Terms & Conditions › Terms of use (Reckon Insights)

Terms of Use

Reckon Insights

Welcome to Reckon. By registering for access to the Services and your continued use of the Services, you confirm you accept these Terms of Use and agree to be bound by them.

These Terms of Use were last updated in August 2022. Reckon may change these Terms of Use and will use reasonable endeavours to notify you of these changes. Please read clause 15 to see what your rights are if Reckon make changes.

Please make sure to also check clause 18 at the end of this document to see terms that may apply specifically to the territory in which you reside, if outside Australia.

1 Accounts

To access the Services, you must set up an account.
- You agree and acknowledge that:
  - all information you provide Reckon will be true, accurate, current and complete; and
  - if you create an account on behalf of another person, you are authorised to register to use the Services and agree to these Terms of Use on behalf of that person (without limiting your obligations under these Terms of Use). Reckon may require a statutory declaration or similar sworn declaration (as authorised in the relevant local jurisdiction) to Reckon to confirm your authority.
  - You are responsible for maintaining the confidentially of your account and password and for all activity on or through your account (including authorised access by third parties) and you must not sell, transfer, license or assign your account, username, or any account rights. Reckon may charge a fee to reset your password.
- You must notify Reckon immediately of any unauthorised use of your account. Reckon are not liable for any loss or damage arising in connection with any unauthorised use of your account.
- Through your account, you will have the possibility to register for the Services. On registration for the Services, unless in Reckon’s reasonable discretion Reckon rejects your request to register for the Services, You will be able to set up an administrator user on your account (Reckon Insights Administrator) to enable you to manage your access and use of the Services, through the user management console (Reckon Insights Console).

2 Reckon Insights user licenses

The Reckon Insights Administrator may add or remove licenses for users of the Services (Authorised User) through the Reckon Insights Console, including Creator licenses and Viewer licenses (each, a Licence).
The Authorised Users may access and use the Services according to the features and pricing described on the Website for the relevant Licence and according to any permissions set by the Reckon Insights Administrator and/or is as already set in your account for the relevant Authorised User.
You are responsible for all Fees incurred by adding Licenses for Authorised Users, under your account.
You are responsible for compliance with this Terms of Use by all Authorised Users and to ensure that all use of the Services by you and your Authorised Users are within the features included in the Licence.
You agree that if you add a viewer Licence for your own customers (External Authorised User), you may not permit External Authorised Users to use the Services for purposes unrelated to supporting your own offerings or beyond the features of the viewer Licence. You are responsible for the External Authorised User as “Authorised Users” and you are solely responsible for your own products and services offerings to External Authorised Users. External Authorised Users may access the Services by creating an account on the Website. Notwithstanding anything to the contrary in this Terms of Use, to the maximum extent permitted by law, Reckon provides no direct or indirect warranty or indemnity and has no liability (including any Liability) or obligations of any kind to External Authorised Users.

3 Trial Period

If you are a first time user of the Services, Reckon may provide you with access to the Services for a trial period free of charge on terms that Reckon will publicise on its website from time to time.(Trial Period).
During the Trial Period:
the Services will be provided for evaluation only;
to the extent permitted by law and subject to consumer laws applicable to you, the Services are provided “as-is” and “as-available”, Reckon does not make any warranties and exclude all liability arising from your use of the Services, including loss of data or Your Data; and
Reckon may terminate your access to the Services at any time in Reckon’s sole discretion.
At the end of the Trial Period:
you must pay the Fees as defined in clause 6 to continue using the Services;
any data entered or collected from the Services will be lost unless you purchase a Licence or you export such data by exporting Outputs prior to the expiry of the Trial Period.

