Terms and Conditions
Welcome to esarwa.com. This website is owned and operated by Myrah Consulting Services Private Limited. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
1. RESPONSIBLE USE AND CONDUCT
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Contains any type of unauthorized or unsolicited advertising;
Impersonates any person or entity, including any www.indiafilings.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.esarwa.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
You agree to indemnify and hold harmless Esarwa.com a digital property of Myrah Consulting Services Private Limited and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
2. PRIVACY
Your privacy is most important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
3. LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
4. LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.esarwa.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
5. COPYRIGHTS / TRADEMARKS
All content and materials available on www.esarwa.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Esarwa, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Myrah Consulting Services Private Limited.
6. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
7. GOVERNING LAW
This website is controlled by Esarwa from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Mumbai, India by accessing our website, you agree that the statutes and laws of Mumbai, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Mumbai, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
8. CANCELLATION AND REFUND
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by Myrah Consulting Services Private Limited.
9. GUARANTEE
Unless otherwise expressed, www.esarwa.com 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.
10. CONTACT INFORMATION
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: Esarwa
MYRAH CONSULTING SERVICES PRIVATE LIMITED
Unit no.115, Shree Laxmi Plaza Co-op Soc. Ltd., New Link Road, Andheri West, Mumbai – 400 053.
Phone : 022 49692444/3444/5444/6444
Change to Refund & Cancellation Policy
At Esarwa, we take pride in the services delivered by us and guarantee your satisfaction with our services and support. We constantly improve and strive to deliver the best accounting, financial or secretarial services through the internet. However, in case you are not satisfied with our services, please contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future Esarwa orders.
Refund Policy
When a payment of fee is made to Esarwa, the fees paid in advance is retained by Esarwa in a client account. Esarwa will earn the fees upon working on a client's matter. During an engagement, Esarwa earns fee at different rates and different times depending on the completion of various milestones (e.g. providing client portal access, assigning relationship manager, obtaining DIN, Filing of forms, etc.,). Refund cannot be provided for earned fee because resources and man hours spent on delivering the service are non-returnable in nature. Further, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. Under any circumstance, Esarwa shall be liable to refund only upto the fee paid by the client.
Change of Service
If you want to change the service you ordered for a different one, you must request this change of service within 60 days of purchase. The purchase price of the original service, less any earned fee and money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your Esarwa account. You can use the balance credit for any other Esarwa service.
Standard Pricing
Esarwa has a standard pricing policy wherein no additional service fee is requested under any circumstance. However, the standard pricing policy is not applicable for an increase in the total fee paid by the client to Esarwa due to increase in government fee or fee incurred by the client for completion of legal documentation or re-filing of forms with the government due to rejection or resubmission. Esarwa is not responsible or liable for any other cost incurred by the client related to the completion of the service.
Factors Outside our Control
We cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of Esarwa service. In some cases, a government backlog or problems with the government platforms (e.g. MCA website, Income Tax website, FSSAI website) can lead to long delays before your process is complete. Similarly, Esarwa does not guarantee the results or outcomes of the services rendered by our Associates on Nearest. Expert platform, who are not employed by Esarwa. Problems like these are beyond our control and are not covered by this guarantee or eligible for refund. Hence, delay in processing of your file by the Government cannot be a reason for refund.
Force Majeure
Esarwa shall not be considered in breach of its Satisfaction Guarantee policy or default under any terms of service, and shall not be liable to the Client for any cessation, interruption, or delay in the performance of its obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event").
Cancellation Fee
Since we're incurring costs and dedicating time, manpower, technology resources and effort to your service or document preparation, our guarantee only covers satisfaction issues caused by Esarwa - not changes to your situation or your state of mind. In case you require us to hold the processing of a service, we will hold the fee paid on your account until you are ready to commence the service.
Before processing any refund, we reserve the right to make best effort to complete the service. In case, you are not satisfied with the service, a cancellation fee of 20% + earned fee + fee paid to government would be applicable. In case of change of service, the cancellation fee would not be applicable.