TaxSpanner: License Agreement

We advise you to read the terms and conditions for use of our website prior to usage.

License Agreement for Assessment Year 2008 - 2009 TaxSpanner Software and Services

This end user software license agreement (“Agreement”) is a contract between you and Span Across (“Span Across”, “we” “our”, “us”) for using TaxSpanner tax preparation software (the “Software”) to prepare your income tax returns. It sets forth the terms and conditions that apply to your use of the Software and associated services identified in this Agreement. If you do not accept this Agreement, you will not be able to use the Software.

1. License Grant.

Span Across grants a personal, limited, non-exclusive, non-transferable license to you to use the Software solely to prepare a single valid tax return and, after proper registration and any applicable payment, to view/print such return and to download the file electronically.

The terms “you”, “your” or “user” are synonymous, and refer to the person using the Software in any way. A “registered user” is a user from whom Span Across has received the information necessary to permit such person to print or electronically file a tax return prepared using the Software and who complies with the terms and conditions of this Agreement.

You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any other Span Across systems, programs or data that are not made available for public use; (ii) prepare tax returns, or computations on a professional or commercial basis (i.e., for a preparer's or other fee); (iii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the TaxSpanner site; (iv) decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or (v) attempt any actions that would prevent the use of Software by the public.

You agree that Span Across is not acting as your agent or fiduciary in connection with your use of the Software or any Third Party Services (defined herein below).

You agree to indemnify and defend Span Across against any claims or demands, including attorneys’ fees that arise from or result from the use of the Software on a professional or commercial basis.

2. Accuracy of Calculation

Span Across diligently works to ensure the accuracy of the calculations on every form prepared using TaxSpanner tax preparation software. All efforts have been made to ensure that the Site is updated on regular basis and all applicable provisions affecting calculation of taxable income and taxes payable thereon have been updated in the Software. Span Across shall not be liable in any manner whatsoever to reimburse the amount of tax and/or penalty and/or interest to the concerned users, for any error that may occur due to incorrect submission of information by such user while computing income and/or taxes and/or interest payable thereon or due to any calculation error in the Software. The users agree that in such circumstances, Span Across and/or its directors and/or its employees and/or its affiliates and/or the Site shall not be held responsible for such mistakes, and the users shall not make Span Across and/or its directors and/or its employees and/or its affiliates and/or the Site a party to any litigation in this respect.

3. Reservation of Rights and Ownership

The Software is licensed not sold, and Span Across reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Span Across owns the title, copyright, and other intellectual property rights in the Software. This Agreement does not grant you any rights to trademarks or service marks of Span Across.

4. Span Across Services and Third Party Services (together “Services”)

Span Across Services
If you choose to prepare and file your return electronically, the data provided by you will be processed and converted in a standardized format, as prescribed by Income-Tax Department. You are responsible for mailing your paper return or uploading your electronic return, verifying the status of your return to confirm that it has been received and accepted by the applicable tax authority and, if necessary, for filing it manually in the event that the tax authority rejects your electronically filed return (e.g., taxpayer name and PAN Number don’t match). You agree to review your tax return for indications of obvious errors before electronically filing or mailing it. Except to the extent required by applicable law, Span Across may, but has no obligation to store, maintain or provide to you any information you provide to Span Across.

By using this Service to prepare and submit your tax return, you consent to disclose to the tax department and any other tax or revenue authority of all information relating to your use of the Services offered by the Site.

Span Across may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services (“Feedback”). You agree that Span Across may, in its sole discretion, use the Feedback you provide to Span Across in any way, including in future modifications of www.taxspanner.com, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Span Across a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Span Across in the Feedback.

Third Party Services
In connection with the promotion or your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by Span Across (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You authorize Span Across to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. You agree that the third party, and not Span Across, is solely responsible for the performance of the Third Party Services.

