Authorized Provider: FORTAX and its registered users ho have their business registered with FORTAX can receive payment directly to merchant account as well as through FORTAX account with its Company Name of IFTS IT SOLUTION PRIVATE LIMITED and FORTAX is libel to take the necessary charges on behalf of platform charges to any of its users. All the transactions are being saved on the platform and can be fetched by anyone depending on the requirement. Here, FORTAX Application Acts as a marketplace between users to provide its service and can charge from the users as well for the services offered by us. Here payment authorities are different UPI apps such as GOOGLE Pay, UPI BHIM, PhonePe, Paytm. etc who are registered with NPCI and RBI guidance Hence, FORTAX is not responsible for any type of payment failure between the users all the payment regarding problems are to be solved by the payment authorities from which payment is being paid. Agreeing to this Term and Condition is a part of the user to accept its terms
Brand Features: The trade names “FORTAX”, “GST”, “UPI”, “AADHAR” are being used in the Application.
Developer or You: Any person or company who provides Products for distribution through Google Play in accordance with the terms of this Agreement.
Developer Account: A publishing account issued to a Developer in connection with the distribution of Developer Products via Google Play.
Device: Any device that can access Google Play.
Google: Google LLC, a Delaware limited liability company with a principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States; Google Ireland Limited, a company incorporated in Ireland with a principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited, a company incorporated in Ireland with a principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; or Google Asia Pacific Pte. Limited, a company incorporated in Singapore with a principal place of business at 70 Pasir Panjang Road, #03-71, Mapletree Business City, Singapore 117371. Google may update the Google entities and their addresses from time to time.
Google Play: The software and services, including the Play Console, Which allows Developers to distribute Products to users of Devices.
Intellectual Property Rights: All patent rights, copyrights, trademark rights, rights in trade secrets, database rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world is the right of FORTAX and IFTS IT SOLUTION PRIVATE LIMITED and can be used by FORTAX to provide more user-friendly products as well as UPDATES.
Payment Account: A financial account issued by a Payment Processor to a Developer that authorizes the Payment Processor to collect and remit payments on the Developer’s behalf for Products sold via Google Play.
Payment Processor(s): The entity authorized by Google to provide services that enable Developers with Payment Accounts to be paid for Products distributed via Google Play. The entity authorized by NPCI to provide services that enable Developers with Payment Accounts to be paid for Products distributed via Google Play. The entity authorized by RBI to provide services that enable Developers with Payment Accounts to be paid for Products distributed via Google Play
Play Console: The Google Play Console and other online tools or services provided by Google to developers at https://play.google.com/apps/publish, as may be updated from time to time. The Play Console is also available through an app to developers.
Products: Software, content, digital materials, and other items and services as made available by Developers via the Play Console.
Tax: Any Federal, state, or local sales, use, value-added, goods and services, or other similar transaction taxes. This term excludes telecommunication taxes and similar tax types, property taxes, and taxes based on your income, including, Withholding Taxes, income, franchise, business and occupation, and other similar tax types.
- Accepting this Agreement
** form here You refers to FORTAX and Trademark of IFTS IT SOLUTION PRIVATE LIMITED.
2.1 This agreement (“Agreement”) forms a legally binding contract between FORTAX and Google in relation to FORTAX use of Google Play to distribute Products. FORTAX is contracting with the applicable Google entity based on where FORTAX has selected to distribute FORTAX Product (as set forth here). FORTAX acknowledge that Google will, solely at FORTAX direction, and acting pursuant to the relationship identified in Section 3.1, display and make Your Products available for viewing, download, and purchase by users. In order to use Google Play to distribute Products, You accept this Agreement and will provide and maintain complete and accurate information in the Play Console.
2.2 Google will not permit the distribution of FORTAX Products through Google Play, and FORTAX may not accept the Agreement unless FORTAX is verified as a Developer in good standing.
2.3 If FORTAX is agreeing to be bound by this Agreement on behalf of Your employer or other entity, FORTAX represents and warrants that FORTAX has the full legal authority to bind FORTAX employer or such entity to this Agreement. If FORTAX does not have the requisite authority, FORTAX may not accept the Agreement or use Google Play on behalf of FORTAX employer or other entity.
- Commercial Relationship, Pricing, Payments, and Taxes
3.1 FORTAX hereby appoint Google as FORTAX agent or marketplace service provider as outlined here to make FORTAX Products available in Google Play.
