TERMS AND CONDITIONS OF USE

Application of these Terms

These Terms govern the use of and access to the website www.accoxpert.com and its associated mobile/web applications (hereinafter, collectively referred to as the "Platform") by you, the user (hereinafter, "you" or "User"). These Terms are also applicable to you in relation to the relevant Services you avail through the Platform.

User Representation

By using the Platform, you represent that you are at least 18 (eighteen) years of age and have not been previously suspended, disqualified, or removed by AccoXpert, or disqualified for any other reason from availing the Services or using the Platform. Additionally, you affirm that you have the legal right, authority, and capacity to agree to these Terms and comply with them. You must not impersonate any person or entity or provide false information regarding your identity, age, or affiliation. In case of any violation of these Terms, AccoXpert reserves the right to suspend or permanently prevent you from using the Services or accessing the Platform.

Agreement to these Terms

If you do not agree to be bound by these Terms, you must refrain from using the Platform. Continuing to use the Platform or the Services implies your express agreement and commitment to comply with these Terms. Subject to applicable laws, these Terms (including any future amendments) will be applicable to you retroactively from the date of your first use of the Platform.

1. CHANGES TO THESE TERMS

1.1. Updates and Modifications

Please be aware that these Terms may undergo revisions periodically. We retain the right to amend or modify these Terms as needed. While we will make reasonable efforts to keep you informed about any changes, we recommend that you regularly review these Terms whenever you access or use the Platform to stay informed about any updates we may implement.

1.2. "Last Updated" Date

The "Last Updated" date provided at the top of these Terms indicates the date of the most recent modifications. If we make changes to these Terms, your continued access and use of the Platform will constitute your explicit acceptance of these modifications. Your ongoing usage will serve as confirmation that you expressly agree to the terms contained herein, which will apply from the date of your initial use of the Platform.

1.3. Contact Us

If you have any comments or questions regarding these Terms or if you wish to report any violations of these Terms, please do not hesitate to contact us at [email protected].

2. REFUNDS

2.1 Refunds for Payments

If you, as the merchant or recipient of payments, receive payments from your customers through our Platform via payment requests, both you and your customers acknowledge and confirm that you have provided, and your customers have received, the goods, products, or services for which the payments are made. Any disputes or issues related to these goods, products, or services are solely between you (the merchant/recipient of the payment) and your customers. You, as the merchant/recipient, are responsible for addressing and processing any claims or refunds related to these transactions. AccoXpert and its Strategic Partners are not responsible for providing refunds in connection with the goods, products, or services.

2.2 Modification or Discontinuation

We reserve the right, at our discretion, to add, modify, or discontinue any part of the Services and Platform, temporarily or permanently, with or without cause. We shall not be liable for any such additions, modifications, suspensions, or discontinuations of the Services.

3. SIGN-UP AND CONSENT REQUIREMENTS

3.1. Information for Service Access

To access our Services, you must provide essential details including, but not limited to, your name, mother's and father's names, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee particulars, canceled cheque, photograph, video recording, email ID, phone number, educational or professional qualifications, business name, business address, nature of business, Goods and Service Tax Identification Number (GSTIN), Tax Deduction and Collection Account Number (TAN), bank account information, Unified Payment Interface (UPI) ID, and other relevant payment details.

3.2. Voluntary Consent

You agree to furnish the aforementioned information, or any other data that may be necessary for us to deliver our Services, during registration or at any subsequent stage. You acknowledge that providing your Aadhaar ID is voluntary, unless mandated by applicable law, and may opt to provide an alternative KYC proof.

3.3. Accurate Information

You warrant the provision of truthful, accurate, current, and complete information about yourself, pledging not to misrepresent your identity or account details. Maintaining up-to-date and accurate account information is your responsibility.

3.4. Third-Party Consent

If you upload information concerning third parties, you must ensure you have their express written consent to use their data on the Platform. Additionally, you should obtain written consent from these individuals to receive communications from the Company, including information about us and our Services, promotional offers, services from us, our third-party service providers, Strategic Partners, and any other relevant matters related to the Services. If third parties fail to provide written consent or withdraw consent, you must cease using the Services in relation to them. Obtaining such consent is your sole responsibility, and we assume that you have sought and obtained it if you provide information about any third parties while using the Platform.

3.5. Accuracy of Information

If you provide false, inaccurate, or outdated information, or if we have reasonable grounds to suspect the accuracy of the information provided, we reserve the right to suspend or terminate your account and restrict your current and future use of the Platform. You are responsible for maintaining the confidentiality of your account and for all activities conducted under your account.

3.6. Security Breaches

You agree to promptly inform us in writing at [email protected] of any unauthorized use, disclosure, or security breach concerning your profile.

4. Intellectual Property Rights and Ownership

4.1. Our Ownership

We retain ownership of the design, compilation, and overall look and feel of the AccoXpert Platform. This ownership extends to all copyrighted materials, trademarks, designs, inventions, and other intellectual property. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, royalty-free, revocable, and limited access to use the Platform and its Services in accordance with these Terms.

4.2. Restrictions on Usage

You agree not to copy, distribute, modify, or create derivative works from any of our content or utilize our intellectual property rights in any manner not explicitly permitted by us.

4.3. Third-Party Content

AccoXpert may provide summaries of news or information already in the public domain. Additionally, we may offer electronic links to the original sources of such news or information, directing you to third-party websites where the content originated.

12. DISCLAIMERS

12.3. Dependency on Third Parties

Certain Services on our Platform are dependent on the technology infrastructure of various third parties, including government agencies and statutory authorities. We would like to emphasize that AccoXpert will not be held liable or responsible for any discrepancies in the Services arising from delays or failures of activities carried out by these third parties. This includes government agencies and statutory authorities like the Goods and Services Tax Network and National Informatics Centre.

