This Licence agreement applies to the following products and services and the related user guides and materials provided by Reckon Limited (ABN 14 003 348 730) (Reckon, us, or we): GovConnect (Software).
Please read this Licence agreement carefully. If you licence any of the Software, then you agree to be bound by this Licence agreement.
THIS IS AN IMPORTANT DOCUMENT. PLEASE READ THIS CAREFULLY.
IMPORTANT: Please refer to the website for details of the Software, minimum requirements and functionality. There are a number of technical features within the Software that may affect your ability to continue to use the Software. These are outlined in more detail in the terms of the Licence, but in summary:
- You are purchasing the right to use the Software, not to own it for your exclusive use or use on your behalf;
- If you have been provided with a Trial Version, you may only use the Software on a temporary basis to evaluate the Software’s functionality and suitability for your requirements;
- You must be a current Reckon Subscriber each time you access this Software. To be Reckon Subscriber you must have a current version or subscription to a specified Reckon Software (ie. Reckon Accounts Hosted, Accounts Accounting, Accounts Enterprise, Accounts Pro, Accounts Premier), and hold a current Reckon Advantage membership, or be a current Professional Partner member. Reckon will verify your status at every use of the Software to confirm that you are a Reckon Subscriber and eligible to access the Software. If you are not a Reckon Subscriber at the relevant time, you will not be able to use the Software;
- The number of licences and users to which you subscribe as a Reckon Subscriber determines the number of licences and permitted users of the Software;
- The ability of Reckon to provide access to the SBR–enabled applications is subject to the terms and conditions of Reckon’s licence with the Commonwealth Government and relies on the accuracy, functionality and security of the relevant Government authorities or Participating SBR Agency, such as the ATO or ASIC, over which Reckon does not have any control;
- You must separately agree to accept the Commonwealth’s End User Licence Agreement and Privacy Conditions which relate to access to the SBR facilities. (They can be accessed on the official SBR website, sbr.gov.au, then go to About SBR, and SBR legal conditions.)
- You need to have notified the Australian Tax Office (either via the ATO Access Manager or otherwise) that Reckon is a software developer allowed to submit data on your behalf, to be able to use the Software and access the SBR-enabled services. We will provide you with an identifier in the Software to allow you to do so. You are responsible for all activities, transactions, authorisations, statements and declarations made when using the Software;
- You are solely responsible for the accuracy of any information or material lodged or penalties using the Software and any access or documentation needed to be kept to meet regulatory requirements in relation to the information or material lodged. You are responsible for ensuring that the information held by the Participating SBR Agency is relevant and up to date;
- The Commonwealth, the States and Territories and their agencies involved in the SBR Program do not endorse, certify, warrant or, to the extent permitted by law, accept any liability for this product (direct, indirect or consequential). You must satisfy yourself that this product is suitable for your requirements and IT environment;
- Reckon has a ‘sunset policy’ which means that technical support is not available for some older versions of the Software. This includes the ability to install or re-install Software for any reason for those old versions. If you wish to continue using the Software in those circumstances, you will need to purchase a new copy of the current version of the Software.
- Evaluation licence:If Reckon has provided a Trial Version of the Software to you, your rights to use the Trial Version are solely as set out in clause 12.
- Licence to use: Reckon grants you a personal, non-exclusive, non-transferable, limited licence to use the Software on the terms of this Licence for the period determined in accordance with clause 10.
- No transfer of copyright:The Software is licensed not sold, despite any reference to “purchase” or “sale” in this Licence or in any invoice or purchase order for the supply of the Software. Reckon reserves all rights not expressly granted to you. Reckon Limited is the owner of copyright in the Software and retains ownership of the copyright and all other intellectual property rights in the Software and is protected by copyright law and international copyright treaty.
Your permitted use of the software
- In order to use the Software you must be a current Reckon Subscriber ( i.e. you must have a current version or subscription to the Reckon Software, and hold a current Reckon Advantage membership or be a current Professional Partner member) each time you use the Software. Reckon will verify your status at each use of the Software to determine your eligibility to continue to have access to the Software.