The Software and Services may contain or reference links to third party websites. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Span Across or its Suppliers (defined below) of any information contained in any third party website. In no event will Span Across or its Suppliers be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of Span Across and its Suppliers. Neither Span Across nor its Suppliers are responsible for such provisions, and expressly disclaim any liability for them.

You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, Span Across may, at any time change or discontinue any aspect, availability or feature of the Services.

5. Security

You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Span Across 's authorized technical support personnel to assist you. You are responsible for the use of the Software under your user ID. Span Across will not disclose your password if you lose or forget it. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date. You must remember your user ID and password to electronically transfer your tax return information into next year's tax return, if the feature of transferring information is made available.

6. Privacy of Personal and Income Tax Return Information

For details of Span Across’s Privacy Statement relating to the Software and Services, you may go to www.taxspanner.com. Questions about the TaxSpanner Privacy Statement, our information practices or other aspects of privacy should be directed to privacy@spanacross.com.

From time to time in certain versions of the Software, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, clicking on a “next,” ”yes,” “done,” or other such button in the Software), supplemented by the provisions of this Agreement, shall constitute your separate written consent for Span Across to use and display your tax return information in the Software to help you better understand that Service or opportunity. Each consent shall be limited to its stated purpose, and shall not apply to Span Across’s use or disclosure of tax return information for another purpose.

You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party access to your computer.

7. Pay only when you are satisfied

You may use the Software without charge up to the point you decide to download, print or electronically file your tax return. Viewing, printing or downloading your return reflects your satisfaction with Software, at which time you will be required to pay and register for use of the Software.

If you are not satisfied with the TaxSpanner.Com services, stop using it and contact TaxSpanner at support@spanacross.com (or other contact points provided by TaxSpanner from time to time). If you have already made payment at TaxSpanner.Com, then you may seek refund in the following circumstances: a) If there has been a duplicate payment in error. b) If the income tax computed by TaxSpanner.Com is inaccurate. You must send complete documentation of the data provided in connection with the other tax preparation method which shows the inaccuracy of tax computed by TaxSpanner.

You must make a request for refund of fees you paid to TaxSpanner.Com within 5 business days of making payment at TaxSpanner.Com. Your request for a refund terminates your rights to use the TaxSpanner services and any related warranties or guarantees.

Refund of the fees you paid at TaxSpanner.Com is the maximum relief granted in any event, including but not limited to computation error, printing error, filing error, filing delay, data leakage, security breach, data loss, or non availability of service.

8. Disclaimer of warranties

Except as expressly provided in Sections 2 and 7 above, the Software and Services are provided "as-is" and, to the maximum extent permitted by applicable Law, Span Across, its affiliates, licensors, participating financial institutions, Third party content or service providers, and suppliers (collectively, "Suppliers ") disclaim all guarantees and warranties, expressed or implied, regarding the Software or Services, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Span Across does not warrant that the Software or the Services are secure, free from bugs, viruses, interruption, errors, or other program limitations.

All warranties or guarantees given or made by Span Across with respect to Software or the Span Across Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.

9. Limitation of liability and damages

You agree that in no event will Span Across be liable for any loss, cost, liability or damage incurred as a result of your receipt of or participation in Third Party Services. Additionally, the entire cumulative liability of Span Across and its Suppliers for any reason arising from or relating to this Agreement shall be limited to the amount paid by you, less credit card or net banking processing fees as may be charged by payment gateway or any financial institution for the software or the Services, as applicable, to Span Across.

To the maximum extent permitted by the applicable law, Span Across and its Suppliers are not liable for any indirect, special, incidental, exemplary or consequential damages or for damages relating to loss of business, loss, corruption, security or theft of data, viruses, spy ware, tax positions taken by you, inability to file your returns, or the like, whether based in Contract, Tort (including negligence), Strict liability, Product liability or otherwise, even if span Across or its Suppliers have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed or its essential purpose.