4 Services

Reckon grants you (and your Authorised Users) a non-exclusive, non-transferable, limited licence to access and use the Services in accordance with the Licence, including any new releases and updates of Services Reckon may make available from time to time.
Reckon may upgrade or update the Services at any time at its sole discretion.
The Licence will contain access to source data feeds (Data Feeds) that are accessible to you, and is as governed by your access rights to the Data Feeds. You agree that if you do not have a subscription from the source of the relevant Data Feed, or if the access rights applied to the Data Feeds provides you with limited access to the Data Feeds, you may not be able to use the Services, or your use of the Services for certain Data Feeds may be limited.
You acknowledge and agree that:
the speed of internet access will vary and may be affected by factors beyond Reckon’s control;
access to the Services may occasionally be interrupted by other factors beyond Reckon’s control; and
the Services do not constitute advice and you should seek legal, accounting or other relevant independent professional advice before taking any action in reliance on the Services.
You are solely responsible for:
determining whether the Services are suitable for your needs;
protecting Your Data and taking appropriate measures to protect Your Data from accidental, unlawful or unauthorised access, use or disclosure;
ensuring Your Data does not contain any content that will cause harm, loss or damage to Reckon or the Services (including the operation of the Services);
obtaining the necessary rights or licenses to Your Data, and to allow you to use Your Data with the Services;
ensuring that Your Data is accurate and complete;
complying with all applicable accounting, tax and other laws. You must check that storage of and access to Your Data will comply with all laws, including any laws requiring you to retain records, or laws relating to rights of any third party, including any Intellectual Property Rights or rights of publicity.
You must not:
use or access the Services in any unlawful way or for any illegal purpose;
use the Services in a manner that is excessive or unusual or creates an unfair burden on the provision of the Services, or similar services, to others (as judged in Reckon’s reasonable discretion);
infringe the intellectual property rights, privacy or confidentiality of any third party;
impersonate any third person or attempt to impersonate any person when using the Services;
use the Services to distribute, send or publish any e-newsletters, bulk emails, unsolicited electronic messages or other forms of “spam”;
knowingly transmit any virus, worm or other disabling or malicious feature, or attempt to interfere with the operation of the Services;
use, modify or adapt the Services or any third party data in any way that is contrary to these Terms of Use;
on-sell, transfer, rent, lease or assign any copy of the Services to any third-party;
violate or attempt to violate any aspect of the security of the Services; or
modify, reverse engineer, disassemble, decompile, copy, or cause damage, disruption, unintended effect to, or interfere with, any portion of the features available through, or in connection with Reckon’s provision of the Services, including the software.

5 Support

Reckon may update and carry out scheduled maintenance of the Services, so Reckon may have to suspend access to, or functionality on, the Services from time to time. Reckon will notify you of any scheduled maintenance that may interrupt the Services.
Reckon will provide you with support as set out on the Website. In some cases additional fees may be charged, for example data recovery and data migration. If you encounter any errors with the Services, you must contact Reckon by phone or using the support section on the Website.
If you initiate a support request, you grant Reckon direct access to your account to provide you with such support.
You acknowledge Reckon may charge you for fault resolution services at Reckon’s then current rates if Reckon responds to a request from you that is not covered by the technical support policy.

6 Fees and payment

In consideration of Reckon’s provision of the Services, you agree to pay Reckon the fees as set out on the Website for the Licence, and any relevant Data Feeds, you have selected, plus any applicable taxes (Fees). Reckon may change the Fees payable on notice to you.
Your Licence will automatically renew, unless you give Reckon notice prior to the end of the current term.
Where Licenses or Data Feeds are added or removed in the Reckon Insights Console, any variation to the Fees will be reflected from the next billing cycle.
For the avoidance of doubt, if you make multiple additions and/or removal of Licenses or Data Feeds within a billing cycle (Current Cycle), the Fees that apply for the next billing cycle will be determined by the status of the Licenses or Data Feeds selected at the end of the Current Cycle. The additional or removed Licenses or Data Feeds will be in effect from the start of the next billing cycle.
Reckon will invoice you in advance for the provision of the Services. You will not be entitled to a refund of any Fees you have paid in advance, except where you terminate these Terms of Use for Reckon’s breach.
You must nominate to have the Fees debited from your nominated credit card and you authorise Reckon to charge the Fees to your nominated credit card each month.
If you fail to pay an invoice by the due date (as a result of a dishonoured payment on your nominated credit or debit card, bank account or otherwise), Reckon may charge interest on overdue amounts at the rate of 1.5% per month, or the maximum amount permitted by law (whichever is greater) with interest accruing daily, and/or suspend your account and access to the Services until all overdue amounts are paid.

