DIY Superfund Pty Ltd : terms

Website Terms and Conditions (LAST Updated 13^th May 2024)

TERMS AND CONDITIONS OF USING THE WEBSITE AND SERVICES OF WWW.ACCUAI.COM.AU

BACKGROUND

The Website is operated and managed by Deed Dot Com Dot Au Pty Ltd (‘Company’), with ACN 123 929 984. Access to and use of the Website, along with any associated Products or Services, is provided by the Company.

This website provides a service, to use this service, you have to agree to the following terms and conditions of use (the 'Terms'). Please read them carefully. By accepting the terms and conditions, you would be bound by these terms and conditions. If you do not accept them, you may not be able to use our services. These terms and conditions are governed by and are to be read and interpreted according to the laws of New South Wales.

By using, browsing, and/or reading the website / services, by clicking to accept or agree to the Terms, you signify your acceptance of these Terms. You acknowledge that you have read, comprehended, and agreed to be bound by the Terms. If you disagree with the Terms, you must immediately cease using the Website or any of the Services. Your continued use of the Website constitutes acceptance of these Terms.

We reserve the right to review and modify these Terms at our sole discretion. When we update these Terms, reasonable efforts will be made to notify you of these updates. Changes to the Terms take immediate effect from the date of publication. We recommend that you keep a copy of the Terms for your records.

TERMS AND CONDITIONS

The parties agree as follows:

DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires:

“Enquiry” means a submitted application on subscriber’s website using AccuAI embedded application form for engagement in respect of the subscribers’ various services;

“Integration Code” means code provided to the Subscribers by AccuAI which, when properly implemented on the Subscriber’s website or in a communication to a person, will provide the person with access to the Application;

“Implementation Fee” means the one-time setup (licence) fee payable by the Subscriber to AccuAI, as set out in the Agreement. In consideration for AccuAI implementation fees AccuAI will customise the Online Consultations tools with the Client’s name, logo, colour scheme, fonts, imagery, and firm details, and customisation of the Application blue prints limited to wording changes. Implementation Fee does not include any changes to the embedded application forms, blueprints, such as new questions, changes to the application flow, additional features, or data integrations, which are invoiced separately. We have full discretion to change / update our online form which runs on the advisors website;

“Force Majeure Event” means inclement weather, industrial action, fire, flood, natural disaster or any other cause beyond the control of AccuAI;

“Fees” means all fees payable to AccuAI by the Client under this Agreement, including, but not limited to, the Implementation, Integration, Subscription, Licence, Per Use, Support, Training, and Modification Fees, where applicable;

“Intellectual Property Rights” means all intellectual property rights of whatever nature and however they arise throughout the world, including rights in respect of or in connection with copyright, inventions (including patents), designs, trademarks, service marks, trade names, goodwill, confidential information, trade secrets, and know-how and similar industrial, commercial and intellectual property rights, licences, whether or not registered or registrable, and including in all cases the right to apply for the registration of such rights and all associated rights of use;

“User” means a person who accesses the AccuAI embedded application forms on the Subscriber’s website or via an invitation from the Subscriber, generally these individually will be either clients of the subscriber or those who are browsing the subscribers website;

“Subscriber” means a person who embed AccuAI consultation forms on their own website and have accesses the “Client portal” – generally they will be service providers such as accountants and similar other SMSF Administrators or ASIC agents;

“Party or parties” means user or subscriber and AccuAI as the context suggests;

All the singular words include its plural meaning and vice versa, any reference to dollars and fees is in Australian dollars.

ACCUAI Service

Subscribing to our Services

To gain access to the services, you must first submit an expression of interest (EOI) either online or by contacting us. Additionally, subscribe to one of our packages via the Website (referred to as the 'Subscription') or by contacting us and pay the relevant fees associated with your chosen Subscription (referred to as the 'Fee') In all purposes implementation fees must be paid before any services can be provided by us.

By proceeding with the Subscription, you acknowledge and affirm that it is your responsibility to verify that the chosen Subscription aligns with your specific needs and requirements.

Once you successfully complete the registration process, you will attain the status of a “Registered Subscriber” of the Website (referred to as a 'Subscriber') and thereby agree to be legally bound by these Terms.

Your use of the Services and acceptance of these Terms is contingent upon the following conditions:

You have reached the legal age necessary to enter into a binding contract with us.
You are not prohibited by the laws of Australia or any other country, including your country of residence or the country from which you access the Services, from receiving and utilizing the Services.

