H&R Block® Online Services Agreement
This Online Services Agreement (the “Agreement”) is a legally binding contract between you and H&R Block (India) Private Limited (“H&R Block”).
This Agreement governs your use of any of the following:
(1) The H&R Block do-it-yourself tax software for FY 2015-2016 (the “Software”);
(2) Online Assisted Service as described in Section 4 below (“Online Assisted Service”);
(3) Automatic Importing of Tax Information as described in Section 5 below; and
(4) Any other related H&R Block tax program service or other service that you select, pay for or use in connection with H&R Block’s tax preparation products and services, or other related services provided by H&R Block.
For purposes of this Agreement, “Products and Services” means the items listed in (1)-(4) above collectively, individually, or any combination thereof. The Products and Services may be provided by H&R Block and additional terms and conditions may apply to some Products and Services. If so, they will be provided to you at the time you elect to use the Product or Service. Be sure that you carefully read and fully understand this Agreement.
You agree that this agreement is enforceable like any written negotiated agreement signed by you. H&R Block is willing to license and provide access to the products and services to you only on the condition that you accept all of the terms of this agreement. You acknowledge that you have read all of the terms and conditions of this agreement, understand them and agree to be legally bound by them. By clicking your acceptance of this agreement or by accessing, copying or otherwise using any part of the products and services, you consent to the terms and conditions of this agreement. If you do not consent to the terms and conditions of this agreement, do not access, download or use any part of the products and services.
1. License and Permitted Use.
you are under the age of 18, you may not use the Products or Services. Subject to the terms and conditions of this Agreement and the payment of all applicable fees, H&R Block grants to you a limited, non-exclusive, personal, non-transferable right to use and access the Products and Services to prepare and electronically file (“e-file”) your tax return(s) (the “License”). You understand that use of the Products and Services to e-file your tax returns, to submit your Form 16 or 16(A), and to prepare, provide information and submit business tax returns may require payment of an additional fee. This License grants access to and use of the Products and Services only in the manner set forth in this Agreement and in accordance with the type of Products and Services for which you have paid all applicable fees. You may only use the Products and Services through H&R Block’s online computer service available at https://www.hrblock.in/ or an approved third-party website as H&R Block may direct. Terms and conditions for use of website of H&R Block shall also be made applicable for accessing, using website of H&R Block and if there is any conflict or inconsistency found between these two, terms and conditions of this Agreement shall prevail as regard to the subject matter of this Agreement. You may not use the Products and Services in connection with providing tax advice or to provide any other services to any other party. You agree that prior to filing your tax returns you shall have sole responsibility and liability for reviewing all of your Form(s) 16 or 16(A) or other information that affects your tax situation for accuracy and completeness and for otherwise verifying any results derived from using the Products and Services. If You intend to use and access Products and Services for other(s), then, in such event, You will use and access Products and Services only upon having such authority to file tax returns for other(s).
You will not, directly or indirectly:
(1)re-distribute, sell, rent, loan, or otherwise transfer the Products and Services or any rights in or to the Products and Services to any other person or entity;
(2)use the Products and Services in any manner other than its intended manner or for the benefit of any third parties, including by making the Products and Services available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, or to perform services for third parties where the Products and Services enable, facilitate or comprise part of such service(s), or by using or accessing the Products and Services to prepare documents for any other person, and you agree to indemnify, defend and hold harmless H&R Block and its Affiliates against any losses, liabilities, claims, settlements, costs or expenses, including reasonable lawyers’ fees and enforcement costs, arising out of or relating to any such use or access;
(3)duplicate the Products and Services by any means, including electronically;
(4)remove any proprietary notice, labels, or marks on or in the Products and Services;
(5)derive or attempt to derive any source code for the Products and Services; or
(6) disable or circumvent any access control or related device, process or procedure established with respect to the Products and Services. You are responsible for all use of the Products and Services and for compliance with this Agreement and any breach by you or any user of the Products and Services provided to you shall be your responsibility. H&R Block reserves all rights not expressly granted to you.
