Terms of Use

Terms of Use

1. Accepting the Terms


Welcome to Ask Your Birbal ( https://askyourbirbal.com/ask-a-question/ask-your-birbal ). Ask Your Birbal (‘Birbal) is a product of Ask Your Birbal (called AYB from here onwards). The terms Birbal and AYB can be used interchangeably in the following Terms and Conditions ("User Agreement") as and when required. AYB provides services to you ("You") subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing and using Birbal, you accept and agree to be bound by the terms and provision of the User Agreement. The decision of AYB as to interpretation of these Terms and Conditions shall be final and binding on the user. In addition, when using particular AYB owned or operated services, you and AYB shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the User Agreement. AYB may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.

2. DESCRIPTION OF BIRBAL


Birbal provides you with a forum to interact with chartered accountants and other professionals/ experts who have registered on this website. You understand and agree that information provided on Birbal is for informational purpose only, and does not constitute advice/ tax advice. "Tax advice" is the application and interpretation of law to an individual's specific circumstances, and is expressly prohibited on Birbal. You understand and agree that you will not rely on the information presented on Birbal for your specific situation, and that you will seek tax counsel for your own situation. You understand that AYB may not verify licences of chartered accountants and other professionals/ experts who have registered on Birbal to provide tax information to users, and that it is your sole responsibility to verify a chartered accountant's/ professionals’/ experts’ licence/credentials before making a decision to hire such a chartered accountant or other professional/ expert. You understand that Birbal is not an advertising service for chartered accountants/ professionals’/ experts’, and that the chartered accountant/ professionals’/ experts’ listings on Birbal do not constitute a referral or endorsement by AYB.
You understand and agree that Birbal may include certain communications such as service announcements, administrative messages, newsletters, and that these communications are considered part of Birbal membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Birbal services, including the release of new Birbal properties, shall be subject to the User Agreement. You understand and agree that Birbal is provided "AS IS" and that AYB assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to Birbal, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Birbal.
You understand that the technical processing and transmission of Birbal, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. YOUR REGISTRATION OBLIGATIONS


In consideration of your use of Birbal, you represent that you are of legal age to form a binding contract and are not a person barred from using Birbal under the laws of India or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as and where prompted by Birbal. If you provide any information that is untrue, inaccurate, not current or incomplete, or AYB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AYB has the right to suspend or terminate your account and refuse any and all current or future use of Birbal (or any portion thereof). AYB is concerned about the safety and privacy of all its users.

4. BIRBAL PRIVACY POLICY


Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Birbal Privacy Policy. You understand that through your use of Birbal you consent to the collection and use (as set forth in the applicable privacy policy) of this information AYB and its affiliates.

5. MEMBER CONDUCT


You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AYB, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Birbal. AYB does not control the Content posted via Birbal and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Birbal, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AYB be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Birbal.
You agree to not use Birbal to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a AYB official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Birbal;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. use, or cause to be used, Birbal to facilitate the transmission of unsolicited or unauthorized material, including but not limited to promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
j. use robots or otherwise harvest others' email addresses from Birbal for purposes of sending unsolicited or unauthorized material.
k. upload, post, email, or transmit the same message, URL, or post multiple times.
l. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to use Birbal;
m. interfere with or disrupt Birbal or servers or networks connected to Birbal, or disobey any requirements, procedures, policies, or regulations of networks connected to Birbal, including using any device, software, or routine to bypass our robot exclusion headers;
n. intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law;
o. stalk or otherwise harass another; and/or
p. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through o above.
You acknowledge that AYB may or may not pre-screen Content, but that AYB and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Birbal. Without limiting the foregoing, AYB and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Birbal or submitted to Birbal, including without limitation information in Birbal forums and in all other parts of Birbal.
You acknowledge, consent, and agree that AYB may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the User Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Birbal, its users, and the public.
You understand that Birbal and software embodied within Birbal may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Birbal and/or content providers who provide content to Birbal. You may not attempt to override or circumvent any of the usage rules embedded into Birbal. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Birbal, in whole or in part, is strictly prohibited.

6. INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Birbal and transfer, posting, and uploading of software, technology, and other technical data via Birbal may be subject to the export and import laws of India and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; and (b) will not transfer software, technology, and other technical data via Birbal to export-prohibited parties or countries;

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON BIRBAL


AYB does not claim ownership of Content you submit or make available for inclusion on Birbal. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Birbal, you grant AYB the following worldwide, royalty-free, and non- exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Birbal, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on Birbal solely for the purposes of providing and promoting Birbal.
b. With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of Birbal, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on Birbal solely for the purpose for which such Content was submitted or made available.
c. With respect to Content other than photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of Birbal, the perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of Birbal are those areas of Birbal that are intended by AYB to be available to the general public.