Our services

In consideration of the payment of the fees by the Subscriber and subject to the terms of this Agreement, AccuAI will:

collect personal information about yourself, your firm, website and among others as part of your registration process and ongoing user of our services;
provide access to our online consultation tool for users of subscriber which will be embedded under subscriber’s website via the Embed Code;
register subscriber and provide access to login portal for subscribers and subscribers’ users;
collect the information entered into the Application by each User; and provide access to subscriber with a user data file under their portal in respect of each User who has expressly authorised AccuAI to disclose its User File to the Subscriber by submitting an enquiry on subscriber’s website;
provide integrations with the third-party services to the subscribers to assist their Users as part of Subscriber’s services to the User.
provide an on-boarding assistance including training and demonstrations;
provide the subscriber with the ongoing maintenance and support service;

collectively, the “Service”.

No Legal, Taxation or Financial Advice is given by us

You agree that we are not a legal firm and have no intention to give any legal advice. By using this service, we are not giving any legal, taxation or financial advice.

By using our online consultation tool, we seek information or answers to questions, which Users provide; information collected from Users will be delivered to our Subscribers who can guide you or advice you in accordance with their scope of service and terms of engagement. Our online consultation forms have explanations or additional information, these explanations should not be construed as legal, taxation or financial advice, they are provided to help you to understand or answer the questions so that you are able to complete the online enquiry.

You agree that you will indemnify us in relation to any cost, loss, liability, or damage that you (subscriber) or your client (users), or any party suffers from using our services due to inaccurate information or services provided by you or failed to guide or advice based on the particular user’s needs.

Subscribers and Users Obligations

As a Subscriber and Users of our website / services, you are committed to adhering to the following guidelines:

(a) You shall use the Services solely for purposes that align with:

(i) The Terms; and
(ii) Any applicable laws, regulations, or generally accepted practices or guidelines within the relevant jurisdictions.

(b) You bear the exclusive responsibility for safeguarding the confidentiality of your password and/or email address. The usage of your password by any other individual may result in the immediate termination of the Services.

(c) Any unauthorized use of your registration information by third parties or other individuals is strictly prohibited. You pledge to promptly inform Company of any unauthorized use of your password or email address, as well as any security breaches of which you become aware.

(d) Access to and utilization of the Website is restricted and non-transferable, and it permits you to exclusively use the Website for the purposes of receiving the Services from Company.

(e) You shall not employ the Services or the Website for any commercial endeavours, unless they are expressly endorsed or approved by Company's management.

(f) The Services and Website shall not be utilized for any illegal or unauthorized purposes, which includes the gathering of registered subscribers or users' email addresses through electronic or other means for unsolicited email communications, or unauthorized framing or linking to the Website.

(g) You acknowledge that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without prior notice, and such actions may lead to the termination of the Services. Company reserves the right to take appropriate legal action against any illegal or unauthorized use of the Website.

(h) You explicitly recognize and consent that any automated utilization of the Website or its Services is prohibited.

(i) Comply with all applicable laws, including Privacy Laws and implement a privacy policy which providers notice to Users of the collection, storage and use of User data access as contemplated under this Agreement;

(j) Notify as soon as reasonably practicable if it discovers any bugs or errors in the online consultations tool and / or login portals.

Payment Methods

(a) When offered the option, you may choose to remit the Subscription Fee through one of the following methods:

(i) Electronic funds transfer ('EFT') into our designated bank account via a direct monthly debits to your bank account.
(ii) Credit Card Payment ('Credit Card') via direct debit to your credit card account.

(b) All credit card payments and subscriptions fees made in connection with your use of the Services will be processed using a merchant service provider Australia Post’s Secure Pay. By utilizing the Website, the Services, or making any payment related to your use of the Services, you affirm that you have reviewed, comprehended, and consented to be bound by the terms and conditions of Secure Pay which are available on their website.

(c) You recognize and consent that if a request for the Subscription Fee payment is declined or returned, for any reason, by your financial institution, or if you fail to remit the payment for any other reason, you are responsible for any associated costs, including banking fees and charges, linked to the Subscription Fee.

(d) You agree and acknowledge that Company retains the right to adjust the Subscription Fee at any time, with the modified Subscription Fee taking effect upon the completion of the current Subscription Period.

Refund and Complaints

Company will only issue a refund of the Subscription Fee in the event that they are unable to continue providing the Services or if Company’s management, at their absolute discretion, deems it reasonable under the circumstances. In such cases, the refund will amount to the proportionate value of the Subscription Fee that remains unused by the registered subscriber (referred to as the 'Refund').

