1. ABOUT THESE TERMS
If you accept these Terms in Australia, these Terms do not exclude, restrict or modify:
a. the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL);
b. the exercise of any right or remedy conferred by the ACL; or
c. the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:
contravene the ACL; or
cause any part of these Terms to be void.
In these Terms:
Agreement means these Terms.
Apps includes the MYOB Team App.
We, us, our and MYOB means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms in New Zealand).
User means a person authorised to use MYOB AccountRight or MYOB Essentials (including a Business owner or Professional Partner).
User Employee means an employee of a Business.
MYOB AccountRight means any of the services, features or functionality that form part of MYOB AccountRight which we make available to you from time to time and which you choose to use as part of your MYOB AccountRight subscription. This includes any online (“Live”) services, Bank Feeds and Invoice Feeds.
MYOB Essentials means any of the services, features or functionality which form part of MYOB Essentials and which we make available to you from time to time and which you choose to use as part of your MYOB Essentials subscription. This includes the specific MYOB Essentials product module purchased by you, the MYOB YourPay app and Bank Feeds.
Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
Privacy Act means the Privacy Act 1988 (Cth) (if you accept these Terms in Australia) or the Privacy Act 1993 (if you accept these Terms in New Zealand) as updated, amended or replaced from time to time.
Product means the MYOB product subscribed to by your Business, being either MYOB AccountRight or MYOB Essentials.
Timesheet Entry Data means the timesheet information that You input into MYOB Team.
You and Your includes a User Employee, the Business and each User.
2. PLATFORM PROVIDERS
Our Apps are provided subject to the platform or software provider’s terms.
a. If you download one of our Apps through iTunes, you acknowledge that the Terms incorporate an end user licence agreement between You and MYOB. The end user licence agreement is between us and You – it is not an agreement between Apple Inc. (“Apple”) and You.
b. We grant you a non-transferable licence to use the app on any iPhone or iPod touch that you own or control. You must comply with the Usage Rules in the App Store Terms.
c. You acknowledge that:
MYOB (not Apple) is solely responsible for the app and its contents; and
Apple is not required to provide maintenance or support services for the app.
d. If the app fails to comply with a warranty (if any), You may notify Apple and Apple will refund the app purchase price to You. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
e. We are (and Apple is not) responsible for:
addressing any claims by You or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.
f. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
g. If You have any questions, complaints or claims You can contact our Customer Service team directly by calling 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand).
h. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, Your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
a. Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
3. GENERAL TERMS
3.1. We agree to supply, and You agree to use, MYOB Team on the terms and conditions set out in these Terms.
3.2. Protecting your username and password
a. Unless You take adequate security precautions, it could be possible for an unauthorised person to gain access to your MYOB Team service. It is important to take all reasonable precautions to ensure that your username and password are not misused, and remain secure and confidential. In particular:
You must not tell anyone your username or password, including any member of your family;
You must not let anyone else, whether acting as your agent or not, access MYOB Team using your username and password; and
You must be extra careful when accessing MYOB Team from public devices.
b. If You think anyone else might know your password you should reset your password from within MYOB Team, or contact us as soon as possible to arrange a new password.
c. You agree to be liable if your login details are used by an unauthorised person.
3.3. Your obligations as a Business:
a. Compliance with Legal and Regulatory Requirements – before the Business requests an employee use MYOB Team, the Business agrees to comply with all applicable legal and regulatory requirements in connection with the use of MYOB Team, which may include but are not limited to:
all applicable information privacy and data protection laws and regulations relating to the protection, disclosure and use of individuals’ personal data and other laws and regulations that mandate the protection of Personal Information;
all applicable workplace surveillance and device surveillance laws and regulations including any laws that regulates the use of optical, tracking, listening and data surveillance devices using any instrument, apparatus or equipment and more specifically You acknowledge that a person or business is prohibited from knowingly installing, using or maintaining a tracking device to determine the geographical location of a person, without the express or implied consent of that person; and
all relevant workplace relations laws including any laws that may require a Business to provide an employee 14 days’ notice of an intention to use a tracking device.
b. Notify the User Employee that MYOB of geolocation services: The Business must notify your User Employee that MYOB Teams contains geolocation functionality, otherwise referred to as “geo-tracking” capabilities.
c. Notify the User Employee that MYOB of timestamped photographs: The Business agrees to notify the User Employee that MYOB Teams has the capability to take timestamped photographs.
d. When an Employee leaves the Business – When an Employee leaves the Business you can restrict their access to MYOB Team so that they can only no longer access the app or any of Business data.
