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.max2tally.com and mobile application viz. MAX (collectively 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 west, 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.
“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.
Registration & Password
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 free trial period, if any. User may subscribe to the Platform and link the Platform to the Tally ERP subscription and the accounting entities that may already be created and used by the Users.
You are required to provide the details of Tally ERP9 subscription, personal details, details of the companies / entities whose accounting shall be done in Tally 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.
- Apex is engaged in the business of providing Services relating to accounting and financial management. By using the Platform, the registered Users get accessibility to their accounting and business data on its mobile or computer wherever the MAX mobile application is stored.
- Platform will be connected to the gateway of Tally ERP, which shall enable the Users to access its own accounting and business data etc. and generating reports and charts based on the data available in the Tally ERP.
- Platform is merely a facilitator and only takes responsibility for providing the accessibility of the accounting data, and charts etc.
- The Services mainly caters to the Users including but not limited to business owners, Chartered Accountants, manufacturers, distributors, traders etc.
- The Services offered by Platform must be used with proper and due care as per instructions and conditions provided with the same.
Use of Platform
- Contents and information of Platform will be available in English language.
- You may avail Services available on Platform from time to time.
- 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.
- You understand and acknowledge that it is Your responsibility to read and understand all information as well as details regarding each Service before You proceed to avail the same.
- Before availing 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.
- In case of any wrong information or data is provided, You may not be able to avail appropriate Services and You shall be solely liable at Your cost for any damages monetary or otherwise suffered by You.
- You understand, acknowledge and agree that the Platform is developed in collaboration with or is based on the Tally ERP software / application. Thus, Apex disclaims any warranty as to the working of the base software.
- In case Users does not have valid license of Tally ERP software or it is not renewed, the Platform may not be able to provide correct / updated data.
- You understand, acknowledge and agree that the minimum version of Your Android and iOS shall be
Android Devices – Requires android version 7.0 or later
iPhone – Requires iOS 9.0 or later
iPad – Requires iPadOS 9.0 or later
Mode of Payment
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. User agrees 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 Platform undertakes utmost care to provide secure online payment system. However, it is susceptible to hacking, virus attacks, 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 email@example.com in order to register your complaint.
Right to Update User Data
Under the applicable laws, User have the right of access to Personal Information held by us and to request updating / correcting the Personal Information.
Change in Terms
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 firstname.lastname@example.org. After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content.
Content Supply by You
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
- To display your Content and details on the Platform
- 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.
Links to Third Party Sites
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.
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.
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.
Disclaimer of Warranties
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-
- the content shared on the Platform or any third party platforms linked to the Platform are accurate, correct or complete,
- The Platform will meet your requirements,
- The Platform will be available on an uninterrupted, timely, secure, or error-free basis,
- 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:
- Details and content that you submit or transmit for Services
- Your violation of any rights of any other person in connection with the Platform
- Infringement of any third party intellectual property rights
- Any breach of applicable law and regulation
- Any representation and warranties made in relation to the Services and
- Transactions (present and subsequent) between you and any other User or any third party.
Limitation of Liability
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.
Ownership of Intellectual Property
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 email@example.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” and any other related icons and logos are registered trademarks or 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.
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
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 agency relationship
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,
- Apex is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- Immediately upon Apex posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.