- The number of licences and users to which you subscribe as a Reckon Subscriber determines the number of licences and permitted users of the Software.
- Access to the Service:
- All access to the Software is verified by user name and password and multi factor authentication;
- You are entirely responsible for maintaining the confidentiality of all your access details (eg user name and password and all aspects of multi factor authentication) and every user on your Account;
- You are responsible for any and all activities that occur under your Account by any person or persons;
- You agree to notify Reckon immediately of any unauthorised use of your Account or any other breach of security;
- Reckon will not be liable for any loss that you may incur as a result of unauthorised use of your Account by any person or persons;
- You may be held responsible for losses incurred by Reckon or any third party due to any unauthorised use of your Account by any person or persons;
- Access to your Account may be restricted by user login and passwords; and
- You are entirely responsible for the access rights that are granted to any person or other users under your Account.
- Internet access: You acknowledge and agree:
- Use of the Software requires internet access;
- Speed of internet access will vary and may be affected by factors beyond the control of Reckon;
- Any access to the internet involves security risks and new threats to internet security are continually evolving; and
- You accept responsibility for maintaining your own security regarding access to the internet and protection of your data.
- No unlawful or prohibited use:It is a condition of your use of the Software, that you will not yourself, or allow others:
- To use the Software for unlawful purposes or any purpose prohibited by the terms of this Licence;
- To use the Software in any manner that could damage, disable, overburden or impair any Reckon server, or the networks connected to Reckon’s server or otherwise interfere with any other person’s use and enjoyment of the Software;
- To gain unauthorised access to any Software or other accounts, computer systems or networks connected to the Reckon server or Software, through hacking, password mining or any other means;
- To obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software;
- To knowingly or recklessly post, link to, install or transmit, or permit third party users to post, link to or to transmit: A. Any material that is abusive, threatening, harmful, malicious, defamatory, obscene, pornographic, profane or otherwise unlawful; B. Any material containing a virus or other hostile computer program; C. To post, link to or transmit any material that constitutes or encourages a criminal offence, gives rise to civil liability or infringes the intellectual property rights of any third parties.
- Communication: Most communication from Reckon to you is by email, Community and in-product notifications. It is your responsibility to ensure that Reckon is provided with all your current contact details, including your email address and that you receive and check your emails regularly. Reckon will not be liable to you for any loss that you may incur as a result of not providing us with your current details or not receiving such communication from Reckon.
- Notwithstanding anything to the contrary in this Licence or elsewhere, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Software, in an aggregated and anonymized format (“Analytics”). You agree that we may make such Analytics publicly available, provided that it: (i) does not contain identifying information; and (ii) is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all intellectual property rights in the foregoing.
- General restrictions:You must not:
- use or rely upon the Software for any purpose or in any manner for which the Software is not warranted;
- copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the Software;
- reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Software; or
- sell, market, network, transfer, lease, license, sub-license, rent, lend, share or otherwise dispose of or distribute the Software and/or any relevant access or verification details; or
- use the Software to provide bureau, hosting services by internet or by any other means.
Back-up and data retention
- Back up:You should also ensure you conduct regular backups of your data. Except as required by the Consumer Guarantees, Reckon on behalf of itself and/or any of its distributors and associates does not assume any liability for loss of data.
- Data retention:You are responsible for ensuring you meet all your data retention requirements for tax and any other compliance purposes. You should confirm these requirements with your professional adviser, as some legislation requires you to keep copies of certain data for later reference, for example, for the ATO or ASIC.
Product activation and verification
- Manner of verification: Reckon verifies authorised use of your Account on the basis of the username and password and multi factor authentication. Therefore, it is critical that you maintain and protect confidentiality of all access details to your Account.
- Consequences of non-renewal and failure to verify details: If a subscription is not renewed, Software will be discontinued and you will not have access to the Software.
- Statutory declaration: In certain circumstances to authorise, reactivate or confirm the Authorised Users, Reckon may require you to provide it with a Statutory Declaration stating the reasons for re-activation or confirming the Authorised Users in a form required by Reckon.
