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Terms of Service 

1. AGREEMENT

This Terms of Use and Privacy Policy, Mobile Application and all policies posted on our website set out the terms on which The Startup Companion offers you access and use of website, services, applications and tools (collectively “Services”). All policies, Mobile Application, Privacy Policy are incorporated into this Terms of Use. You agree to comply with the above when accessing or using our Services.

The Domain name www.thestartupcompanion.in (hereinafter referred to as “Website”) is the entity owned by Technology Curator Inc. a Proprietorship organization with its office at F2 / 1-3, Mangaldeep CHS, Sector -14, Airoli, Navi Mumbai – 400708 (hereinafter referred to as “The Startup Companion”)

You understand and agree that by using the Services of The Startup Companion, you are deemed to have accepted these terms, regardless of how you subscribe to or use the services. This website and Mobile Application Terms of Use (Terms of Use), Privacy Policy, and other policies applicable to The Startup Companion Services is an electronic record in the form of an electronic contract shall be binding under relevant provisions of the Information Technology Act of 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes thereof. This electronic record is generated by a computer system or devices 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 Terms of Use for access or usage of The Startup Companion website.

 

For the Purpose of this Terms of Use, Registered user and wherever the context so requires “You” or “User or Your”, shall mean any natural or legal person who has agreed to use the Services of the Website by providing Registration Data while registering on the Website as Registered User/visitor using the computer systems of website and accepted electronic version / electronic this Terms of Use and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.

If there is any Conflict between Privacy Policy and Term of Use (Service), then Terms of Use, shall take precedence’ but only to the extent of the conflict; Please read these Terms of Use carefully before using or registering on the website or accessing any material, information or services through the website or application. If you do not agree with these terms of use, please do not use the Services.

2. ABOUT THE STARTUP COMPANION

The Startup Companion is a Fin-Tech Solutions Division of Technology Curator Inc. which has been appointed as the Channel Partner of GSK Authorised GST Suvidha Kendra of GSTN Approved GSP. We are authorized to sell/offer ASP-GSP Services, offering premium technology solutions which are compliant to existing GST regime. 

3. USE OF THE STARTUP COMPANION SERVICES

    1. The Startup Companion hereby grants the customer / taxpayer a limited, non-exclusive, non-transferable, revocable right and license to use The Startup Companion Services.
    2. The customer / taxpayer shall have a limited right to use The Startup Companion Services to pay their taxes / dues etc., as may be required under applicable Good and Service tax (“GST”) Act/law in accordance with the GST Act, Income Tax Act, any other such act / law.
    3. The Startup Companion shall not have any liability of any nature, through all means (whether manual or automated) to accept/reject or deny any customer / taxpayer’s Data from being transmitted to the GST System, Income Tax System or any other such government portal / system from The Startup Companion Services, Website or Application.
    4. The Startup Companion shall not be responsible / accountable for the correctness of the data submitted by the customer / taxpayer as it is agreed by the customer / taxpayer to submit the correct, authentic and valid data to The Startup Companion. Though, The Startup Companion, shall verify customer / taxpayer’s data with data available on GST Portal, Income Tax Portal or on public domain and shall inform the customer / taxpayer about discrepancy, if found. It shall be sole responsibility of the customer / taxpayer to rectify, confirm and resubmit the correct data to resolve the discrepancy.
    5. The customer / taxpayer shall follow and adhere with the guidelines relating to The Startup Companion Service, if any, set out here under or Separate Agreement as may be required under GST Act, Income Tax Act or any other relevant Act / Law.
    6. The Startup Companion shall not responsible for any discrepancy, query, notice raised by the relevant authorities based on the data provided / submitted by the customer / taxpayer and / or any incidental penalty, fee, disallowance, loss, damage or any other such claim arising out of such discrepancy, query, notice etc.  
    7. The Startup Companion shall not interact, transact, represent or liaison with government officials from GST, Income Tax or any other such government offices, on behalf of or for the resolution of the customer / taxpayer for discrepancy, query, notice raised by the relevant authorities based on the data provided / submitted by the customer / taxpayer.
    8. The responsibility of meeting / liaising with government officials from respective department for the resolution of discrepancy, query, notices raised by respective authorities shall lie with the customer / taxpayer. 
    9. Nonetheless, The Startup Companion shall try their best to guide the customer / taxpayer for the legitimate, authentic resolution of such matters.
    10. It shall be sole responsibility of the customer / taxpayer to use their own discretion before implementing suggestions / guidance given by The Startup Companion. 
    11. The Startup Companion shall not be liable / responsible / accountable for the outcome / results / consequences resulting from the implementation of such suggestions / guidance.    

4. IN CONNECTION WITH USING OR ACCESSING THE SERVICES YOU WILL NOT:

  1. breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  2. Use The Startup Companion Services if you are not able to form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use The Startup Companion Services. if you are minor, i.e under age of 18 years) you shall not register on website.
  3. transfer your user ID to another party without The Startup Companion consent;
  4. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  5. distribute viruses or any other technologies that may harm The Startup Companion, or the interests or property of users;
  6. use any robot, spider, scraper, or other automated means to access The Startup Companion Services for any purpose;
  7. bypass The Startup Companion robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  8. commercialize any application or any information or software associated with such application;
  9. harvest or otherwise collect information about users without their consent; or
  10. circumvent any technical measures The Startup Companion use to provide the Services.
  11.  The Startup Companion believe that you are abusing Services in any way, The Startup Companion may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay, remove any special status associated with your account(s), remove and, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
  12.  The Startup Companion may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, The Startup Companion reserve the right to refuse or terminate all or part of our Services if they are detrimental in nature to our Services.
  13.  The Agreement will continue to apply until terminated by either You or The Startup Companion as set forth below.

