MYOB ACCOUNTRIGHT LIVE TERMS OF USE 2013 PART 5
7 CHANGES TO TERMS
a What can we do? We may change any of the Terms (including the Fees, which are specifically dealt with in section 2d above).
b Prior notice ‐ We’ll endeavour to give you at least 10 days’ prior notice (longer if required by legislation or any other code of conduct we subscribe to) of any change that is likely to materially affect or disrupt the manner in which you use MYOB AccountRight Live, except in circumstances where such a change is due to a change by a Third Party and we were not aware of the change in advance. In these circumstances we will endeavour to notify you in a reasonable time period after becoming aware of the change.
c Urgent changes ‐ However, if we need to restore or maintain the security of MYOB AccountRight Live immediately, we may change your use and access to MYOB AccountRight Live without advance notice.
8 NOTICES
You will agree that all communications between you and us in relation to MYOB AccountRight Live will be by email, by notification through your MYOB AccountRight product or by us posting a notification on the MYOB website (myob.com), unless another method is agreed to by the addressee. Any notice or other communication to or by a party by email is regarded as being given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee’s email address (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee). If the delivery or receipt is on a day which is not a Business Day or is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following Business Day. We may provide a notice or other communication to you by a posting to the MYOB website. That notice or other communication is regarded as being given by us and received by you when the posting is made to the MYOB website. We recommend that you bookmark and regularly check the MYOB website (myob.com) for notices or other communications.9 LEGAL
You should note a few things about the Terms:a Our complete agreement – The Terms, the software licence agreement for your MYOB AccountRight product and any other documents incorporated by reference, contain the whole of the agreement between us and you in relation to MYOB AccountRight Live. Any representations or warranties made by our staff before you are accepted for participation in MYOB AccountRight Live are not effective unless expressly set out in the Terms or the other documents specified above. Any waiver of our rights or powers under these Terms may only be given in writing signed by our authorised officer.
b What happens if some of the Terms can’t operate? If any part or provision of these Terms are void, unenforceable or illegal in a jurisdiction, that part or provision does not apply in that jurisdiction. However, the remainder of the Terms continue in operation in that jurisdiction unless this would alter the basic agreement between you and us, in which case we can terminate your use of MYOB AccountRight Live at our election.
c No waiver by us – If we do not insist upon strict performance of any part or provision of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach or default of these Terms.
d Assignment – You cannot assign or otherwise transfer the benefit of the agreement between us and you without our prior written consent. We can assign or otherwise transfer the benefit of the agreement between us and you.
e Which laws apply to the Terms? The Terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to the Terms (being you and us).
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