7 Third Party Products

The Services may contain features that interface with Third Party Products. If Third Party Products form part of the Licence, the Data Feeds or Services, the following will apply:
- if required by Reckon, your use of, and access to, any Third Party Products is subject to separate terms and conditions issued by the third party supplier of those products from time to time;
- if requested, Reckon will liaise with the third party supplier of the Third Party Products on your behalf;
- Reckon makes no representations or warranties in relation to any Third Party Products;
- Reckon may suspend your use of, or access to the Third Party Products if you breach the terms and conditions applicable to the Third Party Products or if Reckon no longer uses such Third Party Products.
You acknowledge and agree your use of Third Party Products with the Service may be contingent on you consenting to Your Data being made available to the providers of the Third Party Products.

8 Analytics

Despite anything to the contrary, Reckon may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymized format (Analytics).
You agree that Reckon may make such Analytics publicly available, provided that it does not contain identifying information; and is not compiled using a sample size small enough to make the underlying data identifiable.
Reckon, and its licensors, own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.

9 Intellectual property rights

Nothing in these Terms of Use transfers ownership of any Pre-Existing Materials or Services (including Outputs). Reckon reserves all rights in and to the Pre-Existing Materials and Services (including Outputs) not expressly granted to you under these Terms of Use.
You grant Reckon a non-exclusive, sublicensable right and licence to use Your Data for the purpose of performing Reckon’s obligations under these Terms of Use or diagnosing problems with the Services.
Reckon grants you a non-exclusive, revocable, worldwide, sublicensable and non-transferable right and licence, to use the outputs generated by the Services (Outputs), solely for the purposes of you obtaining the benefit of the Services, as contemplated by this Terms of Use.
You agree that all Intellectual Property Rights in any idea, suggestion, recommendation or request by you or any of your Authorised Users or your customers, whether made verbally or in writing, will at all times vest, or remain vested, in Reckon.
You consent to Reckon naming you as a client and reproducing your business name and logos for marketing and publicity purposes.

10 Confidentiality and privacy

Each party must comply with applicable privacy law in connection with the collection, use, handling, disclosure, quality, security of and access to personal information that the party holds. Reckon’s applicable Privacy Policies are at https://www.reckon.com/uk/policies/privacy/; https://www.reckon.com/au/policies/privacy/; and https://www.reckon.com/nz/policies/privacy/ and you will be taken to have accepted that Privacy Policy by accepting these Terms of Use.
Both parties must keep all Confidential Information confidential and use such information for the sole purpose of performing the obligations under these Terms of Use.
Neither party may use or disclose the Confidential Information except:
to that party’s employees, advisers, or customers on a need-to-know basis and that party must ensure that such persons understand and comply with the obligations imposed by this clause 10;
as required by law, subject to that party notifying the other party immediately if that party becomes aware that such disclosure may be required; or
with the other party’s prior written consent.

11 Liability

Subject to your Statutory Rights and to the fullest extent permitted by law:
- the Services are provided “as-is” without warranty of any kind or representations regarding the use, performance or results of the use, of the Services;
- in no event shall Reckon be liable for any Liability:
  - for any Third Party Products;
  - for any Consequential Loss, indirect, incidental, punitive or special losses of any kind, nor for any loss of data, profit, business interruption or a security breach); and
  - any loss arising from activity on your account, including additional usage fees, loss of data or downtime caused by deliberate, inadvertent or unauthorised access by any party, or files that you upload, transmit, install or otherwise use in connection with the Services (including Your Data); and
  - Reckon’s total aggregate liability in connection with all claims for Liability arising in relation to these Terms of Use will not exceed an amount equal to the Fees paid by you to Reckon in the preceding 12 months prior to the date the claim for Liability is made;
To the fullest extent permitted by law, where a mandatory term or statutory right cannot be waived (Statutory Rights), Reckon’s liability is limited, at Reckon’s option, to:
- if the breach relates to goods:
  - the replacement of the goods or the supply of equivalent goods;
  - the repair of the goods;
  - the payment of the cost of replacing the goods; or
  - the payment of the cost of having the goods repaired; or
- if the breach relates to services:
  - the supplying of the services again; or
  - the payment of the cost of having the services supplied again.

12 Security and Data

Reckon will use reasonable precautions to prevent unauthorised disclosure of Your Data, but Reckon shall not be responsible for any breach of its systems by any unauthorised third party unless such breach arises as a result of Reckon’s gross negligence.
From time to time, you may be able to upload certain files as part of Your Data through the Services. The upload of these files is subject to certain restrictions, including without limitation file type and file size. You agree to comply with these restrictions as notified to you from time to time.
Reckon does not represent or warrant that the Services are entirely secure, uninterrupted or error-free. You acknowledge that the public internet is an inherently insecure environment and that Reckon has no control over the privacy of any communications or the security of any data outside of Reckon’s internal systems.

