MyWorkpapers – Terms and Conditions of Use Agreement
These terms were last updated on 05 March 2016. They may be updated in the future and we will post the new version here on our website.
In this agreement, the following definitions apply unless the context requires otherwise:
Licence Fee means the fee, paid monthly or annually, to access and use of the Program.
Order Form means the form that is completed by You as part of the transaction process to purchase the Program.
Program means any program, or software provided to You by Us, accessed under the Licence Fee as detailed on the Order Form provided to You by Us.
Software means the software We use to allow the Program to be made available for access by You.
Data means any data entered or uploaded by You while using the Program.
Username and Password means the username and password provided to You to activate and access the program by your Subscription Fee.
We, Us, Our or similar words mean MyWorkpapers Pty. Ltd. (Australia – ABN 73 146 087 201) trading as MyWorkpapers and all related entities.
You means a person, sole trader, partnership, company or accountancy practice which has a subscription. Generally this will be your own business, or the business you are representing on the Order Form
End User means the person named in the Order Form.
This agreement is for a defined period and commences on the date of your initial registration and continues, unless terminated earlier by either party in accordance with the terms of this agreement.
a) In consideration of payment by You to Us of the Licence Fee, We agree to provide You with controlled access to the Program, in accordance with the terms of this agreement.
b) We reserve the right to make changes to information in, and obtained through the use of, the Program, at any time and without notice.
c) We may monitor Your use of the Program to ensure You are using the Program in accordance with this agreement.
d) MyWorkpapers retains the copyright, title and ownership of the Program and Software. You may not reverse engineer, decompile or disassemble the Software nor take any steps to defeat any software protection, except to the extent expressly permitted by the relevant law.
e) You will receive a Username and Password to activate the Program. After activating the Program, You will can access the program via the application.
f) You must keep your Username and Password confidential and must not provide or allow this to be used or shared by another user. Please refer to Clause 10 regarding termination of accounts if Your unique username and password is shared.
g) You must not rent, lease or lend any copy of the Software.
h) You must not modify or create derivative works based on the Software.
a) During the Term We will make reasonable efforts to make the Program available to You 24 hours per day 7 days per week, but you should note the provisions of clause 10.
b) Use of the Program is limited to Your use only. Please refer to Clause 10 regarding termination of accounts if Your unique username and password is shared.
a) You will not have access to the Program if the Licence Fee is 7 days overdue.
b) The Licence Fee is non-refundable for any reason, including if either of us terminate this agreement. Subject to this agreement, we reserve the right, in our sole discretion, to modify these Terms and the Licence fees, at any time.
a) If You experience difficulties accessing or using the Program, email our helpdesk at the address on the product website.
b) We will use reasonable efforts to assist you within a reasonable time, but You should note the provisions of clause 9.
c) Support is limited and we expect users to utilise our help centre.
7. Intellectual Property Rights
a) We own all property rights, including Intellectual Property rights in the Program (including the
Software and content). You acknowledge that all intellectual property rights in the Program and in the information generated through use of the Program are owned by Us.
b) You may not distribute the information (in any form) obtained from the Program or Your use of the Program to third parties, “mirror” or include the information on Your own server, or modify or re-use the information without Our prior written permission.
c) We grant You a non-exclusive, non-transferable licence for the Term to use the intellectual property rights subsisting in the Program from time to time for the purposes of Your use of the Program as permitted by this agreement.
d) We reserve all rights to the Software, the Program, the content that We provide in the Program, the documentation referred to in clause 8 and all rights subsisting in them.
e) You have sole responsibility for the accuracy and reliability of your Data. You retain ownership of any copyright, trademarks, database rights and any other intellectual property rights in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us.
f) We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide the Program.
g) You have sole responsibility for ensuring that the use of the Program and the storage of Data within the Program complies with all required laws and regulations for the jurisdiction in which You operate and for Your personal circumstances. We make no representations or guarantees that Data recorded and stored in the Program will be compliant with laws and regulations applicable to You.
8. Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement. Each party’s obligations under this clause will survive termination of the Agreement.
The provisions of this clause shall not apply to any information which:
• is or becomes public knowledge other than by a breach of this clause;
• is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
• is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
• is independently developed without access to the Confidential Information.
Ownership of Data
Your company, ledger or fund data is owned by you. If you cancel your Subscription or your Subscription expires, we will keep your data for a period of 1 year.