Data Collection & Privacy
- You acknowledge and agree that Reckon collects information from you when registering, activating and validating the Software. Additional information may also be collected in relation to your use of the Software. Reckon handles personal information in accordance with the Privacy Act 1988 (Cth) and the applicable Privacy Principles. For details on how we collect, use, disclose and store your personal information and how you can contact us if you want to access or correct personal information please refer to Reckon’s Privacy Statement on our website.
- By activating and using the Software:
- you acknowledge and agree that you are solely responsible and liable for any personal information you collect, use or store using the Software.
- Period when technical support is available: Reckon will provide technical support for the Software only (and for the avoidance of doubt this does not include support for third party hardware or software, which remains the responsibility of the relevant third party), during the period for which you are a current Reckon Subscriber and have paid the relevant subscription fees.
- You acknowledge that Reckon cannot guarantee that you will not experience some delay in having one of our technical support consultants answer your query. You will appreciate that as call volumes fluctuate so too will our response time.
- We also reserve the right at any time to change the hours of operation of technical support for the Software.
- What is included as part of technical support: Reckon will provide technical support in accordance with its then current technical support policy, which may include:
- as contemplated by clause 4, the technical support required to reactivate the Software (for example, when you verify your licence details or renew a subscription);
- provision of telephone help desk support services; and
- access to technical information about the Software contained on Reckon’s website.
- What is NOT included as part of technical support: Reckon will not provide technical support:
- for third party hardware or software, which remains the responsibility of the relevant third party;
- relating to verification of the data you supply to the Participating SBR Agencies using the Software or the business processes or policies employed by the Participating SBR Agencies, for example, how they verify, use, process or access the information you supply or have supplied, including historical data;
- relating to the accuracy or relevance of information which is supplied or relied upon by the Participating SBR Agencies, prior or through your use of the Software. You are responsible for ensuring that the Participating SBR Agencies have been provided with all relevant current information needed to submit any relevant form or lodgement.
- liaising with any of the Participating SBR Agencies on your behalf about information held by those agencies or how they have verified or processed any of the information provided to them by you or on your behalf whether or not you provided this information using the Software;
- the provision of legal or other professional advice relating to the content or information required for compliance with relevant laws or regulation or regulatory authorities or the Participating SBR Agencies e.g. including ATO, ASIC; or
- the recovery of back-ups.
- Fees: You may be required to pay charges for all other technical support, including technical support to reactivate your Software .
- SBR-enabled services:[AUSTRALIA ONLY] The availability of the SBR-enabled services is subject to:
- the continuing licences from Commonwealth to Reckon permitting use of the Software for SBR-enabled services with such as the ATO and ASIC; and
- also that you are a current Reckon Subscriber at the time of using or accessing the Software.
- Access to SBR-enabled Software: To access the SBR-enabled Software you:
- Need to have notified the Australian Tax Office (either via the ATO Access Manager or otherwise) that Reckon is a software developer allowed to submit data on your behalf, to be able to use the Software and access the SBR-enabled services. We will provide you with an identifier in the Software to allow you to do so. You are responsible for all activities, transactions, authorisations, statements and declarations made when using the Software;
- You must separately agree to accept the Commonwealth’s End User Licence Agreement and Privacy Conditions which relate to access to the SBR facilities of the Participating SBR Agencies and you acknowledge and accept that your use of the SBR-enabled services will also be subject to the terms and conditions of use of any other relevant Participating SBR Agency;
- You are responsible for ensuring that the information provided to and held by the Participating SBR Agencies relating to your use of the SBR-enabled services, is relevant and up to date;
- You are solely responsible for the accuracy of any information or material lodged using the Software and including, but not limited to maintaining and keeping the required documentation and records needed to be kept to meet regulatory requirements in relation to the information or material lodged;
- You are solely responsible for ensuring that you meet all regulatory and statutory requirements including but not limited to lodgement deadlines or any penalties you may incur in relation to those requirements; and
- Acknowledge and agree that access to SBR-enabled services may be withdrawn by the Commonwealth or Reckon at any time. Reckon will not be liable for the withdrawal of access to any SBR-enabled service or the Software for any reason whatsoever. Where access is to be withdrawn, Reckon may choose to notify you in advance provided that you have supplied Reckon with a valid and up to date email address.
