The use of this website, Kesans.com/Kanakbooks.com/Kanakbooks.in, and any and all services on these websites, provided by Kesans Software Solutions (OPC) Private Limited (hereinafter “Kesans” or the “Company”), are subject to the following Terms of Service Agreement (hereinafter the “Agreement”), all parts and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all sections, subsections, pages, and screens on the website (“Website” or “Kanakbooks”) and any services provided by Kesans or on Kanakbooks (“Services”).
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use constitute a binding and enforceable agreement between the User and the Company. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Kesans for other services.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
The Kanakbooks website is an online platform and cloud-based product, for use in the online financial accounting and bookkeeping services needed by small and medium-sized businesses. Although not to be considered an exhaustive list of services, Users on Kanakbooks may, for their business, connect bank and investment accounts, upload sales and purchase information, track cash flow and expenses, and keep track of company-wide contacts. Generally, the primary User for an account on Kanakbooks will be a business owner or administrator. Such primary User may then invite additional Users within their business to use and access Kanakbooks.
Should you, as a User of Kanakbooks, choose to link any external websites or services (collectively, “External Websites”) to Kanakbooks, including but not limited to bank websites, you acknowledge and agree that your use of those External Websites is subject to the Terms Of Service or other User agreements of those External Websites alone, and that Kesans has no control over, or responsibility for, your relationships with those External Websites and other service providers.
We reserve the right to modify, revise, or otherwise amend this Terms of Service at any time and in any manner. Unless we specifically obtain your consent, any changes to the Terms of Service will only impact the Services on or after the date of the change. It is your responsibility to periodically check this page for any such modification, revision, or amendment. Any changes made are assumed to have been accepted by your continued use of Kanakbooks. However If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Kesans notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Kesans has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Kesans may terminate your user account and refuse current or future use of any or all of the Services.
To use Kanakbooks or any of the Services thereupon, you will be asked to register with us for your organization. When you register, the Company may collect information such as, but not limited to, your name, primary email address, and organization information.
You and your organization are responsible for ensuring the continued accuracy of this information. This information will enable you to use Kanakbooks and the Services. You must not share such identifying information with any third party, and if you discover that your information has been compromised, you agree to notify us immediately in writing. An email notification will suffice to legal@kesans.com.
You and your organization are responsible for maintaining the safety and security of your information, as well as keeping us apprised of any changes to your information. Providing false or inaccurate information, or using Kanakbooks or the Services to further fraud or unlawful activity, is grounds for immediate termination of your account and this Agreement with you.
For additional information regarding our collection of information, please refer to our Privacy Policy.
If you elect to avail a 30-day free trail, available on Kanakbooks. At the near-expiration of the trial, you will receive email communications reminding you to upgrade to paid service.
After the trial has ended and you elect to continue your subscription, you will be asked for, and must provide, payment and billing information for your business, including, but not limited to additional payment related information used by the third-party payment processors to collect and store billing information.
You will pay the annual subscription amount required to access the Service. The first payment will be made at the conclusion of the trial period, upon your provision of valid payment information. Subsequent yearly payments will be made as described to you during the account check-out process.
If Kesans attempts to charge your listed pay account and is not able to receive valid payment, we will first attempt to contact you through email. To avoid interruption of Services, if you do not keep your payment and billing information up-to-date, we may, through your card provider and services they provide, attempt to independently update your information. You hereby authorize us to do so and to continue charging you for the agreed-upon amount.
If you fail to pay annual subscription charge we will remove your account and related information in 30 days time from the date of expiry. We might make attempts to contact you intimating for backing up of your data before we remove your data from our servers.
Kesans may, from time-to-time, offer you promotional payment information or discounts, in our sole and exclusive discretion. If we do so, you acknowledge and agree that we are under no obligation to continue offering or providing such promotions or discounts and that we may cease such promotions or discounts at any time.
At our sole and exclusive discretion, we may offer additional Services, or we may update, modify, or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified, or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the Kanakbooks website and Services immediately.
Kesans is based in the state of Kerala, in India. We provide Kanakbooks for use only by persons located in India. We make no claims that the Website or any of its content is accessible or appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with local laws.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Kesans the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Kesans’s commercial, marketing or any similar purpose. But you grant Kesans permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
The Company does not accept responsibility for the security of your account or content. While Kesans attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the internet is completely secure. Thus, you agree that your use of Kanakbooks or Services is at your own risk.
You agree not to undertake any of the following actions:
Kesans may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Kesans makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Kanakbooks logo and the name are trademarks of Kesans. You agree not to display or use, in any manner, the Kesans trademarks, without Kesans’s prior permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. KESANS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KESANS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KESANS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT KESANS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KESANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KESANS’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Kesans, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Kesans.
Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Thiruvananthapuram in accordance with the laws of India without regard to conflict of law principles.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@kesans.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Kesans breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this Agreement, please contact us at legal@kesans.com.