Our Customer Terms of Service governs our customers’ use of the IRISGST Product Subscriptions, Mobile Applications, Website, Content and Consulting Services (“Services”). By downloading Content or using the Website or by using the Product or Applications or Services, these terms will automatically apply to you– you should make sure therefore that you read them carefully before using the “Services” offered by IRISGST, a business line of IRIS Business Services Limited.
We update these terms from time to time. If you have an active subscription of any of the Services, we will try to let you know when we update the terms via in-app notification or by email (if you subscribe to receive email updates) or by any other means as available at the time.
Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership.
“Agreement” or “Customer Terms of Service” means these Terms and all materials referred or linked to in here.
“Billing Period” means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Product Subscription for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“Contact” means a single individual (other than a User) whose Contact Information is stored by you in the Product Subscription.
“Contact Information” means the name, email address, phone number, online user name(s), telephone number, GSTIN and similar information submitted by User on the Product Subscription.
“Consulting Services” means the professional services provided to you by us, which may include responses to blog queries, chat queries, training services, installation, integration or other consulting services.
“Free Services” means the Product Subscription or other products or features made available by us to you on an unpaid trial or free basis.
“IRIS BUSINESS SERVICES LIMITED Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate on the website, social media and into the Product Subscription or Consulting Services
“Order” or “Order Form” means the online subscription process by which you agree to subscribe to the Product Subscriptions.
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information
“Sensitive Information” means credit or debit card numbers; financial account numbers or wire instructions; biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.
“Subscription Fee” means the amount you pay for Product Subscriptions.
“Product Subscriptions” means all of our web-based and mobile-based applications, tools and platforms that you have subscribed to or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://IRIS Business Services Limited.com or another designated URL, and any ancillary products and services that we provide to you.
“Services” means any platform offered by IRIS BUSINESS SERVICES LIMITED like website, content, Product Subscriptions, Mobile Applications, Consulting Services, Knowledge transfers etc
“Subscription Term” means the initial term of your subscription to the applicable Product Subscription, as specified on your Order, and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Product Subscription. These products and services include non-IRIS BUSINESS SERVICES LIMITED apps and links made available through the Product Subscription.
“Third-Party Sites” means third-party websites linked to from within the Product Subscription, including Communications Services.
“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Product Subscription for your benefit and have unique user identifications and passwords for the Product Subscription.
“IRIS BUSINESS SERVICES LIMITED”, “IRIS”, “we”, “us” or “our” means the applicable business line of IRIS Business Services Limited.
“You”, “your” or “Customer” means the person or entity using the Product Subscription or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.
2.Terms for Use
During the Subscription Term, we will provide you and your Users access to use the Product Subscriptions as described in this Agreement and/or the applicable Order. You must ensure that all access, use and receipt by your Users are subject to and in compliance with this Agreement. We may also provide your Users access to use our Free Services at any time by activating them in your IRIS BUSINESS SERVICES LIMITED account. We might provide some or all elements of the Product Subscriptions through third party service providers. You may provide access and use of the Product Subscription to your Users or allow them to receive the Services purchased; provided that, all such access, use and receipt by your Users is subject to and in compliance with the Agreement.
2.2 Additional Features
You may subscribe to additional features of the Product Subscription by placing an additional Order. This Agreement will apply to all additional Order(s) and all additional features that you activate from within your account.
2.3 User Eligibility
The Services are provided by “IRIS BUSINESS SERVICES LIMITED” which means IRIS BUSINESS SERVICES LIMITED, business line of IRIS Business Services Limited and all group companies (including parent company & subsidiaries, including those which may get created in future). The use of the Services is available only to entities and persons over the age of majority and who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Services.
2.4 Prohibited and Unauthorized Use
You may not use the Services if you are legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
2.5 Free Trial
If you register for a free trial, we will make the applicable Product Subscription available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Product Subscription before the end of the free trial, all of your data in the Product Subscription may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well.
