TAHCHE
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INTRODUCTION

This End User License Agreement (the “Agreement”) is a binding agreement between you (“User” or “you”) and TAHCHE OUTSOURCING SERVICES INC., (“Company”). This Agreement constitute the legal agreement between you as the end user governing the use of QUICKBOOKS (including all related documentation, the “APPLICATION”). If you are an individual using the Application on behalf of another person, whether an individual or a company, you and such person are both bound by the terms of this Agreement. You, any other person that you represent, and Authorized Users are collectively referred to as “you.”

The terms and conditions contained in the Agreement Company reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice, and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Application.

By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing, or using the Services, you agree to this Agreement and establish its Effective Date. If you do not agree to this Agreement, then you may not use or access the Services.

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, you 

    1. This Agreement is comprised of the body, all exhibits to this Agreement (“Exhibits”) if there is any, and all terms, rules, documentation, and policies that we make available for participating and using the APPLICATION, (a “Policy” or “Policies” which may cover all or specific uses of the application). The terms in each Exhibit and specific Policies only apply to you if you engage in the activity or use the Application to which the Exhibit, or Policy applies. In addition, access to a specific use of the application may be subject to a separate commercial contract.
  2. In case of any contradiction between the terms of this Agreement and those of any Exhibit or Policy which applies to such specific Application, the terms of such Exhibit or Policy shall prevail solely as to the provision or use of that specific Service and the subject matter of such Exhibit or Policy. The terms of any separate commercial contract established between you and TAHCHE for a specific application shall prevail in case of any contradiction between its terms and those of this Agreement.
  3. This agreement is separate from and not modified by any other agreement that may govern your use of other products and services that are not covered by the Quickbook application. 
  1. You acknowledge and agree that the Application is provided under license, and not sold to you as the user. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  2. Your acceptance and compliance with this Agreement grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable right to access and use of the application, and to access, use and copy, all solely in connection with your permitted use of the Application during the Term. 
  3. Other than the rights set out above, this Agreement does not grant you any implied licenses. All right, title, and interest in and to the Services and Third-Party Materials are and will remain with the respective rights holders.
  4. You shall not:
  5. copy the APPLICATION, except as expressly permitted by this Agreement;
  6. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the APPLICATION;
  7. reverse engineer, disassemble, integrate, modify, remove, decompile, decode, create derivates works or updates of, adapt, or otherwise attempt to derive or gain access to the source code of the APPLICATION or any part thereof;
  8. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the APPLICATION, including any copy thereof;
  9. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the APPLICATION or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
  10. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
  11. If you provide any Feedback, you grant the Company all right, title and interest in the Feedback, without any right to compensation or other obligation by Intuit.
    1. RESTRICTIONS ON USE OF THE APPLICATION
      1. You shall not, and shall not permit any other party to, engage in, solicit, attempt or promote any activity that:
        1. violates any Applicable Law, this Agreement, or any commercial contract established between you and Intuit;
        2. is objectionable, abusive, harassing, deceptive, defamatory, or infringing;
        3. violates the rights of others or may cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties,
        4. seeks unauthorized access, monitoring (including scanning or testing for vulnerability), interference with, collection or use of the Services, accounts, data, computers, systems or networks of any party;
        5. interferes with or in any way damages or disrupts the Application, others’ use of the application or any party’s systems, network or data, including mail bombing, broadcast or denial of service attacks;
        6. seeks unauthorized collection, use or interference with Personal or Confidential Information of any party, including phishing, pharming, spidering, and harvesting;
        7. views or uses any Content or Customer Data in a manner that the Company deems improper;
        8. places the Company in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction;
        9. attempts to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Company’s security or authentication measures, whether by passive or intrusive techniques;
        10. accesses or uses the application for developing or improving a competing or substitute service;
        11. discloses performance or intelligence reports about the application;
        12. provides access to or gives any part of the application to any other party except as permitted herein or as expressly permitted by Intuit pursuant to a separate contract with us;
        13. reproduces, modifies, copies, sells, trades, leases, rents, resells, licenses, sublicenses or in any way distributes the application or any output thereof;
        14. decompiles, disassembles, reverse engineers, modifies, creates derivative works of, decrypts, or decodes the application, except as expressly permitted herein;
        15. makes the application available on any file-sharing or application hosting service; or
        16. removes or destroys any copyright notices, proprietary markings or confidential legends placed upon or contained within the application.
    1. The Application may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast data, content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, feedback, or personal information or other material (collectively, “DATA”). You are responsible for your use of the Application and for any Data you provide, including compliance with applicable laws, rules, and regulations.