It is our mission to build users trust and confidence as we are committed to user privacy and would like to disclose our practices.
Please note that if at any time MyWorkpapers is required by law to release information about you or your organisation, MyWorkpapers must cooperate fully.
Information Collection and Use
MyWorkpapers is the sole owner of the information collected. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. MyWorkpapers collects information from our clients and prospects via email, websites, forums, facsimile, telephone, mail and various web services.
Information is collected when a prospect or client:
1. enquires about our software or services
2. purchases any of our software or services
3. provides feedback by any media
4. completes surveys or replies to expressions of interest
5. registers for promotional events
6. registers for hands on training, update seminars or webinars
7. renews a software subscription or service subscription
8. obtains any other service or product from us
9. participates in special offers
10. logs a support call
11. accesses our Internet site
12. communicates in our forums
13. adds items to or likes items on our product wish list
14. provides feedback through our website
Data files containing client information (and information of our clients’ clients) may also be collected to:
15. assist with the resolution of software problems
16. convert data from another software package to MyWorkpapers
17. combine software data sets
MyWorkpapers also potnetiallycollects:
18. bank account data for our Bank Data Service
19. contract note data for our Contract Note Service
20. registry data for our Registry Data Service
MyWorkpapers also has access to data stored in our web applications.
What happens if you do not provide the information?
Should the relevant information not be provided, clients may be disadvantaged as they may not receive software and product updates, support calls may not be able to be resolved and information may not be provided to the correct person.
What does MyWorkpapers collect and how is your information used by MyWorkpapers?
We request information from the clients to provide you with a specific service. This may include details of special offers, updates to software, details of product training courses, update sessions and webinars, newsletters, new product information and other information of interest. Information collected may be in the form of email, website submissions, facsimile, phone, face to face or mail. A client may provide information such as contact names, business name, contact number(s), facsimile number, mailing address and financial information like credit card number and expiry date, cheque or direct debit data. This information is used for billing purposes. If we have trouble processing payment, the contact information is used to contact the client.
MyWorkpapers uses IP addresses to analyse trends, administer our website and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
MyWorkpapers will send materials to clients by email, mail and facsimile. If at any time you receive material that you did not request or do not want to receive such material any more, see Correcting and Updating Your Profile below.
Data files are used by MyWorkpapers to resolve software problems or to convert or combine data files.
Bank account, contract note and registry data is used to provide these services to clients.
Who does MyWorkpapers disclose personal information to?
MyWorkpapers will not sell, rent, trade or otherwise supply to third parties any personal information or data files obtained from you unless you consent.
Who does MyWorkpapers disclose aggregated data to?
MyWorkpapers may share unidentifiable aggregated demographic data with other organisations and may use the unidentifiable aggregated demographic data to provide clients with a better user experience.
MyWorkpapers Marketing and you the customer
MyWorkpapers may market products and services to you that we think will benefit your business. These products and services may be from MyWorkpapers or from our business partners. You have the opportunity to opt out of MyWorkpapers marketing.
How will MyWorkpapers keep your personal information secure?
MyWorkpapers takes every precaution to protect our clients’ information. When clients submit sensitive information via our websites or client centre, information is protected both online and off-line. When our registration/purchase form asks users to enter sensitive information (such as credit card number), that information is protected.
MyWorkpapers has security measures designed to protect against the loss, misuse and/or alteration of the information under its control.
All client information is password protected. All paper files maintained are stored securely.
All client data stored on our fileservers is controlled by login names and passwords. Client data is deleted once the support issue has been resolved or the conversion or combination of data is complete.
Please note that if at any time MyWorkpapers is required by law to release information about you or your organisation, MyWorkpapers must cooperate fully.
Correcting and/or updating your profile
MyWorkpapers gives you the following options for accessing and modifying Information previously provided:
(a) You may gain access to Information that MyWorkpapers has collected about you, by contacting our Administration Manager. We will not charge you for responding to such request, unless we incur costs in providing the information.
(b) You are able to change/update personal information through your MyWorkpapers profile or by contacting our Support to change the firm’s licencing details. To update contact names or email address an email can be sent firstname.lastname@example.org
9. Exclusion of Warranties and liability
This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of the Program. It also requires You to compensate us for any loss we suffer as a result of your failure to comply with these terms and conditions.
