MYOB ACCOUNTRIGHT LIVE TERMS OF USE 2013 PART 1
1 ABOUT THESE TERMS
These are the terms and conditions for our supply of MYOB AccountRight Live to you, including our obligations to each other (Terms). These Terms do not exclude, restrict or modify:a the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL);
b the exercise of any right or remedy conferred by the ACL; or
c the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:
i. contravene the ACL; or
ii. cause any part of these Terms to be void.
Definitions
Some words in these Terms have particular meanings: Bank Feeds or BF means the service which enables you to electronically receive daily or monthly updates of bank account transaction details for your nominated accounts, including your business account and credit card.Bank Statement Information means the transaction information relating to any account linked to the BF and that is available for you to access as part of MYOB AccountRight Live.
BankLink means Media Transfer Services Limited trading as BankLink.
Business Day means a week day, except for:
a a national public holiday;
ba day on which banks in Victoria or New South Wales are generally closed; or
c public holiday in Victoria.
Business means the business for which the application is made and accepted for MYOB AccountRight Live.
Fees means fees and charges relating to the provision of MYOB AccountRight Live.
Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic losses.
Microsoft means Microsoft Regional Sales Corporation and Microsoft Operations Pte. Ltd, and includes any successor, assignee or replacement organisations.
Minimum Term means the minimum term of your subscription to MYOB AccountRight Live that you agree to when you subscribe.
MYOB AccountRight Live means the features and services which we make available to you from time to time and which comprise a bundle of features (including online
features) and services which you choose to use with your MYOB AccountRight product.
Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
Privacy Act means the Privacy Act 1988 (Cth) as updated, amended or replaced from time to time. Professional Partner means a person who provides bookkeeping, accounting or similar services to you, and who you appoint as a User.
Third Party means any person we have contracted with to help us provide MYOB AccountRight Live services. This may include Microsoft, BankLink and all other service providers engaged by us for the delivery, maintenance and administration of MYOB AccountRight Live.
User means a person authorised by you to use MYOB AccountRight Live (including a Professional Partner). We, us and our means MYOB Australia Pty Ltd ACN 086 760 198. You means the Business, including each User.
2 GENERAL TERMS
a Protecting your username and password i. Unless you take adequate security precautions, it could be possible for an unauthorised person to gain access to your MYOB AccountRight Live. It is important to take all reasonable precautions to ensure your username and password are not misused, and remain secure and confidential. In particular: (A) you must not tell anyone your username or password, including any member of your family; (B) you must not let anyone else, whether acting as your agent or not, access MYOB AccountRight Live using your username and password; and (C) you must be extra careful when accessing MYOB AccountRight Live from public computers. ii. If you think anyone else might know your password you should reset your password from within your MYOB AccountRight product, or contact us as soon as possible to arrange a new password. iii. You agree to be liable if your login details are used by an unauthorised person.b Other responsibilities you have as a User i. No interference with MYOB AccountRight Live– You will not: (A) interfere with the operation of MYOB AccountRight Live;
(B) reverse‐engineer, reverse‐assemble, decompile, or otherwise attempt to discover source code, formulas or processes in respect of the software behind MYOB AccountRight Live;
(C) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from MYOB AccountRight Live, except where we have given you permission; (D) use MYOB AccountRight Live in way that is prohibited by law, regulation or government order in any relevant jurisdiction, or in a way that violates a third party’s legal rights; (E) use MYOB AccountRight Live in a way that could harm or impair anyone else’s use of it; (F) use MYOB AccountRight Live to gain unauthorised access to any service, data, account or network by any means; (G) falsify any protocol or email header information (e.g. spoofing); (H) use MYOB AccountRight Live to send “spam” or otherwise make available any offering designed to violate these Terms; or (I) remove, modify, tamper with any regulatory or legal notice or link that is incorporated into MYOB AccountRight Live.
ii. Cooperation and limited authority in relation to Third Parties – You: (A) must do all things we consider appropriate to enable us to fulfil our obligations to Third Parties in relation to MYOB AccountRight Live; and (B) authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB AccountRight Live, to enable us to provide MYOB AccountRight Live to you.
iii. Giving access to other Users ‐ You can authorise other users (including a Professional Partner) to have access to your MYOB AccountRight Live data. Subject to the access rights you grant, they will be able to view and modify your data. Their use of MYOB AccountRight Live is subject to these Terms, so we suggest that you provide them with a copy. You are responsible for their use of MYOB AccountRight Live. You can stop or change their access rights by updating your user list within your my.MYOB personal management centre or by contacting us.
iv. Change of details – You must let us know of any changes to your details which you have provided to us in relation to MYOB AccountRight Live, and provide any proof of the change we require.
c Use of MYOB AccountRight Live and our intellectual property i. What you can do – until your use of MYOB AccountRight Live is terminated, you have a non‐exclusive and non‐transferable licence to use MYOB AccountRight Live in the way that we authorise from time to time. ii. We retain our intellectual property rights – except where specifically set out in these Terms, these Terms do not give you any intellectual property or other rights in any of our: (A) software, documents, templates, marketing material, trademarks, business names, logos, trading styles, get‐up, processes or methodologies; or
(B) other intellectual property, and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify these intellectual property rights. iii. Third Party intellectual property rights – these Terms do not give you any intellectual property or other rights in any of the software or other intellectual property supplied by any Third Party as a part of MYOB AccountRight Live, and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify these intellectual property rights.
d Payment of Fees
i. You must pay us all Fees due to us in relation to your use of MYOB AccountRight Live, on the due date and otherwise in accordance with the payment terms you have entered into with us. If you cancel your participation before the end of the Minimum Term, then you must pay to us the subscription fees for the remainder of that Minimum Term. ii. If a another person (for example, a Professional Partner) who pays the Fees in relation to your use of MYOB AccountRight Live stops paying the Fees due to us, then you will need to pay the Fees due to us to continue your use of MYOB AccountRight Live. iii. By giving you at least 20 Business Days’ notice before the change takes effect, we may: (A) change the amount of any Fee and introduce a new Fee; and (B) change the circumstances in which, or frequency with which, a Fee is payable. Section 8 tells you about the ways in which we can give you notice. iv. You authorise us to deduct the periodical instalments and any other Fees payable to us in respect of your use of MYOB AccountRight Live. You give us this authority by providing us with your credit card or other payment details. The authority continues after the end of the Minimum Term until your participation in MYOB AccountRight Live is terminated in accordance with these Terms.
e Goods and services tax (GST) and duties i. All payments due to us (eg. Fees, reimbursement by you to us of any amounts or payments under indemnities), unless already stated to be GST inclusive, are to be increased by the amount of any GST liability we have in relation to supplies we make to which those payments relate. ii. You must pay all duties (eg. stamp duty, other government charges or financial institution account fees) payable in relation to your use of MYOB AccountRight Live. If we have paid them, they must be reimbursed by you on our request.
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