2. ABOUT US
- We provide the https://akounto.com/website and services performed via the website. We are a limited company registered in Canada.
- For the purpose of these terms, the term AkountoWebsites refers collectively to all AkountoWebsites in all jurisdictions/locations:Including any other website we may own or run from time to time that links through to these Conditions.
3. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and tradenames contained on this website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. We legally own a wide range of intellectual property rights used in and relating to the Akounto Websites, including:
- each of the trademarks the Akounto, (https://akounto.com/, logos, slogan, and course directory database (the “Database”).
- the design, text, graphics, articles, blogs and other content of the web pages on Akounto Websites, together with all the web addresses associated with those web pages, other than those which we use under license.
- all the software used in relation to the Akounto, Websites, other than that which we use under license.
- All the above-mentioned copyright ownership are protected by copyright laws and treaties around the world. All such rights are reserved.
4. PERMITTED USE
Akountohereby grants to You a limited, revocable, personal, non-transferable, and non-exclusive license to access, read and download one copy of the Content solely for the purpose of evaluating the services offered by us.
5. RESTRICTIONS ON USE
You agree that You will not:
- distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing, or reproducing the Content by way of the press or media or through any commercial network, cable, or satellite system; or
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
- You shall not permit, allow, or do anything that would infringe or otherwise prejudice the proprietary rights of Akounto, or its licensors or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
6. USE OF YOUR INFORMATION
- With the exception of your non-public personal information, You hereby grant to the Akounto the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to Akountoby email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever.
- Akountoshall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by Akountoin writing or required by law. You represent and warrant that you have the right to grant the license set out above.
- The subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of Akounto and other information uploaded on the subscriber’s account. We may in certain circumstances export user information outside Canada. We shall not share personal information with anyone except in the manner provided in our PrivacyPolicy.
7. WITHDRAWING CONSENT
- Akounto may terminate this agreement and your use of Akountowebsite at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way.
- Subscribers may use Akounto on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Akounto Account” instructions found on your Account page.
- In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.Upon such termination, you must immediately cease using Akounto indefinitely. We may at our option immediately block your access to Akounto.
9. SOFTWARE NOTICE
10. ACCESS TO AND USE OF OUR WEBSITE
- Access to our site is free of charge.
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site.
- Our site is directed to the global audience and accessible to anyone in any jurisdiction that is legally allowed to use our service based on the laws of that jurisdiction. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site, you do so at your own risk.
- You agree to use Akounto and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
- If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business's principals to open the account and that you have shared all usernames, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us, we may be required to provide access to the Akountoaccount. You agree to hold harmless and release the Akountofrom any liability if we do so.
- Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release Akounto from any loss or liability whatsoever that you may incur as a result of someone other than you are using your username, password or account, either with or without your knowledge. You agree to indemnify Akounto, for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you may be billed when you add your billing details into our services, explained in more detail in the pricing plan
Taxes for use of our services : You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.
Plaid and bank feeds: Your use of automated bank account feeds enabled by Plaid from within our services is subject to separate Plaid terms. If your bank or credit union connects to Akounto directly, you may use those feeds instead of Plaid. Bank feeds are generally offered for free but may have associated charges that we will pass on to you.
Payments to Xero: Just so you know, some third-party providers may pay Akounto a fee that may be related to: referrals from Akounto; revenue made by the provider; or data that the providers access about you through our services with your consent. One example would be you applying for a loan with a third-party lender using your Akounto data.
No refunds: No refund is due to you if you terminate your subscription or Akounto terminates it in accordance with these terms.
All users will at all times, and on demand, fully indemnify us and keep us fully indemnified from and against any claims or/and threats made against us as a result of non-compliance with any of any representations, warranties or obligations set out in these Conditions.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
14. OWNERSHIP AND DISCLOSURE OF INFORMATION
You own all of your business’s private data, content, and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Akounto. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
- For the purposes of fraud prevention and law enforcement.
- To comply with any legal, governmental, or regulatory requirement.
- To our lawyers in connection with any legal proceedings; and
- To comply with a court order.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. AkountoPrivacyPolicy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.
