Terms & Conditions | Linfinity Accounting

WEBSITE TERMS AND CONDITIONS OF USE

About the Website
1. Welcome to linfinity.com.au (the ‘Website’). The Website accounting services (the
  ‘Services’).
2. The Website is operated by Linfinity Chartered Accountants(ABN 14 469 551 445).
  Access to and use of the Website, or any of its associated Products or Services, is
  provided by Linfinity Chartered Accountants. Please read these terms and
  conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website,
  this signifies that you have read, understood and agree to be bound by the Terms.
  If you do not agree with the Terms, you must cease usage of the Website, or any
  of Services, immediately.
3. Linfinity Chartered Accountants reserves the right to review and change any of the
  Terms by updating this page at its sole discretion. When Linfinity Chartered
  Accountants updates the Terms, it will use reasonable endeavours to provide you
  with notice of updates to the Terms. Any changes to the Terms take immediate
  effect from the date of their publication. Before you continue, we recommend you
  keep a copy of the Terms for your records.
Acceptance of the Terms
1. You accept the Terms by remaining on the Website. You may also accept the
  Terms by clicking to accept or agree to the Terms where this option is made
  available to you by Linfinity Chartered Accountants in the user interface.
Registration to use the Services
1. In order to access the Services, you must first register for an account through the
  Website (the ‘Account‘).
2. As part of the registration process, or as part of your continued use of the
  Services, you may be required to provide personal information about yourself
  (such as identification or contact details), including:
  1. Email address
  2. Preferred username
  3. Mailing address
  4. Telephone number
3. You warrant that any information you give to Linfinity Chartered Accountants in the
  course of completing the registration process will always be accurate, correct and
  up to date.
4. Once you have completed the registration process, you will be a registered
  member of the Website (‘Member‘) and agree to be bound by the Terms.
5. You may not use the Services and may not accept the Terms if:
  1. you are not of legal age to form a binding contract with Linfinity Chartered
    Accountants; or
  2. you are a person barred from receiving the Services under the laws of
    Australia or other countries including the country in which you are resident
    or from which you use the Services.
Your obligations as a Member
1. As a Member, you agree to comply with the following:
  1. you will use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Linfinity Chartered Accountants of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Linfinity Chartered Accountants providing the Services;
  5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Linfinity Chartered Accountants;
  6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Linfinity Chartered Accountants for any illegal or unauthorised use of the Website; and
  8. you acknowledge and agree that any automated use of the Website or its Services is prohibited
Payment
1. Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
  1. Electronic funds transfer (‘EFT‘) into our nominated bank account
  2. Credit Card Payment (‘Credit Card‘)
  3. Cash (‘Cash‘)
2. All payments made in the course of your use of the Services are made using ……. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the …… terms and conditions which are available on their website.
3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
4. You agree and acknowledge that Linfinity Chartered Accountants can vary the Services Fee at any time.
Refund Policy
Linfinity Chartered Accountants will only provide you with a refund of the Services Fee in
the event they are unable to continue to provide the Services or if the manager of
Linfinity Chartered Accountants makes a decision, at its absolute discretion, that it is
reasonable to do so under the circumstances (the ‘Refund’).
Copyright and Intellectual Property
1. The Website, the Services and all of the related products of Linfinity Chartered
  Accountants are subject to copyright. The material on the Website is protected by
  copyright under the laws of Australia and through international treaties. Unless
  otherwise indicated, all rights (including copyright) in the Services and compilation
  of the Website (including but not limited to text, graphics, logos, button icons,
  video images, audio clips, Website, code, scripts, design elements and interactive
  features) or the Services are owned or controlled for these purposes, and are
  reserved by Linfinity Chartered Accountants or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or
  licensed by Linfinity Chartered Accountants, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:
  Linfinity Chartered Accountants does not grant you any other rights whatsoever in
  relation to the Website or the Services. All other rights are expressly reserved by
  Linfinity Chartered Accountants.
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in
    your device’s cache memory; and
  3. print pages from the Website for your own personal and non-commercial
    use.
3. Linfinity Chartered Accountants retains all rights, title and interest in and to the
  Website and all related Services. Nothing you do on or in relation to the Website
  will transfer any:
  1. 1. business name, trading name, domain name, trade mark, industrial design,
      patent, registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name,
      trade mark or industrial design, or
    3. a thing, system or process that is the subject of a patent, registered design
      or copyright (or an adaptation or modification of such a thing, system or
      process),
  to you.
4. You may not, without the prior written permission of Linfinity Chartered
  Accountants and the permission of any other relevant rights owners: broadcast,
  republish, up-load to a third party, transmit, post, distribute, show or play in public,
  adapt or change in any way the Services or third party Services for any purpose,
  unless otherwise provided by these Terms. This prohibition does not extend to
  materials on the Website, which are freely available for re-use or are in the public
  domain.
Privacy
1. Linfinity Chartered Accountants takes your privacy seriously and any information
  provided through your use of the Website and/or Services are subject to Linfinity
  Chartered Accountants’s Privacy Policy, which is available on the Website.
General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties,
  representations or conditions implied or imposed by law, including the Australian
  Consumer Law (or any liability under them) which by law may not be limited or
  excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in the Terms are excluded; and
  2. Linfinity Chartered Accountants will not be liable for any special, indirect or
    consequential loss or damage (unless such loss or damage is reasonably
    foreseeable resulting from our failure to meet an applicable Consumer
    Guarantee), loss of profit or opportunity, or damage to goodwill arising out
    of or in connection with the Services or these Terms (including as a result
    of not being able to use the Services or the late supply of the Services),
    whether at common law, under contract, tort (including negligence), in
    equity, pursuant to statute or otherwise.