3.2 This Agreement covers both Products that users can access for free and Products that users pay a fee to access. In order for FORTAX to charge a fee for FORTAX Products and to be paid for Products distributed via Google Play, FORTAX must have a valid Payment Account under a separate agreement with a Payment Processor, be approved by a Payment Processor for a Payment Account, and maintain that account in good standing. If there is a conflict between the FORTAX Payment Processor agreement and this Agreement, the terms of this Agreement will apply.
3.3 Products are displayed to users at prices FORTAX establish in FORTAX sole discretion. If Google believes that Taxes may be owed by FORTAX or Google on the sale of Products, FORTAX grants Google permission to include any such Taxes in the price charged to users. FORTAX may set the price for FORTAX Products in the currencies permitted by the Payment Processor. Google may display the price of Products to users in their native currency, but Google is not responsible for FORTAX for the accuracy of currency rates or currency conversion.
3.4 Acting as FORTAX agent, and with FORTAX acting as a principal, Google is the merchant of record for Products sold or made available to users in the countries/territories described here. FORTAX is the merchant of record for Products FORTAX sells or makes available via Google Play to all other users. The price FORTAX set for Products will determine the amount of payment FORTAX will receive. A “Service Fee”, as set forth here and as may be revised by Google from time to time with notice to Developer as described in Section 15, will be charged on the sales price and apportioned to the Payment Processor and, if one exists, the Authorized Provider.
3.5 In certain countries/territories as described here, Google will determine if a Product is taxable and if so, the applicable Tax rate will be collected either by Google, the Payment Processor, or the Authorized Provider and remitted to the appropriate taxing authority for Products sold to users. Google may update the countries/territories where it will determine and remit the Taxes with notice to FORTAX. In all other countries/territories, FORTAX is responsible for determining if a Product is taxable, the applicable rate of tax to be collected, and for remitting the taxes to the appropriate taxing authority. All Taxes will be deducted from the sales price of Products sold and the remainder (sales price less Service Fee and Taxes, if any) will be remitted to FORTAX. Where Google collects and remits Taxes in applicable countries/territories, FORTAX and Google will recognize a supply from FORTAX to Google solely for Tax purposes to the extent required by local laws, and FORTAX will comply with the relevant tax obligations arising from this additional supply.
3.6 Where either the Payment Processor, or the Authorized Provider notifies Google that it is required by applicable (local) legislation or by the applicable governmental tax authority to withhold any taxes, or where Google reasonably determines that it is required by applicable (local) legislation or by the applicable governmental tax authority to withhold any taxes (in each case, “Withholding Taxes”), Google will also deduct an amount equal to such Withholding Taxes from the amount Google remits to FORTAX. Withholding Taxes include, but are not limited to, withholding tax obligations on cross-border payments or imposed by telecommunications taxes. FORTAX agrees to timely provide, as soon as reasonably practicable, any tax documentation or certification requested by Google.
3.7 FORTAX may also choose to make Products available for free. If the Product is free, FORTAX will not be charged a Service Fee. To avoid unexpected fees for users, FORTAX agrees that Products that were initially offered free of charge to users will remain free of charge. Any additional charges will correlate with an alternative or supplemental version of the Product.
3.8 FORTAX authorize Google to give users refunds in accordance with the Google Play refund policies as located here or the local versions made available to FORTAX, and FORTAX agrees that Google may deduct the amount of those refunds from payments to FORTAX. In all other respects, the Payment Processor’s standard terms and conditions regarding refunds will apply. User refunds may be exclusive of taxes previously charged to users for Product purchases.
3.9 Users are allowed unlimited reinstalls of each Product distributed via Google Play without any additional fee, provided, however, that if FORTAX removes any Product from Google Play due to a Legal Takedown (as defined in Section 8.2), that Product will be removed from all portions of Google Play, and users will no longer have a right or ability to reinstall the affected Product.
- Use of Google Play by FORTAX
4.1 FORTAX and FORTAX Product(s) must adhere to the Developer Program Policies.
4.2 FORTAX is responsible for uploading FORTAX Products to Google Play, providing required Product information and support to users, and accurately disclosing the permissions necessary for the Product to function on user Devices.
4.3 FORTAX is responsible for maintaining the confidentiality of any developer credentials that Google may issue to FORTAX or that FORTAX and FORTAX are solely responsible for all Products that are developed under FORTAX developer credentials. Google may limit the number of Developer Accounts issued to FORTAX or to the company or organization FORTAX works for.
