Thank you for selecting the Services offered by Calico Infosystems Pvt.Ltd and / or its subsidiaries and affiliates(referred to as "Calico", "we", "our", or "us").Review these Terms of Service("Agreement") thoroughly.This Agreement is a legal agreement between you and Calico.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 FinBook Online Service provided to you on this website, including content, updates and new releases, (collectively, the“ Services”).It includes by reference:
Calico 's Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you
for the Services, including product or program terms, ordering, activation, payment terms, etc.
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws.You are only granted the right to use the Services and only
for the purposes described by Calico.Calico 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, Calico 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:
Provide access to or give any part of the Services to any unauthorized third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services available on any file - sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless Calico 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:
a. Payments will be billed to you by Calico and / or its vendor(s) in Indian Rupees, U.S.Dollars, or other currencies which may be made available(plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms.
b. Calico and / or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
c. Additional cancellation or renewal terms may be provided to you on the website
for the Services.
d. All authorized refunds will be made in the original form of payment to Calico or its vendor(s).
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible
for these requirements, including any applicable changes, updates and fees
for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
Calico MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
You can view Calico’ s Privacy Statement provided with the Services and on the website
for the Services.You agree to the applicable Calico Privacy Statement, and any changes published by Calico.You agree that Calico may use and maintain your data according to the Calico Privacy Statement, as part of the Services.You give Calico permission to combine information you enter or upload
for the Services with that of other users of the Services and / or other Calico services.Calico 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 Calico 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.Calico 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:
a.Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming"
others, or criminal or civil liability under any local, state, federal or foreign law;
b.Content that would impersonate someone
else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’ s privacy;
c.Except as permitted by Calico in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d.Virus, trojan horse, worm or other disruptive or harmful software or data;
e.Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Calico may freely use feedback you provide.You agree that Calico 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 Calico a perpetual, worldwide, fully transferable, sublicensable, non - revocable, fully paid - up, royalty free license to use the feedback you provide to Calico in any way.
6.4 Calico may monitor your Content.Calico may, but has no obligation to, monitor content on the Services.We may disclose any information necessary to satisfy our legal obligations, protect Calico or its customers, or operate the Services properly.Calico, 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 Calico does not give professional advice.Unless specifically included with the Services, Calico 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 Calico services.You may be offered other services, products, or promotions by Calico("Calico Services").Additional terms and conditions and fees may apply.With some Calico 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 Calico permission to use information about your business and experience to help us to provide the Calico Services to you and to enhance the Services.You grant Calico 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 Calico permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications.Calico may be required by law to send you communications about the Services or Third Party Products.You agree that Calico 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 Calico
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, Calico, its affiliates, and its third party providers, licensors, distributors or suppliers(collectively, "suppliers") disclaim all warranties, express or implied, including any warranty that the services 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 in or linked to the services.Calico and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction.If the exclusions
implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.
8.2 Calico, its affiliates 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.
To the maximum extent permitted by applicable law, the entire liability of Calico, its affiliates and suppliers
for all claims relating to this agreement shall be limited to the amount you paid
for the services during the twelve(12) months prior to such claim.Subject to applicable law, Calico, its affiliates 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, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Calico systems requirements.The above limitations apply even
if Calico and its affiliates and suppliers have been advised of the possibility of such damages.this agreement sets forth the entire liability of Calico, its affiliates and your exclusive remedy with respect to the services and its use.
You agree to indemnify and hold Calico 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"). Calico 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 Calico in the defense of any Claims.
This Agreement will be governed by the laws India(Subject to Hyderabad Jurisdiction) 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 Calico’ s or its Suppliers’ intellectual property rights may cause Calico irreparable damage
for which recovery of money damages would be inadequate.Accordingly, you agree that Calico 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 Calico’ s rights under this Agreement.The parties hereby submit to the exclusive jurisdiction India(Subject to Hyderabad Jurisdiction) and you agree that you will procure that any third party making a claim against Calico arising out of this Agreement shall bring such claim exclusively in the India courts and subject to the limitations and exclusions of liabilities provided
for in this Agreement.
Calico does not represent that the Services and / or content within the Services is appropriate or available
for use in all jurisdictions or countries. Calico 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.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Calico are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.
FinBook Online Supplemental Agreement and Terms of Service
for selecting FinBook Online Service This licence agreement in addition to the Calico Terms of Service(the "Agreement") is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start - up process("User", "you"), and Calico Infosystems Pvt.Ltd and / or its subsidiaries and affiliates("Calico,"
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 Calico 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 FinBook Online Service.
