Terms & conditions
This Site is operated and owned by EDMCA Pty Ltd (ABN 81 149 808 079) (EDMCA). Your access to and use of the Site is conditional on acceptance of these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.
1.1 In these terms and conditions the following words and phrases shall have the following meanings, unless the context otherwise requires:
EDMCA means EDMCA PTY LTD;
Monthly Fee means the fee paid by You to have access to the Online Service for a calendar month;
"Online Service" means the online accountancy and bookkeeping service including the Software provided by Us;
Software means the accountancy and bookkeeping software owned by EDMCA which forms part of the Online Service;
Us means EDMCA and 'we' or 'our' shall be interpreted accordingly;
"You" means the business that is given access to use the Online Service
Your Accountant means the accountant who is providing the Online Service to You via our Website;
Your Accounting Records means the accounting records created by You through uploadinf Your Bookkeeping Data into the Online Service;
Your Bookkeeping Data means your bookkeeping data and information which is inputted by You during use of the Online Service.
2. Fixed Price Agreement
2.1 The fees indicated on our website are for estimation purpose only and is subjected to change without prior notice. By filling any forms on our site you do not automatically become EDMCA's client. The client and agent relations are only established after we receive the signed letter of engagement send to you by us.
2.2 EDMCA's letter of engagement will indicate the fees we will charge and provision of services
3. Conditions of access to the Online Service
3.1 Subject to payment of the Monthly Fee by You and in consideration of receipt of the Monthly Fee by EDMCA , We grant You a non-exclusive, non-transferable licence to use the Online Service for one (1) month. This licence to use the Online Service is granted on these Terms and Conditions
3.2 We warrant that:
(a) We have a right to license the Online Service to You; and
(b) We will provide the Online Service with reasonable skill and care.
3.3 In relation to the Online Service You may:
(a) Submit Your Bookkeeping Data into the Online Service;
(b) use the Software to make calculations;
(c) store Your Accounting Records in the Online Service;
(d) download Your Accounting Records and Your Bookkeeping Data for your records; and
(e) only use the Online Service for the purposes of keeping accounting records for your business.
3.4 In relation to the Online Service You may not:
(a) download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Online Service except that downloading and storing Your Accounting Records is permitted;
(b) sub-license, rent, lease, transfer or attempt to assign the rights in the Online Service or the Software to any other person and any dealing in contravention of this clause 3.4 (b) shall be ineffective;
(c) make the Online Service available on a network;
(d) use the Online Service or the Software except as permitted by these terms and conditions;
(e) allow any other person to use the Online Service other than in accordance with these terms and conditions;
(f) input or upload any data or content into the Online Service which is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening or harassing;
(h) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Online Service or another's computer or property of another; or
(i) input any third party copyright material.
3.5 If We reasonably consider that You are using the Online Service in breach of sub-clauses 3.4 (f) to (i) We reserve the right to remove any infringing data file, content or material from the Online Service and We shall have no liability to You for any error or inconsistency in Your Accounting Records or any loss of data.
3.6 The Online Service is controlled and operated by Us from Our offices in the Australia. We have used Our best endeavours to ensure that the Online Service complies with Australian laws. However, the Online Service is not appropriate or available for use in locations outside the Australia.
4. Information You provide
4.1 The following applies to any information that You provide to Us
(a) You authorise Us to use, store or otherwise process any personal information which relates to and/or identifies You, including, but not limited to, your name, company or business name, email address and postal address ('the Personal Information'), to the extent reasonably necessary for the provision of the Online Services by Us, Your Accountant, Our partner, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties.
4.2 By accepting these terms and conditions, You agree to the processing and disclosure of the Personal Information for the purpose of providing the Online Service. If You would like to review or modify any part of your Personal Information then You should contact Us
5. Our Confidentiality Obligations
5.1 We will keep in confidence Your Accounting Records and Your Bookkeeping Data and will not disclose that information to any person other than Your Accountant without your written consent.
5.2 Clause 7.1 will not apply to:
(a) any information which has been published other than through a breach of this Agreement; and
(b) information which We are required to disclose by Australian Taxation Office, a court of competent jurisdiction, any government body or applicable regulatory authority or any other person or bodies having a right, duty or obligation to request such information and then only in pursuance of such right, duty or obligation.
