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 and purchase various Eproducts and Services (the ‘Services’) that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
1.2 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 or 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 through the link provided by Accounted For You on the Online Course information page and sent via email to the email nominated by you.
4. Purchase of Products and Returns Policy
4.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (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‘)
5. Cancellations and refunds
For Online Courses
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 firstname.lastname@example.org 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 and bookings made in advance of the change will not be affected.
5.4 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 Online Courses
6.1 To participate in a 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 a 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 The Licence is valid for 6 months (‘Licence Term’). This means the Course will be viewable via the download link for 6 months. After this time the Course will expire and you will no longer be able to access the Course.
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. Mailing List Registration
7.1 You will be given the option to register for the Accounted For You Mailing List (the ‘Mailing List‘).
7.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to: Email address, Name.
7.3 If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Accounted For You.
8. Information Disclaimer
Any information, documentation, calculators, financial numbers, tool, social media links or other content provided on the Website, within Eproducts or Courses or other Products, 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.
9.1 Confidential Informationmeans information provide by a party under this Agreement to the other party, that is not generally available to the public.
9.2 All obligations of confidence set out in this Agreement continue in full force and effect after the Services have been provided.
9.3 Accounted For You must not disclose any Confidential Information provided by you in the provision of Services, to any third party without.
9.4 This Agreement prohibits the disclosure of Confidential Information by Accounted For You with exception to the following circumstances:
- 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;
- the disclosure is required by applicable law or regulation; or
- if the confidential information is already in the public domain at no fault of Accounted For You.
10. Copyright and Intellectual Property
10.1 The Website, the Purchase Services and all of the related products 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 (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.
10.2 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:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Accounted For You; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- 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).
10.3 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.
12. General Disclaimer
12.1 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.
12.2 You acknowledge and agree that Accounted For You cannot guarantee the results or effectiveness of any of the Products purchased or services rendered or to be rendered to you. Rather, Accounted For You shall conduct its operations and provide its Products in a professional manner and in accordance with good industry practice. Accounted For You will use its best efforts and does not promise results.
12.3 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.
12.4 Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- 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 an 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.
12.5 Use of the Website, the Purchase Services, and any of the products of Accounted For You is at your own risk. Everything on the Website, the Purchase Services, Social Media links and the 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 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:
- 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;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
13.1 Accounted For You’ total liability 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.
13.2 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.
13.3 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.
14.1 You agree to indemnify Accounted For You, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- 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
- any breach of the Terms
15. Termination of Contract
15.1 The Terms will continue to apply until terminated by either you or by Accounted For You as set out below.
15.2 If you want to terminate the Terms, you may do so by closing your Account.
15.3 Accounted For You may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Accounted For You is required to do so by law;
- the provision of the Services to you by Accounted For You is, in the opinion of Accounted For You, no longer commercially viable.
15.4 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.
16. 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:
- 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;
- 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;
- 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;
- 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.
17. 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.
18. 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.
19. 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.