I. Introduction.
1.1 This Online Services Agreement ("Agreement") is a contract between you and KADAKLAN (PROVIDER). This Agreement governs your use of Products and Services.
1.2 Be sure that you carefully read and fully understand this Agreement.
(A) You may use the PROVIDER’s Products and Services only if you agree to all the terms of the Agreement.
(B) You are considered to have agreed to all the terms of the Agreement if you check your acceptance of the terms of the Agreement during the creation of your account, or you otherwise access, copy, or use any Products and Services.
(C) You do not have the right to access and use the Products and Services if you do not agree to the terms of this Agreement.
II. Definitions of key terms
Products and Services - the Software, the Products and Services and any other PROVIDER’s product or service that you select, pay for, or use.
Software - hosted online and mobile version of the PROVIDER’S tax software and related functions provided.
Communications - all notices, disclosures (including those required by law), agreements, fee schedules, tax returns, records, documents, or other information we provide to you or that you sign or agree to relating to your use of Products and Services or your relationship with us.
Revenue Authority - the BIR and any applicable government authorities.
Tax Information - all your personal information, documents, and any other information used to prepare your tax return.
User - any person, natural or juridical or any entity recognized by law who registers to use the Products and Services
You – the User, and where the context permits, an Invited User. "Your" has a corresponding meaning.
III. Use of the Products and Services
3.1 Your licensed and permitted use. The PROVIDER grants you a non-exclusive, non-transferrable, non-sublicenseable, and limited license to access and use the Products and Services for your individual personal and/or internal business purposes under the terms, conditions, and limitations set forth in this Agreement and payment of all applicable fees. The PROVIDER reserves any and all rights not expressly granted to you in this Agreement.
3.2 Your account.
(A) Creating your account. You will be required to register and create an account with us to access certain features of the Products and Services. You will be assigned or will select a user name and password through the registration process. By creating an account, you consent to receive e-mail correspondence from The PROVIDER regarding your account or your use of the Products and Services.
(B) Accurate information. By registering or creating an account to use the Products and Services, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, or telephone number when registering for an account to use the Products and Services.
(C) Business Users. You represent and warrant through your registration and your use of the Products and Services that you have the authority of your company to participate and use the Products and Services on its behalf. Thus, you and your company are responsible for all activity occurring under your account.
3.3 Maintaining the security of your account. You are responsible for all use of the Products and Services under your account.
(A) Account protection. You are responsible for setting up and keeping confidential your account, username, password, federated login, and other sensitive information. You must take security precautions with at least reasonable and prudent care.
(B) Federated login protection. Federated login is an alternative method you may use to sign into your account to use the Products and Services. You may use alternative credentials from your facebook or google account to sign into your account.
1. You may choose to use or not to use federated login on your device at any time by signing into your account.
2. Only you may sign into your account. You must never allow others to sign in on your device.
(C) Unauthorized use of the Products and Services. You will notify us immediately of any unauthorized use of the Products and Services including use of your account, username, password, or any other security breach of which you are aware.
(1) Notification of unauthorized use. We will have no liability to you for any unauthorized access or transaction made using your account, username or password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
(2) Suspension of your account. If we suspect any unauthorized or fraudulent use, we may suspend or cancel your account, username or password even without receiving notice from you or report such use to the authorities.
(D) Your equipment. You are solely responsible for all device and network security for devices used to access and use the Products and Services, including but not limited to any active firewall, anti-virus software, and anti-spyware software necessary to secure and protect any proprietary or confidential information that you provide, store, submit, send, or disclose directly or indirectly with your use of the Products and Services.
(E) Confidentiality The PROVIDER ensures that all information is held as private and confidential. If in case the Bureau of Internal Revenue requests for data beyond the normal requirements / documentation that is submitted, we will refer them to the USER. We will only respond to requests for information from the authorized USER unless required by law.
3.4 Conditions of Use.
(A) Payment of Applicable Fee. Your use of the Products and Services may require you to pay a fee to The PROVIDER depending on Products and Services availed. Your use of certain Products and Services may be conditioned upon paying the applicable fee for such Products and Services. If The PROVIDER processes your payments using a third-party payment processor, such payments will be governed by the third-party payment processor's terms of use and privacy policy. If you obtain a Refund Transfer, your fees are not due until after all services are complete, which is typically when your refund is received and your authorized payments are disbursed, but in any event, no more than 30 days after your tax return is e-filed.
