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Terms and conditions

Your use of the 360 Business Ventures products, the product’s website at 360CloudAccounting.com and any other application, software, services, websites and other related services provided by us, 360CloudAccounting.com (collectively “Services”) is subject to the terms set out below and any other terms applicable to the Services from time to time (collectively the “Terms”).

“We” or 360 Business Ventures is a Canadian corporation based in 77 Quebec Avenue. Toronto, On M6P 2T4, Canada

1. Definitions:

Except to the extent expressly provided otherwise, in this Agreement:

“Subscriber” means a customer of 360 Business Ventures and user of the platform www.360CloudAccounting.com.

“Provider” means 360 Business Ventures; owner and proprietor of the 360cloudaccounting.com platform;

"Account" means an account enabling a person to access and use the Hosted Services on 360cloudaccounting.com including both administrator accounts and user accounts;

"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;

“Content” mean All information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement in the Services, is called “Content”. Content provided by Users, whether they are Subscribers, customers of Subscribers or other Users, is called “User Content”.

"Business Day" means any weekday other than a bank or public holiday in Canada;

"Business Hours" means the hours of 09:00 to 17:00 EST on a Business Day;

"Charges" means the prices as indicated on our website 360CloudAccounting.com

"Customer Data" means all data, works and materials: uploaded to or stored on 360cloudaccounting.com by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer;

"Documentation" means the documentation uploaded by the customer for the Hosted Services and documentation produced by the Provider and delivered or made available by the Provider to the Customer;

"Effective Date" means [the date of execution of this Agreement];

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including [failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars]);

"Hosted Services" means 360CloudAccounting.com which will be made available by the Provider to the Customer as a service via the internet in accordance with this Agreement;

"Hosted Services Defect" means a defect, error or bug in the Platform having an adverse effect on the appearance, operation, functionality or performance] of the Hosted Services, but excluding any defect, error or bug caused by or arising as a result of:

(a) Any act or omission of the Customer or any person authorized by the Customer to use the Platform or Hosted Services;

(b) Any use of the Platform or Hosted Services contrary to the Documentation, whether by the Customer or by any person authorized by the Customer;

(c) A failure of the Customer to perform or observe any of its obligations in this Agreement; and/or

(d) An incompatibility between the Platform or Hosted Services and any other system, network, application, program, hardware or software not specified as compatible in the Hosted Services Specification

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Maintenance Services" means the general maintenance of the Platform and Hosted Services, and the application of Updates and Upgrades;

"Mobile App" means the mobile application known as Cloud Accounting that is made available by the Provider through [the Google Play Store and the Apple App Store];

"Platform" means the platform managed by the Provider and used by the Provider to provide the Hosted Services including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;

"Schedule" means any schedule attached to the main body of this Agreement;

"Services" means any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under this Agreement;

"Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services;

"Supported Web Browser" means the current release from time to time of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees in writing shall be supported;

"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;

"Update" means a hotfix, patch or minor version update to any Platform software; and

"Upgrade" means a major version upgrade of any Platform software.

2. Privacy Policy

In general, the customer can use some of the Services without giving the provider any information. Some of the Services do, however, require that the provider receive information about the customer. Some of the information that the providers collects will be “Customer Data”.

The provider may use information about the subscriber for any of the following purposes: to register the subscriber for the Services; to administer the Services and to allow the subscriber to use the Services; for assessment and analysis of the market, customers, products and services; to enable the provider to monitor, review and improve the products and services that the provider offer; for internal record keeping; and for marketing purposes.

The provider collects information about the customer using various methods, including when the customer submits it through the Services and when done via email, phone or fax, or correspond with the provider by means other than through the Services. The provider will not retain information about the customer for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law.

The provider will not disclose customer Data to any third parties without his consent, except to a company of the 360 Business Ventures group; where it is necessary to enable any of the provider’s employees or commercial partners to provide a service to 360 Business Ventures or to perform a function on the behalf of the provider; or if the provider is required to or is permitted to do so by law. For any disclosure of the customer data to any third party, 360 Business Ventures will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use the customer Personal Data for any purpose other than purposes that the ones specified and in accordance with the purposes outlined in this policy, and keep it secure.

The provider may use information about the customer in order to provide him with information about products, promotions, and other such information that the provider believe may be of interest to the customer if the latter selects to receive such information by email and/or post when you completing the registration process. The customer can change his mind about his preferences in respect of direct marketing by using the unsubscribe information on every such mailing or by updating his user profile.

360 Business Ventures will act as the data controller.

3. Customer Data:

The Customer hereby grants to the Provider a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under this Agreement, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under this Agreement.

The Customer warrants to the Provider that the Customer Data when used by the Provider in accordance with this Agreement will not infringe the Intellectual Property Rights or other legal rights of any person and will not breach [the provisions of any law, statute or regulation in any jurisdiction and under any applicable law.

The Provider shall create a back-up copy of the Customer Data at least [daily], shall ensure that each such copy is sufficient to [enable the Provider to restore the Hosted Services to the state they were in at the time the back-up was taken], and shall [retain and securely store each such copy for a minimum period of 30 days].

In general, the customer can use some of the Services without giving the provider any information. Some of the Services do, however, require that the provider receive information about the customer. Some of the information that the providers collects will be “Customer Data”.