This clause 8 is subject to the consumer guarantees regime as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (also referred to as the Australian Consumer Law), as amended from time to time, or other similar legislation of a state or territory of Australia. (“Consumer Guarantees”). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Software provided on an ‘as is’ basis: Except as required by the Consumer Guarantees, Reckon provides the Software to you on an “as is” basis and without any representations by Reckon or any of its authorised distributors regarding the use, performance or results of the use, of the Software.
- No guarantee that Software will be error free or that its use will be uninterrupted:While Reckon has endeavoured to make sure that the Software works substantially as per the specifications published by Reckon from time to time, except as required by the Consumer Guarantees, Reckon does not guarantee or make any warranty that:
- the Software will work on all computer hardware platforms or configurations;
- the Software will be error free; or
- that its use will be uninterrupted.
- Internet access, telecommunications networks, firewalls and security:Except as required by the Consumer Guarantees, Reckon does not guarantee, the uninterrupted availability of the website or applications hosted by the website by Reckon’s servers (or the servers of third parties which Reckon may engage to provide the whole or part of the Software) or connections to its online activation server as these may be dependent upon third party networks and security measures over which Reckon has no control.
- SBR Disclaimer: The Commonwealth, the States and Territories and their agencies involved in the SBR Program do not endorse, certify, warrant or, to the extent permitted by law, accept any liability for this product (direct, indirect or consequential). You must satisfy yourself that this product is suitable for your requirements and IT environment
- Reliance on availability, functionality and security systems or networks accessed using the Software. The Software including the SBR-enabled services rely on the availability, functionality and security of the systems or networks of Reckon, and the Government and its agencies (which includes but is not limited to SBR-enabled services or related infrastructure of the Participating SBR Agencies, such as the ATO) or third parties over which Reckon does not have any control. Except as required by the Consumer Guarantees, Reckon does not guarantee or warrant that there will not be any down-time, delays, breaches of security, lack of availability of systems or networks of either Reckon, or of the Government or any of its agencies (which includes but is not limited to SBR-enabled services or related infrastructure of the Participating SBR Agencies) or third parties;
- You acknowledge, you are responsible for ensuring all information provided to Participating SBR Agencies is current and correct, whether or not you used the Software to provide the information.
- Compliance, Accuracy and Use of Data;You are responsible for ensuring all required data or any other data provided to Participating SBR Agencies is accurate and is compliant with all relevant laws and regulations, whether or not you used the Software to provide the information.
- Reckon does not have any control over the information entered or received by Participating SBR Agencies or the processing of data by third parties or Participating SBR Agencies, or any information which is submitted using the Software.
- Reckon does not guarantee that the data entered in documents and lodged with Participating SBR Agencies using the Software, is correct or compliant with any relevant legislation or regulatory requirement.
- Reckon cannot guarantee that the relevant Participating SBR Agencies, receiving data via the Software will process the information promptly or accurately.
- Certain rights cannot be excluded: The Competition and Consumer Act 2010 (Cth), and other laws may imply certain conditions and warranties into this Licence and give you certain rights and remedies that cannot be excluded or modified. This clause 9, and the limited warranties provided in clause 7, do not exclude or modify any of those rights if to do so would contravene that law or make any part of this Licence void.
- Exclusion of warranties:To the full extent permitted by law, Reckon excludes all conditions, warranties and rights that may be implied into this Licence. If conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by law and it is not lawful to exclude, restrict or modify them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence.
- Limitation of implied terms: Reckon’s (and its distributors’) liability for breach of any implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of Reckon, to replacing or re-supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again.