13 Suspension and termination

You may terminate the Services at any time by electronic notice via the Reckon Insights Console.
Reckon may terminate these Terms of Use on notice to you if you:
- fail to remedy a breach within 7 days’ notice from Reckon requesting the breach be remedied;
- breach these Terms of Use and that breach is not capable of remedy;
- becomes insolvent or enter into liquidation to the extent permitted by law; or
- terminate your subscription for another Reckon product or service which these Services are dependent, or contingent, upon.
Upon the expiry or termination of these Terms of Use for any reason:
- you must pay all outstanding Fees to Reckon;
- you must pay any reasonable costs incurred by Reckon as a result of the termination (including third party cancellation fees and administrative costs), except where you have terminated for Reckon’s breach; and
- on Reckon’s request you must securely destroy Reckon’s Confidential Information.

14 Force Majeure Event

If a Force Majeure Event occurs, the affected party must notify the other party and the obligations of the party will be suspended to the extent that they are affected by the relevant Force Majeure Event until that Force Majeure Event has ceased.
If a Force Majeure Event continues for more than 60 days, either party may terminate these Terms of Use.

15 Notices

All notices and consents relating to these Terms of Use 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 these Terms of Use, Reckon will do so by sending a message to you via your account, including the Reckon Insight Console, 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.
If you want to contact Reckon you may do so by sending a message to Reckon via the Website or emailing Reckon at info@reckon.com. For adding or removing Licenses or Data Feeds please execute this in the Reckon Insights Console.

16 General terms

Reckon reserves the right at any time (whether in this version or in a new version) to change or remove features of the Services provided that, where there is any material alteration to the functionality of the Services in accordance with this clause, Reckon will provide you with 30 days’ notice.
Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
Reckon may sub-contract the performance of any part of the Services to any third party or assign these Terms of Use or any of Reckon’s rights or obligations under these Terms of Use.
These Terms of Use contains the entire understanding between the parties concerning the subject matter of the agreement and supersedes all prior communications.
The failure of either party to enforce any provisions under these Terms of Use will not waive the right of such party thereafter to enforce any such provisions.
If any term or provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
These Terms of Use is governed by, and construed in accordance with the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Reckon may change these Terms of Use (including any Fees for the Services) and will use reasonable endeavours to notify you, including by posting the changes on the Website. If the changes to the Terms of Use have a material adverse impact on you, you must notify Reckon within 30 days of receiving notice of the change. If Reckon considers that the change does have a material adverse impact on you, (determined in Reckon’s sole discretion) Reckon may allow you to continue to operate under the Terms of Use in effect immediately prior to the change. If Reckon do not offer you this option, you may terminate the Terms of Use on notice to Reckon.
You may not assign, transfer or otherwise deal with these Terms of Use or any right under these Terms of Use without Reckon’s prior written consent, which must not be unreasonably withheld. Reckon may assign, transfer or otherwise deal with these Terms of Use or any right under these Terms of Use where it is reasonable to do so, including for example where Reckon’s business is acquired by someone.
Any warranty, indemnity, or obligation of confidentiality or intellectual property in these Terms of Use will survive termination. Any other term which by its nature is intended to survive termination of these Terms of Use survives termination of these Terms of Use.