(B) Prohibited use. You must not, directly or indirectly use the Products and Services in a way that is a Prohibited Use which includes any of the following activities:
(1) re-distribute, sell, rent, loan, or otherwise transfer the Products and Services or any rights or benefits in the Products and Services to any other person or entity;
(2) share your username or password with any third party;
(3) use the Products and Services in any unintended manner;
(4) use the Products and Services for the benefit of any third parties;
(5) make the Products and Services available on a file-sharing service, application service provider, outsourcing basis, or service bureau basis;
(6) use the Products and Services to provide services for third parties, including but not limited to tax-related advice or consulting services, and preparation of any documents using the Products and Services for a third party;
(7) duplicate the Products and Services by any means;
(8) remove any proprietary notice, labels, or marks on the Products and Services, documentation, advice related to the Products and Services, or any work product generated from your use of the Products or Services;
(9) derive or attempt to derive the source code of the Products and Services;
(10) disable or circumvent any access control or related device, process, or procedure established with respect to the Products and Services;
(11) disassemble, modify, or reverse engineer the Products and Services;
(12) seek to derive the source code from any executable object code provided to you;
(13) modify, translate, or otherwise create derivative works based on any part of the Products and Services;
(14) use the Products and Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Products and Services;
(15) upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
(16) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(17) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment; and
(18) upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
(19) not use, or misuse, the Products and Services in any way which may impair the functionality of Software nor attempt to undermine the security or integrity of the computing systems or networks
(C) Minimum Age. You represent you are 13 years of age or older to use the Products and Services.
3.5 Responsibility for the accuracy and completeness of information.
(A) Tax returns you file. You will be the preparer of any tax return filed using the Products and Services. You have the sole responsibility and liability for reviewing and verifying all tax returns and results from the Products and Services for accuracy and completeness. You further acknowledge that the submitted tax returns and related information were accomplished through generally accepted accounting methods and computed as such.
(B) Information you provide. You represent that all information you provide is true and accurate and that you have the right to provide the information to us. You grant The PROVIDER a perpetual and royalty-free license to reproduce, use, store, and process any information that you provide, including Tax Information and other personal information, as necessary for The PROVIDER to provide the Products and Services, and in a de-identified and aggregated format throughout the world for any purpose. If you provide, or we reasonably believe you have provided, information that is false, incorrect, incomplete, pornographic, or improper, we have the right to delete the information, suspend any of your accounts, and refuse all current or future use of the Products and Services. You understand the necessity to supply personal information. You agree to supply all kinds of information to be used for any legitimate purpose by the PROVIDER in facilitating the filing and payment to the BIR in compliance with the provisions of Republic Act No. 10173 otherwise known as the “Data Privacy Act of 2012”.
(C) You certify that you have sufficiently prepared for participation in this activity, and that there are no health-related reasons or problems which preclude Your usage on the SOFTWARE and participation in this activity.
3.6 User Content.
(A) Definition. Some Products and Services may provide you the opportunity to contribute user content, with this, you will not provide any user content that is a prohibited use or that violates any intellectual property right of any third party.
(B) No Monitoring of user content. The PROVIDER does not assume any obligation to review, screen, or approve the user content. However, The PROVIDER may, in its sole discretion, remove any user content from a user area at any time and for any or no reason.
3.7 Your export restrictions. You will not export the Products and Services or other materials provided by us without obtaining The PROVIDER prior written consent.
3.8 Compliance with applicable laws. You are solely responsible for compliance with all applicable laws, statutes, ordinances, and governmental authority rules, including those related to data privacy, international communications and the transmission of personal data.
3.9 Unauthorized use of the Products and Services. You are responsible for all use of the Products and Services and compliance with this agreement. You have all responsibility and liability for any breach of this agreement by you or any user under your account.
IV. Your Access to Products and Services.
4.1 Cancelation or modification of Products and Services. We reserve the right to: change the Products and Services at any time, without notice, and for any reason; or cancel or terminate your use of the Products and Services if you violate this Agreement. We will not be liable to you or any third party for any modification or discontinuance of Products and Services.
4.2 Technical difficulties. We cannot always anticipate technical or other difficulties. These difficulties may result in loss of your data, personal settings, or other interruptions to the Products and Services. We have no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personal settings with the Products and Services.