The provider may use information about the subscriber for any of the following purposes: to register the subscriber for the Services; to administer the Services and to allow the subscriber to use the Services; for assessment and analysis of the market, customers, products and services; to enable the provider to monitor, review and improve the products and services that the provider offer; for internal record keeping; and for marketing purposes.

The provider collects information about the customer using various methods, including when the customer submits it through the Services and when done via email, phone or fax, or correspond with the provider by means other than through the Services. The provider will not retain information about the customer for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law.

The provider will not disclose customer Data to any third parties without his consent, except to a company of the 360 Business Ventures group; where it is necessary to enable any of the provider’s employees or commercial partners to provide a service to 360 Business Ventures or to perform a function on the behalf of the provider; or if the provider is required to or is permitted to do so by law. For any disclosure of the customer data to any third party, 360 Business Ventures will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use the customer Personal Data for any purpose other than purposes that the ones specified and in accordance with the purposes outlined in this policy, and keep it secure.

The provider may use information about the customer in order to provide him with information about products, promotions, and other such information that the provider believe may be of interest to the customer if the latter selects to receive such information by email and/or post when you completing the registration process. The customer can change his mind about his preferences in respect of direct marketing by using the unsubscribe information on every such mailing or by updating his user profile.

360 Business Ventures will act as the data controller.

4. Registration Data; Account Security

If the customer registers for the Services on the hosted services platform, he agrees to (a) provide accurate, current and complete information (“Registration Data”); (b) maintain the security of his password; (c) maintain and promptly update the Registration Data, and any other information provided to 360 Business Ventures, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information provided to 360 Business Ventures. The customer is responsible for all activity on his account on www.360CloudAccounting.com, and for all charges incurred by his 360CloudAccounting account.

5. Fees and Charges

Fees and any charges for the use of the Services are described on the Services’ website. They may change from time to time. If charges and fees change, the provider will give the customer at least 30 days’ notice. The continued use of the Services after the change indicates the customer’s agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

All Services purchased are non-transferable and non-refundable. The customer will not receive repayment for any Services he does not use even when he terminates his use of the Services with immediate effect during an already paid billing period.

6. Ownership, User Content, Copyright and Trademarks

Other than the User Content, the Services, all Content and all software available through the Services or used to create and operate the Services is the property of 360 Business Ventures or its licensors, and is protected by the Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

The provider has no responsibility or liability for the user content, or for any loss or damage the User Content may cause to other people. The user content is solely under the customer’s responsibility.

The Services may contain discussion forums, bulletin boards, review services or other forums in which the customer or third parties may post User Content. User Content submitted to any public area of the Services will be considered non-confidential.

The provider does not have any obligation to edit, change or remove the customer’s content. The provider has however have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Hosted Services. The provider may do this at any time and for any reason. The customer is solely responsible for maintaining copies of and replacing any User Content he posts or stores on the hosted Services.

7. Your Limited License of User Content to 360cloudAccounting.com

By posting or distributing User Content to or through the Hosted Services, the customer (a) grants 360 Business Ventures and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, sublicense, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time uses such User Content; (b) represents and warrants that (i) the customer owns and controls all of the rights to the User Content that he posts or otherwise distribute, or he otherwise have the lawful right to post and distribute that User Content, to or through the Hosted Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If you the customer sends information to 360 Cloud Accounting or post on the Services in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing of products or services incorporating such information, he acknowledges that 360 Business Ventures can use the User Submissions without acknowledgement or compensation to him, and the customer waives any claim of ownership or compensation or other rights he may have in relation to the User Submissions.

8. Our Limited License of Content to the customer

360 Business Ventures grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you trough the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) the customer may only view, copy and print such portions of the Content for hisr own use; (ii) he may not modify or otherwise make derivative works of the Services or the Content, or reproduce, distribute or display the Services or any Content (except for page caching) except as expressly permitted in these Terms; (iii) he may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) he may not use any data mining, robots or similar data gathering or extraction methods; and (v) he may not use the Services or the Content other than for its intended purpose.

9. Credit Card Information

360 Business Ventures does not store credit card information.

While 360 Business Ventures endeavours to ensure that all credit card and other confidential information remain secure, it can assume no liability of the reliability of hosting services, internet intermediaries, the customer’s internet service provider, and other service providers. When the customer uses 360 Cloud Accounting, he accepts that the provider is not liable for the security of your credit card information.

10. Force Majeure Event

If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:

(a) promptly notify the other; and

(b) inform the other of the period for which it is estimated that such failure or delay will continue.

A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

11. Warranty Disclaimer

The Services and the Content are provided to you on an “as is” basis without warranties from 360 Business Ventures of any kind, either express or implied. 360 Business Ventures expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 360 Business Ventures does not warrant or guarantee that the Services will be (i) compatible with all or any hardware and software which the customers may use; (ii) available all the time or at any specific time, uninterrupted, secure or error free; or (iii) suitable for the the customer’s requirements or meet any specific level of performance or functionality. 360 Business Ventures reserves the right to withdraw or modify the Services at any time.

While 360 Business Ventures attempts to make access to and use of the Services safe, 360 Business ventures does not represent or warrant that the Services or any Content

12. Questions and Comments

If the customer has any questions regarding these Terms or the use of the Services, please contact here:

360 Business Ventures Inc.

528-77 Quebec Av. Toronto, On, Canada M6P 2T4

Phone: +1 647 939 2128

Email: support[at]360CloudAccounting.com

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