4.4 Except for the license rights granted by FORTAX in this Agreement, Google agrees that it obtains no right, title, or interest from FORTAX (or FORTAX licensors) under this Agreement in or to any of FORTAX Products, including any Intellectual Property Rights in those Products.
4.5 FORTAX may not use Google Play to distribute or make available any Product that has a purpose that facilitates the distribution of software applications and games for use on Android devices outside of Google Play.
4.6 FORTAX agree to use Google Play only for purposes that are permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.7 Users are instructed to contact FORTAX concerning any defects or performance issues in FORTAX Products. As between FORTAX and Google, FORTAX will be solely responsible, and Google will have no responsibility, for undertaking or handling the support and maintenance of FORTAX Products and any complaints about FORTAX Products. FORTAX agree to supply and maintain valid and accurate contact information that will be displayed in each of FORTAX Products’ detail page and made available to users for customer support and legal purposes. For FORTAX paid Products or in-app transactions, FORTAX agrees to respond to customer support inquiries within 3 business days, and within 24 hours to any support or Product concerns stated to be urgent by Google.
4.8 FORTAX agrees that if FORTAX makes FORTAX Products available through Google Play, FORTAX will protect the privacy and legal rights of users. If the users provide FORTAX with, or FORTAX Product accesses or uses, usernames, passwords, or other login information or personal information, FORTAX agree to make the users aware that the information will be available to FORTAX Product, and FORTAX agree to provide legally adequate privacy notice and protection for those users. Further, FORTAX Product may only use that information for the limited purposes for which the user has given FORTAX permission to do so. If FORTAX Product stores personal or sensitive information provided by users, FORTAX agrees to do so securely and only for as long as it is needed. However, if the user has opted into a separate agreement with FORTAX that allows FORTAX or FORTAX Product to store or use personal or sensitive information directly related to FORTAX Product (not including other products or applications), then the terms of that separate agreement will govern FORTAX use of such information. If the user provides FORTAX Product with Google Account information, FORTAX Product may only use that information to access the user’s Google Account when, and for the limited purposes for which, the user has given FORTAX permission to do so.
4.9 FORTAX will not engage in any activity with Google Play, including making FORTAX Products available via Google Play, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, Google or any Authorized Provider. FORTAX may not use user information obtained via Google Play to sell or distribute Products outside of Google Play.
4.10 FORTAX are solely responsible for, and Google has no responsibility to FORTAX for, FORTAX Products, including use of any Google Play APIs and for the consequences of FORTAX actions, including any loss or damage which Google may suffer.
4.11 Google Play allows users to rate and review Products. Only users who download the applicable Product will be able to rate and review it on Google Play. For new Developers without Product history, Google may use or publish performance measurements such as uninstall and/or refund rates to identify or remove Products that are not meeting acceptable standards, as determined by Google. Google reserves the right to display Products to users in a manner that will be determined at Google’s sole discretion. FORTAX Products may be subject to user ratings and reviews to which FORTAX may not agree. If FORTAX has concerns regarding such ratings and reviews, FORTAX may report it via the Play Console.
5.1 FORTAX authorize Google on a non-exclusive, worldwide, and royalty-free basis to: reproduce, perform, display, analyze, and use FORTAX Products in connection with (a) the operation and marketing of Google Play; (b) the marketing of devices and services that support the use of the Products and the marketing of the Products on Google Play and Devices; (c) the provision of hosting services to FORTAX and on FORTAX behalf to allow for the storage of and user access to the Products and to enable third-party hosting of such Products; (d) making improvements to Google Play, Play Console, and Android platform; and (e) checking for compliance with this Agreement and the Developer Program Policies. The authorization in clause (e) is sublicensable to application security partners. FORTAX also authorizes such application security partners to use the results of their review in their products and research that may be publicly available.
5.2 FORTAX authorizes Google to perform the acts described in this section subject to FORTAX control and direction in the manner indicated in the Play Console.