You will notify us promptly of any unauthorized use of your Users’ identifications and passwords or your account
3.1 Subscription Fees
The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you exceed your Maximum Contacts, Email Send Limit, User or other applicable limits (see the ‘Limits’ section above), (ii) you upgrade products or base packages, (iii) you subscribe to additional features or products, including additional Contacts, or (iv) otherwise agreed to in your Order. We may also choose to decrease your fees upon written notice to you. You can find all the information about how your fees may be otherwise adjusted in Product Specific Terms.
3.2 Fee Adjustments at Renewal
Upon renewal, we may increase your fees up to our then-current list price. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term.
3.3 Payment by credit card
If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
3.3.1 Payment against invoice
If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.
3.3.2 Payment Information
You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your IRIS BUSINESS SERVICES LIMITED account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Services. You shall have no liability for any taxes based upon our gross revenues or net income.
3.3.4 Withholding Tax
If you are required to deduct or withhold tax from payment of your IRIS BUSINESS SERVICES LIMITED invoice, you may deduct this amount from the applicable Subscription Fee due to the extent it is due and payable as assessed withholding tax required under laws that apply to you (the “Deduction Amount”).
You will not be required to repay the Deduction Amount to us, provided that you present us with a valid tax receipt verifying payment of the Deduction Amount to the relevant tax authority within ninety (90) days from the date of the invoice. If you do not provide this tax receipt within the specified time period, then all fees, inclusive of the Deduction Amount, will be immediately due and payable, and failure to pay these fees may result in your account being suspended or terminated for non-payment.
4. Term and Termination
4.1 Term and Renewal
Your initial subscription term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription term, or one year.
4.2 Notice of Non-Renewal
Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. The deadline for sending this notice varies depending on the IRIS BUSINESS SERVICES LIMITED product and version you have subscribed to.
If you decide not to renew, you may send the non-renewal notice to us.
4.2.1 Early Cancellation
You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term. Read here to know more about Refunds and Cancellation of IRIS LookUp
4.2.2 Termination for Cause
Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
5. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Services and its contents are the sole property of IRIS BUSINESS SERVICES LIMITED, business line of IRIS Business Services Limited. The Content is protected by copyright and other laws in India. Elements of the Web Site or Application are also protected by trade secret, unfair competition, and other laws and shall not be copied or imitated in whole or in part.
6. Restrictions on Use of the Services
- You shall not disguise the origin of information transmitted through any of the Services.
- You will not place false or misleading information on the Web Site or Application or any other Services.
- You will not use or access any service or information available via theServices in a manner not expressly permitted by IRIS BUSINESS SERVICES LIMITED.
- You will not input or upload any information which contains viruses, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system that infringes the Intellectual Property rights of another.
- Certain areas of the Web Site or Application are restricted to customers of IRIS BUSINESS SERVICES LIMITED
- You shall not use or access the Web Site or Application in any way that, in IRIS BUSINESS SERVICES LIMITED’s judgment, adversely affects the performance or function of the IRIS BUSINESS SERVICES LIMITED Systems, Services or the Web Site or Application.
- You shall not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of IRIS BUSINESS SERVICES LIMITED
7. Limitation of Liability
This Website/Application is not affiliated to Government of India. It is a connecting platform allowing users to interact with the government system / databases in an easier manner. In No Event Shall IRIS BUSINESS SERVICES LIMITED, Its Affiliates, Its Licensors, Its Suppliers or any Third Parties mentioned at the Web Site or Application be liable for any Financial, Incidental, Indirect, Exemplary, Punitive and Consequential Damages, Lost Profits, Lost Reputation, Lost Goodwill or Damages Resulting from Lost Data or Business Interruption resulting from the use of or inability to use or incorrect utilization of the Services. Any ambiguous language in this terms and conditions shall be interpreted according to its fair meaning and shall not be construed for or against any party.
