SKU details, place of purchase and activation of License:
- The SKUs offered for subscription are TallyPrime Silver, TallyPrime Gold and TallyPrime Server.
- This North America license for “TallyPrime” can be accessed and procured from any location online.
- The license may also be activated and used all across the globe, even though it is primarily intended for US and Canada customer-base (referred to as North America).
Definitions
- Company: Tally Solutions Private Limited, a company incorporated in the Republic of India.
- Customer, User, You, Your: shall mean any individual, entity or organization, having entered into any commercial transaction with Tally and whose data is being collected.
- Tally Partners or Suppliers: shall mean businesses who are authorized to sell Tally Products and Services by Tally.
- Personal Data, Data: refers to all the personal non anonymised data provided by the Customer
- Software: Each product available consists of an ACTIVATION KEY and one or more COMPONENTS (executables, documentation files, help files, language support dictionaries, data conversion and management utilities, edition management utilities, installers, scripts and or other binaries/ files).
- Extension:Extending and/ or enhancing and/ or modifying the working of the software is called extension. Extensions are allowed exclusively through the use of APIs (Application Programming Interface) published by the company for the purpose of extending and/ or enhancing and/ or modifying the interface and/ or data handling capability and/ or operational processes. The terms customization, extension, add-on, module, and other similar terms may be used to denote the extensions made to the interface and/ or data handling capability of the software.
- Documentation: It means user manuals, training materials, Product descriptions and specifications, technical manuals, license agreements, supporting materials and other information relating to Products or Services offered by TALLY, whether distributed in print, electronic, CD-ROM or video format.
- Price List:It means the price list(s) published at tallysolutions.com applicable to the relevant TALLY’s entity to which each Purchase Order is issued by Customer. Products on the Price List are categorized, and discounts provided by TALLY will vary by category.
- Product:It means, individually or collectively as appropriate, Software and Documentation listed on the then-current Price List.
Scope
These Terms of Use set forth the terms and conditions for Customer’s Purchase / Subscription and use of Products and Services.
Proper & Agreed Use
Tally’s products and services may be used according to these terms, and Customer agrees not to:
- Use the Software for any purpose other than Customer’s internal business use;
- Resell or make available to any third party, without a validly issued reseller certifications or distribution rights granted by Tally;
- Alter, modify, translate, decompile, disassemble, or reverse-engineer the Software or create any derivative work based upon the Software;
- Remove or obscure any copyright or trademark notices from the Software;
- Use the Software in excess of the limitations set forth in this agreement, or the number of users or computers authorized by the activation key.
Term & Termination
- These Terms of Use shall commence on the date when the software is activated and shall continue throughout the period of subscription / purchase, or until terminated. Upon termination, all copies of software and related documentation shall be destroyed. Other provisions such as Disclaimers, limitation of liability, remedies, shall survive termination.
- If a party breaches any of the provisions of these Terms of Use, the non-breaching party may terminate these Terms of Use as follows: (i) immediately upon providing written notice to the breaching party if the breach is not capable of being cured, and (ii) thirty (30) days after providing written notice to the breaching party if the breaching party fails to cure such breach within such thirty (30) day period.
Prices
- Prices for Products shall be those specified in Tally’s then current Price List, less any applicable Price List category or individual Product based discount(s) granted by Tally in a separate addendum in effect at the time of acceptance of the Purchase Order by Tally.
- All prices are exclusive of any freight, handling and shipping insurance charges, taxes, fees and duties or other similar amounts. Customer shall pay any taxes related to Products or Services, provided pursuant to these Terms of Use(except for taxes based on Tally’s net income) or shall present an exemption certificate acceptable to all relevant taxing authorities. Applicable taxes shall, to the extent practical, be billed as a separate item on the invoice.
Payment
The software activation key shall be delivered after complete payment is done. However, due to the technical glitch if the amount is deducted from your bank account and you do not receive the activation key, the same shall be reversed within due course of time and the Customer may initiate a new transaction. If the same is not reversed, then, please contact your respective bank or you may contact our customer care centre also and we would be happy to help you out. However, this would not be applicable for customers availing the product on payment via easy monthly instalments. There are various other means of payments in flexible way and transaction charges also shall be applicable. Taxes shall be applicable extra as prescribed by the state laws.
