Terms & conditions
Please read the following Terms and Conditions for the pre-release version of MYOB Practice
The pre-release version of the MYOB’s online technology (“MYOB Practice”) is made available to you on the following terms and conditions. MYOB Practice has not been issued for general release. As part of the development of MYOB Practice, we are running a pilot to understand the suitability of MYOB Practice for the general market (“Trial”).
In these terms,
We, us and our means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms and Conditions in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms and Conditions in New Zealand).
You means the business, sole trader, partnership, company, trust or other entity (as applicable) that is an MYOB desktop accounting product
(“Product”) user and participating in the Trial.
Trial Period means the 2-year period commencing on January 2019.
To participate in the Trial, you must consent to participate on the terms set out below. You understand and agree that:
1. MYOB Practice is a pre-release version which is still undergoing development and may therefore not be error-free, nor perform at optimum performance levels.
2. MYOB Practice is not ready for general release to our clients or to any other person.
3. As MYOB Practice is not a released version, our employees are not fully trained on the MYOB Practice and may therefore not be in a position to provide support which is usually provided for production versions of MYOB products. We will use reasonable efforts to give you priority support for this pre-release version of MYOB Practice during the Trial. If you have any queries or problems arising from the use or implementation of MYOB Practice, you agree to contact the MYOB beta support team by the Community Forum as the first instance.
4. You must not copy, reverse-engineer or decompile MYOB Practice. You may only use MYOB Practice for your business purposes, including managing company tax returns, and for related testing and evaluation during the Trial.
6. Upon our request, you agree to provide us with feedback on MYOB Practice and the Trial.
7. You acknowledge and agree that the purpose of the MYOB Practice is to send and receive company tax return and related data to and from the New Zealand department of Inland Revenue or Australian Taxation Office (as applicable). You must ensure that all information submitted via MYOB Practice is accurate. We are not responsible for any errors or inaccuracies in data submitted via MYOB Practice.
8. You must not lodge any information that is false or misleading, nor use MYOB Practice in way that is prohibited by law, regulation or government order in any relevant jurisdiction, or in a way that violates a third party’s legal right.
9. Unless authorised by us, you must not divulge features of MYOB Practice and the fact of the Trial is being undertaken, except to the extent necessary for you to use MYOB Practice in the ordinary course of your business.
10. You agree to comply with any of our reasonable directions in relation to MYOB Practice or the Trial.
11. To the extent permitted by law (including the Australian or NZ consumer law, as applicable), we exclude all warranties (whether express or implied) not set out in these terms and limit our liability (whether arising under contract, tort or statute) for:
11.1. damage, loss or inability to use or access any data or programs caused by or arising (whether directly or indirectly) from the use of MYOB Practice; or
11.2. any other loss, damage, cost (including without limitation consequential loss and loss of profits) or expenses arising (whether directly or indirectly) from the use of MYOB Practice, if you fail to comply with any of these terms.
12. To the extent that this licence to use MYOB Practice is subject to implied warranties which cannot be excluded (eg under Australian or NZ consumer law, as applicable), our liability for breach of any of those warranties is limited to re-instatement of the current release version (if any) of MYOB Practice.
13. You agree to participate in the Trial during the Trial Period. You may discontinue your participation in the Trial at any time by giving us 4 weeks’ notice in writing (by mail or email). However, you acknowledge that:
13.1. all company tax returns submitted using MYOB Practice are final and cannot be resubmitted using your existing Product.
14. The general terms and conditions governing your use of MYOB products will continue to apply. In the case of any inconsistency between the terms, these terms shall prevail.
15. If you agree with these terms, please signify your acceptance by signing and returning these terms to your client manager. 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).