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 (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE WEBSITE.
The domain name https://qthreeveni.com/ and its related sub-domains, sites, services and tools (collectively, the “Website”) are owned by Q3 Veni Financial Information Private Ltd, a private limited company incorporated under the Companies Act, 2013 with its registered office at Pipara Corporate House, Nr. Bandhan Bank, Netaji Marg, Law Garden, Ahmedabad – 380006 (hereinafter referred to as “Q3 Veni”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).
Q3 Veni reserves the right, at its sole discretion, to change, modify, add or remove all or any of these terms of service. Q3 Veni will notify you at least once in a year, or whenever there is a change in these terms of service, as the case may be by e-mail or posting a conspicuous notice on the Website. Your continued use of the Website following the notifying or 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 Q3 Veni.
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 Q3 Veni.
Such linked information including but not limited to Q3 Veni’s privacy policy (“Policy”) is hereby incorporated by reference into these Terms.
SECTION A
GENERAL TERMS OF SERVICE
1. USE OF WEBSITE
1.1. Unless as otherwise provided in the Specific Terms and any other agreement that you may enter into with Q3 Veni and subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and retrieve data from the Website as and when you require.
1.2. Unless as otherwise provided in the Specific Terms and any other agreement that you may enter into with Q3 Veni, you agree that you shall use the Website and the content including but not limited to text, Third-party Information (defined below), and information retrieved through the use of the Website (“Content”) for your personal and non-commercial use only.
1.3. Unless as otherwise provided in the Specific Terms and any other agreement that you may enter into with Q3 Veni, you shall ensure that you shall not directly or indirectly modify, translate, or create derivative works based on the Content and store in whole or in part the Content to circulate the Content or any part of it for any commercial purpose, except with prior written consent from Q3 Veni.
1.4. 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 Q3 Veni, vis-à-vis services provided on the Website, with no direct connection to the subject whose data Q3 Veni collects whilst performing its services. Q3 Veni, whilst providing its services on the Website, shall not be responsible for your access to or your use of such Third-party Information. Depending on the nature of service availed by you on the Website, 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 basis such laws. You hereby represent and warrant that Q3 Veni 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.
1.5. You shall not use the Website and any Content therein for any unlawful purpose. You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
a) belongs to another person and to which you do not have any right to.
b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money
laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
c) is harmful to child.
d) infringes any patent, trademark copyright or other proprietary rights.
e) violates any law for the time being in force.
f) deceives or misleads abouts the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may be reasonably be perceived as a fact.
g) impersonates another person.
h) threatens 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 cognisable offence or prevents investigation of any offence or is insulting other nation.
i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
2. USERNAME AND PASSWORD
2.1. Should you wish to avail any of the services provided by Q3 Veni on the Website, you will be initially provided with test access to the Website in accordance with the terms agreed with Q3 Veni. In order to facilitate this test access, Q3 Veni 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 Q3 Veni to you. In case you wish to avail any or all of the services provided by Q3 Veni on the Website, you will be required to execute an agreement with Q3 Veni for availing such services and will be subsequently shifted to production access with the same Login Credentials.
2.2. 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 without the prior written consent of Q3 Veni.
2.3. Q3 Veni reserves the right to refuse your registration on the Website.
2.4. Q3 Veni 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.
3. USERNAME AND PASSWORD
3.1. “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.
3.2. 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.
3.3. Q3 Veni 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 Q3 Veni. You understand that whilst using the services on the Website, Q3 Veni, 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 Q3 Veni deems fit.
4. PRICING
4.1. Certain features of the Website, including but not limited to data retrieval, shifting to production access, or accessing certain data sets, shall require you to pay a fee in order to use them. The fee payable by you varies depending on the service you choose to avail on the Website. Q3 Veni shall separately provide you with details, including but not limited to payment terms, of each service you choose to avail on the Website. It shall be your responsibility to view and assess details for each such service before proceeding to avail the same on the Website.
4.2. If you choose to purchase any or all of these features available on the Website, the applicable fee payable by you will be as per the agreement that you enter into with Q3 Veni in relation to the same.
4.3. The fee payable is exclusive of Goods and Service Tax, duties, levies, and fees and all other costs and expenses, statutory dues under applicable laws which may change from time to time, or as otherwise stated in the agreement that you may enter into with Q3 Veni. All fees and applicable taxes are payable in Indian Rupees.
4.4. Q3 Veni reserves the right to make any changes in the pricing from time to time.
4.5. Q3 Veni provides no refund on the purchase of the services listed on the Website, except as otherwise stated in the agreement that you may enter into with Q3 Veni.
5. DISCLAIMER
5.1. 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). This content is the sole responsibility of the person that makes it available and Q3 Veni 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, Q3 Veni 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.
5.2. Q3 Veni makes no guarantees with respect to the availability or uptime of any services provided on the Website as they are dependent on third party sources. Q3 Veni 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 Q3 Veni.