17 Definitions and interpretation

In these Terms of Use:
- Confidential Information means confidential, proprietary and commercially-sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) including information which:
  - is identified as confidential or ought to have been known to be confidential; and
  - relates to the business affairs and practices, including financial information, business opportunities, business plans, business processes and methodologies,
- but does not include information which is in, or comes into, the public domain other than by a breach of these Terms of Use, or which is independently known to the other party as evidenced by its written record.
- Consequential Loss means any loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the loss.
- Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, pandemics, epidemics, any government-enforced lockdowns or restrictions, breakages of machinery or industrial conditions or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority, which:
  - directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under these Terms of Use; and
  - is beyond the reasonable control of that party.
- Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, trade secrets, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms of Use or otherwise.
- Pre-Existing Materials mean any of materials existing at the date of these Terms of Use, including all trademarks, designs, design specifications, software, hardware or other documentation and materials used in Reckon’s business or operations, including software, source code, scripts, materials, reports, diagrams, code, processes, methods, specifications and other works.
- Reckon means:
  - in Australia, Reckon Limited ACN 003 348 730;
  - in New Zealand, Reckon New Zealand Pty Limited NZBN 94 29 033 586 205; and
  - in the United Kingdom, Reckon One Limited 03081021.
- Services means the online analytics software available on the Website that is branded under the name “Reckon Insights”.
- Third Party Products means any third party products and/or services, including data feeds.
- Your Data means the data, content, software, documents, files, information and materials you (or your Authorised Users) store, develop, host or publish on Reckon’s infrastructure using the Services.
- Website means Reckon’s websites including reckonone.com.au, www.reckonone.com

In these Terms of Use:
- a reference to a person includes a natural person, corporation, unincorporated association or partnership;
- a reference to a party to these Terms of Use includes its executors, administrators, substitutes, successors and permitted assigns;
- the headings in these Terms of Use are for convenience only and have no legal effect;
- the singular includes the plural and vice versa;
- other grammatical forms of a defined word or expression have a corresponding meaning;
- “including” and similar words do not imply any limitation;
- a reference to any agreement or document is a reference to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time; and
- a reference to a statute includes a reference to that statute as amended or replaced from time to time.

18 Territorial clauses

United Kingdom
- If you are purchasing the Services in the United Kingdom and or are subject to the jurisdiction of England and/or English law, the following terms and conditions supplement these Terms of Use and also apply to you:
- By accepting these Terms of Use you warrant that you are not a ‘Consumer’ (as defined by the Consumer Rights Act 2015) and that you will use the Services only for commercial and/or business purposes. You acknowledge that the Services are not provided for private or domestic use and warrant that you will make no such use of them.
- For the purposes of clause 5 you acknowledge and accept that you shall be responsible for the payment of all VAT (and/or similar sales or transaction taxes) that may be chargeable on the Fees.
- Your Data may contain data which is classified as ‘personal data’ in the United Kingdom (as defined by Directive 95/466/EC or by Regulation 2016/679, the ‘GDPR’). Where that is the case both parties agree and acknowledge that you are and shall remain the ‘data controller’ and that Reckon shall be the ‘data processor’.
- You warrant that you have all necessary consents and permissions to send Your Data to Reckon for the purposes contemplated by these Terms of Use.
- Reckon will only process personal data that you provide to it in order to deliver the Services as contemplated by these Terms of Use, or as you may specifically instruct it from time to time.
- Your Data may be stored in facilities which are located outside of the European Economic Area, by using the Service you are agreeing that Your Data may be sent to such facilities and that you have obtained from all data subjects whose personal data you may send to Reckon all necessary consents and permissions to permit it to store such data in this way.
- Reckon will not transfer Your Data to third parties without first receiving your specific instructions to do so. If Reckon is for any reason legally obliged to transfer any personal data inherent in Your Data to a third party it shall promptly notify you to the extent that it is legally permitted to do so.
- In the event that any data subject chooses to exercise any statutory right in relation to any personal data contained within Your Data, Reckon shall grant all reasonably requested assistance to you in order to assist you in complying with your statutory obligations.
- You undertake to indemnify and hold harmless Reckon against all costs, claims, damages or expenses incurred by it which may be caused by any failure by you to comply with any obligation set out in this clause 16 (United Kingdom). You further agree that Reckon is reliant upon you for direction as to the extent to which it is entitled to use and process Your Data; accordingly Reckon shall not be liable for any claim brought by any data subject which arises from any action or omission, to the extent that such action or omission resulted directly from your instructions.
New Zealand
- If you are purchasing the Services in New Zealand and or are subject to the jurisdiction of New Zealand and/or New Zealand law, the following terms and conditions supplement these Terms of Use and also apply to you:
- These Terms of Use are subject to the consumer guarantees regime as set out in the Consumer Guarantees Act 1993 (NZ), as amended from time to time. 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. These guarantees cannot be modified nor excluded by any contract, except in those circumstances contemplated by section 43(2) of the New Zealand Consumer Guarantees Act.

​Terms of Use

Terms of Use