TERMS AND CONDITIONS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. 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 TERMS OF USE FOR ACCESS OR USAGE OF WWW.ODAAP.COM WEBSITE
(These terms may be updated from time to time in the future. You agree to review our Terms of Service regularly and your continued access to or use of the Service will mean that you agree to the changes. In addition, you will be notified of any significant changes to our Terms of Service.)

Service

Points to kept in mind before accepting term and conditions

INTRODUCTION

www.odaap.com (“the Site” “the company” “we”) enables registered users to maintain accounts online (“the Products”).
As visitors to the Site (“Users” or “you”) will be able to browse the Sit.. Those Users who register online to become a Odaap member (“Member” or “you”) will be able to create company create master pass the transaction and generate the reports(predefined formats of product)

1. Contract

If we accept an application for the creation of account, we will confirm this by email and at that point a legally binding contract will be created between you and us. If you apply for a Odaap(sign up), account to be created (sign up which means you agreed to use the site and you are member of odaap to use the same), you warrant that you are authorized to enter into this Agreement. The provisions of these Terms of Service shall govern our agreement with you. We reserve the right, at our discretion, not to accept an application to create a odaap account. This may be due to technical constraints, because you or your business has been banned by us from using the service, we have been unable to adequately confirm your identity or for any other reason. No charge will be made for declined applications. The acceptance of your application is based on the trading activity described when first signing up to the Service (company creation form). If your trading activities change Odaap may not be the right product for you and would not be able to continue to provide services to your company.

2. Limitation of liability

Odaap provides its services with reasonable care and skill. Its liability to you is limited to the fees collected from you.

3. Exclusion of liability for loss caused by others

Odaap will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are due to the acts or omissions of any other person or due to the provision to it of incomplete, misleading or false information or if they are due to a failure to act on its advice or a failure to provide it with relevant information.

4. Exclusion of liability in relation to circumstances beyond our control

Odaap will not be liable to you for any delay or failure to perform its obligations if the delay or failure is caused by circumstances outside their reasonable control like server failure, natural calamities

5. Exclusion of liability relating to the discovery of fraud etc

Odaap will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service it is providing is withheld or concealed from it or misrepresented to it. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.

6. Limitation of Third Party Rights

The advice and information provided by odaap to you as part of the service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed that a specified third party may rely on our work. No responsibility is accepted to third parties, for any advice, information or material produced as part of their work for you, which you make available to them.

7. Your responsibilities

In order to manage your accounts correctly you agree to keep your account up to date with all trading activities, including entering all invoices and expenses etc. If you are starting your odaap account midway through your current trading year you will be required to enter any trading activities already undertaken into your odaap account in order generated financial reports. Any previous year's accounts must be completed and filed by your previous agents if you have one, or arrangements can be made separately to perform these activities with odaap on request.

8. Access

You will not be able to access and use the odaap service without a username and password. Password can be changed anytime after sign in.

9. License

You are granted a non-transferable, non-exclusive license to use the Service in accordance with these Terms of Service. If you choose to give another party access to your account you do so at your own risk and you shall remain primarily liable to odaap for complying with these Terms of Service for the use of the Service.

10. Security

The User is ultimately responsible for administering and safeguarding any passwords created to control access to its Odaap account: please keep any password issued to you secure. Odaap staff, do not have access to any Account Holder's passwords and will not be able to access your account without the Account Holder's authentication and permission. All transfer of Accounts Holder's data between our servers and any external environment is encrypted.

11. Fees and Payment Terms

A subscription fee for use of the Service is payable annually in advance by the User. The subscription rates are posted on our website and we may vary these from time to time: please see our pricing page for the rates in force for the current month. We strictly comply with the laws of the land and we will charge Service Tax at applicable rates.

12. Non-payment

We shall be under no obligation to provide the Service if the subscription fee is not paid to us on time. The user must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the user, its business address, and a billing contact email address. If subscription fees become overdue we reserve the right to suspend your access to the Service until the balance is paid and we may close the Account Holder's Odaap account permanently and disengage your membership which was received by user at the time of sign up.

13. Suspension or termination

If you fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend or terminate your access to the Service. If we withdraw access to the Service no refund will be payable by us. One month's notice will be given prior to the suspension of an account after which time if any issue has not been resolved within the following month we will take action to disengage ourselves from law binding contract. We also reserve the right to close any Odaap account for any reason, by giving one month's notice. Suspension of your account could seriously jeopardise our ability to manage your company accounts and could lead to the missing of submission deadlines. Odaap cannot be held liable for any fines incurred resulting from this.

14. Cancellation

You can close the user’s Odaap account at any time by contacting us on support@odaap.com No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid. Following the cancellation of your account, Odaap will have no further responsibility in relation to the online accounting. As a Director you will have continued responsibilities and are solely responsible for identifying another service or accountant to satisfy the need for the service that we provided.

