TERMS OF USE

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. 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 requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the website.

The domain name tutelar.io, and its related sub-domains, sites, services and tools (“Website”) is validly licensed to Tutelar Fintech Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at B20, 3rd Floor, SKCL Excellence, Guindy Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600032, India. (hereinafter referred to as “Tutelar”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

Tutelar reserves the right, at its sole discretion, to change, modify, add or remove all or any of these terms of service, at any time without any prior written notice to you. It is your sole responsibility to review these terms of service periodically for updates and changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions.

The general terms of service contained in Section A herein govern your general access of the Website along with use of any of our services on the Website and the information accessible on or through the Website, on top of any other terms that apply to a specific service you are using (“General Terms”).

The specific terms of service contained in Section B herein govern your use of the specific services provided on the Website and the information accessible on or through such services (“Specific Terms”).

For the sake of clarity, General Terms and Specific Terms shall hereinafter be collectively referred to as “Terms”.

If you are unwilling or unable to be legally bound by these Terms, please do not use the Website.

You cannot accept these Terms if: (a) you are not lawfully entitled to use the Website or (b) if you are not of legal age to form a binding agreement with Tutelar.

You should read the General Terms and the Specific Terms together, unless otherwise specified, and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of Tutelar.

Such linked information including but not limited to Tutelar’s privacy policy (“Policy”) is hereby incorporated by reference into these Terms.

SECTION A

GENERAL TERMS OF SERVICE

Use of Website

Unless as otherwise provided in the Specific Terms and any other agreement that you may enter into with Tutelar, you agree that you shall use the Website and the content including but not limited to text, Third-party Information, and information retrieved through the use of the Website (“Content”), for your personal use only.
In order to avail any services on the Website, you may be using or have access to certain Third-party Information. The term “Third-party Information”, for the purpose of these Terms and services provided on the Website, shall mean and include any information collected from variety of publicly accessible sources and/or by a third-party information source which may or may not be publicly accessible (as the case may be) by Tutelar, vis-à-vis services provided on the Website, with no direct connection to the subject whose data Tutelar collects whilst performing its services. Tutelar, whilst providing its services on the Website, shall not be responsible for your access to or your use of such Third-party Information. Except as otherwise provided in the Specific Terms and any other agreement that you may enter into with Tutelar, you hereby agree that you have obtained explicit written authorization and consent, from all such subjects/individuals whose information you verify/provide data against, in the format required by the applicable laws in force, from time to time and store the same in your custody in accordance with such laws. You hereby represent and warrant that Tutelar shall not be held responsible, liable or accountable in any manner or to any extent whatsoever, for your failure to perform obligations under this Clause.
You shall not use the Website and any Content therein for any unlawful purpose.

Username and Password

Should you wish to avail any of the services provided by Tutelar on the Website, you will be initially provided with test access to the Website in accordance with the terms agreed with Tutelar. In order to facilitate this test access, Tutelar shall provide a username and password to you to evaluate all the services on the Website (“Login Credentials”). However, there is a limit to the usage of such test access, with the details being specified by Tutelar to you. In case you wish to avail any or all of the services provided by Tutelar on the Website, you will be required to execute an agreement with Tutelar for availing such services and will be subsequently shifted to production access with the same Login Credentials.
You shall take appropriate measures to protect the Login Credentials and make sure that you do not share the Login Credentials with any third-party.
Tutelar reserves the right to refuse your registration on the Website.
Tutelar reserves the right to revoke your access to the Website without prior notice, at any time, if it has reason to believe that there has been a misuse or unauthorized access or ownership of the Login Credentials.

Intellectual Property

“Intellectual Property” shall mean patents, patentable materials, inventions, algorithms, designs, copyrights, trademarks, domain names, trade secrets, know-how, including, but not limited to, source code, data, presentation, research, documents, product plans, products, pricing, services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.
You hereby agree and acknowledge that the rights granted to you under these Terms do not convey any additional rights in the services provided on the Website, or in any Intellectual Property associated therewith.
Tutelar does not claim ownership on any Third-party Information or other information retrieved by you on the Website vis-à-vis the services provided by Tutelar. You understand that whilst using the services on the Website, Tutelar, through the Website, simply acts as a resource for aggregating information from various sources and makes available such information to you, depending on the services selected by you, on the Website in a manner Tutelar deems fit.

