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MYOB Advanced Developer Program Terms and Conditions

These Terms to govern the relationship between us and members of the MYOB Advanced Developer Program (the Program).

As a member of the Program you are entitled to the benefits and privileges set out in these Terms, and the other application documents attached to these Terms. We reserve the right to add to, amend, withdraw or withhold any of these benefits or privileges at any time, with notice to you. Sections 14 and 16 set out how we can change these Terms and give you notice of those changes. By registering for the Program you agree to be bound by these Terms and any changes we make to them from time to time. If you do not agree to be bound by these Terms, you cannot be part of the Program.

Words that we use in these Terms

Accreditation means, in relation to a Member, a Member who meets the Accreditation Standards, as determined by MYOB from time to time;

Accreditation Standards means the minimum standards prescribed by MYOB that apply to certain Membership Levels and that Members must comply with in order to qualify for that Membership Level. The Accreditation Standards are published on our website and may be updated from time to time upon prior notice to you;

Add-On Solutions means solutions or customisations developed by you or on your behalf for use in conjunction with the Product;

Clients means users of our Product;

EULA means the End User Licence Agreement for the Product;

Fees means the fees and charges related to your membership of the Program, as notified to you from time to time and as published on our website, including your monthly membership fees, and any distributor fees and event fees where applicable;

Laws means includes the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) (Australia), the Privacy Act 1993 and the Unsolicited Electronic Communications Act 2007 (New Zealand) as updated, replaced or amended from time to time;

Member means a member of the Program;

Membership Benefits has the meaning given in clause 1(c);

Membership Level means a level or status of Membership which determines the Membership Benefits to which a Member is entitled;

Partners means members of our partner channel, including Enterprise Solutions Business Partners;

Platform means any API made available by us, together with the Product, and associated documentation;

Product means our product suite known as MYOB Advanced and any other product that we may add to the Program from time to time;

Program means the MYOB Advanced Developer Program; and

Terms means these Program Terms and Conditions.

1. Program membership

(a) You agree to be a Member of the Program, and we agree to accept you as a Member, on the terms and conditions outlined in these Terms.

(b) Your Program membership comes into effect once we accept your application and will continue (unless terminated earlier under these Terms) on a monthly basis, unless otherwise agreed with us.

(c) Membership of the Program entitles you to certain benefits and privileges, depending on your Membership Level (Membership Benefits). For details of the Membership Benefits corresponding to your Membership Level, please refer to: /api/advanced/developer-program.

2. Accreditation

(a) Accreditation is mandatory for certain Membership Levels. To achieve Accreditation, you must achieve (and continue to comply with) the Accreditation Standards. For more information on Accreditation Standards and rules, please refer to /api/advanced/accreditation.

(b) We can approve or deny your Accreditation at our sole discretion.

3. Obligations to us

(a) You warrant that where applicable, you have, or will gain, the skills and knowledge specified in the Accreditation Standards.

(b) If, in MYOB’s opinion, you don’t maintain the standard of skill and knowledge that we require of you under the Accreditation Standards, then we:

i. will notify you; and

ii. provide you with the opportunity to remedy the issues that we’ve identified with your performance.

(c) If you fail to remedy the issues that we have identified with your performance within 30 days of receiving notice from us, then you will be removed from the Program.

(d) As a member of the Program you will:

i. where applicable, comply at all times with the Accreditation Standards;

ii. be solely responsible for ensuring that any Add-On Solutions that you develop are compatible with our Product and Platform;

iii. maintain your own legally binding contractual agreement and privacy policy with users (including any Clients) which clearly set out the nature of your Add-On Solution and how you will be collecting and handling user data;

iv. comply at all times with any applicable Laws, particularly in relation to the way that personal information is collected, used and disclosed within your Add-On Solution;

v. conduct yourself in a way that protects and promotes our image and brand, and doesn’t demean or damage our reputation, or the reputation of the Product;

vi. not cause any damage or harm to our production environment;

vii. comply with any technical standards, support processes and instructions that we give you from time to time;

viii. positively contribute to all Program-related activities;

ix. attend to and respond to any correspondence and communications when we reasonably ask you to do so;

x. provide us with satisfactory answers, within 14 days, to any complaints made to us about any of your Add-On Solutions;

xi. in the event that we consider a complaint about you justified, take any action that we reasonably request of you to rectify the complaint, at your own cost and expense; and

xii. ensure that all of your employees, officers or agents involved in developing the Add-On Solutions comply with these Terms.

(e) You acknowledge that, if your Add-On Solution is in breach of these Terms (including without limitation, in breach of paragraphs 3(d)iii, 3(d)vii or 3(d)viii) of these Terms, we may either:

i. require you to change your Add-On Solution (to the extent that it operates within our production environment); or

ii. remove your Add-On Solution from our production environment.

4. Our obligations to you

(a) We will:

i. provide you with a local and online development version(s) of the Product that incorporates all current upgrades, enhancements, alterations, changes or modifications;

ii. ensure that the Product and Platform conforms to their specifications;

iii. provide you with relevant information about new Product or Platform versions or updates. As part of this, we will provide you with access to the developer bulletin boards where we will post information which may affect the operation, availability, cost or performance of the Product;

iv. allow you to use our trademarks and branding to market your Add-On Solution, provided that you comply with our brand guidelines and follow the requirements set out in section 9 of these Terms; and

v. provide Product end users with information about you and your Add-On Solution.

5. Development versions of the Product

(a) You acknowledge that your use of our Platform and any development Product supplied to you under these Terms is:

i. on a trial basis;

ii. not for resale;

iii. mustn’t be sold, given away, transferred or otherwise disposed of to any third party;

iv. remains our property;

v. is intended solely for your own in-house use, for the purpose of developing Add-On Solutions; and

vi. in the case of a Product, is subject to terms of the EULA.

6. Program Restrictions

(a) You must not use our Platform to build an Add-On Solution which functions in a substantially similar way to any products or solutions sold, licensed or distributed by MYOB including without limitation, any of the following Products: MYOB Essentials, MYOB AccountRight, MYOB Advanced, or MYOB EXO;

(b) if your Add-On Solution is a financial service, our commercial arrangements with third parties may prohibit us from actively promoting you to our Clients and Partners;

(c) if you build an Add-On Solution which in any way competes with any of our Products or any other service that we market (whether our own service or in partnership with a third party), we reserve the right to withhold any endorsements, promotions or support which you may otherwise be entitled to as part of your Program membership).

7. Changes to the Platform and Product

(a) We reserve the right at any time, without liability or prior notice, to:

i. determine what constitutes the Product or Platform, including but not limited to its features, characteristics, documentation, and related materials;

ii. discontinue the sale of the Product; change or terminate the level or type of support or service which we make available for our Platform or Products; and

iii. change or terminate any of the features of the Product or Platform.

(b) If we make any changes under section 7(a) that will materially affect or disrupt your membership of the Program, we’ll notify you in writing under section 14.

(c) You acknowledge that your Program membership doesn’t guarantee that we won’t develop a product that is similar to or competitive with any Add-On Solution that you’ve developed, and we reserve all of our rights to develop such products in the future.

8. Membership fees

(a) You must pay the Fees corresponding to your Membership Level in full and by the due date for payment.

(b) The Fee is set out on our website.

(c) You acknowledge that your membership Fee isn’t refundable or transferable; and

(d) we reserve the right to change your membership fee at any time, by providing you with written notice in accordance with clause 14.

9. Intellectual property

(a) You acknowledge that we’ll retain the ownership of all rights (including intellectual property rights) in material we develop before or during your membership of the Program.

(b) You may use our trademarks and branding, and the designation corresponding with your Membership Level for the purpose of promoting your Program membership, provided that you:

i. obtain our approval first before you publish our trademarks and branding (which we won’t unreasonably withhold);

ii. refrain from using our trademarks and branding as part of your own product name, service offering, URL, or as a component of another logo; and

iii. display our branding in a way that complies with our brand guidelines, and any other directions that we give you from time to time.

(c) You’ll notify us immediately in writing if you become aware of an infringement of any of our intellectual property or other ownership rights, or if you become aware of a claim by any party that our Product, trademarks or logos infringe on a third party’s intellectual property or ownership rights.

(d) You permit us to use your trademarks and branding for the sole purpose of promoting your Add-On Solution as part of the Program. Any such promotion will be at our discretion. We acknowledge that nothing in these Terms grants us any rights or interest in your trademarks or any other intellectual property rights.

10. Confidentiality

(a) During your Program membership and for a period of five (5) years after your membership ends, you will not disclose or permit to be disclosed with any person any of the confidential information that we’ve provided to you (apart from information that is already in the public domain) as part of your Program membership.

11. Liability and Indemnity

(a) You indemnify us in respect of any loss or claims arising as a result of:

i. a breach by you of these Terms;

ii. any negligent or wilful act or omission carried out by you as a member of the Program; or

iii. your Add-On Solutions and your relationships or interactions with any users or distributors of your Add-On Solutions, including any infringement or alleged infringement on a third party’s intellectual property rights by you or your Add On Solution.

(b) If we’ve caused or contributed to any loss or claim, then your liability under this section will be limited to the amount of the loss or claim which is directly attributable to your conduct.

(c) Under no circumstances will either party to these Terms be liable to the other party for any special, indirect or consequential losses, including but not limited to loss of profits.

12. Your relationship to us

(a) Your acceptance to the Program doesn’t create any employment, agency, joint venture or partnership between you and us. With the exception of the specific rights set out in these Terms, no further special rights or legal relationship are granted to you as a result of your Program membership.

13. Termination

(a) Either party can terminate these Terms by providing the other party with at least 30 days’ written notice.

(b) We may terminate these Terms at any time, by providing you with written notice, if you:

i. breach any of these Terms, and:

A. the breach can’t be remedied; or

B. if the breach can be remedied, you fail or refuse to do so within 14 days of us telling you about the breach;

ii. become bankrupt, insolvent, or fall under the appointment of a liquidator or receiver; or

iii. act in a way which, in our opinion, brings our brand into disrepute.

(c) You may terminate your Program membership at any time by giving us written notice if we breach any of these Terms

(d) On termination:

i. we’ll stop providing you with any benefits that you receive from us as part of the Program; and

ii. you must immediately:

A. pay any outstanding Fees that are due to us (if you’re a paying Member);

B. uninstall and delete any software we have provided to you as a benefit of the Program;

C. return any of our property and Program related materials to us; and

D. stop using the Program name, logo and any branded material and in any manner holding yourself out to be a member of the Program.

14. Changes to Fees and Terms

(a) We may change any of these Terms (including any Fees) from time to time.

(b) We will give you notice of no less than:

i. 20 days, in the event of a change to your Fees; or

ii. 10 days, in the event of any change that is likely to materially affect or disrupt your membership of the Program, except in circumstances where such a change is due to events outside of our control, such as when we need to restore or maintain the security of our Products or systems, in which case we may make changes to your Program membership or these Terms without advance notice.

(c) Your subsequent participation in the Program following the effective date of the change will constitute your acceptance of the updated Terms.

(d) If we make a change to your Program membership or these Terms under this section 14, then you have the option to terminate your Program membership under section 13.

15. Disputes

(a) A party to these Terms may not start legal proceedings in relation to a dispute arising out of these Terms unless it has complied with this section.

(b) If a dispute arises in relation to these Terms or the Program:

i. the party raising the dispute must notify the other party in writing; and

ii. each party must use its best efforts to resolve the dispute.

(c) If the parties aren’t able to resolve the dispute within 30 days of notification, either party may terminate the dispute resolution process by notice in writing to the other party.

16. Notices

(a) You agree that all communications from you to us in relation to the Program will be by email, unless we agree another method with you.

(b) Any notice or communication to or by a party by email is regarded as being given by the sender and received by the addressee when sent (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee).

(c) If the delivery or receipt is on a day which is after 5.00pm (addressee’s time) it’s regarded as received at 9.00am on the following day.

(d) All communications from us to you in relation to the Program will be by email or by posting on the Program home page, inside the MYOB Community Forum, and/or on the MYOB blog. That notice or other communication is regarded as being given by us and received by you when the posting is made. We recommend that you regularly check these sites for notices and other communications.

17. Privacy

(a) We collect, disclose and use your personal information to provide software and services and associated support to you, respond to your enquiries or feedback and to promote software and services offered by us and associated third parties. We may collect personal information from you, from public sources such as social media websites and from third parties that provide us with marketing leads..

(b) To do these things, we may provide your personal information to our related companies and to third parties that we outsource functions to. These entities may be located in Australia, New Zealand, India, or other countries. If you do not provide your personal information, it may a ect our ability to do business with you.

(c) You consent to us collecting, using and disclosing your personal information for the purposes outlined above.

(d) If you are registering in New Zealand: You can ask us not to use your information to promote products and services by contacting the Privacy Officer using the details outlined below. Click here for the MYOB Group Privacy Policy for New Zealand. You can contact us about our privacy by email at privacy_o cer@myob.co.nz, or by post at “Privacy Officer”, MYOB NZ Limited, c/- Quigg Partners, Level 7, 36 Brandon Street, Wellington 6011.

(e) If you are registering in Australia or other countries: You can ask us not to use your information to promote products and services by following the process outlined in the MYOB Group Privacy Policy, located at www.myob.com.au/privacy. The MYOB Group Privacy Policy contains information on how to:

i. update your preferences about the marketing and promotional material that we send to you;

ii. request access to and seek correction of the personal information that we hold about you;

iii. make a privacy complaint; and

iv. how we will deal with your complaint.

You can contact us about our privacy by email at privacy_officer@myob. com.au, or by post at “Privacy Officer”, MYOB Australia Pty Ltd, PO Box 371, Blackburn, Victoria 3130

18. General

(a) If you accept these Terms in Australia, then these Terms will be governed by the laws of the State of Victoria, Australia, and any dispute arising out of these Terms or your participation in the Program will be determined by the courts of that state. If you accept these Terms in New Zealand, then these Terms will be governed by the laws of New Zealand, and any dispute arising out of these Terms or your participation in the Program will be determined by the courts of New Zealand.

(b) These Terms are the entire agreement between you and us and supersede any prior oral or written representations, understandings and agreements between you and us in relation to your membership of the Program.

(c) No action or inaction by us is to be interpreted as a waiver of any of our rights under these Terms.

(d) If any part of these Terms are void, unenforceable or illegal in a jurisdiction, that part does not apply in that jurisdiction. However the remainder of the Terms continue in operation in that jurisdiction unless this would alter the basic agreement between us and us, in which case we can terminate these Terms at our option.

(e) You can’t assign or otherwise transfer the benefit of these Terms without our prior written consent. We can assign or otherwise transfer the benefit of these Terms between us and you.

Beta Terms and Conditions

From time to time we might invite you to participate in early access to a new API or Endpoint (New Material). If you agree to participate, your access to the new API or Endpoint will be subject to these terms and conditions (Beta Terms).

(a) You agree to promptly provide us with regular feedback in relation to the New Material, when we reasonably request it from you. We will gather this feedback from you via phone calls, surveys, and email conversations with you.

(b) You understand that any New Material that we supply you under these Beta Terms is experimental in nature, so it may be prone to failure or corruption. Because of this, you shouldn’t use New Material in conjunction with any other sensitive material. You acknowledge that we won’t be liable for any loss or damage that you incur as a result of a change, disruption, failure or corruption of any New Material.

(c) You acknowledge that section 10 of the Program Terms (relating to confidential information) applies to any New Material that we provide to you under these Beta Terms. If you copy or deal with the New Material or any associated information in a way that doesn’t comply with clause 10 of the Program Terms, then we will terminate these Beta Terms. You also acknowledge that where your conduct can be demonstrated to have caused damage or loss to us then we may seek to recover any such damage or losses from you.

(d) Your participation in any New Material terminates automatically on:

i. general release of the New Material; or

ii. termination of your membership of the Program; or

iii. at any other time, at our discretion, with notice to you.

(e) These Beta Terms operate in addition to the Program terms.