Terms and Conditions ("Terms", "Agreement")
This agreement ("Terms", "Agreement") is between Ten Elleven Manila Inc. ("Ten Elleven Manila Inc.", "us", "we", or "our"), a company incorporated in the Philippines, and you ("User", "you", or "your"). This Agreement sets forth the general terms and conditions of your use of the Juan Accounting Software mobile application, web application, and any of its products or services (collectively, "Transactions Platform" or "Services" or "Juan Accounting Software").
PLEASE READ THESE TERMS CAREFULLY
By accessing, installing, downloading, and/or using the Transactions Platform or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms (including all agreements and policies referenced in these Terms or otherwise applicable to the use of any third-party services, the Virtual Wallet (as defined below), and related services which are required to be agreed to and accepted before the use of such specific features) and to our Privacy Policy. If you do not agree to these Terms, you must immediately stop using the Transactions Platform and any Services provided therein, close your account in Juan Accounting Software, delete the Transactions Platform from your devices, and terminate your relationship with us without cost or penalty.These Terms apply in addition to, and do not derogate from, any other terms or conditions that expressly apply to a specific product or service accessed, supplied, or provided by or via the Transactions Platform.We reserve the right to amend, vary, or change any information in the Transactions Platform and these Terms without notice. The amended Terms will take effect upon posting on the Transactions Platform or our website (https://www.juan.ac). You are responsible for regularly reviewing these Terms to stay informed of any changes. Continued use of the Transactions Platform constitutes acceptance of the amended Terms.
Definitions
The following definitions apply in these Terms unless inconsistent with the context or otherwise specified:
"Account": The primary means for accessing and using our Services, subject to payment of a Fee designated in the selected Plan. You may have multiple Subscriptions, which may be subject to separate and distinct Plans.
"Free Trial": Temporary access for the purposes of trying out our Services in accordance with any selected Plan without paying a Fee.
"Force Majeure Event": means in relation to a Party, an act, omission or circumstance over which that Party could not reasonably have exercised control and is relied upon by that Party as a force majeure event including but not limited to acts of God, acts of public enemy, perils of navigation, hostilities, acts of war, war (declared or undeclared), acts or threatened acts of terrorism, acts, regulations, orders or omissions of government, ministry, department or other public authority, blockade, riots, insurrections, civil commotion, pandemics, epidemics, governmental regulations imposed after the date of your entry into this Agreement, earthquakes or other natural disasters or other cause(s) beyond the Party’s control;
"Means": Various criteria related to the use and functionality of our Services and on which the Fee is based, chosen in connection with a Subscription.
"Service Fee": The applicable fee for the Services as notified by Juan Accounting Software to the Users from time to time.
"Subscription": Your subscription to the Services through a Plan of your choice for your access and use of an Account.
"User": Individuals you authorize as users within an Account to use the Services through designated login credentials.
Accounts and Membership
If you create an account in Juan Accounting Software, you are responsible for maintaining the security of your account and you are fully responsible for all activities, including but not limited to communication, ordering, invoicing, analytics, that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your mobile number, email address and Internet protocol address to prevent further registration.
The use of an Account is subject to a Service Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly, quarterly or annual payment intervals, based on the billing cycle you select at the time of subscription or as otherwise agreed with Juan.
Monthly, Quarterly or Annual invoices are issued for the Services, which are due upon receipt and made available to you via email or via the Transactions Platform.
Service Fees
In addition to other terms as set forth in the Agreement, Access to the Service, or to certain features of the Service, may require “You” to pay certain fees (individually and collectively, “Service Fees”), including but not limited to account subscription fees, transaction fees, payment processing fees, and other special services fees. You agree to pay when due all Service Fees applicable to Your use of the Service. You agree that You are responsible for the full amount of applicable Service Fees for each Billing Cycle in which You use the Service or maintain a Juan Accounting Software account.
Juan Accounting Software reserves the right to change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Juan Accounting Software will provide you with prior notice and an opportunity to terminate Your Account if Juan Accounting Software changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
If You do not accept the new pricing, You may terminate their Subscription in accordance with the terms of “Cancellation and Termination”. Failing the required termination notification, You will be deemed to have accepted the new prices.
Taxes
All amounts payable under this Agreement shall be considered as inclusive of all fees, taxes, including value added tax (“VAT”), and all other liabilities to the government arising from or in connection with this Agreement.
As applicable, the Value Added Tax (VAT), if any, shall be for the account of the user. In the event that the user is required by law to withhold and remit tax to the Bureau of Internal Revenue (BIR), the user shall pay Juan the full amount of the subscription fee and separately remit the applicable expanded withholding tax of two percent (2%) to the BIR.
Upon submission to Juan of (a) the basis or proof of the obligation to withhold tax and (b) the corresponding Certificate of Tax Withheld (BIR Form 2307), which must be furnished not later than twenty (20) days after the end of each quarter, Juan will reimburse the user for the withheld amount through the issuance of a credit note. Such credit note may be applied to future subscription payments.
Change of Plan
You have the right to upgrade or downgrade your current Plan at any time by communicating such a request to us at accounting@juan.ac.