3. Intellectual Property Rights.
H&R Block, its Affiliates or its licensors, as applicable, are lawful owners of the Products and Services which are protected under Intellectual Property Laws in India including trademark and copyright law and international treaty provisions. Title to the Products and Services and all associated intellectual property rights are owned and shall be retained exclusively by H&R Block and its Affiliates and licensors, as applicable. Through your use of the Products and Services, you acquire no ownership interest in the Products and Services or any derivative work or component of the Products and Services. No right, title or interest in or to any trademark, service mark, logo or trade name of H&R Block or its Affiliates or their licensors is granted to you under this Agreement. You may not decompile, disassemble, modify or reverse engineer the Products and Services, or seek to derive the source code from any executable object code provided to you, or modify, translate, or otherwise create derivative works based on the Products and Services or any part thereof. H&R Block and its Affiliates are the exclusive owners of the copyright for the Products and Services and H&R Block reserves all rights related to such ownership, including the exclusive right to make derivative works of the Products and Services and to duplicate, distribute, license and sell the Products and Services. You acknowledge and agree that the Products and Services, any enhancements, corrections, upgrades or modifications to the Products and Services (regardless of whether made by H&R Block, its Affiliates, its licensors, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Products and Services (or any enhancements, corrections, upgrades or modifications) are and shall remain the exclusive property of H&R Block, its Affiliates or its licensors, as applicable.
Privacy. Your use of the Products and Services is subject to H&R Block’s privacy notice, made available to you in full at: https://www.hrblock.in/privacy-policy/ (“Privacy Notice”). H&R Block reserves the right to change the Privacy Notice and any of the policies described in the Privacy Notice at any time, consistent with applicable law. If H&R Block makes a material change to the Privacy Notice, H&R Block will notify you by using one of the following methods:
(1) H&R Block will post a notice on our web site describing the change; or
(2) H&R Block will send you an electronic mail notifying you of the change. Through your use of the Products and Services, you may be required or requested to supply certain information used to prepare your tax return (“Tax Information”), and other personal information. If you use the automatic importing of tax information feature (described in Section 5[ below) in connection with the Products and Services to import selected Tax Information from financial institutions or financial software, you are responsible for verifying the accuracy of such imported Tax Information. If you e-file your tax return, H&R Block will collect and transmit your Tax Information to the Income Tax Department (“ITD”) in the required electronic format. H&R Block will retain an electronic copy of your Tax Information and other collected personal information, including e-filing details and status, to the extent required or permitted by law.
4. Electronic Filing.
You understand and agree that e-filing may not be available in some circumstances. You further understand and agree that H&R Block cannot and does not guarantee the performance of the Internet or any third party or third party system or that once transmitted, the ITD will receive, accept or process your tax return (e.g., due to failures of the Internet or any computer systems or networks, due to you entering incorrect contact or identifying information, or any other reason beyond H&R Block’s control). If an H&R Block tax professional does not file your tax return (e.g., through Online Assisted), H&R Block’s sole responsibility with respect to e-filing your tax returns is limited to using commercially reasonable efforts to transmit your tax returns electronically to the ITD if you select and qualify for e-filing and pay all applicable e-filing fees. You are solely responsible for verifying that your tax returns have been filed and received by the ITD and for taking appropriate alternative actions if necessary. You understand it is your responsibility to print and retain a copy of your tax returns for your records.
Online Assisted Service. H&R Block may offer, and you may select and pay for, supplemental tax return preparation services such as tax return review, tax advice or related services in connection with your use of H&R Block’s Online Assisted Service. If you select and avail the Online Assisted Service, H&R Block will, as directed by you, provide tax advice, , prepare your tax return using information you have provided and e-file your tax return with the ITD. H&R Block agrees to use commercially reasonable efforts to provide the Online Assisted Service you have opted to avail of, provided that you provide any information, tax forms (all documents reflecting Income Tax withholdings, such as Form 16 or 16(A) that must be provided), records or documentation requested by H&R Block and review information provided or prepared by H&R Block in a timely manner and reasonably in advance of any applicable tax filing deadlines. H&R Block reserves the right to refuse to provide the Online Assisted Service to any person or to charge an additional hourly service fee for manual data entry or other services or tax schedules.
5. Automatic Importing of Tax Information.
H&R Block’s Products and Services may include functionality that will allow you to electronically import certain Tax Information (e.g. Form 16) directly into the Software. H&R Block does not represent or guarantee that such automatic importing of certain Tax Information will be available or accurate. While the imported Tax Information may be used in connection with the preparation and filing of your tax returns, H&R Block is not responsible for verifying the accuracy of your Tax Information (whether imported or not) and you understand that it is solely your responsibility to review and confirm the accuracy of your Tax Information prior to filing your tax return.
