1. When do these Terms apply?
These Terms and Conditions (“Terms“) set out the basis on which MYOB will provide training to you as a sole trader or to the directors, officers or employees of your company, partnership or other entity (“you” or “your”). By enrolling in a Course, you agree to be bound by these Terms.
2. Definitions
Some words in these Terms have particular meanings, unless the context otherwise requires:
Attendee means a person you enrol in a Course.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.
Credit means any credit provided by MYOB to an MYOB Customer which can be used by the MYOB customer as payment, or part payment, for other Courses from MYOB. Credits are valid for a period of 12 months from date of issue, after which time they will expire.
Course means the online or in-person training provided by MYOB. Courses may include classroom training, seminars, workshops, online seminars or self-paced learning.
Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and any consequential, incidental, indirect, special, exemplary or punitive losses.
Materials means any materials provided by us to you or to Attendees in connection with a Course, including any manuals, slide packs, Course documentation or other materials.
New Zealand Consumer Guarantee Act means the Consumer Guarantee Act 1993, as amended or replaced from time to time.
New Zealand Fair Trading Act means the Fair Trading Act 1986, as amended or replaced from time to time.
Personal Information has the meaning given to it in the Privacy Act.
Privacy Act means the Privacy Act 2020 (if the laws of New Zealand apply) or the Privacy Act 1988 (Cth) (if the laws of the state of Victoria, Australia apply).
3. General terms
3.1 Payment: Course prices are published on our website and will be confirmed at the time of booking. Quoted prices include GST (unless otherwise expressly indicated). You must pay for a Course at the time of booking and/or by the due date specified on the relevant invoice.
Discounts on Course fees or Credits must be claimed at the time of booking, prior to payment being made. Please note that multiple discounts cannot be applied to the same transaction.
3.2 Course Pre-requisites: It is important that Attendees satisfy any specified pre-requisites prior to commencing a Course, as time is not allocated to covering assumed knowledge during the Course.
3.3 Online on-demand training: Purchase of online on-demand training allows one individual Attendee access to a Course. Some Courses may only be made available for a limited time period after you enrol. If a time limit applies, it will be specified in the Course description and on our website. You are responsible for ensuring that Attendees complete the content within the allocated time period.
3.4 Rights to use the Materials: Materials can only be used for an Attendee’s personal study and professional development purposes. You must not (and ensure that Attendees do not) copy, reproduce, alter, modify, create derivative works, or publicly display any part of any content from the Courses (including but not limited to the Materials) without our prior written consent. You and any Attendees are not permitted to commercially exploit the Materials, incorporate the Materials into your own training, or provide a copy of the Materials to anyone else. You must ensure that Attendees are made aware of, and agree to be bound by, these Terms, including any restrictions on the use of the Materials.
3.5 Protecting your password: You must take reasonable precautions to ensure that your MYOB username(s) and/or password(s) are not misused and remain secure and confidential. If you think anyone else might know your password, you should reset the password from within our platform, or contact us as soon as possible to arrange a new password. You must ensure that Attendees are aware of, and comply with, the obligations set out in this section 3.5.
Sharing of usernames and passwords is strictly prohibited. We reserve the right to immediately terminate access to online training if we reasonably believe that more than one user or Attendee is accessing the training using the same login details.
3.6 Professional conduct: We encourage Attendees to prepare for and actively participate in Courses. However, we reserve the right to exclude any Attendee from any Course if their conduct is verbally or physically abusive, threatening, or amounts to bullying or harassment of any other Attendee or of any MYOB employee, contractor or agent. The Attendee engaging in such behaviour will be given one warning and if the behaviour continues, they will be excluded.
3.7 Privacy: You consent to us collecting, storing, using and disclosing your Personal Information in accordance with our Privacy Policy for Australia and/or New Zealand and applicable law. If you provide us with Personal Information about an Attendee, you must obtain all necessary consents and provide all necessary notices to the Attendee as required under applicable privacy law and must ensure the consent is sufficient to enable us to collect, store, use and disclose their Personal Information in accordance with our Privacy Policy and applicable law.
4. Booking cancellations and transfers
4.1 Cancellation by you:
(a) If you submit a booking cancellation request to us in writing at least 24 hours before a Course commences, you may elect to receive either:
(i) a refund; or
(ii) a Credit,
for the full amount you paid to MYOB for the Course. The refund or Credit will be processed by MYOB promptly, and in any event, within 30 days after your booking cancellation request is received.
A Credit will be valid for a period of 12 months from date of issue, after which it will expire.
A Credit can be applied towards the cost of purchasing other Courses from MYOB.
(b) Subject to section 4.4 and sections 5.3—5.4, no refund or Credit is available if we receive a booking cancellation request less than 24 hours before the Course commences or in the event of non-attendance.
4.2 Requests for transfer between Courses
(a) If you submit a request to us in writing at least 24 hours before a Course commences asking to transfer your booking to an alternative Course or the same Course offered on another date or time, we will transfer your booking, subject to sections 4.2(b)-(d).
