[A] Key Words
- "Service Provider(s)" shall mean any person/organizations that provide mobile/data services that support data traffic.
- "Data Connection" shall mean any GPRS, 3G/4G/5G, wired/wireless internet connection, or any other network that permits the Client to access the Service from his Device.
- "Service" shall mean the service, available as a mobile application and website which allows the Client to access his personal, business as well as his financial data from his Device subject to adherence of these Terms and conditions.
- "Client Application" shall be the software/website provided by and modified from time to time by K. K. Haryani & Co. using which the Clinet will be able to access his/her Accounts (Masters as well as financials) related information through a Data Connection.
- "Client" means a person who is a client of a K. K. Haryani & Co. and who has accepted these Terms and conditions.
- "Login Credentials" or "Credentials" shall mean the Client Identification Number, Client Name, User ID, that are to be used by the Client to authenticate himself prior to accessing the Service.
- "Device" shall mean a mobile phone, tablet, or any other remote access device that supports access to the Service.
- "Mobile Phone Number" means a distinctive Mobile Phone number registered on the records of K. K. Haryani & Co. (CA KKH) by the Client.
- "Specific Terms and conditions" means the Specific Terms and conditions, as may be either contained in the K. K. Haryani & Co. (CA KKH) Terms and conditions to be communicated to the Client from time to time, applicable to the Service.
- "Terms and conditions" means these Terms and conditions including any amendments and any and all data, information attached to it or incorporated by reference from time to time. These Terms and conditions are supplemented by and are in addition to the Specific Terms and conditions that shall be communicated to the Client prior to availing the Service. In case there is a conflict or repugnancy between these Terms and conditions and any Specific Terms and conditions, these Terms and conditions would prevail for all intents and purposes.
- Terms used hereunder.
- The Client understands and acknowledges that this Service is an extension of accessing personal, business and financial data and that all users of this Service shall also be bound by the same Terms and conditions.
[B] The Client acknowledges and accepts that:
- The Client understands and accepts that acquaintance with all other conditions that are pre-requisite to access the Service, including, but not limited to a Device, Data Connection, etc. will be the sole responsibility of the Client.
- This Service shall be provided at the sole discretion of K. K. Haryani & Co.(CA KKH) and may be discontinued by K. K. Haryani & Co. (CA KKH) at any time, without prior notice to the Client.
- The Client confirms and agrees that the Client shall not hold the K. K. Haryani & Co. (CA KKH) responsible or liable for any failure to provide the Service by reason of the services being temporarily unavailable or there being an overload on the server or for any other technical or other reason, whatsoever.
- The Client shall be able to access the K. K. Haryani & Co. (CA KKH) Account using the Service, only after due authentication of the Client is done by means of verification of the applicable Login Credentials. The Client is aware of the confidential nature of such Credentials and confirms that neither the Client nor any authorized signatory/authorized representative of the Client shall disclose the Credentials to any person. The Client will promptly inform the K. K. Haryani & Co. (CA KKH) in case the Credentials become known to any unauthorized person. The Client hereby instructs the K. K. Haryani & Co. (CA KKH) to comply with any/all instructions given through the use of the Service in conjunction with the correct Credentials. The K. K. Haryani & Co. (CA KKH) shall be entitled to assume that any instruction given to the K. K. Haryani & Co. (CA KKH) using in accordance with the above are given/authorized by the Client and agrees that the K. K. Haryani & Co. (CA KKH) will not be liable for any fraudulent, duplicate or erroneous instructions that have been authenticated by providing the Credentials of the Client.
- For first time access to new KKH Mobile App or login through Website clients portal, Client would be required to change the password for enhanced security reasons.
- K. K. Haryani & Co. (CA KKH) shall send Mobile In-app notifications on service details etc. The service details received by the Client on CAKKH Mobile app will be only for information purpose, and the fulfilment of the specific service will solely depend on the service terms & conditions and Client eligibility.
- The Client shall be responsible for the Device and any usage of the same, strictly by the Client itself by ensuring to maintain strict confidentiality of the account details, including the user id and password ('confidential details'). In no event K. K. Haryani & Co. (CA KKH) shall be liable or responsible if Client allows or shares the confidential details to a third party or any person, with or without his/her knowledge. Accordingly, usage by a third party or any other person in such situation shall be deemed to be a usage by the Client and the Client shall be solely liable and responsible for any misuse or sharing of data contained therein.
