TDSMAN is a software product and service offering of PDS Infotech (P) Ltd. (“PDS”, “we”, “us” or “our”). These Terms of Service govern the access to and use of TDSMAN in all its forms, including its desktop / downloadable version, cloud / web-based version, trial version, demo access, and any related services, updates, communications, utilities, support materials or online resources provided by PDS.
By downloading, installing, registering for, accessing, activating, using or continuing to use TDSMAN, or by clicking the checkbox indicating acceptance of these Terms, you acknowledge that you have read, understood and agreed to be bound by these Terms of Service. If you do not agree to these Terms, you should not download, install, access or use TDSMAN.
1. Scope of TDSMAN
TDSMAN is designed to facilitate the preparation, management and filing-related compliance work for TDS / TCS and related tax processes based on the applicable law, rules, forms, utilities, return formats, validations and guidelines as made available by the relevant government authorities from time to time.
TDSMAN may be offered by PDS in one or more of the following forms:
- Desktop / On-premise Version - software downloaded and installed on the user’s system or server.
- Cloud Version - software or services hosted by PDS and accessed through the internet, including trial or subscription-based access.
- Trial / Demo Version - limited-feature, limited-period or evaluation access provided for testing, review or evaluation of TDSMAN.
These Terms apply to all such versions unless the context specifically requires otherwise.
2. Trial and Evaluation Use
PDS may provide TDSMAN on a trial, demo or evaluation basis, whether through a downloadable desktop version or through a cloud account created for evaluation purposes. Trial access may be subject to limitations including period restrictions, feature restrictions, user restrictions, data limits, output restrictions or any other conditions decided by PDS from time to time.
PDS reserves the right to modify, suspend, restrict or discontinue any trial access, feature or service at its discretion without prior notice.
3. Updates and Statutory Changes
TDSMAN may be modified, updated or revised from time to time to reflect changes in law, rules, return formats, utility specifications, government portal requirements, validations, technical requirements or product improvements.
Users are advised to ensure that they are using the latest applicable version of TDSMAN, whether desktop or cloud, before preparing, validating or filing any return, statement, correction or related compliance document.
4. User Responsibility
While TDSMAN is intended to facilitate compliance work, the responsibility for the correctness, completeness and legality of the data entered, imported, processed, validated, generated or filed using TDSMAN remains solely with the user.
The user is responsible for:
- verifying all data, rates, challans, PAN details, sections, deductee records, return particulars and other statutory information before filing or submission;
- ensuring that all filings and compliance actions are reviewed before being uploaded or submitted to any government portal or authority;
- maintaining the confidentiality and security of login credentials, access credentials, passwords and authorised usage, particularly in case of cloud access;
- ensuring that the use of TDSMAN complies with applicable law.
PDS shall not be responsible for any incorrect filing, rejection, delay, penalty, interest, notice, loss or consequence arising out of incorrect data entry, incomplete information, user error, non-verification by the user, or changes in statutory or portal requirements.
5. Cloud Access and Account Usage
Where TDSMAN is provided in cloud form, the user may be required to create or use a login account or trial account. The user shall be responsible for maintaining the confidentiality of login credentials and for all activity carried out through such account.
The user agrees not to misuse the cloud service, attempt unauthorised access, interfere with the platform, upload harmful material, or use the service for any unlawful or prohibited purpose.
PDS may suspend, restrict or terminate cloud or trial access if it reasonably believes that there is misuse, unauthorised use, breach of these Terms, security risk, or any other activity prejudicial to PDS or the service.
6. Communications and Consent
By downloading, installing, registering for, creating an account for, accessing or using TDSMAN, you expressly consent to PDS, TDSMAN and their authorised representatives contacting you using the contact details provided by you or available in relation to your account, enquiry or trial registration.
Such communications may be made through email, telephone calls, SMS, WhatsApp or similar messaging platforms, in-app notifications, website notifications, postal communication or any other reasonable mode of communication, and may include:
- product information, trial assistance and onboarding support;
- software updates, release information, utility updates and version updates;
- statutory, compliance and tax-related updates relevant to TDSMAN users;
- support, service, renewal, upgrade or subscription-related communication;
- product demonstrations, follow-up calls, training resources, webinars and usage guidance;
- newsletters, blogs, articles, educational content, compliance alerts and promotional communication relating to TDSMAN, PDS or allied products and services.