3.4. Other responsibilities you have as a User and User Employee:
a. No interference with MYOB Team – You will not:
interfere with the operation of MYOB Team;
reverse-engineer, reverse-assemble, decompile, or otherwise attempt to discover source code, formulas or processes in respect of the software behind MYOB Team;
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from MYOB Team, except where we have given you permission;
use MYOB Team 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 rights;
use MYOB Team in a way that could harm or impair anyone else’s use of it;
use MYOB Team to gain unauthorised access to any service, data, account or network by any means;
falsify any protocol or email header information (e.g. spoofing);
upload any material (including pdf files) into MYOB Team which:
i. is harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;
ii. contains Personal Information of any other person, without that person’s express or implied consent;
iii. infringes on the intellectual property rights of any other party; or
iv. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
9. use MYOB Team to send “spam” or otherwise make available any offering designed to violate these Terms; or
10. remove, modify, tamper with any regulatory or legal notice or link that is incorporated into MYOB Team.
b. Accuracy of Timesheet Entry Data – You are responsible for verifying the Timesheet Entry Data and ensuring that it is accurate and complete.
c. Timesheet Entry Data – It is your responsibility to retain your Timesheet Entry Data. We are not liable for your failure to meet your legal obligations for record retention in relation to any data that you input into MYOB Team. If you decide to terminate MYOB Team, MYOB Essentials or MYOB AccountRight we strongly advise you to extract your data in its entirety as soon as possible following termination.
4. USE OF MYOB TEAM AND OUR INTELLECTUAL PROPERTY
4.1. What you can do – Until your use of MYOB Team (and/or MYOB Essentials and/or MYOB AccountRight) is terminated, You have a non-exclusive and non-transferable licence to use MYOB Team in the way that we authorise from time to time.
4.2. We retain our intellectual property rights –Except where specifically set out in these Terms, these Terms do not give you any intellectual property or other rights in any of our:
a. software, documents, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or
b. other intellectual property, and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify these intellectual property rights.
4.3. Intellectual property rights deriving from your use of MYOB Team – You agree that any intellectual property rights in any systems, processes or methodologies developed by you which derive from your use of MYOB Team become our intellectual property.
5.1. This Agreement shall continue until either:
a. terminated by Us; or
b. where applicable:
1. a Business subscription is cancelled in accordance with section 5.3 below;
2. a Employee User terminates this Agreement in accordance with section 5.2, below.
5.2. Terminated by User Employee
a. User Employee of MYOB Team may terminate this Agreement by closing the Employee User Account.
5.3. Terminated by User
5.4. Terminated by MYOB
a. MYOB can terminate this agreement:
With an Employee User: If (a) the Agreement is terminated in accordance with 4.4 (i), the Agreement with the Business’ Employee User/s will automatically terminate; (b) if requested to do so by the User or Business; (c) if there has been any breach of this Agreement by either an Employee User or the Business.
6. LIABILITY, WARRANTIES, REPRESENTATIONS AND INDEMNITIES
6.1. No warranty that MYOB Team is suitable for your needs
a. MYOB Team is a generic service and its capabilities are likely to change over time. This means that MYOB Team may not be, or may not remain, suitable for your needs.
b. You must assess the ongoing suitability of MYOB Team for you and your Business. We are not aware of your individual business needs and cannot provide any specific recommendations regarding your use of MYOB Team.
6.2. Liability for other conditions or warranties
a. To the extent permitted by law (and subject to section 1 if you accept these Terms in Australia), we provide no warranty and make no claim in relation to our performance, the performance of MYOB Team, or any service associated with MYOB Team.
b. Our liability to you for any 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), is limited to:
1. the resupply of MYOB Team or the service (as applicable); or
2. the cost of resupply of MYOB Team or the service (as applicable), and in any event will be limited to the fullest extent permitted by law.
c. 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).
d. If you accept these Terms in Australia, sections 5.2.b and 5.2.c above are not intended to have the effect of excluding, restricting or modifying:
1. the application of all or any of the provisions of the ACL; or
2. the exercise of a right conferred by such a provision; or
3. any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
6.3. When we will not be liable to you
a. We are not responsible or liable to the User, User Employee or the Business for:
1. any Loss or Claim relating to the provision of the MYOB Team, including delays, disruptions, inaccuracies or the loss of data;
2. any Loss or Claim relating to your use of, or reliance upon MYOB Team or system data provided to you through MYOB Team;
3. any Loss or Claim arising from a failure by us to comply with the Terms for any cause which could not reasonably be controlled or prevented by us;
4. any Loss or Claim arising from a failure by you or the Business to maintain archive records of your data; or
5. If you are a Business or User, any Loss or Claim incurred by you in connection with the submission of inaccurate or incomplete timesheet information by your User Employees.
