Website Terms & Conditions of use
1. About the Website
1.1 Welcome to www.accountedforyou.com.au (the ‘Website‘). The Website provides you with an opportunity to browse accounting and bookkeeping services and browse and purchase an online course, Eproducts, and online membership services that have been listed for sale through the Website (the ‘Products and Services‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
1.2 The Website is operated by Caylu Pty Ltd (ACN: 644 673 254) t/a Accounted For You. Access to and use of the Website, or any of its associated Products and Services, is provided by Accounted For You. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Accounted For You reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Accounted For You updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Accounted For You in the user interface.
3. Registration of Account (Online Course)
3.1 The online course (‘Online Course’) is administered through Searchie (www.searchie.io). In order to purchase access to the online course offered by Accounted For You, you must create an account with Searchie. You will receive instruction on how to create an account with Searchie once successful payment is made through the link provided by Accounted For You on the Course information page.
4. Purchase of Course
4.1 In using the Purchase Services to purchase the Course through the Website, you will agree to the payment of the purchase price listed on the Website for the Course (the ‘Purchase Price‘).
4.2 Payment of the Purchase Price may be made credit card and/or alternate payment services via the Searchie platform (the ‘Payment Gateway Providers‘)
4.4 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.5 Following payment of the Purchase Price being confirmed by Accounted For You, you will be issued with a receipt to confirm that the payment has been received and Accounted For You may record your purchase details for future use.
4.6 In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Accounted For You is entitled to charge you interest at the rate of 5% per annum, calculated daily.
4.7 You agree that if you default on any payments due and payable under the Terms, any costs incurred by Accounted For You for steps taken to enforce payment terms will be recoverable and payable by you.
5. Cancellations and refunds for the Course
5.1 You must notify Accounted For You of an intention to cancel your involvement in the online course (‘the Course’) as soon as practicable through e-mail to email@example.com and abide by the following (‘Cancellation Policy’).
5.2 If you have purchased an Online Course and wish to terminate your involvement, You must provide written notice of your cancellation to Accounted For You within 7 days of commencement. Following 7 days from commencement, the full Course Fee is non-refundable.
5.3 Accounted For You may change the Cancellation Policy at any time without notice with any bookings made in advance of the change will not be affected.
5.4 Subject to clause 5.2, Accounted For You will only be required to provide you with a refund of the Fees in the event that Accounted For You is unable to continue to provide the Course (the ‘Refund‘).
6. Delivery and Licence Information for the Course
6.1 To participate in the Course offered through the Website, you must first become a Member by registering for an Account as per clause 3. Following purchase, the Course will appear in your Member dashboard.
6.2 When you purchase participation in the Course through the Website, Accounted For You grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
6.3 You have unlimited access for the lifetime of the Course. If Accounted For You retires the Course you will no longer have access to it. Accounted For You will notify you prior to retiring the course so you can download any content you wish to retain.
6.4 The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental course materials, booklets, and access to any other aspect of the Course.
7. Course Disclaimer
7.1 You are solely responsible for creating and implementing Your own business, financial and accounting decisions, choices, actions and results arising out of or resulting from the Course and interactions with Accounted For You. As such, You agree that Accounted For You is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Course provided by Accounted For You.
8. Purchase of Eproducts
8.1 In using the Purchase services to purchase an Eproduct through the Website, you will agree to the payment of the purchase price listed on the Website for the Eproduct (the ‘Purchase Price‘).
8.2 Payment of the Purchase Price may be made through the payment provider options provided (the ‘Payment Gateway Providers‘)
8.4 Following payment of the Purchase Price being confirmed by Accounted For You, you will be issued with a receipt to confirm that payment has been received and Accounted For You may record your purchase details for future use.
8.5 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST Inclusive, being goods and services tax as defined in A New Tax System (Good and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
9. Delivery of EProducts
9.1 Following successful payment of the Purchase Price you will be directed to a downloads page. The Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact firstname.lastname@example.org
9.2 Accounted For You will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
10. Refunds and Returns for EProducts
10.1 Accounted For You does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
11.1 Accounted For You Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Eproduct and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Eproducts repaired or replaced if the Eproducts fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
11.2 Accounted For You will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Accounted For You makes no warranty that the services (including the Online Courses) will meet your requirements or that all clients will achieve the same results.
