GST Legal Policy – ACESForce

PRIVACY POLICY

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 the usage of WayGST.

For the purpose of this policy, wherever the context so requires, “ACESForce Solution ” shall be referred to as “ASP” (GST Suvidha Provider) and “You/ User” shall mean any person, including the any entity accessing, using WayGST provided and authorised by GSP “M/s. Bodhtree Consulting Limited” # Block “A”, Wing “2”, Level 6, Cyber Gateway, Madhapur, Hyderabad- 500 081

This Privacy Policy describes in brief the manner in which your Sensitive Personal Data or Information is collected and used by WayGST. You are advised to please read the Privacy Policy carefully. By using WayGST, you agree to the collection and use of your data by ASP in the manner provided in this Privacy Policy.

WHAT INFORMATION IS, OR MAY BE, COLLECTED FROM YOU?

ASP will automatically receive and collect certain anonymous information including

an IP address, assigned to the computer which you use

API may collect the following sensitive personal data or information (SPDI) about you:

In case, you are an Individual/ Enterprise, then the following SPDI is collected

Name- First Name & Last Name
Business Name
Business Address
Email id
Contact Phone No
GSTIN
GSTIN User Name
State related Information
Tax Related Information
In case of multiple States, GSTIN Details related to that specific States

In case, you are a CA Firm/ Suvidha Centre, then the following SPDI is collected

Name- First Name & Last Name
Business Name
Business Address
Email id
Contact Phone No
Tax Related Information

WHO COLLECTS THE INFORMATION

Some of your sensitive personal data or information may be collected by the ASP as authorized by GSTN

M/s. AcesForce Solution
Mavinchod, Thaikkad Po,
Guruvayur, Thrissur -680104 – Kerala

ASP will collect anonymous traffic information from you when you access, use WayGST
ASP will collect sensitive personal data or identifiable information about you only as a part of a voluntary registration process.

PURPOSE OF COLLECTION

ASP herein collects your Sensitive Personal Data or Information for the purpose of enabling you to file the GST related returns through WayGST.

HOW IS THE INFORMATION USED?

ASP herein warrants that it shall use your Sensitive Personal Data or Information only for GST related purposes.

DISCLOSURE POLICY IN COMPLIANCE WITH RULE 6 OF THE IT RULES 2011

The sensitive personal data or information may be disclosed to any person, if such disclosure is required for a lawful purpose connected with a function or activity of WayGST.

The sensitive personal data or information may be disclosed, where the disclosure is necessary for compliance of a legal obligation.

We do not rent, sell, publish or share your sensitive personal data and we will not disclose any of your personally identifiable information unless:

we have your permission
to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, including cyber incidents potential threat, punishment of offences and to the safety or security of any person, violations of legal policies of WayGST or to defend against legal claims;
Special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.

WHAT CHOICES ARE AVAILABLE TO YOU REGARDING COLLECTION, USE AND DISTRIBUTION OF YOUR INFORMATION?

Sharing your sensitive personal identifiable information is entirely voluntary. However, ASP shall offer services only to users who register. You may opt-in or opt-out of any services. You may update your information and change your account settings at any time.

Upon request, we will remove/block your sensitive personal identifiable information from our database, thereby cancelling your registration. However, your information may remain stored in archive even after the deletion or the termination of your account subject to the applicable laws being in force.

WHAT SECURITY PROCEDURES ARE IN PLACE TO PROTECT INFORMATION FROM LOSS, MISUSE OR ALTERATION?

To protect against the loss, misuse and alteration of the information under our control, and to comply with Rule 8 of IT Rules, 2011 (Reasonable security practices and procedures and sensitive personal data or information), we have in place appropriate physical, electronic, technical, operational and managerial procedures.

ASP herein represents and warrants that it has adopted “Reasonable Security Practices and Procedures” as per IT Rules 2011, IT Act 2000 and applicable laws. However, ASP herein intends to notify that it shall not be liable for any acts, actions, commissions, omissions beyond its control including any unforeseen cyber-attacks.

POLICY UPDATES

We reserve the right to change or update this policy at any time by placing a prominent notice on WayGST. Such changes shall be effective immediately upon posting the same on WayGST. However, you shall be intimated by the email provided by you herein in case of any policy updates.