Further, you expressly understand and agree that IRIS BUSINESS SERVICES LIMITED, Its Affiliates, Its Licensors, Its Suppliers or any Third Parties mentioned at the Services shall not be liable to you for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- Any changes which IRIS BUSINESS SERVICES LIMITED may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- Your failure to provide IRIS BUSINESS SERVICES LIMITED with accurate account information;
- Your failure to keep your password or account details secure and confidential;
- The limitations on IRIS BUSINESS SERVICES LIMITED’s liability to you shall apply whether or not IRIS BUSINESS SERVICES LIMITED has been advised of or should have been aware of the possibility of any such losses arising.
You expressly understand and agree that your use of the Services is at your sole risk and that the services are provided “as is” and “as available”. In particular, IRIS BUSINESS SERVICES LIMITED, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- Your use of the Services will meet your requirements,
- Your use of the services will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
- Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from IRIS BUSINESS SERVICES LIMITED or through or from the Services shall create any warranty not expressly stated in the terms. IRIS BUSINESS SERVICES LIMITED further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
You agree to defend, indemnify and hold harmless IRIS BUSINESS SERVICES LIMITED and its respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of your breach of any of these terms and conditions, and any of your activities conducted in connection with theses Services
To the fullest extent permitted by Law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Services shall be instituted in courts of Mumbai.
12. Complete Agreement
Product Specific Terms
1. IRIS Peridot
- You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to IRIS Business Services Limited.
- IRIS Business Services Limited is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
- IRIS Peridot app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Peridot app won’t work properly or at all.
- The app does use third party services that declare their own Terms and Conditions. Link to Terms and Conditions of third party service providers used by the app
- Google Play Services
- Google Analytics for Firebase
- Firebase Crashlytics
- You should be aware that there are certain things that IRIS Business Services Limited will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but IRIS Business Services Limited cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
- If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
- Along the same lines, IRIS Business Services Limited cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, IRIS Business Services Limited cannot accept responsibility.
- With respect to IRIS Business Services Limited’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. IRIS Business Services Limited accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
- At some point, we may wish to update the app. The app is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. IRIS Business Services Limited does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
1.2 Permitted User
You are not permitted to use this app other than for data viewing and sharing for private consumption and non-commercial purposes. The use of automated systems or software to extract data from this app is strictly prohibited.
1.3 IRIS Peridot – Free Trial
- After the end of the trial period, user will need to subscribe to a plan to continue usage of compliance-related features of IRIS Peridot. The reports and data fetched can still be viewed however no refresh or new data can be fetched if the user does not activate any plan after the trial.
- During the trial run, the scope of data fetch will not include large data sets. Large data set for GSTR 1 and 2A is defined as more than 10,000 invoices. Only Regular taxpayers are covered in trial.
- IRIS Peridot will provide the details of data being fetched. Only after user consent, the data will be fetched from GST system
- User can add any GSTIN registered as Regular, however, to get the GST Returns data; authentication with GST system is required.
- For setting-up GST session, an OTP authentication with GST system needed. GST system sends the OTP to the mobile number of the authorized signatory. In the event, the user is not a registered authorized signatory but has obtained the OTP from the authorised signatory, it will be assumed as the user has obtained due consent from the authorized signatory. IRIS is not liable to the user or the authorized signatory, for any loss or misuse of data.
- To prepare the reports, data will be fetched for GSTR 1, GSTR 2A, GSTR 2B and GSTR 3B. In case of GST returns filed for latest 6 months is considered. For computing 6 months, in case of GSTR 1 and 3B, last filed return is considered, while for GSTR 2B, the date of GSTR 2B generation.
- Insights and reports are prepared using the data available and based on certain assumptions and report logic is proprietary. IRIS is not liable to the user for any loss due to the interpretation or usage of reports. Read more about reports that are provided in trial run.
- IRIS reserves the right to modify the trial period and its scope.
1.4 Delete your account
Should you wish to discontinue your account with IRIS Peridot, please send the request to email@example.com. Your account as well as all your associated data shall be removed.
1.5 Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These terms and conditions are effective as of 01-Oct-2020
1.6 Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at firstname.lastname@example.org