Disclaimer

The services on the Website are provided “as is” without warranty of any kind. Some part of Website including the data procured on the Website, contains some third-party content (such as text, images, videos, audio, or software). Tutelar disclaims all warranties, whether express, implied or statutory, regarding the Website, including without limitation any and all implied warranties of merchantability, accuracy, authenticity and/or accuracy of data, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and any warranties or conditions arising out of course of dealing or usage of trade. Further, Tutelar disclaims any warranty that your use of the Website will meet any or all of your requirements or that such use will be uninterrupted or error-free.
Tutelar makes no guarantees with respect to the availability or uptime of any services provided on the Website. Tutelar may conduct maintenance on or stop providing any services, at any time with or without notice due to an event including but not limited to (a) government order, (b) change or clarification in applicable law, (c) third-party server down time, (d) non availability/partial availability of data or any technical errors in the Website or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party or governmental authority’s records, where such data is sourced from any websites hosted by any third party or governmental authority including any local, judicial, quasi-judicial, municipal, or any other statutory authority or ministry, non-retrievability of such data in the stipulated time frame due to the servers of such website(s) being down and/or slow (due to increase in traffic or for any other reason); or in the event the website is shut down / dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the services provided on the Website by Tutelar.
Tutelar may change the method of access to the Website at any time. In the event of degradation or instability of Tutelar 's system or an emergency, Tutelar may, in its sole discretion, without any prior notice, temporarily suspend your access to the Website.
In addition to the disclaimers contained in this Clause 5, for specific disclaimers foreach of the services provided by Tutelar on the Website, please refer to the Specific Terms.

Indemnity

You agree to indemnify and hold harmless Tutelar, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any claim, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Policy and other policies, or violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party by you.

Confidentiality

Tutelar has taken adequate measures to protect the security of your personal information, business information and Third-party Information (collectively, “Information”) and to ensure that your choices for its intended use are honoured. Tutelar takes robust precautions to protect the Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Tutelar considers the confidentiality and security of the Information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and Tutelar will not share the Information with third parties, except as otherwise provided in these Terms and the Policy. Please be advised, however, that while we strive to protect Information and privacy, we cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. Tutelar will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non-personal information of the user will be retained indefinitely.

Limitation of Liability

Tutelar shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under these Terms.
At any point of time, Tutelar’s liability for any loss arising from any transaction carried out by you on the Website, whether on a subscription model or otherwise, shall not exceed the fees paid by you to Tutelar (a) in the preceding 1 (One) month, or (b) for that particular transaction, whichever is lower.

Termination

Tutelar, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the services provided on its Website at any time for any reason including termination for breach of any of these Terms.
If you wish to terminate these Terms, you must immediately stop accessing or using the Website at any time and inform Tutelar in writing of such termination.
The Clauses contained in these Terms that by their nature should survive termination of your usage of the Website shall remain in effect after such termination.

Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Chennai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Chennai, India and the language used shall be English.

Contact Us

If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the grievance officer, who shall address the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder. The name and contact details of the grievance officer are provided below

Name: Fin Meadows Technologies Private Limited (Tutelar)

Address: Indiqube Excellence, B16 & B17, Thiru vi ka Industrial estate, Guindy, Chennai, Tamil Nadu, 600032.

Email ID: [email protected]

If you have questions or concerns about these Terms, please contact Tutelar at https://www.tutelar.io.

PAYMENT TERMS

Customer agrees to pay the fees specified on the applicable order form mutually executed by Tutelar and the Customer (the "Fees") within thirty (30) days of receiving the invoice.

Failure to pay, Late payments

If, for any reason, Tutelar is unable to receive the payment within thirty (30) days of sending the invoice, Tutelar may terminate the service at its discretion. Any partial payments made are considered non-cancelable and non-refundable.

Refund and Cancellation Policy

In the event that the Customer believes there is an error or discrepancy in Tutelar's billing or services and wants to cancel the services, the Customer must notify Tutelar within sixty (60) days from the invoice date, allowing Tutelar to consider and, at its sole discretion, provide an applicable adjustment or credit.

If a refund is deemed appropriate by Tutelar, the Customer can expect the refund to be processed within fifteen (15) business working days from the date of approval.

Unless explicitly stated otherwise in an applicable order form, all Fees are deemed non-cancelable and non-refundable.

Invoicing and Taxes

Tutelar will issue invoices in compliance with applicable laws. The Customer bears sole responsibility for and must pay all relevant sales, use, service, value-added, consumption, or other taxes associated with any payment made to Tutelar.

Fee Changes

Tutelar reserves the right to modify Fees (including the applicable calculation formula specified by the Plan) with notice of at least thirty (30) days provided to the Customer. Such changes will take effect as indicated in the relevant notice. Tutelar may, at its discretion, offer temporary discounts subject to rules and requirements as determined by Tutelar.

SECTION B

SPECIFIC TERMS

Introduction

You should read the General Terms which governs your general access and use of the Website. Such General Terms including but not limited to Tutelar’s privacy policy (“Policy”) are hereby incorporated by reference into this Specific Terms.
The General Terms read with the Specific Terms and any other agreement that you may enter into with Tutelar shall define our relationship and mutual expectations while you use these services on the Website. In order to use the services available on the Website, it shall be your responsibility to comply with both the General Terms and the Specific Terms and any other agreement that you may enter into with Tutelar.
Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.

Use of Services

Tutelar provides a number of services through the Website, as enumerated in detail below. You, however, agree that Tutelar, in its sole discretion may modify, add, alter, replace or remove any or all aspects of the services at any time in a manner it may deem fit.