To the maximum extent permitted by law:
a) We make no guarantee that the Program will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Program. The Program is not a substitute for a professional accountant and any information presented does not constitute accounting advice.
b) The information in, and obtained from, the Program may include errors and We make no warranty that the information in or obtained through use of the Program is error free. We disclaim all liability (including for negligence) for Your acting or relying on any inaccurate information supplied by Us in connection with Our provision of the Program to You.
c) You acknowledge that the Program is provided “as is”, and that We have not made, and that no person acting on Our behalf has made, any representation as to the suitability of the Program or any information provided or obtained by access to the Program for any particular purpose or intended use.
d) We will try to keep disruptions to a minimum but we may suspend the Program from time to time to carry out maintenance and support work and to investigate unauthorised use.You acknowledge that We give no warranty in connection with the availability or reliability of the Program or your access to the Program. You agree to satisfy Yourself about such things at all times.
e) You acknowledge that We give no warranty in connection with the availability, response times or reliability of information provided by Helpdesk referred to in clause 6.
f) We disclaim all warranties as to the freedom of the Software, the Program or the data in the Program from any “back door”, “time bomb”, “Trojan Horse”, “worm”, “drop dead device”, “virus” or other similar computer software routine or malicious code.
g) We exclude all implied warranties or conditions concerning the Software, Our website or any goods or services We supply or agree to supply. Our liability (including for negligence) for any breach by Us of any term or warranty required by law to be implied into this agreement is limited, at Our option, to an amount no greater than the subscription fees which You have paid to Us for the Term. (h) We disclaim all liability (including for negligence), howsoever arising, in connection with this agreement or the provision of access to the Program (including the Software) by Us. You agree to release and discharge Us and each of Our employees, officers, contractors agents and content partner from all actions, claims, charges, costs, expenses, losses, damages and other liabilities arising (including consequential loss, loss of profit and other economic loss) out of or otherwise in connection with this agreement.
h) If you access the Program using a password created to control access Your account, then You shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these terms and conditions by You. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these terms and conditions by You.
i) You acknowledge that We have not made, and that no person acting on Our behalf has made, any representation that use of the Program (or the Software) will not infringe any third party’s intellectual property rights.
a) The Program is licensed on a periodic basis, payable in advance. You can close Your Account at any time. The cancellation will be effective immediately.
b) Without limiting any other right of termination under this agreement, We may terminate this agreement immediately on notice to You if:
a. You fail to pay the Licence Fee;
b. You are in breach of this agreement;
c. The End User allows their user names and passwords to be shared or used by another user.
d. You stop or suspend or threaten to stop or suspend payment of all or a class of Your debts; or
e. You are insolvent, have an administrator appointed, are wound up or an application is made to wind You up.
c) If we withdraw access to the Program because these terms and conditions have been breached, no refund will be payable by us. We also reserve the right to close any MyWorkpapers Account (including during any ‘free trial’ or ‘beta trial’ period) for any reason, by giving one month notice.
d) Upon termination of Your Account by either party, we will retain the Data from Your account for a period of 1 year. After which time Your Data will be permanently deleted.
It is Your responsibility to ensure that appropriate backups, copies or other documentation of Your required Data is retained to comply with legal and regulatory requirements.
a) We reserve the right to change the terms and conditions of this agreement from time to time and therefore we may impose new or different terms and conditions on your use of the
Program (or Software). These additional terms will be posted on our website and will be effective from Your next subscription renewal or one month subsequent to being posted, whichever comes first.
b) Your continued use of the Program and Software will be deemed to constitute acceptance by You of all of the new terms. These terms and conditions may not otherwise be changed without our written consent.
a) If either You or We ignore any breach of these terms and conditions, it does not mean that any further breach cannot be enforced. Similarly, if any part of these terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
b) This agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.
c) Your use of the Program signifies Your acceptance of these terms and conditions.
d) We shall be entitled to transfer our rights and/or obligations under these terms and conditions to another party. You may not assign or transfer any of Your rights or obligations under this agreement without Our prior written consent which may be given or withheld in our absolute discretion.
e) Any provision of this agreement that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
f) This agreement is governed by the laws of Queensland, Australia. Each party submits to the nonexclusive jurisdiction of courts exercising jurisdiction there in connection with this agreement.
g) If any tax is payable by a party on a taxable supply made under or in relation to this agreement, the party paying the consideration for the supply must also pay any tax.