Thank you for selecting the Services offered by Peacksoft Pte. Ltd. and/or its subsidiaries and affiliates (referred to as "Peacksoft", "we", "our", or "us"). review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Peacksoft. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Peacksoft”s online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference.
2.1 You are only granted the right to use the Services and only for the purposes described by Peacksoft. Peacksoft reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Peacksoft grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not.
For Services offered on a payment or subscription basis, the following terms apply, unless Peacksoft or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
Peacksoft has made a free trial available to you depending on requirement and agreed time in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, Peacksoft will refund the amount paid towards your subscription in full provided the request for refund is received within 60 days of purchase.
You can view Peacksoft Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Peacksoft Privacy Statement, and any changes published by Peacksoft. You agree that Peacksoft may use and maintain your data according to the Peacksoft Privacy Statement, as part of the Services. You give Peacksoft permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Peacksoft services. For example, this means that Peacksoft may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Peacksoft is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant Peacksoft a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Peacksoft is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
6.2 Peacksoft may freely use feedback you provide. You agree that Peacksoft may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Peacksoft a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Peacksoft in any way.
6.3 Peacksoft may monitor your Content. Peacksoft may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Peacksoft or its customers, or operate the Services properly. Peacksoft, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.1 Peacksoft does not give professional advice. Unless specifically included with the Services, Peacksoft is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Peacksoft services. You may be offered other services, products, or promotions by Peacksoft ("Peacksoft Services"). Additional terms and conditions and fees may apply. With some Peacksoft Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Peacksoft permission to use information about your business and experience to help us to provide the Peacksoft Services to you and to enhance the Services. You grant Peacksoft permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Peacksoft permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. Peacksoft may be required by law to send you communications about the Services or Third Party Products. You agree that Peacksoft may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Peacksoft if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8.1 Your use of the Services and Content is entirely at your own risk, except as described in this agreement, the Services are provided AS IS to the maximum extent permitted by applicable law, Peacksoft, its Affilates, and its third party Providers, Dstributors, disclaim all warranties, express or implied including any warranty that the Service are fit for a particular purpose, title, merchantability, data loss, non interference with or non infringement of any intellectual property rights, or the accuracy, reliability, quality or content or linked to the services Peacksoft and its Affilates and Suppliers do not warranty that the Services are secure , free from bugs, viruses, interruptions, errors, theft or destruction if the exclusions for implied warranties do not apply to you, any implied warranties do are limited to 60 days from the date of purchase or delivery of the Services, whichever is sooner.
8.2 Peacksoft, its Affilates and Suppliers disclaim any representations or warranties that your use of the Services will satisfy or ensure compliance with any legal obligations or laws or regulations.
You are solely responsible for ensuring that your use of the services is in accordance with applicable law, not withstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusions or limitation is prohibited by the applicable laws of Singapore and for the avoidance of oubt Peacksoft does not exclude liability for (1) Death or personal injury caused b its negligene or the negligence of the officers, employees, contractors or agents (II) Fraud or Fraudulent misrepresentation (III) any other liability which cannot be lawfully excluded by the contractual agreement of the parties.
To the maximum extent permitted by applicable law, the entire liability of Peacksoft, its Affilates and Suppliers for all claims relating to this agreement shall be limited to the amount you paid for Services during the twele(12) months prior to such claim subject to applicable law, Peacksoft, its Affilates and Suppliers are not liable for any of the following
(A) Indirect, special incidental, punitive or consequential damages.
(B). Damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, losses of business, revenue, profits or investment, or use of software or hardware that does not meet Peacksoft system requirements, the above limitations apply even if Peacksoft and its Affilates and Suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Peacksoft, its Affilates and your exclusive remedy with respect to the services and its use.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF. You agree to indemnify and hold Peacksoft and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Peacksoft reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Peacksoft in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Peacksoft may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Peacksoft’s rights to any payments due to it. Peacksoft may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Services and the underlying software may include Singapore technical data subject to restrictions under export control laws and regulations administered by the Singapore government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
This Agreement will be governed by the laws of Singapore, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Peacksoft’s or its Suppliers’ intellectual property rights may cause Peacksoft irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Peacksoft shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Peacksoft’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Singapore and you agree that you will procure that any third party making a claim against Peacksoft arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement. Peacksoft does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Peacksoft prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and Peacksoft and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Peacksoft. However, Peacksoft may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Peacksoft or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Peacksoft via an email to. email@example.com.
By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Peacksoft that he/she has full power and authority to enter into this Agreement on your behalf. If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the Peacksoft FinAcct Online Services.
The PFA Online Service is licenced on a monthly or yearly subscription basis, as selected by you or your agent. • a. Additional Payment Terms. 1. I. Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Peacock Consulting Private Limited. on behalf of Peacksoft Pte. Ltd. or by Peacksoft Pte. Ltd., depending on the type of payment method used for the purchase of the goods and/or services. 2. II. In the event you choose to pay with credit card and the payment will be processed via a CC Avenue, these terms are an agreement between you and Peacksoft Pte. Ltd. For any other type of purchases, these terms are an agreement between you and Peaksoft Pte Ltd and goods and/or services will be delivered by Peaccock Consulting Pvt. Ltd. directly.
If you registered for a trial use of the PFA Online Service ("Trial Period"), you must decide to purchase a license to the PFA Online Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the PFA Online Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the PFA Online Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the PFA Online Service during the trial period, if you decide not to purchase the license to the full version of the PFA Online Service, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, Peacksoft may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the PFA Online Service for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Peacksoft is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
You acknowledge and agree that in order to provide you with access to and use of the PF Online Services, Peacksoft may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Peacksoft to effectuate such replacement. Any other person You identified as an authorized user of the PF Online Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
Peacksoft shall have the right, in its sole discretion and with reasonable notice posted on the PFA Online Service site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the PFA Online Service and establish or change limits concerning use of the PFA Online Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the PFA Online Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the PFA Online Service in a given period of time. Peacksoft reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the PFA Online Service to which such changes relate. Your continued use of the PFA Online Service will constitute your acceptance of and agreement to such changes. Peacksoft may, from time to time, perform maintenance upon the PFA Online Service resulting in interrupted service, delays or errors in the PFA Online Service. Peacksoft will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the PFA Online Service only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the PFA Online Service. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
Peacksoft may tell you about third party products or services, including via the Service. Peacksoft may offer products and services on behalf of third parties who are not affiliated with Peacksoft (“Third Party Products”) and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. . Peacksoft is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Peacksoft in any way. You agree that the third parties, and not Peacksoft, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Peacksoft will not be liable for any damages, claims or liabilities arising from the third parties.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Peacksoft or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.