For the purposes of this Agreement:
- User” or “You” means the individual or business entity that is using or accessing the Services, including its employees and agents.
- “Services” means all the components (including websites, data upload and download facilities and data conversion programs) offered to convert one unique accounting data set from one third party software package to the relevant Reckon product format. The conversion to the relevant Reckon product format may require the use of tools that are online (cloud) tools.
- “Personal Information” has the meaning as given in the Privacy Act 1988 (Cth).
- “Privacy Laws” means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended from time to time.
- “Source Data” means any data inputted or uploaded by you or with your authority into the Service, which may include Personal Information
- “Output Data” means any data converted to the relevant Reckon product format and/or uploaded into the Service, which may include Personal Information.
- The Services includes Source Data upload, storing the uploaded Source Data on a server, converting it into the relevant Reckon product format and then notifying you to advise that the Output Data is available for you to retrieve.
- You acknowledge and agree that we may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that You may upload through the Services, the maximum size of the files that You may convert through our Services, the maximum number of hours or days that Source Data will be stored on our server, and the period of time to complete a conversion. You can request information on a case by case basis. We reserve the right to change or discontinue any of the Services at any time.
3. Conditions for Usage of Services
- You must ensure that all information issued to you by us required to access Source Data and Output Data using the Services are kept secure and confidential. We will not accept any liability as a result of your failure to safeguard the information.
- When using the Services you must not:
- Attempt to undermine the security or integrity of the Services;
- Attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access;
- Attempt to transmit or input into the Services any files that may damage any other person’s computing devices or software, any content that may be offensive, or any material or Source Data in violation of any law
- Upload or transmit as part of Source Data or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any privacy or intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (iv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
- Access, tamper with, or use any non-public areas of the Services or our computer systems or the technical delivery systems of our providers;
- Interfere with, or attempt to interfere with, the access of any Services User, host or network, including, without limitation, sending a virus, malicious programs, overloading, flooding, spamming, or mail-bombing the Services; or
- Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on our or other suppliers’ servers.
- Impersonate or misrepresent your affiliation with any person or entity
- Create a link to any website that is part of the Services from another website or document without our prior written consent.
- If you breach any of the above we reserve the right to remove any data submitted without reference to you and co-operate with any investigation by the authorities or court order relating to it, any and all consequences that may directly or indirectly follow will be entirely your responsibility. You agree to indemnify and hold us harmless from any action or consequences that may arise in such circumstances, including any claims by third parties.
4. Disclaimer, Limited Warranties and Limitation of Liability
- Our liability for breach of any implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at our sole option is to replace or re-supply the Services.
- The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. While we have endeavoured to take all reasonable steps to ensure that access to the Services and delivery of the Data Output is uninterrupted, we do not make any warranty that access to the Service or finalisation of, or access to the Data Output will be uninterrupted or be fit for your purpose or that the Service, the Source Data, or the Data Output will be error free or will not be deleted or lost, or available to you within any timeframe or meet any time deadlines, whether or not you have advised us of these requirements. You must verify the accuracy and completeness of all data in the Data Output.
- You acknowledge and agree that we will not be responsible for any failure to convert Source Data or store Source Data or Output Data. You acknowledge and agree that we will not be responsible for the deletion of Source Data or Output Data stored or processed during the provision of the Services, or for the corruption of or loss of any data, information or content contained in Source Data or Output Data. You bear full responsibility for archiving and backing up your Source Data and sole liability for any lost or irrecoverable Source Data.
- You acknowledge provision of the Service and your access to the Services, including the Data Output, may depend on third party networks, including for continuity of access and connectivity to us, the provision of the Services and security measures, over which we do not have control.
- Other than as set out in clauses 4.b and 4.c, and to the full extent permitted by law:
5. Disclosure to Third Parties
- You acknowledge that by virtue of the nature of the Services, it is required that Source Data be converted to the relevant Reckon product format by us, possibly also in the cloud.
- Reckon uses data processing facilities provided by Amazon AWS, Equinix and Microsoft which are principally located in Sydney, Australia but may include other locations from time to time, including in India.
- In order to provide the Services to you, we may transfer your Source Data and personal information out of Australia when you use the Service. This is necessary to give you access to the Service.
- We will also carry out such processing in Australia as may be necessary, or to implement measures requested by you.
- If transferred, your Source Data and personal data will be securely stored on cloud storage infrastructure which we license from third parties including Amazon AWS, Equinix and Microsoft. We have entered into binding contractual safeguards to protect your personal data while it is being processed by Amazon AWS and Microsoft which satisfy the requirements of Australian privacy law.
- You also acknowledge that your original submitted information (name, phone number, email address) is submitted to us.
- We give prime consideration to the integrity of all information travelling over their secure network. All hardware and software configurations are set at industry level best practice standards, with security and stability at the forefront. While every endeavour has been made to provide appropriate system security and procedures, this is subject to the limitations in clause 4.
You must pay the fees for the Services as set out in the written order form or the website as updated from time to time. Fees must be paid in advance of the Service being used.
9. Controlling Law and Jurisdiction