You agree that downgrading may cause a loss of features or capacity of the Services as available to You before downgrading Your Plan. Juan Accounting Software will not be liable for such loss. When You upgrade or downgrade, the new Subscription Fees become immediately applicable. All Fees are non-refundable.
Upon upgrade, the new Subscription Fees for the subsisting month would be charged on a pro-rated basis and shall be payable in accordance with the Payment of Service Fee. Subsequent months will be charged in full according to the new Subscription Fees and any credits will be adjusted appropriately.
Cancellation and Termination
You are solely responsible for properly cancelling your Juan Accounting Software Account. You may terminate a Plan at any time by raising a request for cancellation of Your Plan, managing your subscription(s) on the Juan Accounting Software self-serve portal or by e-mailing Us at accounting@juan.ac and ceasing all use of the Services. The cancellation shall be received by us at least fifteen (15) days before the end of each Period. All Fees are non-refundable, i.e. there are no refunds or credits for periods where You did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval.
In the event of any actual or threatened breach of these Terms by You (including non-payment of Subscription Fees), We may immediately suspend all or part of Your Plan(s). We may terminate these Terms, including Your Plan(s). Termination or expiry of the Agreement does not affect either party’s rights and obligations that accrued before that termination or expiry. On termination or expiry of the Agreement, You must pay all Fees for Services provided prior to that termination or expiry.
Effective Date of Cancellation: If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. If You cancel Your Juan Accounting Software account, we may maintain copies of any information or data that You upload to or create in the Service, such as Your User Data, Bills, and Documents, as required or permitted by law, this Agreement or Our Privacy Notice.
Upon expiration or termination of the Agreement: (a) Your right to use and access the Service under these Terms of Service will be terminated; (b) All Credentials associated with your Administrative Users will be deactivated or downgraded to Juan Accounting Software’s free plan (if any);(c) You will immediately discontinue use of the Service
User Content
We do not own any data, information or material ("Content") that you submit in Juan Accounting Software in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content in Juan Accounting Software submitted or created using our Services by you. Unless specifically permitted by you, your use of Juan Accounting Software does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Billing and Payments
Where future Services are offered on a free trial basis, payment may be required after the free trial period ends. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically after each billing cycle in accordance with the subscription term you selected based on the billing details which you provided to us.
You authorize us to use the credit or debit card or e-wallet You have provided to Us (as updated from time to time) to automatically charge You in your selected Plan for the Service Fees applicable to Your Juan Accounting Software account or Your use of the Service, plus any applicable taxes. If Juan Accounting Software is unable to charge the Billing Account for any reason, You shall be notified of such non-payment. You agree to pay all past due Service Fees and taxes within 03 business days of notice of non-payment from Juan Accounting Software. If Your Juan Accounting Software account becomes overdue, Juan Accounting Software will be entitled to reimbursement for the reasonable costs of collection, including reasonable attorneys’ fees and expenses.
We are responsible for paying to the relevant Third Party PSPs (as defined below) such fees and charges for your use of third party payment services (“PSP Fees”). We may however from time to time require you to pay to us such proportion of the PSP Fees as we deem fit and reasonable in our sole discretion for your use of such third party payment services per transaction order. In the event that you will be charged for any part of the PSP Fees, we will notify you of such additional charges before your next billing cycle.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per user, per outlet, per merchant, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information in Juan Accounting Software that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in Juan Accounting Software or on any related Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in Juan Accounting Software including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in Juan Accounting Software should be taken to indicate that all information in Juan Accounting Software or on any related Services has been modified or updated.
Third party payment services
Payments made through Juan Accounting Software may involve third-party payment service providers. We do not process payment information and are not liable for any issues related to third-party services. Users must agree to the terms and conditions of these providers before use.
Ten Elleven Manila Inc. does not endorse, is not responsible or liable for any acts or omissions of any third parties, disclaims any and all liability in connection with the acts, omissions or defaults of such third parties, including Third Party PSPs, and make no representations or warranty of any kind, whether express or implied (including but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement, security or accuracy), as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. By using the Transactions Platform and/or the Services, you irrevocably relieve Ten Elleven Manila Inc. from any and all liability in connection with the acts, omissions or defaults of such third parties, and waive any claim against Ten Elleven Manila Inc. with respect to such other services. Ten Elleven Manila Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for such other services or log into their respective mobile or web applications, and you assume total risk and responsibility for your enablement, access or use of such other services. By enabling any other services, you are expressly permitting Ten Elleven Manila Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.
Ten Elleven Manila Inc. is a registered Operator of Payment Services registered with the Bangko Sentral ng Pilipinas (BSP). Users are advised to read the terms and conditions carefully.
Backups
We perform regular backups of the Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Advertisements
During use of Juan Accounting Software, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through Juan Accounting Software. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other mobile or web applications
Although the Transactions Platform may link to other third party mobile or web applications that are not affiliated with or owned, operated or controlled by Ten Elleven Manila Inc., we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile or web application, unless specifically stated herein. Some of the links in Juan Accounting Software may be "affiliate links". This means if you click on the link and purchase an item, Ten Elleven Manila Inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile or web applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements, other conditions of use and privacy policies of any mobile or web application which you access through a link from the Transactions Platform. Your linking to any other off-site mobile or web applications is at your own risk.