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 https://apexactsoft.com (referred to as “Platform), that is absolutely owned and operated by “Apex Actsoft Technologies Pvt. Ltd”, a company registered under The Companies Act, 1956, having its registered office at 8th Floor, Tech City Balaji Infotech, Plot No A-278, Wagle Industrial Area, Road No 16-A, Thane (W), 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.
“Products“ shall mean the Products which are advertised by Apex on the Platform, and which can be used by the Users by offline Registration and purchase of the Products.
“Register” shall mean completion of the procedure of registration while availing and using the Products from Apex on the basis of conditions mentioned in this Terms of Use.
“Service(s)” shall mean various services advertised by us through Platform and offered offline including but not limited to Tally AMC, Onsite support, Training, Customisation, 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.
The availing of Products or Services and the navigation of the Platform are subject to the acceptance of these Terms of Use and Privacy Policy of the Platform by You.
You shall be able to view the list of Products and Services available on the Platform at free of cost. As a guest, You can navigate and browse through the Platform. However, Users must Register in an offline mode in order to avail the Products and Services available on Platform. User can go through the details of Product and Services and click on the “Know More” tab to get detailed information about the required Product or Services. The tab may take You to a Product specific website, and User may contact Apex through the contact us tab or through phone numbers and email id provided to avail the Product or Service.
The Products and the Services 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 or stated in Product information from time to time.
Users must Register to access and use the Product or Services available from time to time on completion of free trial period, if any.
The Registration procedure shall be carried on in an offline mode through the Products by representatives of Apex.
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 Products and Services as mentioned below:
i. Apex is engaged in the business of providing Products and Services relating to accounting and financial management for business. It has developed business specific accounting products and add ons to facilitate smooth accounting, and user friendly solutions for accounts, inventory, business entries, compliance and MIS.
ii. Apex also provides various support Services such as annual maintenance contract, onsite support, training and customisation. Platform is merely a facilitator and only takes responsibility for providing the accessibility to the information of the Products and Services.
iii. The Products and Services mainly caters to the Users including but not limited to business owners, Chartered Accountants, manufacturers, distributors, traders of variety of businesses etc.
iv. The Products and Services offered by Platform must be used with proper and due care as per instructions and conditions provided with the same.
i. Use of Platform is subject to these Terms of Use, Privacy Policy and any other policies and conditions that may be notified on the Platform.
ii. Contents and information of Platform will be available in English language.
iii. You may avail Products and Services available on Platform from time to time.
iv. You understand and acknowledge that Platform is merely a facilitator, and You authorise the Platform to access email ids and phone numbers and send notifications and updates in the form of emails and SMS.
v. You understand and acknowledge that it is Your responsibility to read and understand all information as well as details regarding each Product and Service before You proceed to avail the same.
vi. Before availing Products and Services and executing payment procedure, You shall ensure that, You fill in correct data required for the same. Apex is not responsible for verification or authenticity of the data sent by You.
vii. In case of any wrong information or data is provided, You may not be able to avail appropriate Product and Services and You shall be solely liable at Your cost for any damages monetary or otherwise suffered by You.
viii. You understand, acknowledge and agree that the Platform is developed in collaboration with or is based on the Tally Prime / ERP software / application. Thus, Apex disclaims any warranty as to the working of the base software.
ix. In case Users does not have valid license of Tally Prime / ERP software or it is not renewed, the Platform may not be able to provide correct / updated data.
You agree to make payment with the help of payment gateway or by any other mode as may be made available on Platform from time to time. You agree to abide by and adhere to the terms and conditions of payment gateway providers. Platform shall display costs pertaining to Products and Services and Your liability regarding tax and GST as applicable from time to time.
The payments shall be secured as per permissible remittance mechanism and payment gateways. You understand and acknowledge that Platform undertakes utmost care to provide secure online payment system. However, it is susceptible to hacking, virus attacks, malfunction. You 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 as per the Refund Policy displayed on the Platform.
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 info@apexactsoft.com in order to Register your complaint.
In case You notice any Content which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs You shall email us on the provided email id.
Apex shall have a postal address stated on the Platform, wherein, communication may be sent and received by the authorised personnel of Apex.
Details of the grievance officer will be provided by Apex on the Platform, who shall endeavour to address User’s complaints within Twenty four (24) hours and redress complaint within fifteen (15) days of date of receipt of complaint.
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 info@apexactsoft.com. 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, 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 on the Products and the Services. You also grant us the right (i) to display Your Content and details on the Platform (ii) promote or distribute it for the access of other users.
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:
Violating laws and rights: 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.
Solicitation: 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.
Disruption: 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.
Harming others: 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.
Impersonation or unauthorized access: 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 Products and Services is entirely at Your own risk and that the Platform, and the Products and 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:
i. the content shared on the Platform or any third party platforms linked to the Platform are accurate, correct or complete,
ii. The Platform will meet Your requirements,
iii. The Platform will be available on an uninterrupted, timely, secure, or error-free basis,
iv. The results that may be obtained from the use of the Platform will be accurate or reliable.
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:
- Errors, mistakes, or inaccuracies of content.
- Any unauthorized access to or use of our servers and / or any and all personal information and / or financial information stored therein.
- Any interruption or cessation of transmission to or from the Platform.
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and / or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Platform.
- 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:
(i) Details and content that You submit or transmit for Services.
(ii) Your violation of any rights of any other person in connection with the Platform.
(iii) Infringement of any third party intellectual property rights.
(iv) Any breach of the terms and conditions of this Terms of Use.
(v) Any breach of applicable law and regulation.
(vi) Any representation and warranties made in relation to the Services and
(vi) 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.
The Platform is committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Platform and may be used subject to terms of Privacy Policy.
All title, ownership and intellectual property rights in the Platforms shall remain with Apex or licensors of the Platform, as the case may be. All rights not otherwise claimed under the Terms of Use or by Apex are hereby reserved.
If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and / or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at info@apexactsoft.com with the details.
All materials on this Platform, including but not limited to images, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.
“Apex”, “MAX”,”ASPIRE” and any other related icons and logos are trademarks or Service marks of Apex Actsoft Technologies Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. By displaying our logo, Service marks and trademarks on the Platform, we are not granting You any license to utilize those proprietary logos, Service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
If You wish to terminate this Agreement, You may immediately stop accessing or using this Platform. Your right to access and use the Platform terminates automatically upon Your material breach of any of the terms of these Terms of Use. Platform reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under these Terms of Use.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given the courts in Thane, Maharashtra, India exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, failure of third-party software Services, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Platform.
No Waiver: The Platform’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right unless the same is in writing.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No Agency Relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Platform as a result of these Terms of Use or from Your use of the Platform or listing.
Notices: All legal notices or demands to or upon Apex shall be made in writing and sent to Apex on its registered office mentioned herein above personally, by registered post or email. The notices shall be effective when they are received by Apex in any of the above-mentioned manner. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier or email to the last-known correspondence, email address provided by the User to Apex, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platforms that is publicly accessible without a charge or through such other mode of communication as Apex may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when,
a) Apex is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Apex posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.
Entire agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and the Platform relating to this subject matter and supersede any and all prior communications and / or agreements between You and the Platform relating to this subject matter.