15. LIMITATION OF LIABILITY
- There is no guarantee that personal information and transactions on this website or on the internet will be maintained confidential and secure. the use of this website and the content is at your own risk, and Akounto assumes no liability or responsibility pertaining to the content, your use of the website or the receipt, storage, transmission or other use of your personal information.
- the subscribers and the users hereby agree to release, remise and forever discharge Akounto from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, including without limitation any lost profit, indirect, consequential, exemplary, incidental, special or punitive damages (collectively, a "claim") whether known or unknown, which now or hereafter arise from, relate to, or are connected with
- this agreement.
- the use of Akounto and its services and any related applications including third party services.
- the use of any software related to Akounto.
- viruses, spyware, service provider failures or internet access interruptions.
- loss of use, loss of data, error, inaccuracy of data, payment failure, payment defect, inaccurate calculations (except as otherwise set out herein), downtime, identity theft, fraud, or unauthorized access; or
- any information, document, materials, tools, utilities, product or data that relating to the use of Akounto and the services; whether such claim is based in contract or tort or otherwise, even if we have been advised of the possibility of such claim, or such claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
- Akounto will not be responsible for any damages You or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
- You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
- be fit or suitable for any specific purpose or intended use.
- meet the users' requirements and expectations.
- be uninterrupted, flawless, timely, accurate, reliable, secure or error free, or.
- be free of viruses or other harmful elements. you expressly acknowledge and agree that Akounto and the services are provided on an "AS IS" basis and you agree to use Akounto, the services, any third-party services and online services, and any content, materials, tools, utilities, software and functionality related to Akounto at your own risk. you agree to determine the suitability of Akounto and services for your intended use and agree to verify all results obtained using Akounto and the services.
- You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the Akounto Websites. We will take reasonable steps to minimise any such periods of interruption or non-availability.
- You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third-party data.
16. GOVERNING LAW AND ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH USERS MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH AKOUNTO.
- If a User has a dispute with Akounto, we will first seek to resolve such a dispute through our support team.
- All disputes arising under or in connection with the Agreement will be submitted to binding arbitration in Vancouver, British Columbia, Canada, pursuant to the Commercial Arbitration Rules of the Canadian Arbitration Association (“CAA”) and the procedures set forth below.
All disputes that cannot be resolved pursuant to the internal issue resolution process identified above will be submitted to and settled by final and binding arbitration. The arbitration will take place in Vancouver, British Columbia, Canada and will apply the governing law of this Agreement. The final and binding arbitration will be performed in English by a single arbitrator who is a practicing or retired commercial lawyer or judge and in accordance with and subject to the Commercial Arbitration Rules of the CAA then in effect. The decision of the arbitrator will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator will be bound by the warranties, limitations of liability, and other provisions of this Agreement. Notwithstanding the foregoing, each party may seek injunctive relief in a court of competent jurisdiction, where appropriate, to protect its rights pending the outcome of the arbitration.
Jurisdiction/Venue; Governing Law
this Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia (irrespective of its choice of law principles). The parties hereby agree that any suit to enforce any provision of this Agreement or arising out of or based upon this Agreement or the business relationship between the parties hereto shall be brought in the courts of Vancouver, British Columbia, Canada. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party, and each party hereby submits to the exclusive personal jurisdiction and venue of such courts.
Both User and Akounto agree to have all disputes, claims or controversies arising out of or relating to this agreement decided by neutral binding arbitration and are giving up any rights it might possess to have those matters litigated in a court or jury trial. by agreeing to this agreement, both User and Akounto, are giving up their respective judicial rights to discovery and appeal except to the extent that they are specifically provided for under this agreement. if any party refuses to submit to arbitration after agreeing to this provision, that party may be compelled to arbitrate under federal, state, or provincial law. Both User and Akounto confirm their agreement to this arbitration provision is voluntary.
17. FORCE MAJEURE
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
18. ENTIRE AGREEMENT
These conditions as it may be amended from time to time, and any and all other legal notices and policies on this website, constitutes the entire agreement between Akountoand All users of Akounto Websites, and supersedes all prior discussions, agreement or understanding between the two parties (Akountoand All Users of Akounto Website).