6. Accurate Calculations Guarantee.
Subject to the conditions below, H&R Block agrees to reimburse you, after you pay the ITD, for the amount of the penalty and interest paid by you in connection with a FY 2014-15 tax return that you would otherwise not have been required to pay, up to a maximum of the amount of fees paid to H&R Block, provided that the penalty and interest were incurred solely and directly as a result of:
(1) an arithmetic error made by the Software; or
(2) incorrect advice provided to you in connection with the Online Assisted Service. H&R Block will only reimburse you for penalties and interest you actually pay to the ITD. If you did not pay for the Software or Online Assisted Service this Section does not apply to you.
In order to qualify for the reimbursement under this Section, all of the following conditions must be met:
(1) the penalty and interest is for your FY 2014-15 tax return;
(2) the penalty or interest did not result, in whole or in part, from an incorrect entry of data by you or any third party or data incorrectly imported into the Software from a financial institution or other software (including through automatic importing of tax information), your failure to follow Software instructions, your failure to correct and resolve errors identified by the Software, a claim for an improper or unsupportable deduction, a failure to report income, your failure to provide all necessary information to H&R Block, an incorrect interpretation of the law by you or any other reason outside the control of H&R Block;
(3) you notified H&R Block at H&R Block (India) Private Limited, 3rd Floor, Anand Square, Survey No. 232, H. No. 1+2,Sakore Nagar, Viman Nagar,Pune – 411014, Attn: Managing Director, as soon as you learned of the error and in no event later than thirty (30) days after the penalty or interest was assessed or you received a notice from the ITD regarding your tax return, whichever is earlier, and you sent H&R Block complete documentation of the penalty and interest, including all correspondence to and from the ITD, a copy of your tax returns as filed with the ITD (in paper and electronic format readable by the Software), proof that you paid the penalty and interest and any other relevant information H&R Block reasonably requests;
(4) you took any action reasonably requested by H&R Block, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing;
(5) the penalty and interest was for a return filed on or before July 31, 2015 or any later filing deadline extension published by the ITD;
(6) you have complied with all terms and conditions of this Agreement, including the license restrictions, and you have not intentionally provided any false information in connection with your account registration or tax return;
(7) you paid the applicable fees, if any, to H&R Block for license of the Software and any applicable Products and Services, as applicable, at the time of the filing of your tax return;
(8) the penalty or interest must not be based upon incorrect advice you receive from H&R Block that you knew was incorrect at the time you filed your return; and
(9) your tax return was prepared using the FY 2014-15 tax year version of the Software in accordance with this Agreement and the operating instructions.
In no event will H&R Block reimburse you for more than an aggregate of the fees paid by you in interest and penalties owed to the ITD based upon all tax returns you filed for the FY 2014-15 tax year using the Software. This section states H&R Block’s entire obligation and liability, and your sole and exclusive remedy, for any errors in your return caused by the products and services or H&R Block. The monetary remedies available under this Section shall not be available if you request a refund for any Software pursuant to Section 7 below, of this Agreement. The rights and benefits afforded by this Section are personal to the original licensee of the Software and may not be assigned or otherwise transferred to any other party.
7. Maximum Refund Guarantee.
If you find another do-it-yourself tax software preparation method that results in a larger refund (or smaller tax liability) than that calculated by the Software for your personal or business tax returns, H&R Block will refund the purchase price of the Software and you may file an amended return using our tax software program at no additional cost. To qualify, the smaller tax liability must not be due to differences in data supplied by you, your choice not to claim a deduction or credit, or positions taken on your return that are contrary to law or the ITD’s regulations. To make a claim, mail a copy of the tax return created by the Software as well as the tax return prepared by the alternative tax software preparation method (and any other relevant information reasonably requested by H&R Block) to ATTN: Managing Director, H&R Block (India) Private Limited, 3rd Floor, Anand Square, Survey No. 232, H. No. 1+2,Sakore Nagar, Viman Nagar,Pune – 411014, within the same Financial Year in which your tax return was prepared and filed. Returns prepared by any other H&R Block-branded tax preparation solution are not qualifying alternative tax preparation methods. This Section does not apply to supplemental products or services you may have obtained as a result of, or through, your use of the Software. The rights and benefits afforded by this Section are personal to the original licensee of the Software and may not be assigned or otherwise transferred to any other party.
H&R Block will use commercially reasonable efforts to make the Software (or a comparable replacement program) available until March 31, 2016, subject to maintenance, testing and other limitations described in this Agreement.