Delays or failures may occur due to a range of factors, including network or connectivity issues, device or application failures, system failures, downtime on the part of government systems, or any other technical or non-technical errors, whether foreseen or unforeseen.

13. EXCLUSION OF DAMAGES

WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE ACCOXPERT PLATFORM. THIS EXCLUSION OF LIABILITY ENCOMPASSES, BUT IS NOT LIMITED TO, THE FOLLOWING:

1. OUR ROLE AS A PUBLISHER OF INFORMATION.
2. ANY INCORRECT OR INACCURATE INFORMATION OR ANY 'BUG' IN THE PLATFORM OR THE SERVICES.
3. UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA.
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE PLATFORM.
5. DISPUTES BETWEEN USERS OF THE PLATFORM OR THE SERVICES, OR BETWEEN A USER OF THE PLATFORM OR THE SERVICES AND A THIRD PARTY.
6. ANY OTHER MATTER RELATING TO THE PLATFORM OR THE SERVICES, OR ANY THIRD PARTY.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION IS APPLICABLE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ACCOXPERT AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE PLATFORM OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

14. INDEMNIFICATION

14.1. Notwithstanding the provisions in this Agreement, you agree to defend, indemnify, and hold harmless AccoXpert (and its affiliates, officers, directors, and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys' legal fees) in connection with, arising out of, or in relation to:

1. Breach or non-compliance of your obligations, consents, grants, undertakings, representations, or warranties under these Terms.
2. Misrepresentation, negligence, fraud, willful concealment, and misconduct.
3. Misuse of the Services and Platform for any illegal or unauthorized purposes.
4. Any injuries to persons or damage to property, body, business character, reputation, including theft, resulting from your acts or omissions.
5. Any claims by a third party against AccoXpert for the acts committed or omitted by you.
6. Any violation of applicable law.

14.2. You agree that any violation by you will constitute an unlawful and unfair business practice, causing irreparable harm to AccoXpert, its Strategic Partners, and third-party service providers, for which monetary damages would be inadequate. You consent to AccoXpert obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that AccoXpert may have at law or in equity.

15. MISCELLANEOUS

15.1. Notice

All notices, requests, demands, approvals, requests for approvals, or other communications under these Terms shall be in writing. Notice will be considered duly given as follows: (i) upon delivery when personally handed to the recipient, (ii) upon receipt when sent by certified mail, (iii) upon delivery when dispatched by a recognized international overnight courier, and (iv) upon receipt when transmitted by fax with confirmation.

15.2. Governing Law and Jurisdiction

These Terms are subject to the laws of India and will be interpreted, enforced, and governed accordingly. Any disputes, conflicts, or differences arising from these Terms will be resolved through arbitration in New Delhi, following the provisions of the Arbitration and Conciliation Act, 1996, which is deemed to be incorporated by reference in this Clause. The arbitration panel will consist of one arbitrator appointed by us, and English will be the language used in the arbitration. All parties involved in the arbitration will maintain its confidentiality and not disclose it to any person, except on a need-to-know basis or to legal advisors, unless compelled by law. The decision of the arbitrator will be final and binding on all parties. Subject to other provisions in this Clause, courts in New Delhi will have exclusive jurisdiction over all matters arising from these Terms or the use of our Services.

15.3. Severability

If any provision in these Terms is found to be invalid under any applicable statute or rule of law, it will be deemed omitted to the extent necessary, while all other terms and provisions will remain in full force and effect, as long as the economic or legal substance of the transactions contemplated here is not materially adversely affected. If any term or provision is declared invalid, illegal, or unenforceable, the parties will negotiate in good faith to amend the Terms so that they reflect the original intent of the parties as closely as possible and are still acceptable. This is to ensure that the transactions contemplated here are carried out as originally intended to the greatest extent possible.

15.4. Waiver

A waiver by either party of any term or condition of these Terms in a particular instance will not be considered a waiver of that term or condition for the future or for any subsequent breach. All remedies, rights, commitments, obligations, and agreements in these Terms are cumulative, and none of them will limit any other remedy, right, commitment, obligation, or agreement of either party.

15.5. Relationship of Parties

The parties are not considered employees, agents, partners, or joint ventures of one another. You do not have the authority to enter into agreements on behalf of the Company.

16. FORCE MAJEURE

In the event that a Party is unable to fulfill its obligations under the Terms due to circumstances beyond its reasonable control, including but not limited to (1) acts of God; (2) fire or explosion (except to the extent caused by the negligence or willful misconduct of the affected party); (3) unusually severe weather; (4) war, invasion, riot, or other civil unrest; (5) governmental laws, orders, restrictions, actions, embargoes, or blockages; (6) national or regional emergencies; and (7) injunctions, strikes, lockouts, labor disputes, or other industrial disturbances, that Party shall not be held liable for such failure or delay. It is understood that the affected Party will promptly inform the other Party of the force majeure condition and will make reasonable efforts to rectify the situation, with the aim of resuming the performance of its obligations as soon as practicable.

17. MAINTENANCE OF RECORDS

You are responsible for maintaining records independently of the Platform, including physical copies and other forms. The Company reserves the right to request copies of these records for its own use, including record-keeping purposes. You acknowledge and agree that the Company has the right to retain your information for as long as it deems necessary and as required to comply with applicable legal provisions.

18. FEES

The Company retains the right to impose fees for the use of its Services, and non-payment may result in the denial of Services.

19. Shipping

Deliverables is in form of digital product and so does not require any shipping.