Welcome to EzyAccounts Terms & Conditions of Use
These terms apply to all users of EzyAccounts sites, products and services, collectively known as “EzyAccounts”, both in Australia and overseas. The name “EzyAccounts” throughout this Agreement means EzyAccounts Pty Ltd (ACN 132 383 325) and its associate companies, successors and assigns, sales agents, tax agents and partners.
By accessing the information, products and services contained in our sites you agree to be bound by the terms and conditions of our Agreement.
The terms and conditions of this Agreement may, from time to time, change. Upon each occasion that the terms and conditions of the Agreement change there will be a notification on our web site for 30 days. If you have not accessed our site for more than 30 days it is your responsibility to revisit and inquire about any change to these terms and conditions. By continuing to access the information, products and services contained in our site you will have by doing so indicated that you have agreed to the terms and conditions prevailing from time to time.
What you MUST do:
- You must use all EzyAccounts sites, services and products in a responsible manner.
- If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using any EzyAccounts site.
What you MUST NOT do:
- Use EzyAccounts sites, services or products for any activities or post or transmit to or via any EzyAccounts sites any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes;
- Use EzyAccounts sites, services or products in a way or post to or transmit to or via any EzyAccounts sites any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying any EzyAccounts sites or products;
- Use EzyAccounts sites, services or products to send unsolicited electronic mail messages to anyone;
- Make any fraudulent or speculative inquiries, bookings, reservations or requests using EzyAccounts sites, services or products;
- Use any other persons or entity’s name, username or password without permission;
- Post, or transmit via EzyAccounts, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
- Tamper with, hinder the operation of or make unauthorized modifications to EzyAccounts sites, services or products;
- Knowingly transmit any virus or other disabling feature to EzyAccounts sites, services or products;
- Attempt any of the above acts or permit another person to do any of the above acts.
2. Third-Party Products, Services & Content
- Some of the products and services offered for sale or advertised and some of the information provided on EzyAccounts sites or products, may include services and information of third parties.
- The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
- We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of any third parties. You must make your own inquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via EzyAccounts sites. You should check with the third party supplier whether there are additional charges and terms, which may apply.
- We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on EzyAccounts sites or accessible through a hyperlink on EzyAccounts sites. You acknowledge and consent to us receiving the fees.
- All prices displayed and products and services offered for supply on any EzyAccounts sites are subject to change without notice.
3. Not Advice
Where information of any type including financial, investment, money, general business, business content or news is displayed on EzyAccounts sites, services or products, you acknowledge that EzyAccounts is in no way responsible for the accuracy of the said information and are no way providing or to be taken to be providing financial or any form of professional advice.
The said information is provided for general use only as an educational help and is not guaranteed to be totally accurate or up to the minute. EzyAccounts will endeavour to have the information updated on a regular basis but no guarantees are given that the information displayed on the sites is the most current to that day. The information provided does not purport to be financial or any form of professional advice and must not be viewed in any way whatsoever as a substitute for independent professional advice.
You agree and acknowledge that any services that are provided on EzyAccounts sites or products (which may include but not be limited to the services of an insurance broker, mortgage lender, personal banking or other business or other financial or professional services) (the “Services”) is only an invitation for you to exchange information so that we or (where applicable) the relevant institution may determine whether it is to mutual advantage to do business with each other.
For example, any application for a loan or information disclosed by you in contemplation of applying for a loan is not to be construed as an offer by EzyAccounts or the relevant institution that is capable of acceptance. Further, the state or country in which you reside or do business may have particular laws, which render the information provided inapplicable to your specific situation.
EzyAccounts is a bookkeeping and management accounting services, software and information provider only – not a financial adviser. EzyAccounts employees are not permitted by to provide or offer advice of any kind on any matter whether financial or otherwise. Any inquiries received from users seeking answers believed to be advice or views or opinions will not be answered or satisfied and an email to the enquirer to that effect will be sent to explain the EzyAccounts position.
The Internet is not completely secure and while EzyAccounts sites or products use their best endeavours to ensure that your information remains confidential (including the use of advanced encryption technology) there remains a possibility that unauthorised persons could intercept information you provide.
You agree to indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of any EzyAccounts sites or products by you or anyone using your name and password.
6. Disclaimer & Limitation of Liability
The Trade Practices Act and similar State and Territory Legislation in Australia and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ), may confer rights and remedies on you in relation to the provision by EzyAccounts of goods or services on EzyAccounts sites which cannot be excluded, restricted or modified (“Non-excludable Rights”). EzyAccounts sites or products do not exclude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-Excludable Rights:
- All Content and software is provided “as is” and without warranties of any kind, either express or implied;
- EzyAccounts and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- EzyAccounts does not warrant that the functions contained in any content or any communications facility or your access to any EzyAccounts site or any software will be uninterrupted or error-free, that any defects will be corrected or that any EzyAccounts site or the server which stores and transmits content to you are free of viruses or any other harmful components;
- EzyAccounts does not warrant or make any representation regarding your access to, or the results of your access to, any EzyAccounts sites or products (including any related or linked websites) or any content or data in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, so YOU MUST seek professional advice for your own particular situation before relying on or modelling from any content posted on any EzyAccounts web site or included in any EzyAccounts product. This is strongly recommended and in fact insisted on in every case without exception;
- You (and not EzyAccounts) will assume the full cost of any necessary verification, maintenance, repair and/or correction of any relevant content or data;
- All forms and documents are for use for educational purposes as a model only for the purpose of displaying how certain business forms are structured and must not be used as final documentation without approval, advice and amendments from your accountant or professional advisers.