(b) If the price of the alternative Course exceeds the amount you paid to MYOB for the original Course, we will issue you with an invoice for the balance, and you must pay the outstanding amount by the due date specified on the relevant invoice.
(c) Subject to section 4.4 and sections 5.3—5.4, if the price of the alternative Course is less than the amount you paid to MYOB for the original Course, you will not be entitled to a refund but will receive a Credit for the difference. This Credit will be valid for a period of 12 months from date of issue, after which it will expire. The Credit can be applied towards the cost of purchasing other Courses from MYOB.
(d) You will not be required to pay an administration fee to change the booking.
4.3 Requests for transfer to another Attendee for the same Course. You are permitted to transfer a booking from one Attendee to another Attendee; provided that you submit the request to us in writing at least 24 hours before the Course commences.
You will need to ensure that the new Attendee has satisfied any relevant Course pre-requisites.
4.4 MYOB discretion to offer transfers, Credits or refunds in other circumstances. We know that things don’t always go to plan, and unexpected things happen. In addition to any right you have to transfer bookings, or receive a Credit or a refund under sections 4.1—4.3 or sections 5.3—5.4, we may elect to issue you with a transfer, Credit or refund in other circumstances (for example, if an Attendee has a valid medical certificate to show they were ill, or if they were scheduled to attend in-person training and their travel was cancelled due to circumstances beyond their reasonable control).
4.5 To cancel a booking or to request a transfer, Credit or refund for a Course, please email enterprise.services@myob.com and outline the reason(s) for your request.
4.6 Course cancellation by MYOB
MYOB may need to cancel any particular Course due to circumstances beyond MYOB’s reasonable control. If a specific Course is cancelled, we will contact Attendees to arrange a transfer to an alternative Course. Alternatively, we will provide you with a refund, upon written request.
5. Limitation on Liability
5.1 Subject to sections 5.3—5.4, our liability to you for any breach by us of these Terms, or any Loss or Claim by you or any Attendee arising out of or in connection with the supply of a Course or Materials in accordance with these Terms, is limited to:
(a) the resupply of the relevant Course or Materials (as applicable); or
(b) the cost of resupply of the relevant Course or Materials (as applicable).
5.2 Subject to section 5.1 and sections 5.3—5.4, in no event will either party’s aggregate cumulative liability (whether in contract, tort, negligence, statute or otherwise) exceed an amount equal to the fees paid by you to MYOB for Courses during the 12 month period preceding the event or occurrence giving rise to such liability. This limitation does not apply to liability that cannot be excluded or limited under applicable law.
5.3 Where the Australian Consumer Law applies
(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(b) These Terms do not exclude, restrict or modify the application of any part of the Australian Consumer Law or the exercise of any right or remedy conferred by the Australian Consumer Law.
5.4 Where the New Zealand Consumer Guarantee Act and New Zealand Fair Trading Act would otherwise apply
(a) For the purposes of section 5D of the New Zealand Fair Trading Act and section 43 of the New Zealand Consumer Guarantee Act:
the goods and services provided to you under or in connection with these Terms are being provided and acquired in trade;
if the New Zealand Consumer Guarantee Act and/or New Zealand Fair Trading Act applies to any goods or services supplied to you under or in connection with these Terms, the parties agree to contract out of the New Zealand Consumer Guarantee Act and sections 9, 12A and 13 of the New Zealand Fair Trading Act; and
all representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).
(b) Except as specified in section 5.4(a), these Terms do not exclude, restrict or modify the application of any part of the New Zealand Consumer Guarantee Act or the New Zealand Fair Trading Act or the exercise of any right or remedy conferred by the New Zealand Consumer Guarantee Act and/or the New Zealand Fair Trading Act.
6. Legal
6.1 Who are you contracting with? If you reside in New Zealand or your company, partnership or other entity is registered in New Zealand, these terms are between you and MYOB NZ Limited MYOB NZ Limited (Company number 902338) of c/- Level 5, Eden 5, 12 Normanby Road, Mount Eden, Auckland, 1024, New Zealand (“MYOB NZ Limited”). Otherwise, these terms are between you and MYOB Australia Pty Ltd (ABN 12 086 760 198) of Level 3, 168 Cremorne Street, Cremorne, VIC 3121, Australia (“MYOB Australia Pty Ltd”). In these Terms, “MYOB”, “us” or “we” means MYOB Australia Pty Ltd or MYOB NZ Limited (as applicable).
6.2 Which laws apply to the Terms? If you reside in New Zealand or your company, partnership or other entity is registered in New Zealand, these Terms are governed by the laws in force in New Zealand. Otherwise, these Terms are governed by the laws in force in the State of Victoria, Australia.
6.3 What happens if some of these Terms can’t operate? If any part of these Terms is void, unenforceable or illegal that part or provision is excluded. However, the remainder of the Terms continue in operation.
6.4 Entire agreement: These Terms supersede any previous written agreement between us and you.
6.5 Complaints or disputes: If you have any complaints or disputes about the Courses, please notify us in writing by emailing enterprise.services@myob.com.
Last updated: October 2023