Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 (the "Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the www.eformDownloader.com website (the "Website" or “eformDownloader”).

Intellectual Property

All of the content elements displayed and/or downloadable on the Website, including photographic images, graphic images, text, captions, digital files and software (collectively, the "Content"), and all of the features of the Website, including the designs, logos, pages, trade names, trademarks, service marks, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from the Website (together with the Content, collectively, the "Site Elements" is the exclusive property of eformDownloader or its licensors except the data downloaded from MCA website (http://mca.gov.in/ or any other MCA site). You authorize eformdownloader and / or any other associated concern to visit MCA website (http://mca.gov.in/ or any other MCA site) and to make payment on your behalf and share the data with you. eformDownloader and / or any other associated concern neither intends to hold nor holds any data downloaded from the MCA website on your behalf . Such data is not used by eformdownloader or any other associated concern. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein except for the data downloaded from MCA on your behalf. All right, title and interest in and to such Content shall remain the exclusive property of eformDownloader and/or its licensors.
No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. eformDownloader hereby expressly reserves all rights in relation to the Site and Site Elements not expressly granted herein.

Disclaimers and Limitation of Liability

The Website and the Site Elements are provided on an "as is" and "as available" basis. To the fullest extent permitted under applicable law, eformDownloader expressly disclaims all representations and warranties of any kind with respect to the Website, the Site Elements and any other products or services available on or through the Website, whether, express or implied including, but not limited to, any and all warranties:
  1. of merchantability or fitness for a particular purpose;
  2. of non-infringement and title;
  3. that any use of the Website will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions;
  4. that the Website will be secure, or free of viruses, worms or any other harmful components;
  5. that the Website and/or the site elements will satisfy your requirements or expectations; and
  6. that information, data or materials presented or displayed on the website are correct, accurate or reliable.
Under no circumstances shall eformDownloader or its officers, employees, partners, licensors, agents or other representatives, be liable for the damages of any kind, whether direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive, including without limitation, damages for loss of profits, revenue, income, goodwill, use, data, or other intangible losses or damages arising out of or related to your use of the Website or the Site Elements. You assume the entire cost of all necessary servicing or repairs arising from the use of the Website.
Your access to the Website or any Site Element is at your own risk. You shall be solely responsible for any damage to your computer system or loss of data that results from accessing of any Site Elements. eformDownloader shall not be responsible or liable for any damage caused by theft, systems failure, communications line failure or other occurrences beyond the control of eformDownloader.
Although eformDownloader endeavors to ensure the accuracy, completeness and reliability of the Content, eformDownloader disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. eformDownloader also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by the Website and/or any search results.
The Website may from time to time contain links or pointers to Internet sites maintained by the third parties. These links do not imply endorsement by eformDownloader of the products or services offered by such third party Internet sites. eformDownloader does not operate or control in any way any information, products or services on these third-party sites and eformDownloader expressly disclaims any responsibility for such third party sites, which are provided for Your convenience on an "as is" basis without warranties of any kind, express or implied. You hereby waive any and all claims against eformDownloader regarding the inclusion of links to third party Internet sites or the use thereof.

Privacy Policy

The Privacy Policy is hereby incorporated into the Terms of Use and applies to the collection, use, disclosure, retention, protection and accuracy of any information collected for the purposes of the services offered through the Website.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Payments, Cancellation & Refunds

Other than as explicitly set forth in the Terms of Use, all payments are non-refundable. In the event of a successful payment to eformDownloader, followed by incomplete download or compilation due to reasons beyond the control of eformDownloader or otherwise (including but not limited to MCA website or connectivity issues), we may at our sole discretion refund the total of any unpaid amount to MCA (if applicable) and our fees after deducting any charges levied by the payment gateway and applicable statutory taxes.

Indemnification

You hereby agree to indemnify, defend and hold harmless eformDownloader and its officers, employees, owners, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with its access to your use of the Website or any Site Elements in violation or breach or alleged violation or breach of these Terms of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.

Governing Law; Jurisdiction; Disputes

These Terms of Use will be governed and construed in accordance with the laws of the state of Gujarat, India without regard to its choice of law or conflicts of law principles that would require application of the law of a different jurisdiction. You agree to irrecovably submit to the jurisdiction of the courts located in Ahmedabad, Gujarat. You agree not to bring any of action relating to the use of the Website or the interpretation of these Terms of Use in any court in any jurisdiction other than the courts located in Ahmedabad, Gujarat. eformDownloader shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to enforce these Terms of Use. In any dispute between you and eformDownloader where eformDownloader prevails, eformDownloader shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.

No Waiver

The failure of eformDownloader at any time to require performance by you of any provision of these Terms of Use shall in no way affect the right of eformDownloader to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.