8. CONTRIBUTIONS TO BIRBAL


By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to AYB through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) AYB is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) AYB shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) AYB may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of AYB without any obligation of AYB to you; and (f) you are not entitled to any compensation or reimbursement of any kind from AYB under any circumstances.

9. INDEMNITY


You agree to indemnify and hold AYB and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through Birbal, your use of Birbal, your connection to Birbal, your violation of the User Agreement, or your violation of any rights of another.

10. NO COMMERCIAL REUSE OF BIRBAL


You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion or use of, or access to, Birbal (including Content, advertisements, Software, etc).

11. GENERAL PRACTICES REGARDING USE AND STORAGE


You acknowledge that AYB may establish general practices and limits concerning use of Birbal, including without limitation the maximum number of days any uploaded Content will be retained by AYB, the maximum number of email messages that may be sent from or received by an account on Birbal, the maximum size of any email message that may be sent from or received by an account on Birbal, and the maximum number of times (and the maximum duration for which) you may access Birbal in a given period of time. You agree that AYB has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Birbal. You further acknowledge that AYB reserves the right to modify these general practices and limits from time to time.

12. MODIFICATIONS TO BIRBAL


AYB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Birbal (or any part thereof) with or without notice. You agree that AYB shall not be liable to you or to any third party for any modification, suspension or discontinuance of Birbal (or any part thereof).

13. TERMINATION


You may terminate your Birbal account, any associated email address, and access to Birbal by submitting such termination request to AYB.
You agree that AYB may, without prior notice, immediately terminate, limit your access to or suspend your Birbal account, any associated email address, and access to Birbal. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Birbal (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with Birbal. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in AYB's sole discretion and that AYB shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Birbal.
Termination of your Birbal account includes any or all of the following: (a) removal of access to all or part of the offerings within Birbal, (b) deletion of all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of Birbal.

14. LINKS


Birbal may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that AYB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AYB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. BIRBAL'S PROPRIETARY RIGHTS


You acknowledge and agree that Birbal and any necessary software used in connection with Birbal ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through Birbal or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Birbal or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Birbal, such Content or the Software, in whole or in part.
AYB grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Birbal. You agree not to access Birbal by any means other than through the interface that is provided by Birbal for use in accessing Birbal.

16. DELAY IN SERVICES


AYB (including its Proprietor, employees, affiliates, agents, representatives, professional consultants or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from any delays or interruptions due to any natural, electronic, mechanical or any other reasons.

17. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF Birbal AND ITS UNDERLYING SOFTWARE ARE AT YOUR SOLE RISK. Birbal AND ITS UNDERLYING SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AYB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AYB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) Birbal OR ITS UNDERLYING SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Birbal OR ITS UNDERLYING SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Birbal OR ITS UNDERLYING SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Birbal OR ITS UNDERLYING SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Birbal OR ITS UNDERLYING SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR IT AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Birbal OR THROUGH OR FROM Birbal OR ITS UNDERLYING SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.

18. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT AYB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AYB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE Birbal; (b) HIRING A LAWYER OR PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON Birbal; (c) THE COST OF HIRING A LAWYER OR PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON Birbal; (d) THE COST OF PROCUREMENT OF GOODS AND SERVICES BASED ON THE INFORMATION PRESENTED ON Birbal; (e) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (f) STATEMENTS OR CONDUCT OF ANY LAWYER, PROFESSIONAL, USER, OR THIRD PARTY ON Birbal; (g) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (h) ANY OTHER MATTER RELATING TO Birbal.

19. EXCLUSIONS AND LIMITATIONS


Nothing in these terms shall exclude or limit AYB’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

20. TRADEMARK INFORMATION


You agree that all of Birbal’s trademarks, trade names, service marks, and other Birbal logos and brand features, and product and service names are trademarks and the property of AYB. Without AYB's prior permission, you agree not to display or use the same in any manner.

21. GENERAL INFORMATION


Entire Agreement. The User Agreement constitutes the entire agreement between you and AYB and governs your use of Birbal, superseding any prior version of this User Agreement between you and AYB with respect to Birbal. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AYB services, affiliate services, third- party content or third-party software.
Choice of Law and Forum. The Agreement shall be governed by the Laws of India. The Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this agreement.
Waiver and Severability of Terms. The failure of AYB to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Birbal or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the User Agreement are for convenience only and have no legal or contractual effect.