• If You want to terminate Your agreement with The Startup Companion, You may do so by (i) not accessing the Website and Mobile application or (ii) closing Your Account for all of the Services that You use, where The Startup Companion has made this option available to You.

 

14. You agree that The Startup Companion may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if The Startup Companion determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to The Startup Companion, for which monetary damages may be inadequate, and You consent to The Startup Companion obtaining any injunctive or equitable relief that The Startup Companion deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Startup Companion may have at law or in equity.

5. USER ACCOUNT, PASSWORD, AND SECURITY:

  1. If you use The Startup Companion Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform The Startup Companion immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You shall ensure that You exit from Your Account at the end of each session. The Startup Companion cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by The Startup Companion or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
  2. You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
  3. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) the The Startup Companion shall not be responsible for any outcome of the Service of Your Account whether appropriate or inappropriate in current or future use of the Services.

6. INTELLECTUAL PROPERTY RIGHTS:

  1. The Website and Mobile application, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) is owned and controlled by The Startup Companion and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website and Mobile App, by no means are any rights impliedly or expressly granted to you in respect of such Content. The Startup Companion reserves the right to change or modify the Content from time to time at its sole discretion.
  2. The trademarks, logos and service marks displayed on the Website and Mobile Application (“Marks”) are the property of The Startup Companion. You are not permitted to use the Marks without the prior consent of The Startup Companion.
  3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Startup Companion owns all intellectual property rights to and into the trademark “The Startup Companion”, Website and Mobile Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from The Startup Companion.

7. USE OF THE STARTUP COMPANION INTELLECTUAL PROPERTY

    1. Any Intellectual Property OF The Startup Companion provided or otherwise made available to you or its Affiliates may be used by you and/or its Affiliates solely for the express purposes described in this Agreement during the Term of this Agreement. For the avoidance of doubt, you will not:

    a.      copy any The Startup Companion Intellectual Property;

    b.      distribute copies of any The Startup Companion Intellectual Property;

    c.       modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any The Startup Companion Intellectual Property;

    d.      use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any The Startup Companion Intellectual Property; or

    e.      use any The Startup Companion Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any The Startup Companion Intellectual Property.

8. ELECTRONIC COMMUNICATION

When You use the Website, Application or send emails or other data, information, or communication to The Startup Companion, You agree and understand that You are communicating with The Startup Companion through electronic records and You consent to receive communications via electronic records from The Startup Companion may be periodically and as and when required. The Startup Companion will communicate with You by email or by notices on the Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

9. MISCELLANEOUS

Entire Agreement: This Agreement (including all Attachments hereto, and all documents incorporated herein by reference): (a) represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the Parties.
Assignment: You are prohibited to assign this Agreement or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of Law or otherwise, without the The Startup Companion prior written consent, The Startup Companion in sole discretion, The Startup Companion may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that The Startup Companion assigns the Agreement on the same terms or terms that are no less advantageous to You.
Independent Contractors: The Parties are entering into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee or agent of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.
Grievance Officer: In compliance with the Information Technology Act, 2000 and the Rules made thereunder, the Grievance Officer of The Startup Companion shall be Mr. Milind Bavle  with email address: mbavle [at] technologycurator [dot] net
Governing Law and Jurisdiction: This agreement shall be construed only in accordance with the laws of India. In respect of all, Claims, matters/disputes arising out of, in connection with or in relation to this Agreement, only the competent Courts at Navi Mumbai, Maharashtra shall have exclusive jurisdiction. No other Court shall have jurisdiction to deal with any dispute or any matter between the parties arising out of this Agreement.
Force Majeure: Neither Party will be liable for any failure to perform any of its obligations hereunder by reason of Force Majeure Event, provided that the affected Party provides the other Party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence performance as promptly as possible; and provided further that if a Party’s performance is delayed for a period of more than thirty (30) days by reason of any Force Majeure Event, then the other Party may at its option, by written notice to the affected Party, either: (a) terminate this Agreement; or (b) extend the Term of this Agreement for a number of days equal to the duration of the affected Party’s non-performance.
Waiver: To be effective, any waiver by a Party of any of its rights or the other Party’s obligations under this Agreement must be made in a writing signed by the Party to be charged with the waiver. Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either Party to insist upon or enforce performance by the other Party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at Law or in equity will be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
Severability: If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of The Startup Companion to Technology Curator Inc. Attn: Legal Department, at F2 / 1-3, Mangaldeep CHS, Sector – 14, Airoli, Navi Mumbai – 400708  (in the case of The Startup Companion) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Change in Policy: Website created and controlled by The Startup Companion reserves the right to make any changes to the Website the terms, conditions and disclaimers at any time without prior information to the customers or users of the Services. You are bound to understand the terms and conditions before accessing to The Startup Companion and using the Service provided by us. Your continuous use of the The Startup Companion after the revising the terms and conditions will be consider as your acceptance of the said revised terms and conditions.
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