For any refund or complains, you must write to us giving us the full reasons for a refund. Please send all letters to the below address or email to support@accuai.com.au

DEED DOT COM DOT AU PTY LTD

ABN: 32 123 929 984

Suite 3.04, Level 3, 29-31 Solent Circuit

Baulkham Hills NSW - 2153

Phone (02) 9684 4199

Intellectual Property Rights and Copyright

(a) The Website, the Services, and all associated products offered by Company are subject to copyright protection. The material found on the Website is safeguarded by copyright laws of Australia and international treaties. Unless otherwise specified, all rights, including copyright, in the Services and the compilation of the Website (comprising, but not limited to, text, graphics, logos, button icons, video images, audio clips, Website layout, code, scripts, design elements, and interactive features) are owned or controlled for these purposes, and are reserved by us or its contributors.

(b) All trademarks, service marks, and trade names are the property of, registered by, and/or licensed to us, which grants you a worldwide, non-exclusive, royalty-free, revocable license for the duration of your Subscription, allowing you to:

(i) Utilize the Website in accordance with the Terms;
(ii) Duplicate and store Website content, including materials contained therein, in your device's cache memory;
(iii) Print pages from the Website for your personal and non-commercial use.

We do not provide any additional rights concerning the Website or the Services. All other rights remain expressly reserved by Company.

(c) We maintain all rights, title, and interest in and to the Website and all associated Services. Any actions you perform on or in connection with the Website will not transfer:

(i) Business names, trading names, domain names, trademarks, industrial designs, patents, registered designs, or copyrights; or
(ii) Rights to use or exploit business names, trading names, domain names, trademarks, or industrial designs; or
(iii) Anything, system, or process that is the subject of a patent, registered design, or copyright (or any adaptation or modification thereof).

(d) You may not, without prior written consent from Company and permission from any other relevant rights holders, perform any of the following: broadcast, republish, upload to third parties, transmit, post, distribute, publicly display, adapt, or modify the Services or third-party Services for any purpose, unless otherwise stipulated in these Terms. This prohibition does not extend to materials on the Website that are freely available for reuse or are within the public domain.

Privacy Policy

Company places great importance on your privacy, and any information provided through your usage of the Website and/or Services is subject to Company's Privacy Policy, which can be accessed on the Website.

Limitation of Liability

(a) Company's aggregate liability arising from or in connection with the Services or these Terms, regardless of the legal basis, including contract, tort (including negligence), equity, statute, or any other, will not exceed the re-provision of the Services to you.

(b) You explicitly understand and agree that Company, its affiliates, employees, agents, contributors, and licensors shall not be held liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, regardless of the cause and under any theory of liability. This encompasses, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, and any other intangible losses.

Force Majeure

AccuAI may suspend this Service due to a Force Majeure Event. The Client will not be liable to make any payments in respect of the suspension period, but payments will recommence at the resumption of the Service. Either party may terminate this Agreement where suspension under this clause persists for a period in excess of one calendar month.

Termination of Agreement

(a) The Terms will remain in effect until terminated by either you or Company as outlined below.

(b) If you wish to terminate the Terms, you may do so by:

(i) Providing Company with the notice period in accordance with your terms of agreement; and
(ii) Closing your accounts for all the services you use, provided Company offers this option.

Your notice should be submitted in writing to Company to our support team members.

(i) You have violated any provision of the Terms or intend to breach any provision;
(ii) Company is legally required to do so;
(iii) In the opinion of Company, providing the Services to you is no longer commercially feasible.

(d) In accordance with applicable local laws, Company retains the right to discontinue or cancel your membership at any time and may, at its sole discretion, suspend or deny your access, in whole or in part, to the Website or the Services without prior notice, if you breach any provision of the Terms, any applicable law, or if your conduct affects the reputation or rights of Company or another party.

Indemnification

(a) You agree to indemnify Company, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

(i) All actions, suits, claims, demands, liabilities, costs, expenses, losses, and damages (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;
(ii) Any direct or indirect consequences of your access, use, or transactions on the Website or your attempts to do so; and/or
(iii) Any breach of the Terms.

Dispute Resolution

(a) Mandatory Resolution: If a dispute arises from or relates to the Terms, neither party may initiate any tribunal or court proceedings regarding the dispute until the following clauses have been followed (unless urgent interlocutory relief is sought).

(b) Notice: A party to the Terms claiming a dispute ("Dispute") under the Terms must provide written notice to the other party, outlining the nature of the Dispute, the desired resolution, and the necessary actions to settle the Dispute.