You agree that PDS may send you such communications and may include you in mailing lists, update lists, blog / newsletter circulation or similar communication programs relating to TDSMAN, compliance updates and product information. If you do not wish to receive promotional or non-essential communications, you may opt out by using the unsubscribe facility, where available, or by contacting PDS. However, service-related, account-related, support-related and important product or compliance communications may still continue where necessary.
7. Intellectual Property and Restrictions
TDSMAN, including its software, cloud platform, structure, database logic, documentation, content, utilities, website material, trademarks, branding and all associated intellectual property rights, are and shall remain the exclusive property of PDS Infotech (P) Ltd. and/or its licensors.
The user is granted only a limited, non-transferable, non-exclusive right to use TDSMAN for lawful internal business purposes in accordance with the applicable licence, subscription or trial terms. Except as permitted by applicable law or expressly authorised by PDS in writing, the user shall not:
- copy, modify, adapt, distribute, sublicense, rent, lease or commercially exploit TDSMAN;
- reverse engineer, decompile, disassemble or attempt to derive the source code, structure or underlying ideas of TDSMAN;
- remove or alter any copyright, proprietary or trademark notices;
- use TDSMAN in any manner that infringes the intellectual property or other rights of PDS or any third party.
8. Disclaimer of Warranty
While reasonable care is taken in developing and updating TDSMAN, the software and services are provided on an “as is” and “as available” basis. PDS does not make any warranty or representation, express or implied, regarding the quality, merchantability, fitness for a particular purpose, completeness, performance, availability, uninterrupted operation, accuracy or error-free functioning of TDSMAN.
PDS does not warrant that:
- TDSMAN will always be free from defects, errors or interruptions;
- any return, correction, form, statement or file generated through TDSMAN will necessarily be accepted by any government department, portal or authority;
- any third-party or government website, portal, utility, API, validation mechanism or online system will function without interruption or remain compatible at all times;
- trial data or cloud data will remain available indefinitely unless otherwise specifically agreed by PDS.
9. Limitation of Liability
To the maximum extent permitted by applicable law, PDS Infotech (P) Ltd., its directors, employees, representatives and affiliates shall not be liable for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, statutory exposure, or any direct, indirect, incidental, special, exemplary, punitive or consequential loss or damage arising out of or in connection with:
- the download, installation, registration, access or use of TDSMAN;
- inability to use TDSMAN;
- any error, omission, defect, delay or interruption in TDSMAN;
- rejection of returns or files by any authority or portal;
- statutory changes, portal changes, utility changes or third-party dependencies;
- reliance placed by the user on outputs generated by TDSMAN without independent verification.
10. No Basis for Dispute with Government Agencies or Third Parties
TDSMAN is a facilitation software and service. The information, formats, utilities, outputs and validations available through TDSMAN are intended to assist users in compliance-related work. They shall not, by themselves, form the basis of any dispute or claim against any government department, authority, intermediary, facilitation centre, portal operator or third party.
11. Termination or Discontinuation
PDS may suspend, restrict or discontinue access to any trial, cloud account, feature, module, update or service if required for technical, legal, security, commercial or operational reasons, or where there is misuse or breach of these Terms.
The user may stop using TDSMAN at any time. However, any rights, disclaimers, limitations and obligations that by their nature survive termination shall continue to remain in force.
12. General
These Terms constitute the complete understanding between the user and PDS in relation to the use of TDSMAN, unless superseded by a separate written licence, subscription agreement or commercial arrangement executed by PDS.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue to remain valid and enforceable.
PDS reserves the right to revise or update these Terms from time to time. Continued use of TDSMAN after such update shall constitute acceptance of the revised Terms.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms or the use of TDSMAN shall be subject to the jurisdiction of the courts at Kolkata, West Bengal.
