“Services”- All applications available for use on the web- site, www.myvirtualaccountant.com.au .
“User” - Any individual or organization who logs in to the web-site and uses the Service in any way.
“Information” – All financial business or personal data provided to or entered by any User to MVA or through the Services.
In consideration of MVA providing the Services to a User, the User agrees:
To arrange access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access including provision of any equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
To provide true and complete information about yourself in applying for registration, and maintain and promptly update all registration data to keep it true and correct.
To pay all fees, subscriptions and charges levied by MVA as follows:
· For use of the Services
· Costs incurred by MVA in collecting overdue monies
· All federal or state taxes applicable to your access, use or receipt of the Services.
That MVA, at its sole discretion may disable the availability of the Services to any User where there is any breach of any of these Terms and Conditions, or there has been a lack of use. MVA may also remove User information at that time.
To keep confidential details and use of your user id, password(s), and account details. If a User at any time becomes aware of loss, misuse or unauthorised use of confidential user id(s), password(s) or account details, they must immediately notify MVA.
To not use the Services or any Information associated with the Services for any purpose that is unlawful, abusive, harassing, libellous, defamatory, obscene or threatening. Neither you, nor someone on your behalf, will use the Services to solicit MVA customers or others for any purpose.
To not upload, post, reproduce or distribute any information, software or other material located or included anywhere in the web-site www.myvirtualaccountant.com.au and its Services. The user agrees that all such information is protected by Copyright and is the intellectual property of MVA.
Allow MVA and their respective employees and authorised persons to access all and any Information entered by a User:
· in order to check or confirm usage of the Services
· as required by any federal or state laws in place at any time
· in order to comply with any clause contained in these Terms and Conditions of use of the Services.
· protect the rights, property, or personal safety of MVA, its Users or others.
· to carry out testing, rectifications and changes to the provision of the Services
· to maintain the security of the Services
· to provide advice or assistance to a specific User
To use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by the Services and MVA.
That MVA is not responsible for compromise of any data transmitted across computer networks, telephone lines or any other communication facilities including the Internet. You acknowledge that it is possible that unauthorised third parties may be able to gain access to Information transmitted as stated in this clause.
That the security of your Information may be maintained through the use of data encryption, data security protocols, passwords and other methods which MVA may employ, or which MVA may suggest or require that you employ. You agree that MVA has no responsibility or liability either for the deletion or failure to store any Information transmitted by you or anyone else to the Services or the operation, or failure, or weakness, of any data encryption, data security protocols, passwords or other security methods employed by MVA.
That the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. If you are a professional financial service provider (i.e., an accountant or a bookkeeper), you may procure and maintain the Services for your clients by obtaining and maintaining from MVA a separate account for each of them.
That MVA has granted you a non-transferable, non-exclusive and terminable right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Software or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interfaces that are provided by MVA for use in accessing the Services.
Disclaimer of Warranties
That your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. MVA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MVA makes no warranty that:
· the Services will meet your requirements,
· the Services will be uninterrupted, timely, secure, or error-free,
· the results that may be obtained from the use of the services will be accurate or reliable,
any errors in the software or services or the merchant store services will be corrected.
No advice or information, whether oral or written, obtained by you from MVA or through or from the Services shall create any warranty not expressly stated in the T&C.
No, financial, legal or tax advice or counsel is given, or shall be deemed to have been given, by the Services.
MVA and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if MVA is aware of the risk of such damages, that result in any way from the User’s use or inability to use the Services or the Software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Services or the Software. MVA's liability to the User shall not, for any reason, exceed the aggregate payments actually made by the merchant to MVA over the course of the existing term.
Limitation of liability
In no event will MVA, its associated companies, shareholders, directors or employees be liable to any User or anyone else for any consequential, incidental, special or indirect damages (including but not limited to loss of profits, goodwill, use, data or other intangible items) even if MVA has been advised of the possibility of such damages or losses. You agree that the liability of MVA arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services will not exceed the amount you, the User, paid for the services. Neither MVA nor its associated companies, shareholders, directors or employees shall be liable for any loss resulting from a cause over which MVA does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of internet access; problems with internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labour disputes. MVA is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Services.
The User agrees to defend, indemnify and hold MVA, its associated companies, shareholders, directors or employees harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your breach of the T&C, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of the Services.
That MVA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) upon notice to you. You agree that MVA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MVA has no control over such sites and resources, you acknowledge and agree that MVA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MVA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notices to you from MVA may be made by either e-mail or regular mail. MVA may provide notices of changes to the T&C, modification or termination of the Services or other matters by e-mail to you or by displaying notices or links to notices to you on the Services.
MVA may modify the T&C upon notice to you. If MVA sends you notice, via e-mail, posting on the Services or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or by continuing to use the Services.
The T&C constitute the entire agreement between you and MVA and govern your use of the Services, superseding any prior agreements between you and MVA with respect to the subject matter contained in the T&C. The T&C may only be modified or amended in a writing signed by MVA and you. The T&C and the relationship between you and MVA shall be governed by the laws of the Australian Capital Territory. You and MVA agree to submit to the personal and exclusive jurisdiction of the courts located within the Australian Capital Territory. The failure of MVA to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the T&C are for convenience only and have no legal or contractual effect.