  2. By submitting, posting or encoding DATA on or through the Application, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Data for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Data, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
  3. We do not assert any ownership over your Data. You retain full ownership of all of your Data and any intellectual property rights or other proprietary rights associated with your Data. We are not liable for any statements or representations in your Data provided by you in any area in the Application. You are solely responsible for your Data related to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Data. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content that you submit through the Services.
  4. You agree not to use, nor permit any third party to use, the APPLICATION or any of the data;  to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
  5. illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
  6. content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
  7. except as permitted by the Company in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
  8. virus, Trojan horse, worm or other disruptive or harmful software or data; or
  9. any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
  10. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Data; (2) to recategorize any Data to place them in more appropriate locations in the Application; and (3) to prescreen or delete any Data at any time and for any reason, without notice. We have no obligation to monitor your Data. Any use of the Application in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Application.
  11. The Use of the Application may include a community forum or other social features to exchange Content and information with other users of the application and the public. The Company does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to Content of third parties for which the Company is not responsible.
  12. The company may, but has no obligation to, monitor access to or use of the Application and the contents uploaded thereof or to review or edit any Content for the purpose of operating the Application, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect the Company and its customers, or operate the application properly. The Company, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
  13. You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  14. UPDATES
    1. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:
      1. the Application will automatically download and install all available Updates; or
      2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
      3. you may receive notice of or be prompted to download and install available Updates.
  15. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
  16. TERM AND TERMINATION
    1. The term of the Agreement commences when you download/install the Application and will continue in effect until terminated as provided herein (the “Term”). You may terminate this Agreement by deleting the Application and all copies thereof from your device. The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company’s rights or remedies at law or in equity.
    3. DISCLAIMER OF WARRANTIES
  17. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. 
  18. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  19. LIMITATION OF LIABILITY
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  1. INDEMNIFICATION
    1. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the Data you submit or make available through this Application.
  2. EXPORT REGULATION
    1. The Application may be subject to export control laws and regulations of the Republic of the Philippines, the United States, and other applicable jurisdictions. You agree not to export, re-export, transfer, or make the Application available to any country, entity, or individual subject to trade restrictions or sanctions under Philippine law, or any other relevant export control regulations.
  3. You shall comply with all applicable export control laws and regulations, including obtaining any necessary licenses, permits, or approvals required by the Department of Trade and Industry (DTI), Bureau of Customs (BOC), or any other regulatory authority before exporting, re-exporting, or making the Application available outside the Philippines.
  4. Any violation of these export control laws may result in legal penalties and termination of your rights to use the Application.
    1. If any provision of this Agreement is found to be illegal, invalid, or unenforceable under Philippine law or any other applicable jurisdiction, such provision shall be modified or limited to the extent necessary to make it valid and enforceable while maintaining its original intent as closely as possible. If modification is not possible, the provision shall be severed, and the remainder of the Agreement shall continue in full force and effect.
  1. Governing Law and Jurisdiction
    1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to any conflict of law principles.
    2. Any dispute, claim, or legal proceeding arising out of or in connection with this Agreement or the use of the Application shall be exclusively submitted to the proper courts of the Philippines, and each party irrevocably submits to the exclusive jurisdiction of such courts. You waive any objections to the venue and jurisdiction of Philippine courts.
    3. Nothing in this section shall limit either party’s right to seek injunctive relief or enforcement of judgments in any appropriate jurisdiction.
  1. Entire Agreement
    1. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements, understandings, or representations, whether oral or written.
    2. Each party acknowledges that it has not relied on any statement, representation, or warranty not expressly set forth in this Agreement and shall have no remedies except those explicitly stated herein, except in cases of fraud or fraudulent misrepresentation.
    3. Any modification or amendment to this Agreement shall only be valid if made in writing and signed by the authorized representatives of both parties.
  1. WAIVER
    1. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall constitute a waiver of such right. No single or partial exercise of any right shall preclude any further exercise of that or any other right under this Agreement.
    2. A waiver shall only be effective if it is expressly made in writing and signed by the party granting the waiver.

Contact Information

For general inquiries, complaints, questions or claims concerning the Application, please contact: