AccountRight Browser Early Adopter Program – Terms and Conditions

1. When do these Terms apply?

These AccountRight Browser Early Adopter Program Terms and Conditions (“Terms”) set out how MYOB Australia Pty Ltd and MYOB NZ Limited (“MYOB” or “us” or “we”) will provide your business, sole trader, partnership, company, trust or other entity (as applicable) (“you” or “your”) with the pre-release version of MYOB AccountRight (“Product”). These Terms also outline how you can use the Product. These Terms apply for the duration of the AccountRight Browser Early Adopter Program (“Program”). By participating in the Program, you agree to bound by all the conditions below.

You can confirm your acceptance of these terms by email. You will also be deemed to have accepted these terms if you use the Product. By accepting the terms, you (as an individual) warrant that you are authorised to accept the terms on behalf of the relevant business, sole trader, partnership, company, trust or other entity (as applicable).

2. What is the Program?

The AccountRight Browser version has not been issued for general release. To continue developing the Product, we are running a pilot. This will help us gather feedback, understand how to improve the Product and, ultimately, determine its suitability for the general market.

3. Who are you making this agreement with?

If you are in Australia, these terms are between you and MYOB Australia Pty Ltd. If you are in New Zealand, these terms are between you and MYOB NZ Limited.

4. How do these Program Terms relate to the MYOB Essentials Terms of Use?

During the Program, the MYOB AccountRight terms of use govern your use of the Product.  The MYOB Group Privacy Policies (AU and NZ) also apply.

By accepting these Program Terms, you are also agreeing to the terms of MYOB AccountRight terms of use and the MYOB Group Privacy Policies (AU and NZ).

If there is an inconsistency between terms, these Program Terms prevail.

5. What should you expect from the Product?

The Product is a pre-release version. It’s not ready for general release and is being offered to you through this Program so you can provide us with feedback to help us get it ready.

This means the Product is still being developed and could contain issues – the purpose of this Program is to find and solve those. By participating in this Program, you agree that you understand the Product might not perform at optimum performance levels and you might come across defects.

There is a risk that an error or failure in the Product could disrupt access to, or cause data loss or corruption in company files accessed using the Product. You should back up important data and use the Product with caution. You should be especially careful with sensitive or valuable data.

6. What Product support is available?

As the Product is not a released version, MYOB employees are not fully trained on how to use the Product and may not always be able to help you like they can with our released products. We will use all reasonable efforts to give you priority support during the Program. However, by agreeing to participate you understand We are not promising to fix any specific errors. If you have any queries or problems, you agree to contact the MYOB Early Adopter Support Team in the first instance.

7. What’s expected of you?

The purpose of this Program is to gather feedback on the Product (“Feedback”) and understand how we can make it even better for you. By participating, you agree to provide Feedback when we ask.

This Feedback might include submitting comments, suggestions or ratings. Ultimately, we want to understand what you think of the quality, usability and performance of the Product and any defects or bugs you came across that we need to address.

You agree that we can use your Feedback for any purpose, including disclosing, reproducing, modifying or otherwise commercialising it. You must not provide any Feedback subject to patents, copyrights or other restrictions from third parties. Due to the nature of the Product, we cannot guarantee that any specific issues you raise will be corrected.

You must also comply with any reasonable directions from us in relation to the Product or Program.

8. Is there anything you can’t do?

We want you to put the Product to the test. However, subject to the rest of the Terms, there are a few things you can’t do with the Product:

a) You must not sell, lease, copy, redistribute or otherwise transfer any part of the Product. You can let other people within your business use the Product, as long as they’re a member of a team under your direction and are familiar with and follow these Terms.

b) You must not reverse engineer, decompile, translate, disassemble or otherwise attempt to uncover the source code behind the Product.

c) You must not copy, modify, alter, adapt, port or merge the Product.

d) You must not publish or distribute any of the communications or materials related to the Product, such as help files, examples or benchmarks.

9. Your right to use the Product during the Program

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable and non-assignable license to use the Product for the Program. You do not have the right to sub-license it.

This license is granted solely for the purpose of testing and evaluating the Product during the Program on the condition you do not attempt to transfer any right therein. It does not extend to any future version of the Product which becomes commercially available. We are not obliged to make the Product commercially available. If we do, your participation in the Program does not oblige us to provide you with a license to the final product.

10. Who owns the intellectual property?

We own all legal right, title and interest in the Product. Your licence (see section 10) does not grant you any express or implied rights to the patents, trademarks or other intellectual property relating to the Product.

11. Confidentiality obligations

We know new products are exciting – especially when they help simplify success for your business! However, you must keep all details of the Program confidential.

Unless you have our written permission, you must not share features of the Product, the fact the Program is taking place or your Feedback, except as necessary to use the Product in the ordinary course of your business. This may require you to implement reasonable security measures to protect the details of the Program and co-operate with us to identify and prevent unauthorised use of the Product.

12. Can You leave the Program?

We’ll be sad to see you go, but you can exit the Program at any time.  If you leave the Program, you are still bound by the confidentiality obligations in these Terms.

13. Warranties and liability

13.1 To the extent permitted by law (e.g. the Australian Consumer Law), is Product is provided as is and we exclude:

a) all express or implied representations, conditions or warranties about our performance, the Product or any associated services; and

b) Our liability in tort, contract or statute for damage, loss or inability to use or access any data or programs caused (directly or indirectly) by using the Product; and

c) Our liability for any other loss, damage or cost (including consequential loss and lost profits) or expenses arising (directly or indirectly) from using the Product if you fail to comply with any of these Terms.

13.2 Furthermore, to the extent permitted by law (e.g. the Australian Consumer Law), we limit our liability for non-compliance with a statutory guarantee, or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms, or any breach by us of these Terms however arising (whether for breach of these Terms, tort (including negligence), statute, custom, law or on any other basis), to (at our option):

a) the resupply of the current release version of the Product (if applicable); or

b) the cost of resupplying the Product (if applicable).

13.3 In any event, our liability is limited to the fullest extent permitted by law.

13.4 If you accept these Terms in Australia, they do not exclude, restrict or modify the application of the Australian Consumer Law.

14. Governing law

If you accept these Terms in Australia, they are governed by the laws in force in the State of Victoria. If you accept these Terms in New Zealand, they are governed by the laws in force in New Zealand.

15. Severance

If any of these Terms are illegal or otherwise unenforceable, they will be severed from the Terms. All other Terms will remain in full force where possible.