The FinBook Online Service is licenced on a monthly or yearly subscription basis, as selected by you or your agent.
If you registered
for a trial use of the FinBook Online Service("Trial Period"), you must decide to purchase a license to the FinBook Online Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the FinBook Online Service, created within the data file, posted or uploaded during the Trial Period.If you do not purchase a license to the FinBook Online Service by the end of the Trial Period, your Content will no longer be available to you.To be very clear, after using the FinBook Online Service during the trial period,
if you decide not to purchase the license to the full version of the FinBook 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, Calico may, at its sole discretion, include new and / or updated beta features("Beta Features") in the FinBook 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 Calico 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.
4.1.General.In connection with your use of the FinBook Online Service and as part of the functionality of certain versions of the FinBook Online Service, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s)(collectively, your "FI Login Data") and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s)("FI Account Data").The FinBook Online Service are designed to allow you to access and download your FI Account Data through the FinBook Online Service, to allow Calico to access your financial institution account(s) using your FI Login Data, to allow Calico to download and use your FI Account Data, and to allow Calico to aggregate and combine your FI Account Data with other data.If you lose or forget your user name or password, it will be necessary
for you to
return to the appropriate financial institution
if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, Calico has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the FinBook Online Service with your financial institution(s), and will have no liability whatsoever
for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the FinBook Online Service to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
4.2.Collection of FI Login Data and FI Account Data.By agreeing to these terms and conditions, you:
4.2.1. acknowledge that in accessing your financial institution account(s) through the FinBook Online Service, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by Calico in the United States
for the purpose of providing the FinBook Online Service;
4.2.2. authorize Calico to(i) collect and store in encrypted form your FI Login Data, (ii) access the financial institution(s)
' websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the \ FinBook Online Service;
4.2.3. hereby represent that the financial institution(s)
' account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, Calico as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
4.2.4. acknowledge that Calico does not review your FI Account Data and agree that Calico is not responsible
for its completeness or accuracy;
4.2.5. acknowledge that any transactions or informational activities performed at any financial institution(s)
' website are not made through the FinBook Online Service and Calico assumes no responsibility for any such transactions or activities; and
4.2.6. acknowledge that you are solely responsible
for any charges, fees or costs associated with your financial institution account(s) when accessed through the FinBook Online Service by you or by Calico.
4.3. Information from Financial Institutions ' Websites. You acknowledge that (i) some financial institution(s) may not permit Calico or other third parties to have access to FI Login Data or to allow the FinBook Online Service to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or Calico, that may affect the overall performance of the FinBook Online Service and prevent or delay aggregation of data from such websites; and (iii) the FinBook Online Service refreshes your FinBook Online Service account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Calico through the FinBook Online Service. If you see a discrepancy in your FinBook Online Service account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the FinBook Online Service, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the FinBook Online Service account data against your FI Account Data and manually update such data as necessary.
You may have the option
for Calico to transfer your data files from the FinBook Online Service in order to facilitate certain interoperability, data integration, and data access between the FinBook Online Service and certain supported ancillary services(the "Ancillary Services") you may sign up
for and use in connection with the FinBook Online Service(the "Online Data Transfer").In order
for you to select the Online Data Transfer option, you must(i) have registered select versions of the FinBook Online Service, (ii) have Internet access, (iii) have an active subscription to the FinBook Online Service;
Calico shall have the right, in its sole discretion and with reasonable notice posted on the FinBook 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 FinBook Online Service and establish or change limits concerning use of the FinBook Online Service, temporarily or permanently, including but not limited to(i) the amount of storage space you have on the FinBook Online Service at any time, and(ii) the number of times(and the maximum duration
for which) you may access the FinBook Online Service in a given period of time.Calico 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 FinBook Online Service to which such changes relate.Your continued use of the FinBook Online Service will constitute your acceptance of and agreement to such changes.Calico may, from time to time, perform maintenance upon the FinBook Online Service resulting in interrupted service, delays or errors in the FinBook Online Service.Calico 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 FinBook 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 FinBook Online Service.There are no refunds upon cancellation.Please follow product instructions to cancel your account.
Calico may tell you about third party products or services, including via the Service.Calico may offer products and services on behalf of third parties who are not affiliated with Calico("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.Calico 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 Calico in any way.
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 Calico or any other party;
and(iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.