This Agreement describes the terms governing your use of the Beacon online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
Beacon'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.
For Services offered on a payment or subscription basis, the following terms apply, unless Beacon or its reseller(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:
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.
BEACON MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
You can view Beacon’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Beacon Privacy Statement, and any changes published by Beacon. You agree that Beacon may use and maintain your data according to the Beacon Privacy Statement, as part of the Services. You give Beacon permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Beacon services. For example, this means that Beacon may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Beacon offers Services that is globally accessible and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
To the maximum extent permitted by applicable law, the entire liability of Beacon, 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, Beacon, 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 Beacon systems requirements. The above limitations apply even if Beacon and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Beacon, its affiliates and your exclusive remedy with respect to the services and its use.
You agree to indemnify and hold Beacon 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"). Beacon 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 Beacon in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Beacon may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Beacon's rights to any payments due to it. Beacon may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Services, including the mobile application, and the underlying software may include Malaysia technical data subject to restrictions under export control laws and regulations administered by the Malaysia government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
This Agreement will be governed by the laws of Malaysia, 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 Beacon’s or its Suppliers’ intellectual property rights may cause Beacon irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Beacon 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 Beacon’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Malaysia and you agree that you will procure that any third party making a claim against Beacon arising out of this Agreement shall bring such claim exclusively in the Malaysian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
Beacon does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Beacon 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.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and Beacon and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Beacon. However, Beacon may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Beacon or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Beacon via an email to: [email protected]
Your use of the Services provided by Beacon 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.
Beacon Online Services Agreement and Terms of Service
Thank you for selecting Beacon Online ("Beacon Online Service"). This licence agreement in addition to the Beacon 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 Beacon Systems Ltd (HK) and/or its subsidiaries and affiliates ("Beacon," "we", "our" or "us").
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 Beacon 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 Beacon Online Services.
The Beacon Online Service is licensed on a monthly or yearly subscription basis, as selected by you or your agent.
If you registered for a free use of the Beacon Online Service ("Free Account"), you are limited to the restrictions set by the plan and the limits may change in future. If you decide to purchase a license to the Beacon Online Service, at the current rate, from the Free Account in order to gain additional features/remove limits in the Beacon Online Services, you are not able to downgrade to a Free Account again. If you do not purchase a license to the Beacon Online Services, your Content will no longer be available to you after 3 months of inactivity. If you registered under the "Free Account", you may remain as a free user for no time limit, until you have decided to upgrade.
From time to time, Beacon may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Beacon 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 Beacon 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.
You acknowledge and agree that in order to provide you with access to and use of the Beacon Online Services, Beacon may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Beacon to effectuate such replacement. Any other person You identified as an authorized user of the Beacon Online Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
Beacon shall have the right, in its sole discretion and with reasonable notice posted on the Beacon 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 Beacon Online Service and establish or change limits concerning use of the Beacon Online Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Beacon Online Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Beacon Online Service in a given period of time. Beacon 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 Beacon Online Service to which such changes relate. Your continued use of the Beacon Online Service will constitute your acceptance of and agreement to such changes. Beacon may, from time to time, perform maintenance upon the Beacon Online Service resulting in interrupted service, delays or errors in the Beacon Online Service. Beacon 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 Beacon 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 Beacon Online Service. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
Beacon may tell you about third party products or services, including via the Service. Beacon may offer products and services on behalf of third parties who are not affiliated with Beacon ("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. Beacon 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 Beacon in any way. You agree that the third parties, and not Beacon, are solely responsible for the Third Party Product's performance (including technical support), the content on their websites and their use or disclosure of your data. Beacon will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
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 Beacon or any other party; and
(iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
If you downloaded the Software from the Mac App Store, the following terms also apply to you:
Acknowledgement: You acknowledge that this Agreement is between you and Beacon only, and not with Apple, and Beacon, not Apple, is solely responsible for the Software and the content thereof.
Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
Maintenance and Support: Beacon and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Warranty: Beacon is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Beacon's sole responsibility. Product Claims: Beacon, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user's possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, Beacon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Developer Contact Info: Direct any questions, complaints or claims to: Beacon Systems Ltd (HK), [email protected]
Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
Third Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
In the event of a conflict between the terms of general Terms of Service and the Country Specific Terms, the Country Specific Terms shall apply: Notwithstanding any to the contrary above, if you are accessing or using the Services in the following countries, you also agree to the following:
Protection Data Protection Act 2010 ("PDPA"). Your personal data collected will be adhered to under the PDPA.
The purchase of subscription entitles the company to a licence to use Beacon cloud accounting software, we do not offer a refund or credit on purchase on any confirmed subscription. Every company is given a free Premium trial period to perform necessary assessment on its suitability to use the software, hence proceeding to a full year subscription means that the company has used, evaluated and made a final decision to purchase the license for a year. Companies may choose not to renew their subscription in the following year after expiry and their account will revert to a Free plan.