TERMS AND CONDITIONS

WayGST (hereinafter referred to as “WayGST”) is the exclusive property of Bodhtree Consulting Limited with its registered office at # Block “A”, Wing “2”, Level 6, Cyber Gateway, Madhapur, Hyderabad- 500 081, Telangana, India (herein after referred to as “GSP”). The term “we”, “us”, “our” shall WayGST and ASP (Bodhtree Consulting Limited)

Your use of WayGST is governed by the following terms and conditions (“Terms of Use”) as applicable to the WayGST including the applicable policies which are incorporated herein by way of reference. If you access, secure access to the WayGST, You shall be subject to all the policies and terms mentioned herein. By registering with WayGST, You shall be contracting with ASP and these terms and conditions including the policies constitute your binding obligations, with ASP

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person (including companies, professionals, individuals, entities) browsing, accessing or who has registered on WayGST by providing Registration Data while registering on the WayGST as Registered User using Computer, Mobile phones, Tablets.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. We shall intimate you in case of any change in terms of use and such changes shall take immediate effect upon intimation. Your continued use of WayGST, following the posting of changes shall indicate your consent and acceptance to such changes and revisions.

We herein grant you a personal, non-exclusive, non-transferable, limited right to access or secure access to WayGST. However, such limited right shall be subject to your compliance with the terms and conditions set forth herein

ACCESSING, SECURING ACCESS, REGISTERING ON THE WayGST INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy and legal policies mentioned on WayGST

WAYGST- TECHNOLOGY PLATFORM

ASP is an intermediary and offers a one stop SAAS based GST Solution through the WayGST. WayGST is a technology platform enabling you to upload and file GST related returns. WayGST also offers services including but not limited to Analytical Reports, Virtual Wallet for prepaid users, Electronic Signature Integration, Ledgers, Notifications, Reconciliation etc. WayGST is designed in a scalable manner through cloud with an efficient backend support system. WayGST is compliant with the standards, norms of GSTN and GST related laws, rules, regulations made there under.

You understand, acknowledge and accept that WayGST is only a mere facilitator, enabling you to upload and file GST related returns through the platform

TERMS OF TECHNOLOGY PLATFORM

You understand, agree and acknowledge that WayGST provides services to enable you to upload and file GST related returns through its technology platform

You herein acknowledge and agree that WayGST, ASP shall however, take no responsibility in any manner for the information, data including but not limited invoices, GSTR1-9 returns and any other information uploaded and filed by you through WayGST.

You herein acknowledge and agree that in case you are uploading and filing GST related returns on behalf of any person, company, professional etc. through WayGST, neither WayGST nor ASP shall have any responsibility, liability in whatsoever manner in this regard.

WayGST is only a mere facilitator enabling you to upload and file GST related returns through its technology platform
All content, information including but not limited to invoices, GSTR1-9 returns etc. uploaded and filed by the you through WayGST is merely uploaded to GSTN through the technology platform and WayGST, ASP shall be considered as intermediary for this purpose
WayGST, ASP shall not endorse or advise or involve in whatsoever manner with regard to any information, content uploaded and filed by you using WayGST
WayGST shall not in whatsoever manner resolve or mediate any dispute or disagreement between the you and the GSTN or any Tax Collecting Authority
WayGST, ASP shall not make any representation to the content, information, uploaded and filed by you using WayGST
You herein understand, acknowledge and accept that neither WayGST nor ASP shall be liable in whatsoever manner for any but not limited content, information uploaded and filed by you through WayGST including any acts, actions, activities, commissions, omissions arising thereof

TERMS OF USE

WayGST shall be used only by persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use WayGST. If you are a minor i.e. under the age of 18 years, you shall not register as a user of WayGST and shall not use WayGST. We reserve the right to terminate your Registration and / or refuse to provide you with access to the WayGST if it is brought to our notice or if it is discovered that you are under the age of 18 years.