V. Tax payments
5.1 The Software enables You to pay taxes through online platforms. The PROVIDER will only serve as intermediary for the payment of taxes. Once You confirms the transaction to proceed with the tax payment, neither it can be cancel nor reverse. All tax payments will be settled through agent banks and electronic apps duly accredited by the BIR. The availability and posting of payments may vary depending on the payment option You selected. Tax payments will be confirmed through a validation or system-generated notification from the collecting agent. Until such notification is received, the payment transaction will be deemed pending. All fees and charges imposed by the PROVIDER, its bank and payment partners are non-refundable.
The payment apps and other third party providers do not imply any endorsement by the PROVIDER of such third-party providers’ content, products, or services available therefrom. Third-party providers are provided on an “as is, where is” basis and the PROVIDER makes no representation or warranties whatsoever about any service, content and or any other resources provided by the third-party.
The PROVIDER shall not be responsible or liable for any loss or damage which may incur or suffer directly or indirectly arising out of or in connection with payments due to any reason whatsoever including but not limited to breakdown or malfunction of the computer, its terminal connection lines, data processing system or transmission line whether or not belonging to or any circumstances beyond control. The act of keying in of the password for the purposes of authorizing a payment, or unlocking for internet transactions, or payment made through bank and third-party provider’s application, platform or portal or channel shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed. Once the transaction has been authorized and consummated, THE PROVIDERS shall not be held liable for any undelivered and non-performance of services, defects, damages, and after-sales services of such services, any error in the amount keyed-in or entered, and/or any other dispute between You and the BIR arising from such payment.
VI. Liability, damages and indemnification
6.1 Exclusive remedy. Except as expressly permitted, your exclusive remedy and the entire liability of the PROVIDER with respect to your use of the services will be limited to the amount paid by you for the services. In no event will PROVIDER be liable to you, regardless of the form of action, whether in contract or in tort, including negligence, for any tax liabilities or any indirect, special, incidental, or consequential damages including, but not limited to, lost data, lost profits or business, loss of use, or for any claim or demand against you by any other party, even if the PROVIDER have been advised of the possibility of such damages. You agrees that the PROVIDER shall not be accountable for any damage or tax liability.
6.2 No additional liability. You agree that the PROVIDER will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may have as a result of: (1) your use of, or inability to use, the Products and Services; (2) your use of any documents generated by the Products and Services; (3) your retention of, or your failure to consult or retain, a competent professional with respect to any document or legal matter; (4) obtaining updates for the Products and Services; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Products and Services.
6.3 The Products and Services are not legal advice. You acknowledge that the PROVIDER do not practice law nor an accredited tax practitioner. You acknowledge and agree that your use of the products and services are not substitutes for the advice of a competent professional. You further acknowledge and agree the presence of risk of serious and severe social and economic losses including but not limited to the payment of fines, issuance of sanctions or imprisonment, further, that there may be other unknown risks not reasonably foreseeable at this time. The USER assumes all the foregoing risk and accepts personal responsibility and the resulting financial obligation for the damages following such serious and severe social and/or economic losses.
6.5 Indemnification. You agree to defend and hold harmless the PROVIDER and its respective current and former successors, assigns, officers, directors, representatives, employees, and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs, and expenses (including reasonable attorneys' fees and expenses) resulting from or arising out of your breach of this Agreement or your User Content.
VII. Consent to electronic communication.
7.1 Scope of consent. You agree that any communication we provide to you may be in electronic form, and that all communications in electronic format from us to you will be considered "in writing." Your consent to receive communications electronically applies to all communications relating to your use of the Products and Services or your relationship with us. You also agree that the PROVIDER does not need to provide you with an additional paper (non-electronic) copy of the communications unless specifically requested as described below.
Method of delivery. We may provide electronic communications to you in at least one of the following methods:
(A) via e-mail at the e-mail address you provided to us;
(B) by access to the primary taxpayer's account or other designated area of our website; or
(C) during your use of the Products and Services including, without limitation, via a screen or page within the Products and Services or via a link from within the Products and Services to a web page containing the communications.
7.2 Consent and updating information.
(A) Authorization. You understand that submission of information equates to signing a Special Power of Attorney permitting and authorizing the PROVIDER to estimate his/her tax dues and payments, and to pay/file/submit tax dues and payments to the Bureau of Internal Revenue, furthermore, the PROVIDER will issue tax computation based on the data that has been given and uploaded supporting documents. The receipt of completed documentation authorizes the PROVIDER to submit the application to the relevant revenue office. No cancelation of any submission to any tax authority can be done once it has provided the information and documentation needed. You are aware that upon submission of the accomplished BIR Form, it automatically becomes a public document, the production and use of which shall be governed by existing statutes.