5.3 FORTAX grants the user a nonexclusive, worldwide, and perpetual license to perform, display and use the Product. The user may include but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Product (unless otherwise prohibited, as for in-app and subscription Products) and share it with other family members in their family group. If, in the Play Console, FORTAX opts into allowing users to share previously purchased Products, FORTAX authorization of sharing of those purchases by those users is subject to this Agreement. If FORTAX chooses, FORTAX may include a separate end user license agreement (“EULA”) in FORTAX Product that will govern the user’s rights to the Product, but, to the extent that EULA conflicts with this Agreement, this Agreement will supersede the EULA. FORTAX acknowledges that the EULA for each of the Products is solely between FORTAX and the user. Google will not be responsible for, and will not have any liability whatsoever under, any EULA.
- Brand Features and Publicity
6.1 Each party will own all right, title, and interest, including, without limitation, all Intellectual Property Rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, nor will the other party acquire any right, title, or interest (including, without limitation, any implied license) in or to any Brand Features of the other party.
6.2 Subject to the terms and conditions of this Agreement, Developer grants to Google and its affiliates a limited, nonexclusive, royalty-free license during the term of this Agreement to display Developer Brand Features, submitted by Developer to Google, for use solely within Google Play, online or on Devices and in each case solely in connection with the distribution and sale of Developer’s Product via Google Play or to otherwise fulfill its obligations under this Agreement.
6.3 In addition to the license granted in Section 6.2 above, for purposes of marketing the presence, distribution, and sale of FORTAX Product via Google Play and its availability for use on Devices and through other Google services, Google and its affiliates may include visual elements from FORTAX Product (including characters and videos of gameplay) and Developer Brand Features (a) within Google Play, on Devices, and in any Google-owned online or mobile properties; (b) in online, mobile, television, out of home (e.g. billboard), and print advertising formats outside Google Play; (c) when making announcements of the availability of the Product; (d) in presentations; and (e) in customer lists which appear either online or on mobile devices (which includes, without limitation, customer lists posted on Google websites).
6.4 Google grants to Developer a limited, nonexclusive, worldwide, royalty-free license to use the Android Brand Features for the term of this Agreement solely for marketing purposes and only in accordance with the Android Brand Guidelines.
6.5 If Developer discontinues the distribution of specific Products via Google Play, Google will cease use of the discontinued Products’ Brand Features pursuant to this Section 6, except as necessary to allow Google to effectuate reinstalls by users.
- Promotional Activities
7.1 Google may run promotional activities offering coupons, credits, and/or other promotional incentives for paid transactions and/or user actions for FORTAX Products and in-app transactions solely in connection with Google Play promotions and, for gift card promotions, also on Google authorized third-party channels (“Promotion(s)”), provided that (a) amounts payable to FORTAX will not be impacted; (b) there will be clear communication to users that the Promotion is from Google and not FORTAX; (c) the prices FORTAX establish will be clearly communicated to users; (d) any redemption of the Promotion will be fulfilled by Google or, for gift card Promotions, through a Google authorized the third party; and (e) Google will be responsible for compliance with applicable law for the Promotion.
7.2 In addition to the rights granted in Section 6, FORTAX grant Google the right to use FORTAX Brand Features (in the form and manner provided by FORTAX) for purposes of marketing Promotions in connection with Google Play and, for gift card Promotions, on Google authorized third-party channels; provided, however, that Google will only use Brand Features owned by FORTAX on authorized third- party channels.
- Product Takedowns
8.1 FORTAX may remove FORTAX Products from future distribution via Google Play at any time, but FORTAX agrees to comply with this Agreement and the Payment Processor’s Payment Account terms of service for any Products distributed via Google Play prior to removal, including, but not limited to, refund requirements. Removing FORTAX Products from future distribution via Google Play does not (a) affect the rights of users who have previously purchased or downloaded FORTAX Products; (b) remove FORTAX Products from Devices or from any part of Google Play where previously purchased or downloaded applications are stored on behalf of users, or (c) change FORTAX obligation to deliver or support Products or services that have been previously purchased or downloaded by users.
8.2 Notwithstanding Section 8.1, in no event, will Google maintain on any portion of Google Play (including, without limitation, the part of Google Play where previously purchased or downloaded applications are stored on behalf of users) any Product that FORTAX have removed from Google Play and provided written notice to Google that such removal was due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively “Legal Takedowns”). If a Product is removed from Google Play due to a Legal Takedown and an end-user purchased such Product within a year (or a longer period as local consumer law mandates) before the date of the takedown, at Google’s request, FORTAX agrees to refund to the end user all amounts paid by such end-user for such Product.