10. Consent to Conduct Business Electronically (“Consent”)

Consent to Electronic Communications
Span Across may be required by law to send “Communications” to you that may pertain to the Software, the use of information you may submit to Span Across, and the Services you choose. Additionally, certain of the Third Party Services you choose, for example Professional advice, may require Communications with the third parties who administer these programs. You agree that Span Across, on behalf of itself and/or others who administer such Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.taxspanner.com. You Consent to receive these Communications electronically.

The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software and/or, the Services.

Consenting to Do Business Electronically
The decision whether to do business electronically is entirely yours, and you should consider whether you have adequate hardware and software capabilities as described below to use the Software. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the Software and any applicable Services.

Hardware and Software Requirements
In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an e-mail address. By selecting the “I accept and agree to the terms of the License Agreement” button; you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.

Withdrawal of Consent
If you later decide that you do not want to receive future Communications electronically, write to us at support@spanacross.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of one or more of the Services.

11. Miscellaneous

Except as expressly set forth in this Agreement, this Agreement sets forth the entire liability of Span Across and its Suppliers and your exclusive remedy with respect to Software and Services and their use. The Suppliers, agents, employees, distributors, and dealers of Span Across are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Span Across. Any waiver of the terms herein by Span Across must be in a writing signed by an authorized officer of Span Across and expressly referencing the applicable provisions of this Agreement. Span Across shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Indian law as applied to agreements entered into and to be performed entirely within India, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in New Delhi, India. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement “including” means “including but not limited to.” This Agreement does not limit any rights that Span Across may have under trade secret, copyright, patent or other laws.

12. Termination and Amendment

Your rights under this Agreement may be terminated by Span Across immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to electronic Communications. Upon such termination, you must immediately cease using the Software and Services. Any termination of this Agreement shall not affect Span Across’s rights hereunder. Span Across shall have the right to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Span Across determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Span Across sponsored web site, including www.taxspanner.com. Any use of the Software by you after Span Across's publication of any such changes shall constitute your acceptance of this Agreement as modified.

13. Questions

You can contact Span Across, by email at support@spanacross.com, if you have a question or concern about any product or service we sell over the Internet.

14. Assignment

This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors and permitted assigns of the respective users and Span Across. Either party shall not assign or transfer any of their rights and liabilities hereunder to any other person without the prior written consent of the other Party.

15. Reservation Of Rights

No forbearance, indulgence or relaxation or inaction by any party at any time to require performance of any of the provisions of this Agreement shall in any way affect, diminish or prejudice the right of such party to require performance of that provision. Any waiver or acquiescence by any party of any breach of any of the provisions of this Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of this Agreement or of the subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in this Agreement.

16. Partial Invalidity

If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any law or regulation or government policy, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

17. No Partnership Or Agency

Nothing in this Agreement (or any of the arrangements contemplated by it) shall be deemed to constitute a partnership between Span Across and the users, nor, except as may be expressly set out in it, constitute either Span Across or the users as the agent of the other for any purpose, or entitle any party to commit or bind the other party in any manner.

18. Referral program (not applicable for AY 2008-09)

Subject to the satisfaction of the terms and conditions mentioned herein, only an individual user of TaxSpanner software ("Referring Individual") and not a company, partnership, trust, etc. may refer/recommend the use of the software to a new customer ("New Customer") in consideration of which, Span Across will pay a fixed fee ("Referral Fee") to the Referring Individual.

Span Across will pay a Referral Fee to a Referring Individual who makes an Eligible Referral (as defined hereafter) of a New Customer to Span Across.

Referral Fee will be a maximum of Rs.50/- (Rupees Fifty only) for each Eligible Referral.

Referral Fee will become payable only after the New Customer has paid Span Across the amount invoiced by Span Across in full. There will be no exception to this clause.

Referral Fee will be paid to the Referring Individual by Span Across vide an account payee cheque within 90 (ninety) days of receipt of full payment from the New Customer as mentioned in clause 3. In case of multiple Referrals, Span Across will issue only one consolidated cheque in a month. The cheque will be sent by regular postal service.