(B) Update information. If you want to withdraw your consent to receive Communications electronically or your e-mail address changes, you must notify the PROVIDER. If you fail to notify of a change in e-mail address, any communications sent via e-mail will be deemed to have been provided or made available to you in electronic form.
(C) Result of withdrawing consent. If you choose to withdraw your consent to receive Communications electronically, then you may be unable to access certain features or functionality of the Products and Services. In some cases, your decision to withdraw your consent to receive Communications electronically may impede the functionality and features of the Products and Services to an extent that the PROVIDER terminates your License to use the Products and Services. You acknowledge that some notices may be "one-time" notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.
VIII. Termination of this Agreement. Without prejudice to any other rights, the PROVIDER may immediately terminate this Agreement if you fail to comply with these terms and conditions. Upon termination of this agreement, you must immediately stop use and access to the Products and Services. All provisions of this Agreement that are intended to survive or that must survive in order to give effect to its meaning will survive the termination or expiration of this Agreement.
8.1 Prepaid Subscriptions The PROVIDER will not provide any refund for any remaining prepaid period for an early termination of this Agreement furthermore, any change of mind by the customer is not a valid cause for a refund.
8.2 Ceased subscription payment These Agreement will continue for the period covered by the subscription fee paid, unless either party terminates these Agreement by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Agreement You shall be liable to pay all relevant fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Agreement. If you ceased on paying subscription fees, it indicates that you opt to terminate this Agreement. If payment of any invoice for subscription is not made in full by the relevant due date, the PROVIDER may suspend or terminate Your use of the Products and Services.
IX. Other
9.1 Governing law. This Agreement is governed by, interpreted, enforced and construed in accordance with the law of the Philippines. Any dispute or controversy between the USER and the PROVIDER which may arise out shall first be settled by friendly discussions. If there is failure to amicably settle such dispute or controversy, any party may institute an action in the proper court in the City of Makati. The USER irrevocably and unconditionally waives any objection he/she may now or hereafter have to the laying of venue of any action, suit, or proceeding, and further waives any claim that any such action, suit, or proceeding brought in the courts of the Philippines has been brought in an inconvenient forum. The foregoing, however, shall not limit or be construed to limit the rights of the PROVIDER to commence proceedings against the USER in any other venue where his/her assets may be found.
9.2 Amendments. We have the sole discretion to change the terms of this Agreement or make changes related to any aspect of the Products and Services, except as otherwise provided in this Agreement. If this occurs, we will provide notice to you via any means we consider reasonable including, without limitation, e-mail, posting on our website, or updates to the Products and Services. After we provide notice, continued use of the Products and Services constitutes your acceptance of the changes and the Agreement (as amended).
9.3 Agreement headings. The headings contained herein are for the convenience of the parties only and are not be used to interpret or construe any of the terms of this Agreement.
9.4 Warranties The PROVIDER does not warrant that the Products and Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including without limitation warranties of merchantability, purpose, title and non-infringement.
9.5 Waiver If either party waives any breach of these Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing. Our failure to insist on or enforce strict performance of any provision of this Agreement or any right is not to be construed as a waiver of any provision or right.
9.6 Notice Except as otherwise indicated, any notices under this Agreement to us must be personally delivered or sent by certified or registered mail, return receipt requested. Notices will be effective upon receipt that may be shown by confirmation of delivery.
9.7 Agreement headings. The headings contained herein are for the convenience of the parties only and are not be used to interpret or construe any of the terms of this Agreement.
9.8 Third Party beneficiaries and assignment. All rights and benefits of this Agreement from the PROVIDER are intended solely for the original purchaser of the Products and Services. You must not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. The PROVIDER may assign this Agreement in its sole discretion and will use reasonable efforts to notify you of an assignment. The remedies and all other rights and benefits provided under this Agreement are personal to the original purchaser of the Products and Services from the PROVIDER or from its authorized reseller and such rights and benefits must not be assigned or otherwise transferred to any other party.
9.9 Customer Complaints Handling Process We are committed to maintaining the highest standards of consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number by dialing 0917 836 1359 or reach us at our official Facebook page. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.