9. Disclaimer of Warranties.
Other than those express warranties set forth in this agreement, H&R Block makes no warranties, express or implied, regarding the products and services. Without limiting the preceding sentence and to the maximum extent permitted by applicable law, you agree that any implied warranties such as the implied warranties of non-infringement, merchantability and fitness for a particular purpose are excluded from your license and use of the products and services. H&R Block does not warrant or promise that the products and services will identify the appropriate documents for your needs or that the products and services are free from bugs or errors; nor does H&R Block make any other promises about the performance, accuracy, or reliability of the products and services or their ability to meet your requirements. Ile H&R Block is providing the products and services as a general tool to assist you in preparing and filing your tax returns and other functions, the products and services do not replace your obligation to exercise your independent judgment in using the products and services. You are solely responsible for correctly inputting your information into the products and services and for verifying all outputs resulting from your use of the products and services. H&R Block and its affiliates and franchisees do not warrant any particular results that you may obtain in using the products and services.
You acknowledge that H&R Block and its respective licensors do not practice law nor are they providing or rendering any such legal or other professional services to you with regard to the products and services. You acknowledge and agree that your use of the products and services are not substitutes for the advice of an advocate or other competent professional. You further acknowledge and agree that laws vary and change over time and that the final documents, forms and letters should be reviewed by an advocate or other competent professional before use.
10. Limitations on Liability and Damages.
Except as expressly permitted by sections 8 and 9, your exclusive remedy and the entire liability of H&R Block and its licensors with respect to your use of the products and services shall be limited to the amount paid by you to H&R Block for the products and services. In case you have availed the product or service for free, then the maximum total liability of H&R Block shall be restricted to inr 100. In no event will H&R Block or its licensors be liable to you, regardless of the form of action, whether in contract or in tort, including negligence, for any tax liabilities or any indirect, special, incidental, or consequential damages including, but not limited to, lost data, lost profits or business, loss of use, or for any claim or demand against you by any other party, even if H&R Block or its licensors have been advised of the possibility of such damages.
You agree that H&R Block and its licensors will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may have as a result of:
(1) your use of, or inability to use, the Products and Services;
(2) your use of any documents generated by the Products and Services;
(3) your retention of, or your failure to consult or retain, an attorney or other competent professional with respect to any contract, document or legal matter;
(4) connection or toll charges for using the Products and Services or obtaining updates for the Products and Services; or
(5) any fees, costs or expenses arising out of troubleshooting or technical support for the Products and Services.
You agree that the essential purposes of this Agreement can be fulfilled even with these limitations on liabilities. You acknowledge that H&R Block would not be able to offer the Products and Services on an economical basis without these limitations.
11. Consent to Electronic Communications.
This consent to electronic communications provides
(1) important information required by the Information Technology Act 2000 and
(2) your consent to electronic delivery of all Required Disclosures relating to your use of the Products and Services. As used in this Agreement, “Required Disclosures” means all notices, disclosures, communications, or other information required by law relating to your use of the Products and Services.
Scope of Consent
Your consent to receive Required Disclosures electronically applies to all Required Disclosures relating to your use of the Products and Services or your relationship with H&R Block.
Hardware and Software Requirements
In order to access, view, and retain Required Disclosures, you must have the following:
• A personal computer or other device with access to the Internet which supports any of the browsers mentioned below;
• An email account and related software for creating and accessing an email with H&R Block;
• Software which permits you to receive, access and view Portable Document Format or “PDF” files, such as Adobe® Acrobat Reader® version 8.0 and above.
Method of Delivery
H&R Block may provide Required Disclosures to you: (1) via e-mail at the e-mail address you designated to H&R Block (if any); (2) by access to the H&R Block website that will generally be designated in advance for such purpose or designated in an e-mail notice to you; or (3) in the course of your use of the Products and Services including, without limitation, via a screen or page within the Products and Services or via a link from within the Products and Services to a web page containing the Required Disclosures.
Obtaining Paper Copies
You have the right to receive a paper copy of Required Disclosures. You may request a paper copy of Required Disclosures received pursuant to the foregoing consent to electronic communications. H&R Block must receive your paper copy request within one hundred twenty (120) days from the date that H&R Block first provided the Required Disclosure to you. A three hundred rupees (INR 300) charge will apply to each paper copy of the Required Disclosure requested by you. To request a paper copy of a Required Disclosure, send your request and fee to H&R Block (India) Private Limited,3rd Floor, Anand Square, Survey No. 232, H. No. 1+2,Sakore Nagar, Viman Nagar,Pune – 411014, Attn: Managing Director.