REGISTRATION & NO CHARGES

WayGST does not charge any registration fee for registering on WayGST. However, in an event WayGST introduces new services, features and intends to introduce a registration fee for the same, then WayGST shall reserve the right to introduce a registration fee for such new services, features or amend/ introduce fees for existing services at its sole discretion. However, in the event of any such registration fee, you shall be notified about the same. In such events, you shall be responsible for making such payments to the ASP as may be specified

WayGST’s TERMS OF USE

You agree, undertake and confirm that your use of WayGST shall be strictly governed by the following binding principles. You hereby agree not to use WayGST to:-

harass or advocate harassment of another person;
involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringe upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
promote an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
upload, share, transmit video, photographs, or images of another person (with a minor or an adult).
to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to WayGST or to account information or other areas of the WayGST or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engage in sweepstakes, barter, advertising and pyramid schemes etc. through WayGST
solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
interfere with another user’s (including person, company, professionals) use of WayGST
harm minors in any way;
infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items including images, pictures, information, data;
violate any law for the time being in force;
spread, transmit, upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
to upload, attempt to upload and file any information, content that is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

PROHIBITED USE OF WayGST

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the WayGST or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the WayGST or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through WayGST. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of WayGST or any other systems or networks connected to the WayGST or to any server, computer, network, or to any of the services offered on or through the WayGST, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of WayGST or any network connected to WayGST nor breach the security or authentication measures on WayGST or any network connected to WayGST. You may not reverse look-up, trace or seek to trace any information on any other user of WayGST or any other customer, including any account on WayGST not owned by You, to its source, or exploit the WayGST or any service or information made available or offered by or through WayGST, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by WayGST.
You shall tarnish the image or reputation, of ASP, WayGST or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with “WayGST” as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the WayGST ‘s systems or networks, or any systems or networks connected to WayGST
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of WayGST or any transaction being conducted through/ on WayGST or with any other person’s use of the WayGST.
You may not use WayGST for any unlawful or prohibited use by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ASP, WayGST
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
You may not transmit any chain letters or unsolicited commercial or junk email to other users via WayGST
You shall at all times ensure compliance with GST Act and applicable tax laws and all laws being in force
You understand that we have the right at all times to disclose any information (including the identity of the person, company, professional) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We shall not be responsible or liable for any legal issues arising out of any content including invoices, GSTR1-9 returns and all other information uploaded and filed by you through WayGST
We does not approve of such unauthorized uses, but by using WayGST, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others
The ASP shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

CONTENT POLICY

All existing and future Intellectual Property in the nature of unregistered or registered rights to any and all patents, copy rights, trademarks of “WayGST” and all Intellectual Property relating to WayGST shall be the sole property of Bodhtree Consulting Limited.

The content, information including information relating to GSTR1-9, invoices, reconciliation, history of transactions, return related information and any other material uploaded and filed by any Third Party including users, companies, professionals either directly or on behalf of any person, company shall be considered as “Third-Party Content”.

All the intellectual property, proprietary rights arising out of such “Third-Party Content” shall be sole and exclusive property of such respective Third Party. WayGST merely facilitates filing of such GST related returns through its platform and shall be considered as a mere intermediary for this purpose. In no event shall WayGST nor Bodhtree Consulting hold or assume any rights, title, interest whatsoever regarding such Third-Party Content. In no event shall WayGST nor Bodhtree Consulting intend to acquire any Intellectual Property and Proprietary Rights relating to such Third-Party Content.

However, WayGST facilitates uploading and filing GST related returns through its platform and for this purpose it displays such Third-Party Content thereby enabling the Third Parties including users, companies, entities, professionals to file GST related returns through the platform.

You herein acknowledge and agree such display of Third-Party Content is solely for enabling the third parties to file GST related returns only.

LIABILITY DUE TO INTERNET CONNECTIVITY & NETWORK ISSUES

The ASP, WayGST shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.

USER OBLIGATIONS

You shall be obliged to provide accurate information and other details to us
You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land
You shall read all the policies, terms mentioned in WayGST
You shall not copy or use the information contained in WayGST
You shall be responsible for all content, information including but not limited to invoices, GSTR1-9 and any other information uploaded and filed by you directly or on behalf of any person including users, companies, professionals
You shall be responsible for using WayGST solely for GST related purpose i.e. for uploading and filing GST related returns
You shall ensure compliance with GST Act and all applicable tax laws and any laws being in force
You shall be responsible for all acts, actions, activities, commissions, omissions arising out of your use relating to WayGST
You shall be responsible for ensuring reasonable security measures regarding your login credentials relating to WayGST. In no event shall ASP shall hold any responsibility, liability in this regard.

PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.

LEGAL DISCLAIMER

All the services, included on or otherwise made available to You through WayGST are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Nothing on WayGST constitutes, or is meant to constitute, advice of any kind. Further, we shall not be responsible, liable for any personal, legal, financial decisions you make regarding uploading and filing GST returns (including information, invoices, GSTR1-9 returns etc.) through WayGST.

We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF WayGST.

INDEMNITY

You shall indemnify and hold harmless WayGST, ASP, its Director, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, damage claims made by any third party including third party vendors, users, companies, professionals and/ penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party including person, entity, ASP.

APPLICABLE LAW / JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad.

INTELLECTUAL PROPERTY POLICY (IP POLICY)

You herein acknowledge and agree such display of Third-Party Content is solely for enabling the third parties to file GST related returns only.

You herein acknowledge and accept not to challenge any application, registration of intellectual property relating to “WayGST” including copyright, trademark, patent etc. whether registered or unregistered.

You shall not use, reuse, reproduce, republish, transmit, share, distribute or do anything relating to the Intellectual Property of “WayGST” by any means including physical, electronic and in any manner either directly or indirectly. However, you shall not in any manner assist or enable assistance in this regard to any other person, company. For this purpose, any use for which you receive any remuneration, whether in money or otherwise, directly or indirectly, relating to the Intellectual Property of “WayGST” shall be considered as commercial use and shall amount to breach of Intellectual Property Rights.

You herein agree that Bodhtree Consulting Limited shall have the right to seek damages against you for such breach, contravention, violation. This may be in addition to the other legal remedies.

You herein agree that WayGST displays Third-Party Content only for enabling them to file GST related returns through the platform. You herein acknowledge and accept that such display is non-commercial use and in no event, shall be considered as breach, violation of any Intellectual Property Rights and/ Proprietary Rights of Third Parties.

INTELLECTUAL PROPERTY RELATED ISSUES
WayGST, Bodhtree Consulting Limited respects the intellectual property of others. In case, You feel that Your Intellectual Property Right has been infringed, You can send an email to GST@ACESFORCE.COM

GRIEVANCE REDRESSAL

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Grievance Officer: – Mr. Biju Parambil
Email: GST@ACESFORCE.com
Time: Mon – Fri (10:00AM to 6:00PM)

If you are an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 then you may intimate the same to the ASP, in the manner explained below: –

Sending a request in writing or through email signed with electronic/ digital signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;
Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid Rules.
Giving a declaration cum undertaking along with necessary documents establishing you
- as the rightful owner of the content to be disabled, or
- as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that the ASP including its Management, Directors, Employees and Grievance Officer shall not be liable in whatsoever manner for any loss or damage or claim for relying upon the said request.
Your contact information like address, telephone number, email address, etc. where you can be contacted.

IT LEGAL COMPLIANCE

This user agreement is published and drafted in accordance & compliance with Section 43 A of IT Act 2008 and IT Rules 2011 (Intermediary guidelines) that require intermediaries to have a user agreement regarding sensitive personal data or information (SPDI).

By accessing or securing access, using WayGST you agree to the terms of the user agreement regarding your sensitive personal data or information (SPDI).

TERMS

I understand and have the knowledge that my sensitive personal data or information is being collected.
I understand and have the knowledge of the purpose for which my sensitive personal data or information is collected.
I understand and have the knowledge of the indented recipients of the information.
I understand and have the knowledge of the name and address of the agency that is collecting, retaining and using the information.
I understand that I have the option not to provide the data or information sought to be collected by WayGST
I understand that I also have an option (while availing the services of WayGST otherwise) to withdraw my consent given earlier to WayGST and understand and accept that such withdrawal of the consent shall be sent in writing to WayGST and in such case, WayGST shall have the option not to provide the services for which the said information was sought.
I read and have understood the Privacy Policy mentioned in WayGST
I read and have understood the Terms and Conditions of mentioned in WayGST
I read and have understood the IP Policy and all legal policies mentioned in WayGST