Legal Disclaimer - MYOB CompanyDocs

1. LEGAL DISCLAIMER

Use of this website, including the purchase of products, is subject to these terms and conditions, as amended from time to time. If you do not agree to these terms and conditions, you should immediately cease using this website.

If you are attempting to purchase a product please carefully read these terms and conditions in full before indicating your acceptance or rejection of them. If, when prompted, you do not indicate your acceptance of these terms and conditions you will be prohibited from proceeding with your purchase of the specific product.

2. AUSTRALIAN CONSUMER LAW

These terms and conditions do not exclude, restrict or modify:

  • 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);
  • the exercise of any right or remedy conferred by the ACL; or
  • the liability of MYOB Australia Pty Ltd and any of its related bodies corporate (as that term is defined in the Corporations Act) (MYOB) for a failure to comply with any applicable consumer guarantees

Where to do so would

  • contravene the ACL; or
  • cause any part of these terms and conditions to be void.

3. PAYMENT

The products are sold to you for the fee. You must pay the fee in the manner specified by MYOB. MYOB may exercise a lien over the products ordered by you until such time as the fee is paid. MYOB may refuse to supply the relevant products if any fees remain outstanding. Interest on outstanding fees will be charged at the default interest rate.

4. USE OF PRODUCTS

You agree that:

  • you must only use the products for the specific purpose for which they are intended to be used; and
  • you must not reproduce, retransmit, redistribute, disseminate, sell, publish or circulate any product to any other person other than as expressly permitted by MYOB.

5. PRIVACY

You acknowledge and agree that information provided by you to MYOB is done so to assist MYOB in offering the product to you or to notify you of additional products that are available or for such other reasons as set out in the MYOB Group Policy Statement. MYOB will store and use your personal information in accordance with the MYOB Group Privacy Statement, which is available to you for review on the MYOB website.

6. LIMITATION OF LIABILITY

Subject to the above and to the extent permitted by law:

  • MYOB makes no representations, conditions or warranties of any kind, express or implied as to:
    • the operation or results of this website; or
    • accuracy, correctness or reliability of the information, content or documentation (including the products) available on this website; or
    • information provided to you through a MYOB call centre; or
    • whether or not the website or products are free from computer viruses or any other conditions beyond MYOB’s control; and
  • MYOB shall not be liable for any direct, indirect, or consequential damages whatsoever including loss of use, data, business opportunity or profits, whether arising in contract, negligence, equity or under statute as a result of or in connection with the use of this website or documentation (including the products), or information available on this website.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

In the event that any of the above limitations or exclusions are held to be unenforceable, MYOB’s total liability shall not exceed the amount of the fee you have paid.

7. INDEMNITY

You agree to fully indemnify and hold harmless MYOB and its officers, employees, agents, contractors and professional advisors against all expenses, losses, damages and costs incurred by or awarded against any of them arising from a claim, suit, demand, action or proceeding by any person where such loss or liability relates to or arises from:

  • the purchase of a MYOB product by you or any of your employees, agents, contractors, customers or clients; or
  • the provision of information to you through a MYOB call centre; or
  • any wilful, unlawful, fraudulent or negligent act or omission by you or any of your employees, agents, contractors, customers or clients.

8. OTHER WEBSITE CONTENT

The documents published on this website (including the products) could include technical inaccuracies or typographical errors. The information presented on this website is changed periodically, and MYOB may make improvements and/or changes in the product(s), programs(s), and/or documentation described at any time, without notice.

9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software downloaded from this website is governed by the terms of the end user license agreement (EULA), which accompanies or is included with the software. Any reproduction or redistribution of the software not in accordance with the EULA is prohibited by law.

Without limiting the foregoing, reproduction or copying of the software to any other server, site, or location for subsequent reproduction or redistribution is expressly prohibited.

10. MYOB DOES NOT PROVIDE TAX ADVICE

MYOB is not a registered entity pursuant to the Tax Agent Services Act 2009 and therefore cannot provide taxation advice to clients. If you have a query concerning taxation including filing your BAS return or annual tax statements or the tax implications of any product or information provided to you by a MYOB call centre, then you should consult with your accountant or other registered tax adviser.

11. MYOB DOES NOT PROVIDE LEGAL ADVICE

You acknowledge and agree that:

  • MYOB is not a law firm and does not give legal advice;
  • MYOB's service is merely the provision of factual information to assist you to purchase a product, which is information only and not advice;
  • MYOB does not warrant that any product is appropriate or suits your needs;
  • MYOB does not take into account your particular circumstances and accordingly the legal, commercial and taxation effects of a product will vary for each purchaser according to such circumstances and each purchaser (including you) should obtain their own professional advice in relation to such matters;
  • MYOB takes no responsibility for any mistake you make when answering questions asked by MYOB (including any errors made because you did not understand the question; did not understand how to answer the question; did not have enough information to answer the question; or that you based your reply on insufficient or incorrect information supplied to you by your client or other third party);
  • MYOB disclaims all responsibility in relation to the preparation and content of the products or any advice that may be associated with the products;
  • you are solely responsible for the choice you make in purchasing a product.

In addition to the above, you acknowledge and agree that in relation to legal products:

  • the specific legal product you order is based on the answers you provide to questions asked by MYOB;
  • the legal products are of a general nature only and are prepared by the law firm Sparke Helmore;
  • MYOB’s role in relation to the legal products is solely to act as supplier and to provide limited customer support of an administrative nature in relation to that supply;
  • in its supply of the legal products, MYOB does not provide, or purport to provide, legal services;
  • you should consult with a lawyer (not MYOB) for advice concerning the suitability of a product; and
  • requests for, or questions requiring, legal advice in relation to the legal products will not be answered by MYOB but will be referred to Sparke Helmore.

12. CALL CENTRE

MYOB operates a call centre to deal with administrative non-legal customer queries in relation to the legal products. The MYOB call centre representatives are not legal practitioners and anything they say cannot and must not be taken as legal advice. If you make a call to the call centre, before your question is answered you will be read a disclaimer and asked to continue the call. If you do not agree to continue the call your question will not be answered by the MYOB call centre representative.

13. LINKS TO THIRD PARTY SITES

Some links on this website will let you leave this site. The linked sites are not under the control of MYOB and MYOB is not responsible for their operation or contents. These links are provided as a convenience, and do not imply an endorsement of the site by MYOB.

14. APPLICABLE LAW

This website is operated and provided from Australia. Your use of this website is governed by the laws of New South Wales, Australia.

Note: Please advise if there is a preference for Victoria as the governing law.

This website may be accessed throughout Australia and overseas. MYOB makes no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

15. TRADE MARKS / INTELLECTUAL PROPERTY

MYOB and the MYOB logo are registered trademarks of "MYOB Technology Pty Ltd". Other product and company names mentioned on this website might be the trademarks of their respective owners. You agree not to infringe of any of these trademarks. You also acknowledge that the products are subject to copyright and other intellectual property rights and that you agree not to infringe these rights.

Note: Please advise if you will be registering trade marks for the new product names – e.g. “CompanyDocs” and “CompanyOnline”

GLOSSARY

  • ‘Corporations Act: the Corporations Act 2001 (Cth)
  • ‘Default interest rate: means [x] %
  • Fee: means the amount MYOB charges for the supply of the products as determined by MYOB from time to time
  • Legal product: means any legal document prepared by Sparke Helmore which MYOB makes available for sale to its customers
  • Product: means a document (including a legal product) or other service which MYOB makes available for sale to its customers
  • You: means the person that orders the product, including a person that orders a product as agent of another person, in which case you means the agent and the agent's principal