Withdrawing Consent/Updating Information
If you want to withdraw your consent to receive Required Disclosures electronically or your e-mail address changes, you must notify H&R Block in writing at the following address: H&R Block (India) Private Limited, 3rd Floor, Anand Square, Survey No. 232, H. No. 1+2,Sakore Nagar, Viman Nagar,Pune – 411014, Attn: Managing Director. Please provide your physical address and e-mail address to request the change. If you fail to notify H&R Block of a change in e-mail address, you understand and agree that any communications sent via e-mail shall nevertheless be deemed to have been provided or made available to you in electronic form. If you choose to withdraw your consent to receive Required Disclosures electronically, then you may be unable to access certain features or functionality that would otherwise be made available to you, or H&R Block may terminate your License to use the Products and Services. Some notices may be “one-time” notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.
All Required Disclosures Are “In Writing”
All Required Disclosures electronic format from H&R Block to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Required Disclosure that is important to you.
You agree and consent to the electronic delivery of Required Disclosures. You also agree that H&R Block does not need to provide you with an additional paper (non-electronic) copy of the Required Disclosures unless specifically requested as described above.
You agree to take reasonable security precautions to protect any passwords and user IDs associated with your use of the Products and Services. These precautions shall be at least as great as the precautions that you take to protect your own computer equipment, software and online financial accounts, but in no event less reasonable and prudent care. You will notify H&R Block immediately of any unauthorized use of your user ID/name, your password or the Products and Services or any other security breach of which you are aware. It is your sole responsibility to keep your account number, ID/user name, password and other sensitive information confidential. You understand and agree that you are solely responsible for all computer password, data, file and network security, including but not limited to an active firewall on your computer or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Products and Services.
13. DISPUTE RESOLUTION.
The parties agree that the exclusive jurisdiction of any dispute arising out of or relating to this Agreement, or any dispute arising out of or relating to the Products and Services provided in connection therewith, shall belong to the courts located in Pune, India.
You agree to defend and hold harmless H&R Block and its respective current and former successors, assigns, officers, directors, representatives, employees and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys’ fees and expenses) resulting from or arising out of your breach of this Agreement.
Without prejudice to any other rights, H&R Block may immediately terminate this Agreement if you do not abide by its terms and conditions, in which case you must immediately cease use and access to the Products and Services and destroy all copies of the Products and Services and certify in writing to H&R Block your compliance with this Section.
(A)Governing Law.This Agreement shall be governed by the laws of India, without regard to choice of law or conflicts of law provisions.
(B)Entire Agreement. This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof, and it supersedes all previous communications, representations or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of H&R Block, which are not included in this Agreement, shall be binding on H&R Block.
(C)Amendments. H&R Block may, in its sole discretion, change the terms of this Agreement or make changes related to any aspect of the Products and Services. If this occurs, H&R Block will provide notice to you via any means H&R Block deems reasonable including, without limitation, e-mail, posting on an H&R Block website, or updates to the Products and Services. Continued use of the Products and Services after H&R Block provides any such notice shall constitute your acceptance of the changes and the Agreement (as amended).
(D)Waiver. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of H&R Block. H&R Block’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
(E)Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
(F) Notices. Except as otherwise indicated, any notices under this Agreement to H&R Block must be personally delivered or sent by certified or registered mail, return receipt requested to H&R Block (India) Private Limited,3rd Floor, Anand Square, Survey No. 232, H. No. 1+2,Sakore Nagar, Viman Nagar,Pune – 411014, Attn: Managing Director, or to such other address as H&R Block may specify in writing. Such notices will be effective upon receipt, which may be shown by confirmation of delivery.
(G)Miscellaneous. Any and all references in this Agreement to H&R Block will, where the context so permits, include H&R Block’s and its respective directors, officers, employees, contractors and agents. All provisions of this Agreement which are intended to survive or which must survive in order to give effect to its meaning will survive the termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.
(H)Third Party Beneficiaries; Assignment. This Agreement is solely between you and H&R Block. H&R Block’s respective licensors, and suppliers will be deemed to be third party beneficiaries of this Agreement solely to the extent necessary for them to enforce any protections afforded them by this Agreement. All rights and benefits of this Agreement from H&R Block are intended solely for the original purchaser of the Products and Services. You may not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. H&R Block may assign this Agreement in its sole discretion and will use reasonable efforts to notify you of an assignment. The remedies and all other rights and benefits provided under this Agreement are personal to the original purchaser of the Products and Services from H&R Block or from its authorized reseller and such rights and benefits may not be assigned or otherwise transferred to any other party. This Agreement shall inure to the benefit of H&R Block and its respective permitted successors and assigns.
(I)Taxation. The taxability of the Products and Services will be determined and governed by the purchase agreement or invoice for the specific Products and Services used or paid for.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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