Terms and conditions

The following are the Terms and Conditions of use for the TALYBusiness service and are intended to explain our obligations as a service provider and your obligations as a customer and user.

Definitions

All Capitalised words in this Terms and Conditions are defined in the following definitions, or where explicitly defined individually in each section.

• Access: Refers to the ability to login into the system.
• Account: Refers to the User account that is created in order to access the TalyPayroll Service. It may also refer to a billable Account that the Account Holder is liable for when referred to in context of payment.
• Account Holder: Refers to the person or entity that is the owner of the Account, or in the case of multiple persons or entities, the person/s or entity/s that has ultimate authority.
• Confidential Information: Refers to and includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service.
• Data: Refers to any data entered and/or generated by You for yourself or on another’s behalf into the Website. It also refers to any data that is displayed, kept or stored by the Service or Website.
• TalyPayroll: Refers to the Service.
• Service: Refers to the online Payroll system and services available via the Website.
• Subscriber: Refers to the person or entity who registers to use the Service, and where applicable the entity on whose behalf that person or entity registers to use the Service.
• TALY Data: Refers to the Hong Kong registered company that owns and operates TalyPayroll.
• Terms: Refers to the Terms and Conditions as outlined in this page.
• User: Refers to the person or entity who registers to use the Service, and, where applicable, the person or entity on whose behalf that person or entity registers to use the Service, and also refers to any person or entity, other than the Subscriber or Account Holder, that uses the Service that is registered to the Subscriber or Account Holder.
• Website: Refers to the domains talypayroll.com and its pages.
• You: Refers to the Subscriber, Account Holder, or User that utilises the Service.

Acceptance

By accessing, registering, and/or using this Website and/or Service, You acknowledge that You have read, understood, and agreed to the Terms and Conditions as set out on this page, and where You are accessing, registering, and/or using this Website and/or Service to use the Website and/or Service on behalf of another person or entity, You have the authority to agree to these Terms and Conditions on behalf of that person or entity and agree that by accessing, registering, and/or using this Website and/or Service, You bind the person or entity on whose behalf You act on, without limiting Your own personal agreement under these Terms and Conditions. These Terms and Conditions are binding on any use of the Taly Data Service and apply to You from the time that You access the Taly Data Website and/or Service. You may not assign or transfer any rights to any other person w ithout prior written consent from Taly Data. The Terms and Conditions presented are subject to change over time. Taly Data reserves the right to change these Terms and Conditions at any time, effective upon the updating of the modified terms. You agree that You are obligated to ensure that You have read and understood the Terms available on the Website. You also agree that any changes in the Terms will immediately be binding to You.

Right of Use

Taly Data grants You the right to access and use the Service via the Website for the duration of your Account being active. This right is non-exclusive, non-transferable, and limited by and subject to this Terms and Conditions. You furthermore acknowledge and agree that:

• The Subscriber and/or Account Holder is responsible for all User activity and use of the Service.
• The Subscriber and/or Account Holder is responsible for creating, deleting, modifying, and controlling each User’s level of access to the relevant organisation and Service, on their Account, at all times.
• The Subscriber and/or Account Holder is responsible for creating, deleting, modifying, and controlling access to each Company on their Account, at all times.
• The Subscriber and/or Account Holder is responsible for all third party activity that occurs on their Accounts, in the event that the Subscriber and/or Account Holder engages a third party.
• You must only use the Service and Website for Your own lawful purposes, in accordance with these Terms and Conditions and any notice or condition sent by Taly Data or posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others, You will however must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Terms and Conditions that apply to You.

Access Conditions

You agree that You are solely responsible for your Account, and must ensure that all usernames and passwords required to access the Service are kept secure and confidential, and that each User belonging to Your Account is Authorised to use the Data, Service, and Website made available to You. In the event that You are unsure of, or become aware of, any unauthorised use of Your passwords or any other breach of security, You must immediately notify Taly Data with your Account details, and You must take all other actions that Taly Data reasonably deems necessary to maintain or improve the security of Service’s computer systems and networks and Your access to the Services.

You also agree when accessing and using the Services, that You must:

• Not attempt to undermine the security or integrity of the Taly Data computer systems or networks or, where the Services are hosted by a third party, that third party’s computer systems and networks.
• Not use, or misuse, the Services in any way which may damage or disrupt the functionality of the Services or Website, or other systems used to deliver the Services, or, damage or disrupt the ability of any other user to use the Services or Website.
• Not attempt to gain unauthorised access to any materials or functionality other than those to which You have been given express permission to access, or to the computer system on which the Services are hosted.
• Not transmit, input, or upload into the Website any content, material, or file that is illegal or offensive, or may damage or cause harm, to any person, entity, computer devices or software, including, but limited to, Data or material protected by copyright or trade secrets which You do not have the right to use.
• Not attempt to adapt, copy, decompile, modify, reproduce or reverse engineer any computer programs, data, or functionality used to deliver the Services or to operate the Website.