8.3 Google does not undertake any obligation to monitor the Products or their content. If Google becomes aware and determines in its sole discretion that a Product or any portion thereof (a) violates any applicable law; (b) violates this Agreement, applicable policies, or other terms of service, as may be updated by Google from time to time; (c) violates terms of distribution agreements with device manufacturers and Authorized Providers; or (d) creates potential liability for, or may have an adverse impact on, Google or Authorized Providers (for example, if a Product has an adverse economic, reputational or security-related impact); then Google may reject, remove, suspend, limit the visibility of a Product on Google Play, or reclassify the Product from Google Play or from Devices. Google reserves the right to suspend and/or bar any Product and/or Developer from Google Play or from Devices as described in this Section. If FORTAX Product contains elements that could cause serious harm to user devices or data, Google reserves the right to disable the Product or remove it from the Devices on which it has been installed. If FORTAX Product is rejected, removed, or suspended from Google Play or from Devices pursuant to this Section 8.3, then Google may withhold payments due to Developer.
8.4 Google enters into distribution agreements with device manufacturers and Authorized Providers to place the Google Play software client application(s) on Devices. These distribution agreements may require the involuntary removal of Products in violation of the Device manufacturer’s or Authorized Provider’s terms of service.
- Privacy and Information
9.2 In order to continually innovate and improve Google Play, related products and services, and the user and Developer experience across Google products and services, Google may collect certain usage statistics from Google Play and Devices including, but not limited to, information on how the Product, Google Play, and Devices are being used.
9.3 The data collected is used in the aggregate to improve Google Play, related products and services, and the user and Developer experience across Google products and services. Developers have access to certain data collected by Google via the Play Console and certain Google Play APIs. Google relies on the European Commission’s Standard Contractual Clauses for transfers of personal data out of the European Economic Area, Switzerland, and the United Kingdom to countries that are not covered by an adequacy decision (e.g., the United States). By using Google Play, FORTAX agree to the Google Controller-Controller Data Protection Terms. FORTAX use of certain Google Play APIs may be subject to additional data transfer provisions or the specific, prevailing terms of service of Google Play APIs, such as the Google Play Developer API Terms of Service.
- Terminating this Agreement
10.1 This Agreement will continue to apply until terminated, subject to the terms that survive pursuant to Section 16.9, by either FORTAX or Google as set forth below.
10.2 If FORTAX wants to terminate this Agreement, FORTAX will unpublish all of FORTAX Products and cease FORTAX use of the Play Console and any relevant developer credentials.
10.3 Google may terminate this Agreement with FORTAX immediately upon written notice or with thirty (30) days prior written notice if required under applicable law if (a) FORTAX have breached any provision of this Agreement, any non-disclosure agreement, or other agreement relating to Google Play or the Android platform; (b) Google is required to do so by law; (c) FORTAX cease being an authorized developer, a developer in good standing, or are barred from using Android software; (d) Google decides to no longer provide Google Play; or (e) FORTAX or FORTAX Product pose a potential risk for economic, reputational, or security-related harm to Google, users, or other third-party partners. Where allowed under applicable law, Google may also terminate this Agreement with FORTAX for any reason with thirty (30) days prior written notice. If Google terminates this Agreement, FORTAX will no longer have access to the Play Console. More information on account termination is located here.
10.4 After termination of this Agreement, Google will not distribute FORTAX Product, but may retain and use copies of the Product for support of Google Play and the Android platform.
- Representations and Warranties
11.1 FORTAX represent and warrant that FORTAX have all Intellectual Property Rights in and to FORTAX Product(s).
11.2 If FORTAX uses third-party materials, FORTAX represents and warrants that FORTAX has the right to distribute the third-party material in the Product. FORTAX agree that FORTAX will not submit material to Google Play that is subject to third -party Intellectual Property Rights unless FORTAX is the owner of such rights or have permission from their rightful owner to submit the material.
11.3 FORTAX represents and warrants that, as the principal to the transaction with the user, FORTAX is solely responsible for compliance worldwide with all applicable laws and other obligations.
11.4 FORTAX represents and warrants that all information that FORTAX provides to Google or users in connection with this Agreement or FORTAX Products will be current, true, accurate, supportable, and complete.
