This Agreement describes the terms governing your use of the software/app/online services provided to you, including content, updates and new releases, (collectively, the "Software/App/Services"). It includes by reference. Our Privacy Statement provided to you in our products available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for our products, including product or program terms, ordering, activation, payment terms, etc.
2. Your Rights to use our products/services
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by us. We reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, we grants to you a personal, limited, nonexclusive, nontransferable right and license to use the our products/services.
2.2 On expiry of subscription or on expiry of trial period, you will not be able to access the Services. For continuation of use of Services, you need to renew subscription or contact us who will then provide a temporary license/access key to avail the products/services. This temporary license/access key is valid for 48 hours.
2.3 You agree not to use, nor permit any third party to use, the Products/Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not.
* Provide access to or give any part of the Products/Services to any unauthorized third party.
* Reproduce, modify, copy, deconstruct, sell, trade or resell the Products/Services.
* Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless we or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Products/Services.
a. Payments will be billed to you by us and/or its vendor(s) in INR, U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following.
A valid credit card acceptable to us and/or its vendor(s);
A valid debit card acceptable to us and/or its vendor(s);
In countries where accepted by us, sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
By another payment option by us and/or its vendor(s) provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, I/We and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. I/We and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Products/Services are cancelled or terminated under this Agreement. f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
g. All authorized refunds will be made in the original form of payment to us or its vendor(s).
3.b. Refund Policy
I/We have made a free trial demo/online presentation/mails as per products/service available in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period/demo and thereafter, all possible assistance is made available to you, including online training and technical support. However, if you are not satisfied with the products/services for any reason, there is no refund. We do not refund the amount that you have already paid as we are already offering a demo/online presentation for you to evaluate the products/services.
4. Android/compatible Apps Use With Your Mobile Devices/PC
Use of these Products/Services may be available through a compatible PC/mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
I/We MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION
You can view our Privacy Statement provided with the Products/Services and on the website for the Products/Services. You agree to the applicable our Privacy Statement, and any changes published by us. You agree that I/We may use and maintain your data according to the our Privacy Statement, as part of the Products/Services. You give us permission to combine information you enter or upload for the Products/Services with that of other users of the Services and/or other our services. For example, this means that I/We may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. I/We are a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6.1 You are responsible for your content. You are responsible for all materials ("Content") entered, uploaded, posted or stored through your use of the Products/Services. Archive your Content frequently. You grant us a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. I/We are not responsible for the Content or data you submit through the Services. You are agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
Except as permitted by us in writing or in any other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. I/We do not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which I/We are not responsible.
6.3 I/We may freely use feedback you provide. You agree that I/We may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
6.4 I/We may monitor your Content. I/We may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect ourselves or its customers, or operate the Services properly. I/We, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 I/We do not give professional advice. Unless specifically included with the Services, I/We are not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other our services. You may be offered other services, products, or promotions by us ("Our Products/Services"). Additional terms and conditions and fees may apply. With some our Products/Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant us permission to use information about your business and experience to help us to provide the our Services to you and to enhance the Services. You grant us permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant us permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. I/We may be required by law to send you communications about the Services or Third Party Products. You agree that I/We may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact us if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I/We, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. I/We/Our AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 I/We/Our, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOT WITH STANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT I/We DO NOT EXCLUDE LIABILITY FOR. (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
9. LIMITATION OF LIABILITY AND INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF US, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, I/We/Our, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Our SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF I/We/Our AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold our and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). I/We reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
I/We may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect our's rights to any payments due to it. I/We may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS
You acknowledge that the Products/Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by the laws of India, without regard to its conflicts of law principles. Not with standing the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of our's or its Suppliers' intellectual property rights may cause I/We/Us/our irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that I/We shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect our rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Sri Ganganagar, India and you agree that you will procure that any third party making a claim against us arising out of this Agreement shall bring such claim exclusively in the Indian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
I/We do not represent that the Products/Services and/or content within the Products/Services is appropriate or available for use in all jurisdictions or countries. I/We prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
This Agreement, including the Additional Terms below, is the entire agreement between you and us and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of us. However, I/We may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by us or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact us via an email to [email protected]
16. THIRD PARTY PRODUCTS AND SERVICES. I/We may tell you about third party products or services, including via the Service. I/We may offer products and services on behalf of third parties who are not affiliated with us ("Third Party Products") and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. I/We are not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with us in any way. You agree that the third parties, and not I/We/Our/Us, are solely responsible for the Third Party Product's performance (including technical support), the content on their websites and their use or disclosure of your data. I/We will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will
(i) comply with all applicable laws, regulation and ordinances;
(ii) not use the Third Party Products in any manner that would infringe or violate the rights of Book Keeper or any other party; and
(iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.