MYOB e-invoicing Early Adopters Program - Terms and Conditions
1. When do these Terms apply?
These MYOB e-invoicing Early Adopters Program Terms and Conditions (“Terms”) set out how MYOB Australia Pty Ltd (“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 e-invoicing (“Product”). These Terms also outline how you can use the Product. These Terms apply for the duration of the MYOB e-invoicing Early Adopters Program (“Program”).
By participating in the Program, you agree to be bound by all the conditions below.
To participate in the Program, you must click ‘submit’ on the Program expression of interest page confirming your acceptance of these Terms and your acceptance of the Program Non-disclosure Agreement. 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?
MYOB e-invoicing has not been issued for general release. The Product you will access via this Program is a pre-release version. For MYOB to continue developing the Product, we are running this Program. 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.
5. What does the free trial access to the Product include?
As a Program participant, you can use the Product free of charge for the duration of the Program. At the end of this Program, if the Product has been made available for general release, you have the option of subscribing to the Product for a fee (if applicable).
6. When will your access to the Product expire?
Subject to clause 5, your access to the Product will be removed at the end of the Program. After this time, you will no longer be able to log in to the Product or access your data.
7. 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 that the Product is still being developed and could contain issues. The purpose of this Program is to find and solve those issues, including incrementally adding new features during the Program at MYOB’s sole discretion.
By participating in this Program, you agree that you understand that 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.
Your ability to effectively use this Product is also contingent upon your suppliers and/or vendors also using compatible e-invoicing software. You acknowledge that MYOB is unable to ensure that any of your suppliers and/or vendors will use compatible e-invoicing products.
8. 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.
9. 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.
10. 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:
- 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.
- You must not reverse engineer, decompile, translate, disassemble or otherwise attempt to uncover the source code behind the Product.
- You must not copy, modify, alter, adapt, port or merge the Product.
- You must not publish or distribute any of the communications or materials related to the Product, such as help files, examples or benchmarks.
11. 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 or released generally. 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.
If you wish to keep using the Product after the end of the Program, you may be able to purchase a subscription to the final product once it has been released to the general market.
12. 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.
13. Can You leave the Program?
We’ll be sad to see you go, but you can exit the Program at any time by giving us 24 hours’ notice in writing (email or mail). Once you’ve left the Program, you must stop using and uninstall the Product. You must destroy all copies of the Product in your possession or control within seven days of leaving the Program. If you leave the Program, you are still bound by the confidentiality obligations in these Terms.
14. Warranties and liability
14.1 To the extent permitted by law (e.g. the Australian Consumer Law), this Product is provided as is and we exclude:
- all express or implied representations, conditions or warranties about our performance, the Product or any associated services; and
- 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
- 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.
14.2 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):
- the resupply of the current release version of the Product (if applicable); or
- the cost of resupplying the Product (if applicable).
14.3 In any event, our liability is limited to the fullest extent permitted by law.
14.4 If you accept these Terms in Australia, they do not exclude, restrict or modify the application of the Australian Consumer Law.
15. 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.
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.