- DISCLAIMER OF WARRANTIES
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTAX UNDERSTAND AND EXPRESSLY AGREE THAT FORTAX USE OF THE PLAY CONSOLE AND GOOGLE PLAY IS AT FORTAX SOLE RISK AND THAT THE PLAY CONSOLE AND GOOGLE PLAY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
12.2 FORTAX USE OF THE PLAY CONSOLE AND GOOGLE PLAY AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLAY CONSOLE AND GOOGLE PLAY IS AT FORTAX OWN DISCRETION AND RISK AND FORTAX ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO FORTAX COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
12.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTAX UNDERSTAND AND EXPRESSLY AGREE THAT GOOGLE, ITS SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO FORTAX UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY FORTAX, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14.1 To the maximum extent permitted by law, FORTAX agree to defend, indemnify, and hold harmless Google, its affiliates, and their respective directors, officers, employees and agents, and Authorized Providers from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) FORTAX use of the Play Console and Google Play in violation of this Agreement; (b) infringement or violation by FORTAX Product(s) of any Intellectual Property Right or any other right of any person; or (c) FORTAX or FORTAX Product(s)’ violation of any law.
14.2 To the maximum extent permitted by law, FORTAX agree to defend, indemnify, and hold harmless the applicable Payment Processors (which may include Google and/or third parties) and the Payment Processors’ affiliates, directors, officers, employees, and agents from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from FORTAX distribution of Products via Google Play.
- Changes to the Agreement
15.1 Google may make changes to this Agreement at any time with notice to Developer and the opportunity to decline further use of Google Play. FORTAX should look at the Agreement and check for notice of any changes regularly.
15.2 Changes will not be retroactive. They will become effective and will be deemed accepted by Developer, (a) immediately for those who become Developers after the notification is posted; or (b) for pre-existing Developers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately).
15.3 If FORTAX does not agree with the modifications to the Agreement, FORTAX may terminate FORTAX use of Google Play, which will be FORTAX sole and exclusive remedy. FORTAX agrees that FORTAX continued use of Google Play constitutes FORTAX agreement to the modified terms of this Agreement.
- General Legal Terms
16.1 This Agreement, including any addenda FORTAX may have agreed to separately, constitutes the entire legal agreement between FORTAX and Google and governs FORTAX use of Google Play, and completely replaces any prior agreements between FORTAX and Google in relation to Google Play. The English language version of this Agreement will control and translations, if any, are non-binding and for reference only.
16.2 FORTAX agree that if Google does not exercise or enforce any legal right or remedy contained in this Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google.
16.3 If any court of law having the jurisdiction to decide on this matter rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
16.4 FORTAX acknowledge and agree that each member of the group of companies comprising Google will be a third-party beneficiary to this Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a third-party beneficiary to this Agreement.
16.5 PRODUCTS ON GOOGLE PLAY MAY BE SUBJECT TO UNITED STATES’ AND OTHER JURISDICTIONS’ EXPORT CONTROL AND SANCTIONS LAWS AND REGULATIONS. FORTAX AGREE TO COMPLY WITH ALL EXPORT CONTROL AND SANCTIONS LAWS AND REGULATIONS THAT APPLY TO FORTAX DISTRIBUTION OR USE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO (A) THE EXPORT ADMINISTRATION REGULATIONS MAINTAINED BY THE U.S. DEPARTMENT OF COMMERCE, (B) TRADE AND ECONOMIC SANCTIONS MAINTAINED BY THE U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL, AND (C) THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS MAINTAINED BY THE U.S. DEPARTMENT OF STATE. THESE LAWS AND REGULATIONS INCLUDE RESTRICTIONS ON DESTINATIONS, USERS, AND END USE.
16.6 Except in the case of a change of control (for example, through a stock purchase or sale, merger, or other forms of the corporate transaction), the rights granted in this Agreement may not be assigned or transferred by either FORTAX or Google without the prior approval of the other party. Any other attempt to assign is void.
16.7 If FORTAX experience a change of control, Google may, at its discretion, elect to immediately terminate this Agreement.
16.8 All claims arising out of or relating to this Agreement or FORTAX relationship with Google under this Agreement will be governed by the laws of the State of California, excluding California’s conflict of laws provisions. FORTAX and Google further agree to submit to the exclusive jurisdiction of the federal or state courts located within the county of Santa Clara, California to resolve any legal matter arising from or relating to this Agreement or FORTAX relationship with Google under this Agreement, except that FORTAX agrees that Google will be allowed to apply for injunctive relief in any jurisdiction. To the extent required under applicable law, FORTAX may have other ways to resolve disputes with Google as described in the Developer Program Policies. If FORTAX is accepting the Agreement on behalf of a United States government entity or a United States city, county, or state government entity, then the following applies instead of the foregoing: the parties agree to remain silent regarding governing law and venue.
