Terms of Use
Welcome to BooXkeeping.com, operated by BooXkeeping Corporation (“BooXkeeping”). These terms and conditions (“Terms of Use”) outline BooXkeeping’s responsibilities as a service provider, and your obligations as a visitor, user and purchaser.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms of Use, which together with our Privacy Policy govern BooXkeeping’s relationship with you in relation to this website and its services. If you disagree with any part of these terms and conditions, please do not use our website or services. The term ‘BooXkeeping’ or ‘us’ or ‘we’ refers to BooXkeeping Corporation, the owner of the website and provider of services. The term ‘you’ refers to the visitor, user or viewer of our website and recipient of our services.
YOU (“THE CUSTOMER”) MUST CAREFULLY READ AND AGREE TO THE TERMS OF USE PRIOR TO VISITING THIS WEBSITE OR USING ANY OF BOOXKEEPING’S SERVICES.
Definitions
You will see the following terms throughout this document. These terms have meanings as defined below.
“Agreement” refers to these Terms of Use.
“BooXkeeping” refers to BooXkeeping Corporation. “BooXkeeping,” “We,” “Us,” or “Our” may be used interchangeably.
“Customer” refers to the individual visiting this website or purchasing BooXkeeping’s services. “Customer,” “You,” or “Your” may be used interchangeably.
“Applicable Law” refers to the laws of California, USA, which shall govern this Agreement.
“Service” or “Services” refer to the online financial services and related services offered by BooXkeeping.
“Credit Card Data” refers to the credit card holder’s primary account number, name, expiration date, and/or service code.
“Collaborator” is an authorized user of a Customer’s account with BooXkeeping.
“Non Personal Information” is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.
“Personally Identifiable Information” is non-public information that is personally identifiable to you and obtained in order for us to provide you services within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.
General
By using BooXkeeping’s services, you are agreeing and consenting to be bound by the Terms of Use without any modification or qualification. If you breach any of the Terms of Use, your access and permission to use BooXkeeping’s services will immediately cease and you must destroy any materials accessed from BooXkeeping’s website.
BooXkeeping may at any time modify the Terms of Use without advance notice, and your use of BooXkeeping’s services is subject to these modifications. While advance notice may not be provided, BooXkeeping will notify you of material changes through our Website, by a blog post, email, or any method we determine. Notification of a material change will include an option to opt out of the revised policy. Please note that if you choose to opt out, BooXkeeping’s services will no longer be available to you. We will also provide a “Last Updated” date at the beginning of this Agreement if a change is made. Any changes we make to our Agreement are effective as of this Last Updated date and replace any prior Terms of Use Agreements.
How to Withdraw Your Consent
If you decide you no longer wish to consent to the Terms of Use, you may withdraw your consent by clicking “withdraw consent” under your account settings. Withdrawing consent to the Terms of Use will prohibit any further use of BooXkeeping’s services.
Intellectual Property
BooXkeeping’s website, software and any accompanying documentation is owned and copyrighted by BooXkeeping and is protected by intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these Terms of Use. The Customer has no ownership interest in BooXkeeping’s software itself and is not permitted to copy or modify the software.
This website may also contain material which is licensed to us from third parties. All trademarks reproduced in this website, which are not the property of, or are licensed to the us, are acknowledged on the website. BooXkeeping maintains no intellectual property rights to any of your personal information disclosed in connection with BooXkeeping’s services.
Collaboration
You may provide a Collaborator and/or an authorized user, with access to your account information. Collaborator may perform tasks designated by you, such as, creating invoices and categorizing transactions. If the account is for a business or corporation, you represent and warrant that you have the right to provide access to the Collaborator(s).
The Collaborator is likewise required to provide consent to these Terms of Use. If the Collaborator does not consent to the Terms of Use or breaches the Terms of Use, the Collaborator will be denied access to your account and BooXkeeping’s services.
If the Collaborator misuses your Personally Identifiable Information, BooXkeeping is in no way liable for Collaborator’s conduct or any damages you may incur as a result of Collaborator’s unlawful actions.
Disclosure Information
Circumstances may arise under which BooXkeeping is required by law to disclose your Personally Identifiable Information. Such instances may include, but are not limited to the following: (a) to prevent fraud; (b) to provide our lawyers with relevant information for legal proceedings; or (c) to comply with a court order.
If BooXkeeping is required to disclose any of your Personally Identifiable Information, you will be notified of this disclosure.