Total KYC

Upon a written request to Tutelar, this service provides you the right to read and authenticate KYC documents (which includes, inter alia, retail, commercial, professionals, utility bills, assets) through government databases and/or other databases (as the case may be) for the purpose of your own business (“Total KYC”).
You agree that the performance of its services under Total KYC by Tutelar shall be in a manner as Tutelar in its sole discretion may deem fit, or may as otherwise indicate.

KSCAN

Upon a written request to Tutelar along with the name of the entity in a manner indicated by Tutelar, this service provides you with access to Third party Information in relation to such requested entity (which includes inter alia corporate information and details of existing and previous litigations in relation to the requested entity) (“KSCAN”). However, the quantum of the Third-party Information of the requested entity, provided by Tutelar under KSCAN, will depend on the nature of request made and the terms of the agreement entered into with Tutelar.
If, you are a KSCAN user, Tutelar may, as it deems fit, grant you a limited right to add observations, comments or suggestions in any Content provided by Tutelar pursuant to its provision of services under KSCAN. You may be further entitled to share such reports with third parties, subject to Tutelar providing its consent for the same.

GST / ITR

Upon a request to Tutelar along with the name, GSTIN or PAN of the requested entity and/or individual (as may be applicable) (hereinafter referred to as the “Requested Party”) in a manner indicated by Tutelar, this service provides you with access to Third-party Information sourced by Tutelar from authorized government portal (“Government Portal”), in relation to the Requested Party (which includes inter alia GST transaction information, alert and risk levels, compliance details, sale/purchase and customer volumes, taxes and liabilities, details of Income Tax returns and business overview which may consist analysis in relation to nature of business, income statement, financial statement, key person, shareholders, auditors and banking relations, as may be applicable) (“GST/ITR”). However, the quantum of the Third-party Information of the Requested Party fetched from the Government Portal, and subsequently provided by Tutelar under GST/ITR, will depend on the terms of the agreement entered into with Tutelar.
If you are a GST/ITR user, you will be given access to the Third-party Information under this service, in either of the following modes:
For GST related services:
GST Login: You will be asked to provide the GST Network User ID and password details (“GST Login Details”) for the GSTIN(s) of the Requested Party.
GST OTP: You will be asked to provide the GST Network One Time Password (OTP) (“GST OTP Details”) for the GSTIN(s) of the Requested Party.
Document Upload: The Requested Party will be asked to upload and provide documentation like GST return details, to Tutelar, in a manner indicated by Tutelar. Thereafter, Tutelar will use and utilize the foregoing details and generate reports to make it available to you, being the customer/user of the service. The Requested Party shall be solely responsible to ensure that the documentation uploaded by the Requested Party on the Website is true, valid, correct, accurate and complete and Tutelar shall not be responsible for any and all damage or loss arising fromRequested Party’s failure to comply with these terms.
You will be solely responsible for sharing the GST Login Details, GST OTP Details and/or any other documentation with Tutelar shared by you and/or the Requested Party (as may be applicable) and/or underlying liabilities in case of any loss, damage, costs suffered by Tutelar and/or any third party (including the Requested Party) arising out of or in connection with sharing of such details with Tutelar.
For ITR related services: You will be asked to provide the PAN and registered contact name and number details and the ITR password and/or any other information as may be required by Tutelar (“ITR Login Details”) for the ITR(s) of the Requested Party. You will be solely responsible for sharing the ITR Login Details with Tutelar and/or underlying liabilities in case of any loss, damage, costs suffered by Tutelar and/or any third party (including the Requested Party) arising out of or in connection with such sharing of the ITR Login Details.
If you are a GST/ITR user, you will be solely responsible for obtaining valid explicit written authorisation and/or consent (in a form and manner, as prescribed under applicable law, as amended from time to time), from such Requested Party to verify their information using GST/ITR services of Tutelar.
You hereby undertake to store the data/information procured through GST/ITR services provided by Tutelar, only for the limited period of usage of such data, for the purpose for which it is collected and may not reuse such data for any purpose other than for which such data/information is procured using GST/ITR services.
You hereby acknowledge and agree that Tutelar shall store the information gathered and/or reports generated under this GST/ITR service for the limited period necessary for the purpose of providing the said service and/or for such time as may be requested by the you and/or as agreed under your agreement entered into with Tutelar.
You hereby understand and agree that you may use the services indicated hereinabove for your own business or commercial use in the manner indicated by Tutelar. Unless otherwise indicated by Tutelar, you further understand and agree that Tutelar does not, under any circumstance, give you the right to further resell or make available these services to any third parties in any manner whatsoever. You represent and warrant that your access or use of services for such business or commercial use will comply with all applicable laws, rules, and regulations. Tutelar shall not be held liable or responsible for your non-compliance with the terms of this Clause 2.
Under all these services, you acknowledge that the Content (including, the Third-party Information) has been made available to you on the basis of publicly available information and/or by a third-party information source (as the case may be), the accuracy of which has not been verified independently by Tutelar. You are at all times expected to make informed decisions whilst using any of the Content (including, the Third-party Information) made available to you vis-à-vis the services provided on the Website. While the endeavour is to provide accurate information whilst performing the services, Tutelar cannot and does not guarantee the accuracy of the information provided.