- General exclusion and limitation: Other than as set out in clauses b) and c)9.c), and as required by the Consumer Guarantees:
- Reckon (and its authorised distributors) will not be liable to you or any other person for any direct or indirect loss, damages, liability, costs or expenses including fees or penalties for late lodgement of documents, errors or inaccuracies in information lodged with regulatory authorities or Participating SBR Agencies, or errors made by regulatory authorities or Participating SBR Agencies, such as ATO or ASIC, suffered by you or any other person relating to the performance or non-performance of the Software, including delays or downtime of the SBR-enabled services, or delays caused by verification of your access rights to the Software whether by Reckon, the Participating SBR Agencies or any third party, nor any breach of this Licence or the supply of the Software or in connection with, but not limited to, the SBR-enables services, including ASIC and relevant State/Territory Authorities, any calculations done by Participating SBR Agencies during or after the pre-lodge or lodging of documents using the SBR-enabled services or the Software, networks or infrastructure or provision of technical support (whether by telephone or remote access or other means), nor will the liability of Reckon include or extend to any special or consequential loss or damage suffered by you; and
- The Software including the SBR-enabled services rely on the availability, functionality and security of the Participating SBR Agencies such as ATO over which Reckon does not have any control. Except where required by the Consumer Guarantees, Reckon will not be liable: for any down-time, delays, lack of availability of the SBR-enabled Software at any time; or for any fees or penalties incurred resulting from any delays or errors in lodgement using the Software or any of the SBR-enabled services; and
- To the extent permitted by law, in any 12 month period commencing on the effective date of this Licence or the effective date’s anniversary (“Contract Year”), our liability in the aggregate for all liabilities or claims in relation to any Software or this Licence (whether under statute, contract, negligence or other tort, indemnity, or otherwise) will be limited to the amount of the fee paid by you to the us in that Contract Year in respect of the relevant Software giving rise to liability or claim.
- Your liability to Reckon: You agree that Reckon (and its authorised distributors) will not be liable, other than as required by the Consumer Guarantees or as expressly set out in this Licence, and that you will indemnify Reckon (and its authorised distributors) from any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of the Software (including any claims made against you by third parties).
- Use of Software is not provision of professional advice: The information contained in this Software may contain features designed to assist you in complying with the requirements of the relevant legislation, e.g.: taxation. If the Software contains features to assist with taxation or your use of the SBR-enabled services, then Reckon does not warrant that the relevant reports you submit using the Software will be compliant with legal requirements, as these change from time to time. You agree it is your obligation to ensure that deductions and rates used for taxation (of any nature) and any other deductions/contributions calculated using the software are correct from time to time and at the applicable time and that nothing in the software constitutes professional advice in relation to these matters. The help contained in this Software is not a substitute for professional advice. Legal and accounting advice should be obtained before taking any action in reliance on this Software. The software is also not financial product advice. In addition any tax tables that might be supplied with this Software are also changed from time to time and you should consult with your professional adviser before relying on the tax tables. Reckon does not warrant that the tax tables are up to date at your date of purchase. Your reliance on any other information to assist you to comply with any relevant legislation or to use the SBR-enabled services, whether or not accessed using this Software, is governed by the relevant terms and conditions of the provider of that information, for example, the licence relating to other Reckon Software or other Reckon products. In providing you with any tax tables or other tables or information or calculators etc, Reckon is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, you should seek the service of a competent professional.
- Reckon has no responsibility for recommendations: Except as required by the Consumer Guarantees, Reckon, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of this Software or not, in respect of anything (including, without limitation, any error in or omission from this Software) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in this Software.
- Corruption of Data and on-line access:Except as required by the Consumer Guarantees, Reckon and its authorised distributors disclaim all liability for any corruption of data, inability to access data, loss of data, breach of privacy, or downtime as a result of or arising from the use of any online link available between the Software and another server including without limitation in connection with SBR-enabled services.
Term and termination of licence
- Licence Term:Unless this Licence is terminated earlier in accordance with its terms, your right to use the Software in accordance with this Licence continues while you are a current Reckon Subscriber. Reckon will verify your status as a Reckon Subscriber each time you use the Software. If you are not a current Reckon Subscriber at the time that you are attempting to use the Software, Reckon will terminate your Licence until such time as you again become a current Reckon Subscriber.