Electronic Communications
You agree to receive all communications electronically. Communications may include, but are not limited to, this Agreement, annual disclosures, account statements and history, and tax statements. These communications will be sent via email to the primary email address registered in connection with BooXkeeping’s services. Whether you have opened the email or not, communications are considered received within 24 hours or BooXkeeping’s dispatch of the email. Communications posted to BooXkeeping’s Website are likewise considered received within 24 hours of BooXkeeping’s post.
It is your responsibility to ensure BooXkeeping has an accurate and current email address for communications and that you are able to receive, open, print, or download a copy of communications sent to you. If you no longer wish to receive communications via email, you must inform our customer support team. Customer’s withdrawal from electronic communications may prevent us from continuing to offer services to Customer. Alternately, you may be charged additional fees for paper copies.
Conditions of Usage
If you register an account with BooXkeeping, you agree to provide us with truthful and accurate information. By registering for BooXkeeping’s services, you consent to BooXkeeping’s use of any Personally Identifiable Information provided for the purposes set forth in our Privacy Policy.
It is your responsibility to keep your username, password, account details, and all information required in connection with BooXkeeping’s services private and current. Customer represents and warrants the registration of a business is authorized by the business. Additionally, Customer must provide us with contact information of at least one other person within the business. If the authorized representative who registered the business’s account leaves the business, we may be required to provide access to the account to another business representative. If this should occur, you agree to hold harmless and release BooXkeeping from any liability that may arise from granting such access.
You are responsible for all activities that occur under your account. You must notify BooXkeeping immediately of unlawful access or use of your account. You agree to hold harmless, release, and indemnify BooXkeeping from any loss or liability whatsoever or third-party claims, that may arise from unauthorized use of your account, whether it is with or without your knowledge.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Credit Card Data
BooXkeeping is responsible for the security of Credit Card Data collected, transmitted, stored, or processed by BooXkeeping on Customer’s behalf. BooXkeeping utilizes security measures to protect Credit Card Data. The Credit Card Data will be encrypted and will only be available in masked form once entered. BooXkeeping requires that Credit Card Data only be used as explicitly requested and stored in appropriate places to ensure security is maintained.
YOU AGREE NOT TO INPUT CREDIT CARD DATA INTO ANY OF BOOXKEEPING’S FORMS OR ENTRY FIELDS, OTHER THAN THOSE THAT EXPLICITLY REQUEST SUCH DETAILS.
By agreeing to these Terms of Use, you assume all responsibility for Credit Card Data entered in violation of this Agreement.
Prohibited Use
BooXkeeping’s services may only be used for lawful purposes. BooXkeeping’s services may not be used to further fraudulent conduct or any conduct that would give rise to liability. Customers may not sublicense, assign, or transfer the services. Customers may not restrict or prevent another user from utilizing BooXkeeping’s services. Further, Customer is prohibited from attempting to unlawfully gain access to another user’s account by any means.
Customers may not upload excessive material or use BooXkeeping’s services in a manner that hinders performance of BooXkeeping’s website or impairs BooXkeeping’s servers. Additionally, customers are prohibited from uploading any files that may contain viruses or any other harmful elements that may damage the function of another computer. All materials uploaded must comply with applicable laws.
Customers are prohibited from conduct that would in any way violate BooXkeeping’s intellectual property rights or the intellectual property rights of others.
Customers may not advance any commercial interest, falsify or alter information on BooXkeeping’s software or website, violate applicable laws, create a false identity, or utilize BooXkeeping’s services under false pretenses. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Financial Institutions
Online services, such as online banking, are offered by independent financial institutions, not by BooXkeeping. You agree to hold harmless and release BooXkeeping from any liability in connection to your use of such online services. These third-party providers may limit services in accordance with their own terms and conditions. You represent and warrant that you are authorized to provide BooXkeeping with Personally Identifiable Information, and other details that may be required to access third-party accounts in connection with BooXkeeping’s services.
