These terms of use (“Terms of use / agreement”) is an electronic record in terms of information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records / documents in various statutes as amended by the information technology (reasonable security practices and procedures and sensitive personal data or information) rules 2011. This is a computer-generated electronic record and does not require any physical or digital signatures.
Please read the terms and conditions of this agreement carefully. Terms and conditions mentioned in the agreement are a binding contract between Apex Actsoft Technologies Private Limited and users. The terms are effective upon acceptance and shall govern the relationship between Apex Actsoft Technologies Private Limited users for services through platform [as defined herein below]. If these terms conflict with any other document / records, the terms and conditions of this agreement shall prevail unless and until further change / modifications notified by Apex.
Welcome to our website www.bizask.ai and mobile application viz. Bizask.AI (collectively referred to as “Platform”), that is owned and operated by “Apex Actsoft Technologies Pvt. Ltd”, a company registered under The Companies Act, 1956, having its registered office at 3rd Floor, Lodha Supremus – II, 328-329-330, Road No. 22, Wagle Industrial Estate, Thane 400604, Maharashtra, India (hereinafter referred to as “Apex” / ”us” / ”we, “our”, which expression shall unless repugnant to the context thereof, include its successors and assigns). Apex is inter alia engaged in providing the Services (as defined below) to their customers.
If You (“You / Yourself / Guest / Visitor”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions for use of the Platform (“Terms of Use / Agreement”), which together with our privacy policy (“Privacy Policy”) govern Platform’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Platform.
Please read the terms and conditions of this agreement carefully. Terms and conditions mentioned in the agreement are a binding contract between Apex Actsoft Technologies Private Limited and users. The terms are effective upon acceptance and shall govern the relationship between Apex Actsoft Technologies Private Limited users for services through platform [as defined herein below]. If these terms conflict with any other document / records, the terms and conditions of this agreement shall prevail unless and until further change / modifications notified by Apex.
“Register” shall mean registering to the Platform or any other links / dashboards / webpages created on the Platform to avail the Services provided by the Platform on the basis of conditions mentioned in this Terms of Use.
“Service(s)” shall mean various services offered by us through Platform relating to accounting, financial management and administration, generation of reports, analysis, etc. or any other allied services offered from time to time.
“Users” or “you” or “your” shall mean users or viewers who visit, access and use the Platform, who may register to avail Services.
Your registration for availing Services is subject to the acceptance of these Terms of Use and Privacy Policy of the Platform by You.
The Platform shall be subscribed by the Users. Users may avail a free trial of the Services for the period as may be specified on the Platform from time to time.
Users must register to access the Platform or Services available from time to time on completion of the free trial period, if any. You are required to provide the details of accounting software subscription, personal details, details of the companies / entities whose accounting shall be done in accounting software and linked to the Platform.
You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password. You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide additional information as required by the Platform from time-to-time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
Through this Platform we provide Services as mentioned below
The services offered by the platform must be used with proper and due care as per instructions and conditions provided with the same.
You understand, acknowledge and agree that the minimum version of Your Android and iOS shall be
Android
Android Devices – Requires android version 7.0 or later
iOS
iPhone – Requires iOS 9.0 or later
iPad – Requires iPadOS 9.0 or later
Platform shall make available to the User, a payment facility in the form of a nodal account. The Users have to process all the payments relating to the transactions through the nodal account of Platform.
The payment will be settled with the User on a T+1 basis or by any other terms as may be specified by Platform from time to time. Users agree to abide by and adhere to the terms and conditions of Banks in which the nodal account of Platform will be opened. Platform shall display costs pertaining to Services and Users liability regarding tax and GST as applicable from time to time.
The Users understand and acknowledge that the Platform undertakes utmost care to provide a secure online payment system. However, it is susceptible to hacking, virus attacks, and malfunction. The Users undertake all payments subject to own risk and volition. The Platform shall not be liable for any loss or damage occurred to you due to any such malfunction, errors and / or unscrupulous activities.
The refund policy of the Platform shall be informed to You while registering and availing the paid Services. Refund will be provided only at the sole discretion of the Platform. Apex reserves the right to change the Refund Policy without any advance notice.
Any complaints regarding Services will be resolved through email between You and the Platform as the case may be. You shall email us on help@bizask.ai in order to register your complaint.
Under the applicable laws, Users have the right of access to Personal Information held by us and to request updating / correcting the Personal Information.
Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.
We follow ethical business practices and intend to provide the content, which is authorised, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or photographs, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform on help@bizask.ai After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content.
You represent, warrant, and agree that no Content or Details shared by You with Platform (“Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the feedback submitted by you for providing the Services, you also grant us the right
You agree that you are solely responsible for your Content made available by you through the Platform including but not limited to any liabilities arising out of any third-party infringement claims.
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to you for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platforms by Platform. Your link to any such Linked Platforms is entirely at your own risk. Platform is not a party to any transaction between you and a Linked Platforms. Your use of a linked platform is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Platform. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You agree not to engage in any of the following activities:
You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products or Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platform; and, You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to so through the Platform.
You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
You expressly acknowledge and agree that use of the Platform and Services is entirely at your own risk and that the Platform, and the Services therein are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Apex, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Platform of Services and your use thereof. Apex makes no warranties or representations that-
We may occasionally for brief periods suspend the operations of the Platform for maintenance, updations or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension. We shall not be or responsible for any
Platform does not warrant, endorse, guarantee, or assume responsibility for any Products / Services advertised or offered through the Platform or any hyperlinked platform or featured in any banner or other advertising.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
Transactions (present and subsequent) between you and any other User or any third party.
In no event shall Apex, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Apex has been advised of the possibility of such damages), resulting from any aspect of your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Apex shall not be liable for User details or content or defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the foregoing rests entirely with you.
In any event, the total aggregate liability of Platform to you under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to the subscription fee received by You on the Platform.
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