General
This Agreement shall be governed by and construed in accordance with the laws of the India
Delivery, Cancellation & Refund Policy
- We ensure that all purchases/subscriptions made online will be delivered to you within 24 hours. Once the payment is cleared, an email is automatically sent to your email address with download instructions along with invoice. We suggest you save the invoice you received in your mailbox.
- Products/Services once ordered cannot be cancelled except when the purchase/subscription made, does not meet customer needs and specifications. The Customer shall then initiate the return process. However, Tally may at its sole discretion consider accepting return of a product/service and grant of part or full refund, depending on the circumstances of each case.
Warranty
The software is provided "as is" without warranty of any kind. All express, implied or statutory conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the maximum extent allowed by applicable law. Neither tally nor its licensors shall be liable for your action, or failure to act, in reliance on any information furnished as part of the software. You are solely responsible for maintaining the security of your network and computer systems. Neither tally nor its licensors represent, warrant, or guarantee that (a) security threats, malicious code and/or vulnerabilities will be identified, or (b) the content will render your network and systems safe from malicious code, vulnerabilities, intrusions, or other security breaches, (c) every vulnerability on every tested system or application will be discovered, or (d) there will be no false positives.
Customer Remedies
Tally and its suppliers’ entire liability and your exclusive remedy shall be at the option of Tally, either (a) return of the price paid on giving the proof of having removed the software, from all computers where it was loaded, or (b) repair or replacement of the software, that does not meet limited warranty of the company, and which is returned to the supplier with a copy of the proof of purchase/subscription.
The limited warranty is void if the failure of the software has been caused by – virus, any other software or process on the computer of the customer, improper use, accident, theft, abuse, or misapplication of the software. Any replaced software will be warranted for the remainder of the original warranty period or 30 (thirty) days whichever is longer.
Limitation of Liability
In no event shall Tally and its suppliers liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including but not limited to damages for loss of profits, loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatever) arising out of or in any way related to the use of or inability to use the software, or failure to provide support or other services, information and related content through the software, or otherwise arising out of the use of the software, even if the company or any supplier has been advised of the possibility of such damages.
Disclaimer
Other than the express, limited warranties set forth above, tally expressly disclaim to the fullest extent permitted by law all other representations, warranties, conditions, and guarantees, of any kind or nature whatsoever, whether express, implied, and statutory, including but not limited to any warranties, conditions, or guarantees (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement of proprietary or intellectual property rights of any third party, and (iv) arising from custom or trade usage or by any course of dealing or course of performance. You understand and agree that: (1) the utility of a business management computer program decreases as technology evolves and the business environment changes, (2) you are free to decide, and are responsible for deciding, when to upgrade your software, and (3) tally disclaims any responsibility to deliver later-released software or otherwise render any customer support services unless included in a service plan that you have paid for in full.
Changes & Modification
We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our website for the Services or when we notify you by other means. The Changes shall be periodically intimated to you and your continued use of the Services indicates your agreement to the modifications.
Disputes & Jurisdiction
- In the event of dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this document, or in any way connected with the use or inability to use the software, the same shall be referred to the sole arbitration or a person to be appointed by Tally, and the decision of the arbitrator will be final and binding on all parties. The arbitration proceedings shall always be held in the Republic of India. All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the Republic of India.
- By entering into this agreement and agreeing to arbitration, you agree that you and Tally are each waiving the right to file a lawsuit and the right to a trial by jury. in addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. you agree that you have expressly and knowingly waived these rights.
Entire Agreement and Severability
These Terms of Use represents the complete and exclusive understanding between You and Tally regarding Your purchase/subscription and use of the Software, and supersedes any prior purchase order, confirmation, advertising, representation, or other communication. If any provision of these Terms of Use is found to be void, invalid, or unenforceable, it shall be severed from and shall not affect the remainder of these Terms of Use, which shall remain valid and enforceable.