5.3. Q3 Veni may change the method of access to the Website at any time. In the event of degradation or instability of Q3 Veni's system or an emergency, Q3 Veni may, in its sole discretion, without any prior notice, temporarily suspend your access to the Website.
5.4. In addition to the disclaimers contained in this Clause 5, for specific disclaimers for each of the services provided by Q3 Veni on the Website, please refer to the Specific Terms.
6. CONFIDENTIALITY
6.1. Q3 Veni has taken adequate measures to protect the security of your personal information, business information and Third-party Information ("Information") and to ensure that your choices for its intended use are honoured. Q3 Veni takes robust precautions to protect the Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
6.2. Q3 Veni 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 Q3 Veni 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. Q3 Veni will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind.
7. INDEMNITY
You agree to indemnify and hold harmless Q3 Veni, 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.
8. LIMITATION OF LIABILITY
8.1. Neither Q3 Veni, nor its employees, directors, agents or representatives, shall 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, unless otherwise stated in the agreement that you may enter into with Q3 Veni.
8.2. At any point of time, Q3 Veni’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 Q3 Veni (a) in the preceding 1 (One) month, or (b) for that particular transaction, whichever is lower.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by, interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Ahmedabad, India. In the event of any dispute arising out of these Terms the same shall be settled by 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 Ahmedabad, India and the language used shall be English.
10. TERMINATION
10.1. Q3 Veni, 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.
10.2. Q3 Veni has the right to terminate your access or usage rights immediately or remove any non-compliant information in case of non-compliance with Policy or these Terms, as the case may be. Q3 Veni shall inform you once every year of the same.
10.3. If you wish to terminate these Terms, you must immediately stop accessing or using the Website at any time and inform Q3 Veni in writing of such termination.
10.4. 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.
11. GRIEVANCE OFFICER
In accordance with the provisions of Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Vishwas Vaishnav
Address: Pipara Corporate House, Nr. Bandhan Bank, Netaji Marg, Law Garden, Ahmedabad - 380006
Cell: +91 99242 73636
Email ID: compliance@qthreeveni.com
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 redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
12. HOW TO CONTACT US
If you have additional questions or concerns about these Terms or want to make any requests or suggestions regarding certain personal information, please contact us at compliance@qthreeveni.com
SECTION B
SPECIFIC TERMS OF SERVICE
1. INTRODUCTION
1.1 You should read the General Terms which governs your general access and use of the Website. Such General Terms including but not limited to Q3 Veni’s privacy policy (“Policy”) are hereby incorporated by reference into these Specific Terms.
1.2 The General Terms read with the Specific Terms and any other agreement that you may enter into with Q3 Veni 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 Q3 Veni. If the Terms are inconsistent with any provision contained in any agreement executed with Q3 Veni, Q3 Veni shall determine, in Q3 Veni’s sole and absolute discretion, which of the provisions shall control any such inconsistency or conflict.
1.3 Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.
2. USE OF SERVICES
2.1. Q3 Veni provides a number of services through the Website, as enumerated in detail below. You, however, agree that Q3 Veni, 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. You agree that the performance of its services under Financial PULSE by Q3 Veni shall be in a manner as Q3 Veni in its sole discretion may deem fit, or may as otherwise indicate.
2.2. Third Party Information
2.2.1 Upon a request to Q3 Veni 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 Q3 Veni, this service provides you with access to Third-party Information sourced by Q3 Veni 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 Q3 Veni under GST/ITR, will depend on the terms of the agreement entered into with Q3 Veni.
Document Upload: The Requested Party will be asked to upload and provide documentation like GST return details, to Q3 Veni, in a manner indicated by Q3 Veni. Thereafter, Q3 Veni 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 Q3 Veni shall not be responsible for any and all damage or loss arising from Requested Party’s failure to comply with these terms.
2.2.2. You will be solely responsible for sharing the GST Login Details, GST OTP Details and/or any other documentation with Q3 Veni 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 Q3 Veni and/or any third party (including the Requested Party) arising out of or in connection with sharing of such details with Q3 Veni.
2.2.3. 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 Q3 Veni (“ITR Login Details”) for the ITR(s) of the Requested Party. You will be solely responsible for sharing the ITR Login Details with Q3 Veni and/or underlying liabilities in case of any loss, damage, costs suffered by Q3 Veni and/or any third party (including the Requested Party) arising out of or in connection with such sharing of the ITR Login Details.
2.2.4. 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 Q3 Veni.
2.2.5. You hereby undertake to store the data/information procured through GST/ITR services provided by Q3 Veni, 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.
2.2.6. You hereby acknowledge and agree that Q3 Veni 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 Q3 Veni, subject to applicable law.
2.3. 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 Q3 Veni. Unless otherwise indicated by Q3 Veni, you further understand and agree that Q3 Veni 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. Q3 Veni shall not be held liable or responsible for your non-compliance with the terms of this Clause 2.
2.4. 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 Q3 Veni. 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, Q3 Veni cannot and does not guarantee the accuracy of the information provided.