The Referring Individual agrees and acknowledges that it will be his/her responsibility to report this income to the appropriate tax authorities. If the amount payable to the Referring Individual mandates deduction of tax at source, Span Across may deduct tax at applicable rates from the amount payable to the Referring Individual. In case of tax deduction by Span Across, Span Across shall not issue the cheque unless Permanent Account Number has been provided by the Referring Individual.

There should not be any conflict of interest of any kind whatsoever between the Referring Individual and New Customer, and Span Across shall be entitled to disclose the name of the Referring Individual to New Customer, if New Customer asks for this information. The Referring Individual and the New Customer agree and acknowledge that Span Across shall not be liable or responsible under any circumstance for any such conflict of interest.

The Referring Individual and the New Customer agree and acknowledge that Span Across. products/services are being sold solely on the basis of quality and usability. That the Referring Individual warrants and represents that it has not exercised any undue influence on the representatives of New Customer to buy Span Across. products. The New Customer warrants and represents that it has elected and opted to use the TaxSpanner software out of its own volition after being fully satisfied with the usability and suitability of the software and that the Referring Individual has not exerted any influence on him to use the same.

By electing to use the TaxSpanner website and the software provided therein, the New Customer agrees and undertakes to unconditionally accept and abide by the general terms and conditions that govern the usage of the TaxSpanner website.

To make an eligible referral (.Eligible Referral.), the Referring Individual must be an individual above 18 years of age, registered with www.taxspanner.com as a user, with a valid email id of his own. The New Customer must provide the Referring Individual.s email id, which must be the valid, registered email id at www.taxspanner.com, on the payment screen.

Within three (3) working days of receiving payment from the New Customer, Span Across will inform the Referring Individual, via e-mail, whether or not the Referral is eligible for a Referral Fee. Any loss or non-delivery of email shall not be responsibility of Span Across. Span Across shall send the email only once.

11. Referral will not be eligible if: 1. The New Customer declines to use the TaxSpanner software or does not fully pay the amount invoiced by Span Across; or 2. The New Customer seeks refund from Span Across; or 3. The New Customer sends any communication to Span Across or his/her financial institution which could be considered a payment dispute.

The decision on the eligibility of the Referral will be made by Span Across, in its absolute discretion, and cannot be challenged by the Referring Individual or another party at any time.

Referring Individual must provide the following information about them, when Span Across asks for this information via e-mail communication: (i) Full Name (ii) Mailing Address (Check will be mailed to this address) (iii) E-mail Address (All communication will go to this e-mail address) (iv) Telephone Number Span Across may want to contact Referring Individual for certain clarifications (v) Permanent Account Number (PAN) Span Across reserves the right to forfeit the referral fee if any or all of the above mentioned information is not provided, or if any information is found to be incorrect.

No further communication will be made by Span Across, and the Referring Individual shall be required to confirm such communication within a period of 5 (five) days of receipt of such email. If the Referring Individual fails to acknowledge such communication as mentioned herein, then the Referral Fee payable by Span Across shall stand forfeited and the referring Individual shall not be entitled to raise any claim or consequential damage against Span Across.

The Referring Individual shall not be entitled to receive the Referral fee until a full and final payment is received from the New Customer, at which time, an account payee cheque will be mailed to the Referring Individual as aforesaid. The account payee cheque can only be made in the name of the individual, and NOT in favor of a company, partnership, trust, etc. and shall be valid for a period of three (3) months from the date of issue.

In case of any bonafide claim for refund by any user, any payment made to the Referring Individual under this Referral Program shall first be deducted from the total refundable amount, thereafter the balance amount shall be refunded to the said user.

Span Across reserves the right to make changes to, or cancel, the Span Across. Referral Program at any time. Any such changes will automatically become an integral part of the Span Across. Referral Program.