11.3 The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Accounted For You and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
12. The Accounted Collective Membership General Terms
12.1 The Accounted Collective Membership (the ‘Membership’) gives you access to the Membership Services (the ‘Services’) outlined on the Membership Page on the Accounted For You Website (the ‘Membership Page’) and within these Membership Terms (the ‘Terms’).
12.2 By continuing to apply for a Membership after reading these Terms, you are deemed to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
12.3 The Services include a range of content, special offers and other benefits available to you via the Accounted Collective Facebook Group (the ‘Facebook Group’), membership site, the Website, zoom sessions and direct communication between Accounted For You and you.
12.4 Accounted For You reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.
13. Registration For Membership
13.1 In order to become a member of The Accounted Collective (‘The Accounted Collective’), you must first register for an account through the Membership Page on the Website (the ‘Account‘).
13.2 As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself and your business (such as identification or contact details), including email address, payment information, business name and ABN.
13.3 You warrant that any information you give to Accounted For You in the course of completing the registration process will always be accurate, correct and up to date.
13.4 Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Terms (a ‘Member‘).
13.5 Accounted For You will only accept completed applications and reserves the right to reject an application for any reason.
13.6 If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.
13.7 You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Accounted For You; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the services.
14. Membership Inclusions
14.1 Accounted For You offers Membership packages with various inclusions such as Social Media prompt calendars, recorded group zoom sessions, guest masterclasses (live and/or recorded), template guides, suggested pathways.
14.2 All inclusions are subject to change and are offered at the sole discretion of Accounted For You.
14.3 You are permitted to alter your Membership package at any time. Your new Membership fee will be charged beginning the next monthly due date. This does not result in the cancellation of your membership.
15. Membership Fees
15.1 You agree to pay Accounted For You the monthly Membership Fees set out as on the Membership Page.
15.2 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.
15.3 You agree and acknowledge that Accounted For You can vary the Membership Fee at any time by providing advanced notice to you.
16.1 Membership Fees are automatically billed on a monthly basis and will be charged to the same payment process used in your initial registration unless otherwise paid in full in advance.
16.2 You can cancel your Membership at any time by following the procedure outlined in clause 18.1.
16.3 All payments made in the course of your use of the Services are made using Stripe or any alternative methods of payment offered by Accounted For You. When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe terms and conditions and any terms and conditions of alternative methods of payment offered by Accounted For You which are available on the Stripe website or websites of alternative payment method providers.
16.4 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
16.5 In the event that any payment under this Agreement is not made in full on the due date, Accounted For You is entitled to charge You interest at the rate of 5% per annum, calculated daily.
16.6 You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Accounted For You for steps taken to enforce payment terms will be recoverable and payable by You.
17. Member Conduct and Obligations
17.1 As a Member, you expressly agree that you will not, through any means:
a) harm, harass, hassle or abuse other Members; or
b) send un-welcomed communication such as spam to other Members; or
c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
d) infringe the intellectual property or privacy rights of any Member or any third-party.
17.2 Accounted For You, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or on the Facebook Group or any other related platform.
17.3 Accounted For You retains the right to revoke your Membership or deny you access to the Services at any time.
17.4 As a Member, you agree to comply with the following:
a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
c) any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Accounted For You of any unauthorised use of your password or email address or any breach of security of which you have become aware;
d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Accounted For You providing the Services;
e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Accounted For You;
f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Accounted For You for any illegal or unauthorised use of the Website; and
h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
18. Cancellation and Termination of your Membership
18.1 The Accounted Collective membership requires a 3 month minimum commitment from you. You may cancel your Membership after the minimum 3 month commitment period by providing written notice to Accounted For You, by giving 1 months’ notice before the next billing cycle.
18.2 Once paid, the monthly Membership Fees are non-refundable.
For Accounted For You
18.3 Accounted For You may terminate your Membership for any breach of these Terms by providing 7 days written notice to you by email. At the discretion of Accounted For You, Accounted For You may allow you to remedy the breach within 3 days’ notice, or another time frame as Accounted For You nominates, and in being satisfied with the remedy of the breach by you, Accounted For You will not terminate your Membership.
