Accountant

Accountant App Terms of Use Agreement

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at http://accountant.besperk.com ("Accountant"), as owned and operated by Besperk, on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as “Besperk”). By using Accountant App you agree to be bound by the terms and conditions of this Agreement and Besperk’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

Accepting the Terms

By using the information, tools, features and functionality located on Accountant App (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Accountant App website) or you are a “Member” (which means that you have registered with Accountant App). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Besperk. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Besperk.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

Privacy and your Personal Information

For information about Besperk’s data protection practices, please read Besperk’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Besperk treats your personal information when you access Accountant App and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Description of the Service

The Service is a personal finance information management service that allows Members to consolidate and track their financial information on Accountant App. Based on such information, the Service may also present information relating to third party products or services.

The Service is provided to you by Besperk is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.

Account Information

Besperk cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Besperk cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.

Besperk Offers and Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and display Besperk Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Besperk Offer is sponsored.

In connection with Besperk Offers, the Service will provide links to other web sites belonging to Besperk advertisers and other third parties. Besperk does not endorse, warrant or guarantee the products or services available through the Besperk Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Besperk is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Besperk does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on Accountant App are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Besperk immediately at the email address info@besperk.com

Your Use of the Service

Your right to access and use Accountant App and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Accountant App for lawful purposes.

Your access and use of Accountant App may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Accountant App or other actions that Besperk, in its sole discretion, may elect to take.

Rights You Grant to Us

By submitting information, data, passwords, usernames, other log-in information, materials and other content to Besperk through the Service, you are licensing that content to Besperk solely for the purpose of providing the Service. Besperk may use and store the content, but only to provide the Service to you. By submitting this content to Besperk, you represent that you are entitled to submit it to Besperk for use for this purpose, without any obligation by Besperk to pay any fees or other limitations.

By using the Service, you expressly authorize Besperk to access your Account Information maintained by you.

Besperk’s Intellectual Property Rights

The contents of Accountant App, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both India and other applicable copyright, trademark and other laws. The contents of Accountant App belong or are licensed to Besperk or its software or content suppliers. Besperk grants you the right to view and use Accountant App subject to these terms. You may download or print a copy of information provided on Accountant App for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Accountant App in whole or in part for any other purpose is expressly prohibited without our prior written consent. Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Accountant App or any portion of Accountant App, without Besperk’s express written consent, which may be withheld in Besperk’s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Accountant App, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Accountant App or the Service; or

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Accountant App or the Service.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH Accountant App OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Besperk MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF Accountant App OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Besperk MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON Accountant App OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Besperk MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Not a Financial Planner, Broker or Tax Advisor

NEITHER Besperk NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. Besperk IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Besperk does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Besperk shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Limitations on Besperk’s Liability

Besperk SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO Accountant App, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Besperk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Besperk’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Besperk

You shall defend, indemnify and hold harmless Besperk and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Ending your relationship with Besperk

This Agreement will continue to apply until terminated by either you or Besperk as set out below. If you want to terminate your legal agreement with Besperk, you may do so by closing your account for the Service.

You can request to remove account at: info@besperk.com

Besperk may at any time, terminate its legal agreement with you:

1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

2. if Besperk in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information. Modifications

Besperk may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Accountant App site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Besperk under this Agreement, shall be governed by the laws of the Republic of India without regard to its conflict or choice of laws provisions. Any dispute with Besperk, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Local Court in India, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Besperk may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Besperk is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Besperk, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Besperk does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Besperk has the benefit of under any applicable law), this will not be taken to be a formal waiver of Besperk’s rights and that those rights or remedies will still be available to Besperk.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Besperk regarding the subject matter of the same, and supersedes all other previous agreements.