- Termination for breach:Either Party may terminate this Licence if the other party is in breach of its terms and fail to remedy such breach within 7 days of request to do so.
- Effect of Termination:Upon termination, Software will be discontinued, you will not have access to the Software and your data will be destroyed within 30 days from the expiry of your subscription unless agreed arrangements have been made by you to transfer your data, BEFORE that time.
- Things you must do on termination: Upon termination, it is your sole responsibility to ensure the removal of all data from Reckon’s servers. NO data will be recoverable 30 days after the termination is effective.
- Survival:Clauses 2, 5, 7, 8, 9, and this clause 10 will survive the termination of this Licence. Termination of this Licence will not prejudice any right which Reckon may have, or but for the termination may have had, against you for a breach of this Licence.
If you have purchased a subscription version of the Software, this additional clause 11 will apply.
- No extension of Licence term: Your right and entitlement to use the Software, as enhanced by any Upgrades and/or Updates, concludes at the end of the term of the Licence (subject to payment of an annual subscription fee) and is not linked to the dates of release, registration or provision by Reckon of any Upgrades and/or Updates.
- This Licence prevails:If you have purchased this Software as an Upgrade to an earlier version of the Software, this Licence shall supersede any previous licence agreement.
- Not all Upgrades included: Your subscription to the Software and any Upgrades and/or Updates under this Licence does not grant you the right to receive special versions of the Software created for certain customers or market segments, even though they may contain similar features or functions. Versions of the Software which may from time to time be offered in retail or other channels in different configurations as special promotions are not included as part of the subscription.
- No obligation on Reckon to upgrade: Upgrades and/or Updates will be developed and released by Reckon in its sole discretion, and Reckon does not warrant or represent that it will develop or release any Upgrades and/or Updates during the term of the subscription period or Licence. Furthermore, Reckon does not warrant that the Upgrades and/or Updates will be provided to you or made available within any specified time period following the commercial release of such Upgrades and/or Updates.
- Payment:Payment shall be calculated according to the subscription fees available to you and set out on the pricing page of the Website, subject to variation by Reckon from time to time on 30 days notice to you. If you do not agree to a variation of our fees you may terminate this Licence without penalty by providing us written notice, subject to us reserving our right to maintain the Licence at the unvaried fee.
- When payment is due: If applicable to the Software licensed to you, you will be required to pay the monthly subscription fee in advance on the first business day of each month. You authorise Reckon to direct debit your monthly subscription fee from the bank account nominated by you. Otherwise payment of the subscription fee is governed by the relevant licence for the Reckon Software, Reckon Advantage membership or Professional Partner membership.
- Deactivation at end of subscription period:As per clause 4, the subscription version of the Software is provided to you on the understanding and acknowledgment that it may contain technology which deactivates and disables the software if your subscription is not renewed or you are found to be in breach of this licence agreement. If you do not renew the relevant subscription for the Reckon Software, Reckon Advantage membership or Professional Partner membership you will no longer have access to the Software or the SBR-enabled services.
If you have been provided with a Trial Version of the Software, this clause 11 sets out the terms that will apply to your use of the Trial Version.
- Licence: Your licence to use the Trial Version:
- permits you to evaluate the Software’s functionality and suitability for your requirements;
- is for the number of users set out in the material accompanying your copy of the Trial Version;
- is subject to the provisions of clauses 2, 5, 7, 8 and 9;
- Is for three months (Evaluation Period); and
- Duration: You acknowledge that your licence to use the Trial Version will only apply for the Evaluation Period. At the end of the Evaluation Period:
- you must not and will not be able to continue to access the Trial Version, including any data that you have entered into the Trial Version; and
- if you wish to use the Software you must purchase a full version or subscription version of the Software.
- Entitlements: You may be required to pay for any technical support that you may require in relation to the Trial Version in accordance with Reckon’s then current charges.
- Liability:You acknowledge that subject to clauses b) and 9.c), other than as required by the Consumer Guarantees, Reckon excludes all liability to you for any loss, damage, liability, costs or expenses suffered by you relating to the performance or non-performance of the Trial Version or any breach of this clause.