6.4. Indemnity to us
a. You indemnify us and our staff (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your negligence, misrepresentation, fraud, breach of law or breach of these Terms. You indemnify the Indemnified Parties for any Loss or Claim suffered or incurred from the unauthorised use of your Username or a Password.
b. If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section 5.4.a above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
7. CHANGES TO TERMS
7.1. What can we do? – We may change any of these Terms.
7.2. Prior notice – We’ll give you at least 10 days’ prior notice (longer if required by legislation or any other code of conduct we subscribe to) of any change that is likely to materially affect or disrupt the manner in which you use MYOB Team.
7.3. Urgent changes – However if we need to restore or maintain the security of MYOB Team immediately, we may change Your use and access to MYOB Team without advance notice.
8.1. You will agree that all communications between you and us in relation to MYOB Team will be by email, by in-product notification, or by us posting a notification on the MYOB website (myob.com.au or myob.co.nz), unless another method is agreed to by the addressee.
8.2. Any notice or other communication to or by a party by email is regarded as being given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee’s email address (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee).
8.3. If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.
8.4. We may provide a notice or other communication to you by a posting to the MYOB website (myob.com.au or myob.co.nz) or within your Product. 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 the MYOB website and your product for notices or other communications.
You should note a few things about these Terms:
9.2. What happens if some of these Terms can’t operate? If any part or provision of these Terms are void, unenforceable or illegal in a jurisdiction, that part or provision 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 you and us, in which case we can terminate your use of MYOB Team at our election.
9.3. No waiver by us
If we do not insist upon strict performance of any part or provision of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach or default of these Terms.
You cannot assign or otherwise transfer the benefit of the agreement between us and you without our prior written consent. We can assign or otherwise transfer the benefit of the agreement between us and you.
9.5. Which laws apply to the Terms
If you accept these Terms in Australia, these Terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to these Terms (being you and us). If you accept these Terms in New Zealand, these terms are governed by the laws of New Zealand and the courts of New Zealand have jurisdiction over the parties to these Terms (being you and us).
10. YOUR PRIVACY
10.1. We collect, disclose and use your Personal Information to provide the products and services you have asked for and associated support, respond to your enquiries or feedback and to promote the products and services offered by us and 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.
10.2. To do these things, we may provide your Personal Information to our related companies, Third Parties and to people to whom we outsource functions. Some of the entities may be located in Australia, New Zealand, Singapore, India, the Philippines, the United States or other countries. If you do not provide your Personal Information, it may affect our ability to do business with you.
10.3. You consent to us collecting, using and disclosing your Personal Information for the purposes set out in section 12.1 above.
10.4. If you accept these terms in Australia
update your preferences about the marketing and promotional material we send to you;
request access to and seek correction of the Personal Information we hold about you;
make a privacy complaint; and
how we will deal with your complaint.
You can contact us about your privacy by email at email@example.com, or by post at
“Privacy Officer” MYOB Australia Pty Ltd, PO Box 371, Blackburn Victoria 3130.
10.5. If you accept these Terms in New Zealand
You can contact us about your privacy by email at firstname.lastname@example.org, or by post at
“Privacy Officer” MYOB NZ Limited, C/- Quigg Partners, Level 7, 36 Brandon Street, Wellington, 6011.
we may observe your use of MYOB Team and access all information you input or can access through MYOB Team. This will enable us to assist you with problems and make improvements for future versions of MYOB Team and other products and services.
10.7. In using MYOB Team, the User and/or User Employee acknowledge
that MYOB Team has geolocation services and timestamped photographing capabilities. This data is provided via MYOB Team to the relevant Business. MYOB is not responsible for how the Business utilises User and/or User Employee information gathered via MYOB Team.
10.8. You must ensure that all Users and User Employees read this ‘Your privacy’ section and the policies described above before using MYOB Team or providing their Personal Information to us.
10.9. If you provide any Personal Information about third-party individuals to us you must take reasonable steps to ensure that those individuals are aware of the matters in this ‘Your Privacy’ section and that we may collect, use and disclose their information to provide you with MYOB Team.
MYOB Team are trademarks of MYOB Technology Pty Ltd.