You will be granted access to all features and functionality as set out in accordance to Your chosen version of the Service, subject to no outstanding amounts on Your Account if applicable.

Payslips and Payslip credits

Payslip credits purchased for Taly Data cannot be resold or transferred to another user of the service.The Account may be deactivated 30 days after the expiry date of all Payslip credits purchased or 30 days after the last Payslip credit is used. Payslip credits purchased can be used to generate payslips for any employee in any month in any year on the Account.

TalyPayroll Service

The Talypayroll Service is presented as is and does not make assurances or warranty, implied or otherwise, that the Service will meet Your requirements, be uninterrupted, complete, timely, secure, or error free. It is Your sole responsibility to determine that the Services meets Your needs and is suitable for Your use. You are solely responsible to ensure that You comply with all applicable laws when using the Service. It is also Your responsibility to check that You have correct access to Your Data when using the Service, and should such access not be available, You are responsible to alert Taly Data and its staff to rectify the problem. You agree and understand that Taly Data and its staff are, including but not limited to, not Your accountant, analyst, business advisor, salesman, or representative, and will not process or operate any function or feature in the Service at Your request or on Your behalf. Taly Data and its staff will furthermore not be obligated or required to provide advice, opinion, or consultation to You on using the Service.

Service Communication

You will only contact Taly Data through communication channels or contact details available through the Website, such as email addresses and phone numbers. You agree to only do so for lawful and legitimate purposes. You must not use any such communication channels or contact detail for communicating or distributing any material unrelated to the use of the Service, including, but not limited to, marketing or offers of goods or services for sale, unsolicited email, files that may harm or cause damage to any computer devices or software, content that may be deemed offensive, or material in violation of any Law, including material that is protected by Copyright or Intellectual Property which You do not have the right to use. When You communicate with Taly Data or any of its staff, You represent that You are authorised to make such communication. Taly Data is under no obligation to ensure and verify that such communication is legitimate. Taly Data reserves the right to change or remove any communication channel or address at any time at its sole discretion without notification.

Indemnity

You indemnify Taly Data and its staff against all direct, indirect, special, or consequential, claims, costs, damages, demands, liability, and loss, of any kind, arising from Your breach of any of these Terms and Conditions, Your use of the Service, or from Your action or negligence. The information and calculations presented on the Service are as accurate as possible, but it is Your responsibility to verify that the calculations are correct and comply with any and all statutory requirements.

Privacy and Security

It is Taly Data's policy to respect the privacy of its Users.

Taly Data will not sell, or otherwise disseminate, Your information to any outside parties without Your express authorisation unless otherwise legally compelled, required and/or directed by law.

Data

You agree that all Data entered and stored belong to the User or rightful Copyright and Intellectual Property owner. You grant Taly Data the unconditional right to back-up, copy, transmit, store, and use Your Data and information, where it is deemed necessary by Taly Data, in order to enable You to access and use the Service, and for any other purpose related to the Service. All Data stored by Taly Data will only be made available to You through mechanisms provided on the Service. Copies of your Data may be made available for You to download, however such Data will only be provided in a file format determined by TALY Data. In the event that You choose to delete a company or your Account, all Data pertaining to that company or Account will also be deleted and will not be available for You to retrieve regardless of any backups held by Taly Data.

You must maintain copies of all Data entered into the Service. Taly Data adheres to industry standards and best practices to prevent data loss, however Taly Data does not make any assurances or guarantees that there will be no loss of Data kept by Taly Data, and therefore You agree that Taly Data cannot be held liable for any loss of Data no matter what circumstances or how it was caused.

Restoring Data pertaining to Your Account will only be done so in the event that Data kept by Taly Data for your Account has been rendered corrupt, invalid, or unusable, due to technical faults experienced by the Service. Data will not be restored for any other reason, which includes, but is not limited to, mistakes and errors by Users, incomplete or incorrect Data entered into the Service, or incomplete or corrupt data due to transmission. Charges will apply in the event of any exceptions made, at the sole discretion of Taly Data.

Intellectual property

The website layout, graphics, text, reporting and procedures are the property of Taly Data and are not to be copied without the express permission of Taly Data. Any unauthorized commercial use of the service, or the resale of its services, is expressly prohibited.