- Under no circumstances (including but not limited to any act or omission on the part of EzyAccounts) will EzyAccounts or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which may result from any use or access of, or any inability to use or access, any EzyAccounts site or product or any content or data displayed or forwarded.
You expressly acknowledge and agree that EzyAccounts does not exert control over users of EzyAccounts sites (including individuals referred to on EzyAccounts sites as guests and experts) and products and is not liable for their opinions whatsoever or for their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, EzyAccounts’s liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of EzyAccounts to the following:
- In the case of services supplied or offered by EzyAccounts, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- In the case of goods supplied or offered by EzyAccounts, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
- For the avoidance of doubt the total liability shall not exceed the price paid by the claiming party to EzyAccounts for said service or goods.
7. Use of Your information & Material
All trademarks displayed or referenced on EzyAccounts sites and products are trademarks of their respective owners and nothing contained within EzyAccounts sites or products should be construed as granting any license or right of use of any trademark.
9. Goods & Services Tax
If tax is imposed on any supply made by us through EzyAccounts sites or products, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing tax rate by the consideration for the relevant supply.
10. Communication Facilities
Any EzyAccounts site may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to EzyAccounts, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to any EzyAccounts site that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying any Forum;
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Post or transmit any material of any kind which contains a virus or other harmful component;
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- Download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
EzyAccounts reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which may violate any applicable or relevant law.
11. Links to Third Party Web Sites, Advertising and eCommerce Offers
EzyAccounts sites may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of EzyAccounts, and EzyAccounts is not responsible for the contents of any linked web or any hyperlink contained in a linked website. EzyAccounts provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by EzyAccounts or its Affiliates. You link to any such website entirely at your own risk.
EzyAccounts sites or products may also contain third party advertisements (including banner ads and full page advertisements), which contain embedded hyperlinks, or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by EzyAccounts or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by EzyAccounts, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
12. Copyright & Restrictions on Content Usage
All information, text, material, graphics, software and advertisements (“Content”) on all EzyAccounts Sites and products are the Copyright of EzyAccounts, its suppliers and/or licensors unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trademark laws. Content on all EzyAccounts sites and products is copyright, and you must not print, modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for or expressly authorized in writing by EzyAccounts.
Strictly on the condition that you keep all Content intact and in the same form as presented on an EzyAccounts site or product (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, print selected Content for your own personal, non-commercial use to a maximum of 20 pages per week unless expressly authorized in writing by EzyAccounts.
EzyAccounts will give favourable consideration to all requests for the use of any material or content on all EzyAccounts sites or products if used for the purpose of education or small business help seminars and conferences or for any charitable objective or non profit fund raising. Contact EzyAccounts to firstname.lastname@example.org for assistance and written approval.
13. Content and Forms & Documents
Content provided by any EzyAccounts site or product is for educational purposes only intended to inform and assist users to come to a better understanding of matters of business, finance, investment and commerce in general. All Forms and Documents displayed are for the purpose of education and must be used only as a framework or model from which users can formulate the actual forms and documents needed for their own particular situation and under advice from their own professional adviser.
14. Resellers and Licensed Users of Content and Products
15. Traffic Flow
Response times and the ability to effect an on-line transaction vary with user demand. You agree not to hold EzyAccounts (or, where applicable, any third party service provider) responsible for any inability to make an on-line transaction, or to access any site at any time.
18. Passwords & Access Details
On registration as a user with any EzyAccounts site for a particular product or service you may be provided with a confidential user name and password. It is your responsibility to keep these confidential and to notify EzyAccounts as soon as you are aware that unauthorized persons have accessed any of these. Any password and access details provided are for the members use only. If the member gives any of these access tools to other persons they are responsible for any charges or other liability that may arise from those persons having unauthorized access.
19. General Matters
This agreement is governed by the laws in force in the State of Queensland Australia and the parties irrevocably submit to the jurisdiction of the courts of Queensland Australia for determining any dispute concerning this agreement.
20. Membership Acceptance & Cancellation
Membership is by subscription and is at the invitation and approval of EzyAccounts. Any applicant for membership may be refused membership at the sole discretion of EzyAccounts without explanation or reasons given.
Solely at the discretion of EzyAccounts any unused portion of a member’s subscription may also be refunded once the members name and details have been removed from the membership roll.