3. Use of the Website and the Services is at your own risk. Everything on the Website
  and the Services is provided to you “as is” and “as available” without warranty or
  condition of any kind. None of the affiliates, directors, officers, employees, agents,
  contributors and licensors of Linfinity Chartered Accountants make any express or
  implied representation or warranty about the Services or any products or Services
  (including the products or Services of Linfinity Chartered Accountants) referred to
  on the Website, includes (but is not restricted to) loss or damage you might suffer
  as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure
    to correct defects, delay in operation or transmission, computer virus or
    other harmful component, loss of data, communication line failure, unlawful
    third party conduct, or theft, destruction, alteration or unauthorised access
    to records;
  2. the accuracy, suitability or currency of any information on the Website, the
    Services, or any of its Services related products (including third party
    material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Services or any of
    the products of Linfinity Chartered Accountants; and
  4. the Services or operation in respect to links which are provided for your
    convenience.
Limitation of liability
1. Linfinity Chartered Accountants’s total liability arising out of or in connection with
  the Services or these Terms, however arising, including under contract, tort
  (including negligence), in equity, under statute or otherwise, will not exceed the
  resupply of the Services to you.
2. You expressly understand and agree that Linfinity Chartered Accountants, its
  affiliates, employees, agents, contributors and licensors shall not be liable to you
  for any direct, indirect, incidental, special consequential or exemplary damages
  which may be incurred by you, however caused and under any theory of liability.
  This shall include, but is not limited to, any loss of profit (whether incurred directly
  or indirectly), any loss of goodwill or business reputation and any other intangible
  loss.
Termination of Contract
1. The Terms will continue to apply until terminated by either you or by Linfinity
  Chartered Accountants as set out below.
2. If you want to terminate the Terms, you may do so by:
  1. providing Linfinity Chartered Accountants with 14 days’ notice of your
    intention to terminate; and
  2. closing your accounts for all of the services which you use, where Linfinity
    Chartered Accountants has made this option available to you.
  Your notice should be sent, in writing, to Linfinity Chartered Accountants via the
  ‘Contact Us’ link on our homepage.
3. Linfinity Chartered Accountants may at any time, terminate the Terms with you if:
  1. you have breached any provision of the Terms or intend to breach any
    provision;
  2. Linfinity Chartered Accountants is required to do so by law;
  3. the provision of the Services to you by Linfinity Chartered Accountants is, in
    the opinion of Linfinity Chartered Accountants, no longer commercially
    viable.
4. Subject to local applicable laws, Linfinity Chartered Accountants reserves the right
  to discontinue or cancel your membership at any time and may suspend or deny,
  in its sole discretion, your access to all or any portion of the Website or the
  Services without notice if you breach any provision of the Terms or any applicable
  law or if your conduct impacts Linfinity Chartered Accountants’s name or
  reputation or violates the rights of those of another party.
Indemnity
1. You agree to indemnify Linfinity Chartered Accountants, its affiliates, employees,
  agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and
    damage (including legal fees on a full indemnity basis) incurred, suffered or
    arising out of or in connection with Your Content;
  2. any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so; and/or
  3. any breach of the Terms.
Dispute Resolution
1. Compulsory:
  If a dispute arises out of or relates to the Terms, either party may not commence
  any Tribunal or Court proceedings in relation to the dispute, unless the following
  clauses have been complied with (except where urgent interlocutory relief is
  sought).
2. Notice:
  A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms,
  must give written notice to the other party detailing the nature of the dispute, the
  desired outcome and the action required to settle the Dispute.
3. Resolution:
  On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms
  (‘Parties‘) must:
  1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute
    expeditiously by negotiation or such other means upon which they may
    mutually agree;
  2. If for any reason whatsoever, 28 days after the date of the Notice, the
    Dispute has not been resolved, the Parties must either agree upon
    selection of a mediator or request that an appropriate mediator be
    appointed by the President of the Administrative Appeals Tribunal or his or
    her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a
    mediator and the cost of the venue of the mediation and without limiting the
    foregoing undertake to pay any amounts requested by the mediator as a
    pre-condition to the mediation commencing. The Parties must each pay
    their own costs associated with the mediation;
  4. The mediation will be held in Sydney, Australia.
4. Confidential:
  All communications concerning negotiations made by the Parties arising out of and
  in connection with this dispute resolution clause are confidential and to the extent
  possible, must be treated as “without prejudice” negotiations for the purpose of
  applicable laws of evidence.
5. Termination of Mediation:
  If 6 months have elapsed after the start of a mediation of the Dispute and the
  Dispute has not been resolved, either Party may ask the mediator to terminate the
  mediation and the mediator must do so.
Venue and Jurisdiction
1. The Services offered by Linfinity Chartered Accountants is intended to be viewed
  by residents of Australia. In the event of any dispute arising out of or in relation to
  the Website, you agree that the exclusive venue for resolving any dispute shall be
  in the courts of New South Wales, Australia.
Governing Law
1. The Terms are governed by the laws of New South Wales, Australia. Any dispute,
  controversy, proceeding or claim of whatever nature arising out of or in any way
  relating to the Terms and the rights created hereby shall be governed, interpreted
  and construed by, under and pursuant to the laws of New South Wales, Australia,
  without reference to conflict of law principles, notwithstanding mandatory rules.
  The validity of this governing law clause is not contested. The Terms shall be
  binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
1. Both parties confirm and declare that the provisions of the Terms are fair and
  reasonable and both parties having taken the opportunity to obtain independent
  legal advice and declare the Terms are not against public policy on the grounds of
  inequality or bargaining power or general grounds of restraint of trade.
Severance
1. If any part of these Terms is found to be void or unenforceable by a Court of
  competent jurisdiction, that part shall be severed and the rest of the Terms shall
  remain in force.