- Applicable law: This Licence is governed by the laws of the State of New South Wales, Australia.
- Entire Agreement: This Licence contains the entire agreement between Reckon and you in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.
- Waiver: Any failure to enforce any rights under this Licence by Reckon is not to be taken as a waiver of those rights.
- Disputes: You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of Reckon Software including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
- Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any Force Majeure Event. We will provide you with prompt notice of the occurrence of any Force Majeure Event. If we are delayed from performing our obligations due to such a circumstance for a period of at least 30 days, we may terminate our Agreement with you by giving you five business days’ notice in writing.
- Variation:To the extent permitted by law, Reckon may vary any of the terms and conditions of this Licence upon providing you with thirty (30) days notice in writing and a copy of the replacement terms and conditions. In the case of subscription users no new terms will come into force until the commencement of your renewed subscription period. Reckon will display any new terms and conditions on Reckon’s web site and you should check the website regularly. See www.reckon.com.
- Headings:Clause headings are for ease of reference only and do not affect the meaning of this Licence.
- Use or access to Reckon Software, Reckon Advantage membership or Professional Partner membership:The terms of the relevant Licence or membership will apply to your use and access of the relevant software or membership.
- Third Party Applications and Technology:in some versions of the Software, you may in the installation process also have installed third party applications and technology. The terms of the third party’s licence will apply to your use of all such third party applications and technology.
ASIC means the Australian Securities and Investment Commission.
ATO means the Australian Tax Office.
AUSkey means the current on-line security credential used to enable reports to be sent using the Software, to Participating SBR Agencies to access government on-line services.
Force Majeure Event means an event which is beyond our reasonable control including a fire, storm, flood, earthquake, explosion, accident, act of the public enemy, terrorist act, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, transportation embargo, and strike by employees of a third person other than a subcontractor of a party.
Participating SBR Agencies means Commonwealth or State Government departments or agencies which allow Australian businesses to prepare and lodge certain government forms and information directly from SBR-enabled software, such as the Software.
Professional Partner member means current member of Reckon’s Professional Partner Program.
Reckon Advantage means Reckon Advantage, an annual membership program. Benefits include product upgrades and updates released during membership period
Reckon Software means Reckon Accounts Hosted, Reckon Accounts Accounting, Reckon Accounts Enterprise, Reckon Accounts Pro, Reckon Accounts Plus, Reckon Accounts, Premier.
Reckon Subscriber means you have a current version or subscription of the Reckon Software and are a current Reckon Advantage member or Professional Partner member. You must be a current Reckon Subscriber to have access to the Software.
SBR-enabled services means the application(s) which allow access to government on-line services offered by Participating SBR Agencies to meet certain reporting obligations by using the Software together with the authorisations permitted by your AUSkey credentials.
Trial Version means Software that has been provided to you on a temporary basis in order to carry out a trial of that Software to determine whether you wish to use the Software on an ongoing basis.
Update means a new version of the Software which contains minor enhancements.
Upgrade means a new version of the Software which contains additional functionality or other enhancements. Reckon will determine whether a new version constitutes an Upgrade or an Update.
- Reckon’s Contact details:
|Business Address:||Level 2, 100 Pacific Highway, North Sydney, NSW 2060|
|Phone:||1800 732 566|
Reckon, Reckon logo, and R logos are trademarks of Reckon Limited. All rights reserved.
All notices and consents relating to this Licence must be in writing. A notice is deemed to have been received:
- if posted by Reckon on the Website, within 6 hours of the time of the post; or
- if sent by email or by electronic message sent via the Services, when the sender receives an automated message confirming delivery or within 24 hours of that message being sent (as recorded on the device from which the sender sent the message).
If Reckon needs to provide you with notice, consent or other communication under this Licence, Reckon will do so by sending a message to you via your account, sending an email and/or text message to the email address and/or mobile phone number specified on your account, posting a notice on Reckon’s Website or through push notifications or through the Community.
If you want to contact Reckon you may do so by sending a message to Reckon via the Website or emailing Reckon at email@example.com.