- It shall be the sole responsibility of the Client to inform K. K. Haryani & Co. (CA KKH) about any change with regard to the registered Mobile Phone Number and that K. K. Haryani & Co. (CA KKH) shall not be, in any way, liable or responsible for any loss, damages, costs, charges or expenses suffered/incurred by the Client by reason of his/her failure to do so.
- The Client represents that to the best of Client's knowledge, the device and any other computer system through which access to K. K. Haryani & Co. (CA KKH) Online/CA KKH Mobile may be effected are free from any electronic, mechanical, data failure or corruption or Malware. The Client agrees that neither K. K. Haryani & Co. (CA KKH), are responsible for any electronic, mechanical, data failure, corruption or Malware or related problems that may be attributable to the Service provided by any internet service provider or information service provider, network provider, content provider, any server or such other equivalent system.
- The Client expressly understands and agrees that Client's use of the Service is at Client's sole risk. The Service service is provided on an "As Is" and "As Available" basis.
- K. K. Haryani & Co. (CA KKH) expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement
- K. K. Haryani & Co. (CA KKH) makes no warranty that (i) the Service will meet Client's requirements, (ii) the Service will be uninterrupted, timely, secure or error- free, (iii) the results that may be obtained from the usage of the Service will be accurate or reliable, (iv) the quality of any products, facilities, information or other material purchased or obtained by Client through the Service will meet Client's expectation, and (v) any errors in the technology will be corrected.
- The Client acknowledges and agrees that K. K. Haryani & Co. (CA KKH) is not responsible for the technology of the Service on Client's Device and K. K. Haryani & Co. (CA KKH) expressly excludes any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of the Service as a means for securing access to and using the Application. By activating the Service for the Application, the Client agrees to K. K. Haryani & Co. (CA KKH) using and relying on the Service to authenticate Client's identity, instead of requiring Client's password. The Client acknowledges that K. K. Haryani & Co. (CA KKH) may still require Client's password and/or another form of authentication even though the Clienthas accessed the Application using the Service as K. K. Haryani & Co. (CA KKH) may deem fit and proper.
- The Client accepts full responsibility for wrongful use of the Service in contravention of the above terms and unconditionally undertakes and agrees to indemnify the K. K. Haryani & Co. (CA KKH) and keep the K. K. Haryani & Co. (CA KKH) indemnified and harmless against any loss, damage, interest, conversion or any other financial charge or any other liability whatsoever that K. K. Haryani & Co. (CA KKH) may incur and/or suffer on account of Client committing violation of the above Terms and Conditions and/or any other laws, rules, regulations, circulars, guidelines, notifications and instructions issued by the RBI and/or the Government of India and/or any other statutory body in respect thereof from time to time or arising out of as a consequence of Client using the above Service. This clause shall survive the termination of the Terms and Conditions.
- The Client shall ensure that the Client does not in any manner release any confidential data, including Client's login details of the above Service to third parties and the Client shall indemnify K. K. Haryani & Co. (CA KKH) from any loss that may be caused to the K. K. Haryani & Co. (CA KKH) by any breach of this covenant. In the event of any misuse of the above Service, the Client agrees that the Client shall be solely and exclusively responsible for all loss caused incurred by the Client and that the Client shall not hold K. K. Haryani & Co. (CA KKH) liable for any loss caused thereby.
- K. K. Haryani & Co. (CA KKH) reserves the right, but shall not be obliged, to make changes, enhancements, and/or modifications to the Service from time to time.
- The Client shall not interfere with, alter, amend, tamper with or misuse in any manner whatsoever the Service and in the event of any damage due to improper or fraudulent use by the Client or third party, the Client shall be liable in damages to K. K. Haryani & Co. (CA KKH) and the opinion of the K. K. Haryani & Co. (CA KKH) shall be conclusive in this respect.
- The Clients acknowledges and understands that appropriate security measures and due diligence shall be ensured by the Client to download the CA KKH Mobile app published by K. K. Haryani & Co. (CA KKH) from any third party application stores which have been approved by K. K. Haryani & Co. (CA KKH). The Client also understands and acknowledges that K. K. Haryani & Co. (CA KKH) shall not be responsible for any consequences arising out of download of CA KKH Mobile app by the Client from any third party application store which is not published by K. K. Haryani & Co. (CA KKH).