16.9 Sections 1 (Definitions), 6.5, 10.4, 11 (Representations and Warranties), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 16 (General Legal Terms) will survive any expiration or termination of this Agreement.
Annexure No 1
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When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time, by region or by country. You agree to pay the fees at the rates notified to you at the time you purchase your subscription. Subscription to premium services on Business Standard is generally of yearly frequency. Business Standard however may choose to offer fixed-term or fixed payment frequency offers from time to time. The currency in which your subscription is payable will be specified during the order process, depending on the service and your country of residence. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
Subscription and access to content services fall under the purview of Service Tax as per the current indirect taxation policy, Government of India. Taxes are applicable for the consumption of content on the www.fortax.in and other products of Business Standard uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our www.fortax.in are inclusive of applicable Service Tax, any applicable value-added tax (GST/CST/IGST) or other sales taxes.
If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the premium services or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
For Digital subscriptions by placing your order you agree that we may start your subscription immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.
Except as set out in the previous section, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period.
Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period, and you will not receive a refund
FORTAX reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. If we terminate your subscription for any reason and/or permanently cease publishing www.fortax.in, or cease to provide subscription services then, unless there are exceptional circumstances.
If you are a registered user, but not a subscriber, then Business Standard reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration, then please contact our customer services team at (firstname.lastname@example.org).
If you buy a www.fortax.in digital subscription and are resident in any country, then you will be contracting with Fortax.
www.fortax.in includes comments sections, blogs and other interactive features that allow interaction between users and between users and Fortax. We call the information posted by or contributed by users “User Generated Content” or “UGC”.
If you wish to view or participate by way of UGC then you must comply with specific rules and guidelines. We also recommend that you read our Comments Guidelines which provide further guidance in relation to commenting on www.fortax.in.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the UGC policy
You further agree that you will:
* Only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC. Not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
* Not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
* Not post, link to or otherwise publish any UGC that is threatening, offensive, libelous, indecent or otherwise unlawful.
* Not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
* Respectfully challenge different points of view but not personally attack other commentators.
* Not disguise the origin of any UGC and not impersonate any person or entity (including Fortax employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
* Not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.
* Not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of www.fortax.in or any computer software or equipment.
* Not collect or store other user’s personal data.
* Not restrict or inhibit any other user from using the Forums.
* Comply with the guidelines for commenting set out in our Commenting FAQ.
It is not possible for Fortax to fully monitor all UGC published on www.fortax.in but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights, or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from www.fortax.in e and act accordingly. This may include banning a user from participating in UGC on www.fortax.in . If you believe that any UGC published on www.fortax.in infringes any legal rights that you may have or are not allowed.
WWW.FORTAX.IN may contain links to other Internet www.fortax.in es or online and mobile services provided by independent third parties, including www.fortax.in es of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third-Party Sites also include co-branded with Fortax and so include FORTAX trademarks.
WWW.FORTAX.IN contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on WWW.FORTAX.IN complies with international and national law. FORTAX is not responsible for any error or inaccuracy in advertising, incorrect links or sponsorship material.
Copyright in any software that is made available for download from WWW.FORTAX.IN belongs to FORTAX or its suppliers or contributors. Your use of the software is governed by the terms of any license agreement that may ac Fortax or be included with the software. Do not install or use any of this software unless you agree to such a license agreement. FORTAX is not responsible for any technical or other issues that may happen if you download third-party software.
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, FORTAX accepts responsibility (liability) to you for your use of www.fortax.in or in respect of any third party products or services that we refer to or advertisements or any other link to on www.fortax.in. Unless you are a premium subscriber to WWW.FORTAX.IN we accept no financial responsibility to you arising from your use of business-standard.com or the content, advertisements and links published on www.fortax.in. If you are a FORTAX premium service subscriber, we limit our financial responsibility to you arising from your use of WWW.FORTAX.IN and/or the Premium Services you consume on WWW.FORTAX.IN to the price you paid for your subscription.
In no circumstances do we accept responsibility for your use of Third Party Sites or services not limited to advertisements, links in respect of any Third Party Products By Third Party Sites we mean www.fortax.in es, online or mobile services provided by third parties, including www.fortax.in es of advertisers and sponsors that may appear on www.fortax.in . By Third Party Products we mean products or services provided by third parties.
