowledge that you will not use the Platform for any unauthorised activities such as web scraping, altering source code, hacking, introducing viruses, etc.

2.6. Invoice Discounting

2.6.1 IncorpIQ Invoice Discounting is a technology platform that brings together enterprises, suppliers, banks and TReDs marketplaces, offering supply chain financing solutions.

3. Sign-Up and Consent Requirements

3.1. To avail the Services, you may have to provide us with necessary details including but not limited to your name, date of birth, gender, Permanent Account Number (“PAN”), signature, bank account details, and/or other payment related details etc., as applicable.

3.3. You warrant to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information.

3.6. You agree to immediately notify us in writing at info@incorpiq.com of any disclosure or unauthorized use of your profile or any other breach of security with respect to your profile.

4. Use of and Access to the Platform

4.1. You agree to use the Platform only for lawful purposes, and that you are responsible, liable and accountable for all activities that take place through your use of Platform or availing the Services.

4.3. Service Level Terms: We will use commercially reasonable efforts to provide you the Platform. We will provide you with reasonable technical support services in accordance with our standard practices.

5. Information

5.1. While we use commercially reasonable efforts to facilitate provisions of the information on the Platform, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information.

5.2. Any information, information on compliance deadlines for filing various tax returns and other statutory forms is for general guidance on matters of interest only. Before making any decision or taking any action, you should consult a professional advisor.

6. Intellectual Property Rights and Ownership

6.1. We own the rights in the design, compilation, and look and feel of our Platform. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property.

6.2. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

7. Know your Customer/ Client Requirements

7.1. You agree and provide your express consent to provide certain information and documents that may be necessary to ascertain your eligibility to use the Platform or avail the Services including but not limited to your KYC Documents to us.

8. Communication Policy

8.1. You agree to receive communications from the Company regarding: (i) information relating to use of the Platform or Services; (ii) information about the Company and the Services; (iii) promotional offers and services from the Company and its Strategic Partners.

10. Termination of Access to the Platform

We may terminate or suspend your access to Platform or access to all or any of data: (i) at our discretion; (ii) if you fail to comply with these Terms or the Privacy Policy; (iii) in case of inactivity for long periods; or (iv) in case of any fraud, insolvency or bankruptcy in relation to you.

11. Warranties and Disclaimers

11.2. YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK. THE PLATFORM, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

12. Exclusion of Damages

WE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM.

13. Indemnification

13.1. You agree to defend, indemnify and hold harmless the Company upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities in connection with, arising out of, or in relation to breach or non-compliance of its obligations under these Terms.

14. Miscellaneous

14.3. Governing Law and Jurisdiction: These Terms shall be governed by and construed and enforced in accordance with the laws of India. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in New Delhi.

14.16. Contact Us: If there are any questions or grievances or complaints regarding these Terms, you may contact us at the address given below:

Email: info@incorpiq.com

15. General terms for making online payments

15.1 To use the services of the online payment gateway/ payment aggregator service provider, the User shall disclose the exact business category and/or the business sub-category for which it will be using the payment gateway services.

15.3 The User shall indemnify the Company from and against all losses and damages suspicion in case User engages in any fraudulent, illegal or doubtful payment transactions, online selling of banned items under applicable laws.

16. Additional Terms for Financial Products

16.1 The Company enables Users to purchase units of regular Mutual Funds, details of which shall be made available on the Platform. The data and information provided on the Platform does not constitute advice and the Users should exercise independent judgment while making investment decisions.

16.9. Registration of the User: Access to IncorpIQ Services will be granted by the Company only to the Registered User once the User has enrolled for the IncorpIQ Services.

17. Additional Terms for Investment Advisory Services

17.3 The Company is only acting as a technology facilitator for the investment advisory services wherein the role of the Company is limited to the extent of providing the Platform to the Registered User.

17.11 You hereby agree and acknowledge that if you opt for services, you acknowledge that any information directly received will constitute ‘investment advice’. However, you acknowledge that any investment advice received will not be binding on you.