18.4 You may terminate this Agreement for a breach by Accounted For You of these terms by providing 7 days written notice of the breach to Accounted For You. During the 7 day notice period, Accounted For You reserves the right to remedy the breach. If Accounted For You remedies the breach which was the cause of the notice, the Agreement will not be terminated.
19. User Generated Content
19.1 If you choose to contribute any content to the Website or any other platform operated by Accounted For You, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
19.2 By contributing content to the Website, you grant Accounted For You a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Accounted For You.
19.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Accounted For You can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
19.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Accounted For You social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Accounted For You. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
19.5 Please ensure you keep your own copies of Your Content as Accounted For You may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
19.6 Accounted For You will endeavour to provide you with an appropriate credit when using Your Content on Accounted For You platforms, though you understand and agree this may not always be possible.
19.7 Accounted For You reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
20. Mailing List Registration
20.1 You will be given the option to register for the Accounted For You Mailing List (the ‘Mailing List‘).
20.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
a) email address
20.3 If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Accounted For You.
21. Information Disclaimer
Any information, documentation, calculators, financial numbers, tool, social media links or other content provided on the Website, through the Membership site, within Eproducts or Courses, does not constitute accounting or financial advice and are provided for general information and illustrative purposes only. Accounted For You recommends you seek independent accounting or financial advice prior to relying on any information or documentation provided on the Website. Accounted For You will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website.
22.1 Confidential Information means information provided by a party under this Agreement to the other party, that is not generally available to the public.
22.2 All obligations of confidence set out in this Agreement continue in full force and effect after the Services have been provided.
22.3 Accounted For You must not disclose any Confidential Information provided by you in the provision of Services, to any third party without your consent.
22.4 This Agreement prohibits the disclosure of Confidential Information by Accounted For You with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You have consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of Accounted For You.
23. Copyright and Intellectual Property
23.1 The Website, the Membership site, the Purchase Services and all of the related Products and Services of Accounted For You are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website or within any Product and Service (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes and are reserved by Accounted For You or its contributors.
23.2 Accounted For You retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Accounted For You; or
b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
23.3 You may not, without the prior written permission of Accounted For You and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
25. General Disclaimer
25.1 You acknowledge that Accounted For You does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
25.2 You acknowledge and agree that Accounted For You cannot guarantee the results or effectiveness of any of the Products and Services purchased or to be rendered to you. Rather, Accounted For You shall conduct its operations and provide its Products and Services in a professional manner and in accordance with good industry practice. Accounted For You will use its best efforts and does not promise results.
25.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
25.4 Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Accounted For You will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
25.5 Use of the Website, the Membership site, the Purchase Services, and any of the Services and Products of Accounted For You is at your own risk. Everything on the Website, the Membership site, the Purchase Services, Social Media links and the Services and Products of Accounted For You, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Accounted For You make any express or implied representation or warranty about its Content or any Products and Services or Purchase Services (including the products or Purchase Services of Accounted For You) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Purchase Services, or any of its Content related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d) the Content or operation in respect to links which are provided for your convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
26. Limitation of Liability
26.1 The total liability of Accounted For You arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Accounted For You is the resupply of information or Purchase Services to you.
26.2 You expressly understand and agree that Accounted For You, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
26.3 Accounted For You is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Accounted For You, by third parties or by any of the Purchase Services offered by Accounted For You.
27.1 You agree to indemnify Accounted For You, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c) any breach of the Terms.
28. Termination of Contract
28.1 Subject to clause 18, these Terms will continue to apply until terminated by either you or by Accounted For You as set out below.
28.2 If you want to terminate the Terms, you may do so by closing your Account.
28.3 Accounted For You may at any time, terminate the Terms with you if:
a) you have breached any provision of the Terms or intend to breach any provision;
b) Accounted For You is required to do so by law;
c) the provision of the Services to you by Accounted For You is, in the opinion of Accounted For You, no longer commercially viable.
28.4 Subject to local applicable laws, Accounted For You reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Accounted For You’s name or reputation or violates the rights of those of another party.
29. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;
c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d) The mediation will be held at a location to be agreed between the parties.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
30. Venue & Jurisdiction
The Purchase Services offered by Accounted For You is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
31. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
32. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.