Terms
and Conditions of Use
The Web-site, My Virtual Accountant is
provided to users by My Virtual Accountant Pty Limited(“MVA”) subject to the
following Terms and Conditions(“T&C”) and in accordance with our Privacy Policy.
All parties using or logging into area, section or menu located on the
web-site, www.myvirtualaccountant.com.au are required to agree to these Terms and
Conditions .
Definitions:
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,
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
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.
Modifications
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.
General
Provisions
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.