5.3 This clause 7 will remain in effect not withstanding termination of this Agreement.
6.1 The contents of the Online Service and the Software are protected by international copyright laws and other intellectual property rights. We are the owner of these rights, with Our affiliates or other third party licensors. All product and company names and logos contained within the Online Service are the trade marks, service marks or trading names of their respective owners, including EDMCA.
7.1 We may terminate your right to access the Online Service immediately on written notice to You if You:
(a) commit a material breach of these terms and conditions, which is EDMCA pable of remedy, and You fail to remedy the breach within a reasonable time of a written notice to do so; or
(b) commit a material breach of this Agreement which cannot be remedied; or
(c) are repeatedly in breach of this Agreement; or
(d) are the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of your creditors, or if You go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets.
11.2 On termination or expiry of this Agreement Your right to use the Online Service shall cease and You shall not be permitted to input Your Bookkeeping Data from the date of termination. However, We shall allow You to view Your Accounting Records and have access to the Online Service to download Your Accounting Records for a period of 3 months after termination. The licence to use the Online Services granted in clause 3.1 shall terminate at the end of such 3 month period.
11.3 Termination of your access to the Online Service shall be without prejudice to the rights of the parties accrued before termination.
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service.
General terms andconditions
- In order to use this Site, you need the equipment and connections necessary to access the World Wide Web. You are responsible for:
- the provision of any such connection or access to the World Wide Web;
- the payment of any fees associated with such connection or access (such as those charged by an Internet service provider or other online service); and
- the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
- EDMCA reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that EDMCA believes, in its sole discretion:
- violates any term or provision of these Terms and Conditions; or
- violates the rights of EDMCA or third parties; or
- is otherwise inappropriate for continued access and use of the Site.
System Integrity & User Conduct
- You must not use the Site to:
- impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
- post, disclose or transmit any material that is defamatory, obscene, misleading or deceptive, or which infringes EDMCA 's or any third party's intellectual property or breaches any duty of confidence or contractual obligation owed to EDMCA or any third party;
- send junk, obscene, indecent, offensive or threatening electronic mail or "spam" to any person or company;
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
- conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
- commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
- collect, store, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses; or
- breach the Privacy Act 1988 as amended, or the National Privacy Principles, or contravene or breach any other applicable state, Commonwealth or international law, convention or regulation.
- You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Site. You agree to notify EDMCA immediately of any unauthorised use of your password or any other breach of security.
- Privacy & Security Statement
- EDMCA's Privacy and Security Statement forms part of these Terms and Conditions.
- Links & Advertising
- This Site may contain links to third party websites. Those sites are not under the control of EDMCA and EDMCA is not responsible for the content or the links contained in those sites. Neither EDMCA nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
- The Site may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither EDMCA nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
- Disclaimer of Warranties & Limitation of Liability
- Subject only to 5.2 below:
- this Site is provided by EDMCA on an "as is" basis without any express or implied warranty of any kind;
- the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
- EDMCA does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
- EDMCA does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Site;
- EDMCA may change any of the material on the Site at any time without notice;
- EDMCA makes no commitment to update any material on the Site;
- You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
- You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site;
- neither EDMCA nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the Site, even if EDMCA has been advised of the likelihood of such damages.
- Where the laws of any country or state in which these terms and conditions are effective implies into these terms and conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these terms and conditions provided that the liability of EDMCA , its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of EDMCA , to:
- in the case of services, the supply of the services again, or the payment of having the services resupplied and
- in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
- You agree to indemnify, defend, and hold harmless EDMCA , and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site or your failure to comply with these terms and conditions, or from your violation of any applicable law.
- Intellectual Property Rights
- The information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the "Content") is protected by copyright, trade mark and other intellectual property laws.
- You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content except as expressly provided in these Terms and Conditions or as permitted by the Copyright Act.
- EDMCA logo and name are the trademarks of EDMCA , and may not be used as part of your business or in connection with any goods or services without the prior written consent of EDMCA.
- EDMCA may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
- EDMCA shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of EDMCA , including any form of technological failure or the actions of third parties.
- These Terms and Conditions constitute the entire agreement between you and EDMCA with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- The failure by EDMCA to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of EDMCA in respect of any existing or subsequent breach of these Terms and Conditions.
- The law of New South Wales, Australia governs these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms and Conditions.
- EDMCA operates the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.