Limitations of content published on WWW.FORTAX.IN :
All content published on WWW.FORTAX.IN (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, Content created by Business Standard, its syndication partners, and including UGC and any other content provided by third parties and distributed by WWW.FORTAX.IN , does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Business Standard. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from)WWW.FORTAX.IN are at your own responsibility and entered into at your own risk. Any information that you receive via Business-standard.com, whether or not it is classified as “real-time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
What we promise:
FORTAX promises to develop and operate WWW.FORTAX.IN with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware or made aware of.
What we do not promise:
FORTAX does not provide any promises or warranties other than defined above. The content is provided on an “as is” and “as available” basis. While the…
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any individual, organization or entity but if we do so we will ensure that any Fortax/individual/entity to whom we transfer our rights or obligations will continue to honorhonors your rights under them. Any resultant changes to the terms and conditions will be intimated to you via email and updated on this www.fortax.in .
Fortax is not responsible for any of the data error or missing of filing to the gst portal of any of the usersuser present by any meansmean the libel person is the user itself. Any quarry raised will only be permissible if any of the users will show the original copy of the invoice provided at the time of sale.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and FORTAX for your use of the FORTAX www.fortax.in , FORTAX mobile and other digital products and services from FORTAX. They supersede all previous communications, representations and arrangements, either written or oral.
All Content created and published on the digital platforms under the url WWW.FORTAX.IN the mobile browser site, applications, Fortax E-paper belong to Fortax and its licensors who own all intellectual property rights (including copyright and database rights) No intellectual property rights in any of the content are transferred to you while you consume the content on this platform. “TRADEMARC” and “FORTAX” are registered trademarks of FORTAX and you may not use them without prior written permission from FORTAX. You are permitted to use the content on this platform only as set out in our Copyright Policy.
These terms and conditions were published on 1st June 2018 and replace with immediate effect the terms and conditions previously published.
Annexure No. 2
As you are GST registration firm should have a GST no. yourself that can be managed by our firm. we can provide all the services at genuine and affordable prices.
You will be working remotely work from your place in regular reporting to Head office. There will be catch ups scheduled with your mentor to discuss work progress and overall working experience at regular intervals.
All the work that you will produce at or in relation to Fortax will be the intellectual property of Fortax. You are not allowed to store, copy, sell, share, and distribute it to a third party under any circumstances. Similarly, you are expected to refrain from talking about your work in public domains (both online such as blogging, social networking site and offline among your friends, college etc.) without prior discussion and approval with your mentor.
We take data privacy and security very seriously and to maintain confidentiality of any students, customers, clients, and companies’ data and contact details that you may get access to during your internship will be your responsibility. Fortax operates on zero tolerance principle with regard to any breach of data security guidelines. At the completion of the working you are expected to hand over all Fortax work/data stored on your Personal Computer to your mentor and delete the same from your machine.
During the appointment period you shall not engage yourselves directly or indirectly or in any capacity in any other organization. In the event of a breach of this condition, this appointment is liable to be terminated forthwith by the company. In addition, you shall be liable to pay liquidated damages to the Company of an extent estimated by the Company.
Under normal circumstances, either the company or you may terminate this association by providing a notice of 15 days without assigning any reason. However, the company may terminate this agreement forthwith under situations of in-disciplinary behaviors.
You are expected to conduct yourself with the utmost professionalism in dealing with your mentor, team members, colleagues, clients and customers and treat everyone with due respect.
Fortax is a start-up and we love people who like to go beyond the normal call of the duty and can think out of the box. Surprise us with your passion, intelligence, creativity and hard work – and expect appreciation & rewards to follow.
Expect constant and continuous objective feedback from your mentor and other team members and we encourage you to ask for and provide feedback at every possible opportunity. It’s your right to receive and give feedback – this is the ONLY way we all can continuously push ourselves to do better
Have fun at what you do and do the right thing – both the principles are core of what Fortax stands for and we expect you to imbibe them in your day to day actions and continuously challenge us if we are falling short of expectations on either of them.
Subject to companies’ performance your performance, your adherence to your contractual obligations and other market & relevant factors, your total stipend will be 5% to 10 % per lead according to your work efficiency. We will increase your percentage when you achieve maximum client conversion. You are required to meet minimum performance achievement against the set target 50 Leads P/M on month basis to be fully eligible for monthly stipend.