15. Availability

We will make reasonable endeavors at all times to ensure that the Service will be suitable for your intended use. We cannot guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available at all times since we are dependent on the reliability of the Internet and your use of your own computer to access the Service. We will try to keep any disruptions to a minimum but it may be necessary to suspend the Service from time to time to carry out maintenance and support work.

16. Prohibited Use

Except as otherwise permitted under this Agreement, you shall not: a) remove or alter the conditions of use, any copyright notices and other identification disclaimers as they may appear on the website, or in any print format; b) provide by electronic means to any person other than an authorized user any content; c) alter or change any part of the content.

17. Ownership

The legal and beneficial interest in all copyrights, patents, trade marks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights ("Intellectual Property Rights") relating to the Service belong to us at all times. You obtain no ownership rights in the Service or any of the Intellectual Property Rights pursuant to or arising out of this Agreement. The user has sole responsibility for the provision of accurate and reliable data. The user retains ownership of any Intellectual Property Rights it has in your Data (such as rights in its logo, for example.) Intellectual Property Rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide the Service.

18. Exclusion of our liability

You use the Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter, which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service.

19. Limitation of our liability

Neither party shall be liable under this agreement to the other party for indirect, special, exemplary, punitive or consequential damages including without limitation loss of goodwill, whether arising from negligence, breach of contract or otherwise. Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service (or to our website generally) shall not exceed an amount equal to the subscription fees, which the user has paid to us in the previous month.

20. Liability to us

If you access the Service using a password created to control access to the user’s Odaap account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be held personally liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

21. Further provisions

These Terms of Service and our Privacy Statement describe the entire agreement between you and us regarding the Service, and supersede any prior understandings or agreements. We shall be entitled to assign or subcontract our rights and/or obligations under these Terms of Service to another party. As user you may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

22. Data Protection

In order to carry out the services of this engagement and for related purposes such as updating the enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you.for detail refer privacy policies.

23. Retention of and Access to Records

You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work, we may collect information from you and others relevant to your tax affairs. We will return any original documents to you, if requested. Documents and records relevant to your tax affairs are required by law to be retained by individuals and companies for 8 years from the end of the accounting period. Whilst certain documents may legally belong to you, we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than 7 years old. You must inform us if you require the return or retention of any specific documents for a longer period.

24. Applicable Law

These Terms of Service are governed by and construed in accordance with Indian Law and the parties agree to submit to the exclusive jurisdiction of the Courts of Hubli Karnataka.

OTHERS


a) DISCLAIMER

Save for Odaap being liable to you 1)in relation to online accounting service by it to you via the Site; and 2) in relation to odaap accounting application not being sufficiently secure,
neither odaap nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, odaap makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email to support@odaap.com or by contacting the Call Centre at 9379377771. 
Although the Products sold via the Site may be under warranty; the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of odaap and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

b) COPYRIGHT & OTHER INTELLECTUAL PROPERTY

Any and all copyright subsisting in the Site, including these T&C, vests in Odaap and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us atsupport@odaap.com or contact the Call Centre at 9379377771. 
Odaap cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Odaap of any content that may be offensive or illegal.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Odaap and as such are protected from infringement by local and international legislation and treaties.

c) ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to Odaap, you consent to receiving communications from Odaap electronically.

d) ADDRESS FOR NOTICES

Odaap chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: B-Block,2nd Floor, IT Park,Opp : Glass House,Hubli,Karnataka.(see contact us) with a copy to support@odaap.com (which copy must also be delivered in order for notice to be validly given).

e) HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS

No person, business or web site may link to any page on this Site without the prior written permission of Odaap. Such permission could be obtained by contacting us by email at support@odaap.com.
Hyperlinks provided on this Site to non-Odaap sites are provided as is and Odaap does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of Odaap. Such permission could be obtained by contacting us by email at support@odaap.com.

f) AVAILABILITY OF INFORMATION

According to relevant Act when services are offered by way of certain electronic means like sites, the Odaap thereof must make certain information about it available to user on websites where services are offered. Odaap update the information with its best & true knowledge and put max effort to provide accurate information,try max to make it error free also. if any false information or working error is found by user, then user can drop mail to support@odaap.com for rectify.

g) Definitions

  • "User" means a sole trader, firm, limited company or any other legal entity which has a Odaap account or membership;
  • "Odaap account," means a current subscription to the Service.
  • "Service" means our Odaap software\application, which is accessed and used via our password-protected websites;
  • "us" "we" and "our" "Odaap" refers to Odaap.
  • "you" means the user \member;
  • "your Data" means any data entered or uploaded by you while using the Service.