- The Client understands and acknowledges that any access to K. K. Haryani & Co. (CA KKH) Online vide CA KKH Mobile app shall be effected through the internet service provider, information service provider, network provider, content provider, server or such other equivalent system in the country from where such service shall be accessed by the Client.
[C] Client Undertaking
- In consideration of K. K. Haryani & Co. (CA KKH) agreeing to provide the Service to the Client, the Client hereby irrevocably agrees, to compensate and keep K. K. Haryani & Co. (CA KKH) saved, harmless and protected now and at all times hereafter, from all losses, damages, costs, legal fees, charges and expenses and consequences whatsoever, suffered or incurred by K. K. Haryani & Co. (CA KKH) on account of any claims, actions, suits or otherwise instituted by the Client, or any third party whatsoever, arising out of or in connection with the use of the Service and any and all transactions initiated by the use of the Service, whether with or without the knowledge of the Client, or whether the same have been initiated bona fide or otherwise which transactions, the Client hereby acknowledges, K. K. Haryani & Co. (CA KKH) has processed on the transaction instructions and authority of the Client in accordance with these Terms and conditions and other applicable Specific Terms and conditions, as the case may be.
[D] Confidentiality and Disclosure
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Client agrees and provides his/her express consent that K. K. Haryani & Co. (CA KKH) may disclose any information whatsoever regarding him/her and/or his/her Account(s) (i.e. personal, business, financials) to:
a. Any Statutory/Judicial/Quasi- Judicial/Regulatory/ Law Enforcement Authority;
[E] Termination
- Except as otherwise provided by the applicable law or regulation, K. K. Haryani & Co. (CA KKH) reserves the right to terminate the Service and/or expand, reduce or suspend theService, change the process associated with this Service based on security issues, at any time, without any prior notice to the Client.
- K. K. Haryani & Co. (CA KKH) also reserves the right at any time to add/alter/modify/change or vary all of these Terms and conditions. Such modified Terms and conditions shall be available at K. K. Haryani & Co. (CA KKH) website/Mobile App. The Client is presumed to have read, understood and accepted the same.
[F] Disclaimers
K. K. Haryani & Co. (CA KKH) shall not be liable for :
- Any unauthorized use of the Service by the Client or any fraudulent, duplicate or erroneous transaction instructions given by use of the Client's Credentials.
- Acting in good faith on any action instructions received by K. K. Haryani & Co. (CA KKH);
- Error, delay or inability of K. K. Haryani & Co. (CA KKH) to act on all or any of the instructions;
- Loss of any transaction instructions/messages in transmission;
- Unauthorized access by any other person to any transaction instructions given by the Client or breach of confidentiality;
- In the event that K. K. Haryani & Co. (CA KKH) is rendered wholly or partly unable to observe or perform under these Terms by reason of causes beyond its control including (but not limited to) equipment, system or transmission link malfunction, server failure, software failure, failure or sabotage, fire, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, acts, demands or requirements of any Government or regulator of competent jurisdiction, or by any other causes which it cannot reasonably be expected to continue the performance of K. K. Haryani & Co. (CA KKH)'s obligations as they are affected or likely to be affected by such causes, shall be excused for the continuance of such causes. K. K. Haryani & Co. (CA KKH) shall not be liable for any delay, loss, damage or inconvenience whatsoever caused by or arising from or in connection with any one or more of the above-mentioned causes.
- K. K. Haryani & Co. (CA KKH) shall not be liable for any loss or damage that the Client may incur due to negligence, act or omission of any third party.
- The Client shall be solely responsible for the selection of the Device/Service Provider(s) and for all issues/disputes between the Client and the Service Provider(s) and/or the manufacturer of the Device.
[G] Governing law and jurisdiction
- The construction, validity and performance of these Terms and conditions shall be governed in all respects by the laws of India. The parties hereby submit to the exclusive jurisdiction of the competent Courts at Bharuch, (Gujarat), India which courts shall have jurisdiction in the matter to the exclusion of any other courts, irrespective of whether such other courts have similar jurisdiction in the matter.
- In the event of the Client accessing the Service from any other country than India, such access shall also be subject to and governed by the relevant laws and regulations of the country from where such service is being accessed by the Client and any terms and conditions prescribed by such internet service provider, information service provider, network provider, content provider, server or such other equivalent.