Information Received by Third Parties
While using BooXkeeping’s Services, you may be directed to websites maintained by third-party providers. Certain Services offered by BooXkeeping operate in conjunction with, and are dependent upon, application programming interfaces (“APIs”) from third parties. If such third-party services cease to be available to BooXkeeping on reasonable terms, BooXkeeping may in turn cease to provide those third-party services to you without a refund or alternate compensation. Customer’s only recourse will be to cease using BooXkeeping’s services. Further, with Customer’s authorization, BooXkeeping may grant third-parties access to a portion or all (depending on the extent of your consent) of customers private information through BooXkeeping’s own API to use solely in connection to BooXkeeping’s services. You acknowledge that such third-party websites and services are independent of BooXkeeping, and that BooXkeeping is not liable in regards to your use or inability to use their products or services. Additionally, BooXkeeping retains the right, at any time and without notice to you, to discontinue providing BooXkeeping’s API to such third-party services. You acknowledge that any use of the services offered from such third-parties is solely at your own risk. Further, you acknowledge that use of such third-party services is subject to the terms and conditions established by such parties. You expressly hold harmless and release BooXkeeping from any liability whatsoever arising out of your use or inability to use products and services offered by such third-party providers, regardless of whether your use was in connection to BooXkeeping’s services. While BooXkeeping may make available such third-party services, BooXkeeping in no way endorses, warrants, or makes any representation as to the quality, fitness, accuracy, or lawfulness of the third-party provider’s services or products.
BooXkeeping’s services allow you to authorize BooXkeeping to access and retrieve your financial information from third parties, such as banks, so you may then conduct a variety of financial transactions using BooXkeeping’s services. These transactions may include, but are not limited to, accepting and making payments, bank deposits, and filing tax returns. Customer is solely responsible for ensuring the accuracy of any information acquired from such third parties.
Software Notice
If Customer is required to download or use software in connection with BooXkeeping’s services, Customer must first consent to the license agreement relating to such software. The software downloaded is governed by these Terms of Use.
Privacy
BooXkeeping’s Privacy Policy is incorporated into this Agreement.
Termination of This Agreement
BooXkeeping may, with notice to the Customer, terminate this Agreement and Customer’s use of BooXkeeping’s services at any time and for any cause. If services are terminated due to Customer’s breach of the Terms of Use, no notice is required. Customer may terminate this Agreement by closing Customer’s account. If the Customer is a company, services may be terminated upon receipt of an order for winding up of the business, other than for the purposes of amalgamation, merger, or reconstruction, or upon an agreement made with the creditors.
Disclaimer
Any listing and/or posting of third-party promotional information and/or materials, including, but not limited to, any subpage(s), copy, software, scripts, and/or data should not be construed as an endorsement by BooXkeeping. Any further information and/or support for all third-party information and/or materials listed and/or posted herein are provided directly by the respective third party. Because the Internet is not a secure network, BooXkeeping recommends that any materials downloaded from this website be checked for computer viruses prior to use so as to avoid any potential damage to your system, software, and/or data. Third-party vendors may track visitors by placing “cookies” in your browser.
Warranty
THE INFORMATION AND/OR MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” , WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
UNDER NO CIRCUMSTANCES SHALL BOOXKEEPING’S LIABILITY RELATED TO ANY OF BOOXKEEPING’S SERVICES EXCEED THE FEES ACTUALLY PAID BY CUSTOMER FOR THESE SERVICES.
UNDER NO CIRCUMSTANCES SHALL BOOXKEEPING BE LIABLE FOR ANY DAMAGES WHATSOEVER DERIVED FROM OR RELATED TO THE USE OR INABILITY TO USE THE BOOXKEEPING’S SOFTWARE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF BOOXKEEPING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOXKEEPING DISCLAIMS, AND EXPRESSLY DOES NOT PROVIDE ANY REPRESENTATION (DIRECT, INDIRECT, EXPRESS, OR IMPLIED) OR WARRANTY AS THAT THE SOFTWARE AND FUNCTIONALITY WILL: (A) MEET CUSTOMER’S REQUIREMENTS AND EXPECTATIONS; (B) BE ERROR-FREE, OR; (C) FREE OF VIRUSES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO USE BOOXKEEPING’S SERVICES AT YOUR OWN RISK. YOU AGREE TO INVESTIGATE WHETHER BOOXKEEPING’S SERVICES ARE SUITABLE FOR YOUR INTENDED PURPOSE. CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE 1542 IN RELATION TO ANY RELEASE PROVIDED BY YOU IN THESE TERMS OF USE, INCLUDING THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Severance
If any of these Terms of Use are deemed unenforceable, the remaining Terms of Use shall survive and continue to be binding and enforceable.
Governing Law
This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of California, as well as Federal Laws of the United States.
CUSTOMER ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS ACCEPTING AND AGREEING TO THESE TERMS OF USE.
If at any time you feel we are not following these Terms of Use, please contact us immediately at info@booxkeeping.com.