(i) Within 60 days of the Notice, make good-faith efforts to expeditiously resolve the Dispute through negotiation or any other mutually agreed-upon means;
(ii) If, for any reason, 30 days after the Notice, the Dispute remains unresolved, the Parties must either jointly select a mediator or request the appointment of an appropriate mediator;
(iii) The Parties share equal responsibility for the mediator's fees, reasonable expenses, and the mediation venue costs. Additionally, both Parties agree to pay any amounts requested by the mediator as a precondition for commencing mediation. Each Party will bear their own costs related to the mediation;

(iv) The mediation shall take place in Sydney, New South Wales, Australia.

(d) Confidentiality: All communications regarding negotiations made by the Parties as part of this dispute resolution process are confidential and, to the extent possible, must be treated as "without prejudice" negotiations, as defined by applicable laws of evidence.

(e) Termination of Mediation: If 30 days has passed since the initiation of mediation for the Dispute and the Dispute remains unresolved, either Party may request the mediator to terminate the mediation, and the mediator must comply.

Governing Law and Jurisdiction

The Services offered by us are intended for the residents of Australia. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of any nature arising from or relating to the Terms and the rights established hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without regard to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding upon the parties hereto, their successors, and assigns.

Independent Legal Advice

Both parties affirm and declare that the provisions of the Terms are fair and reasonable. Furthermore, both parties confirm that they have had the opportunity to seek independent legal advice and assert that the Terms are not contrary to public policy on the grounds of inequality, bargaining power, or general restraint of trade.

Acknowledgements and Warranties

The Subscriber / Users acknowledges that:

the Service is provided on an “as is” and “as available” basis. We do not warrant that our website will be always available for use or error-free or by use of our services you are free from computer viruses and do not warrant that it may not damage your computer or its storage capacity;
You are responsible for ensuring that all persons who access the Service through their account are aware of this Agreement and comply with its terms;
You are suitably qualified or working under the direction of suitably qualified personnel, will rely on their own knowledge and enquiries as to the accuracy and currency of any information contained in or provided through the Service.
Our liability to you is up to the cost of subscription fee of our services. By using our service there are no implied warranties provided by us. We may decide to offer free service or vouchers on trustdeed.com.au to compensate your loss; no other warranty or liability will be honoured. We will not be responsible for being negligent on any aspect of delivering our services.
Our website may contain inappropriate or inaccurate information. We may provide website address of advertisers, government websites or links to other websites, this we do so for your convenience and in no way endorse their services or information contained in their website. If you rely on information provided on these websites, you cannot hold us responsible, should they contain any misleading information. You are also agreeing to receive Newsletters, promotional emails and any other material from us or from our affiliates.

Severance

If any portion of these Terms is deemed void or unenforceable by a Court of competent jurisdiction, that portion shall be severed, and the remaining provisions of the Terms shall remain in effect.

Use of Phone Number & Email ID

By accepting our “Terms & Conditions” you agree to receive emails & updates regarding our products and also any other important information we wish to provide you with which relates to your account with us. This helps us keep you in loop of any latest developments and enhancements which you, as our user, would require to better use our websites. At any time if you wish to not receive these updates, kindly unsubscribe using the link which will be provided to you in the mode of communication.

General Disclaimer

(a) The Terms do not restrict or exclude any guarantees, warranties, representations, or conditions that are implied or imposed by law, including those under the Australian Consumer Law, or any liability under them, which cannot be limited or excluded by law.

(b) Subject to this clause and to the extent permitted by law:

(i) All terms, guarantees, warranties, representations, or conditions that are not expressly stated in the Terms are excluded; and
(ii) We shall not be held liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable and results from Company's failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising from or related to the Services or these Terms (including, but not limited to, the inability to use the Services or the delayed provision of the Services), whether under common law, contract, tort (including negligence), equity, statute, or otherwise.

(c) Your use of the Website and the Services is undertaken at your own risk. Everything provided on the Website and the Services is presented to you "as is" and "as available," without any warranty or condition of any kind. None of Company's affiliates, directors, officers, employees, agents, contributors, or licensors make any express or implied representation or warranty about the Services or any products or Services (including those of Company mentioned on the Website, which includes (but is not limited to) any loss or damage you may incur as a result of any of the following:

(i) Performance failure, error, omission, interruption, deletion, defect, inability to correct defects, operational delay or transmission, computer virus, or other harmful component, data loss, communication line failure, unlawful third-party conduct, or unauthorized access, theft, destruction, alteration, or unauthorized access to records;
(ii) The accuracy, suitability, or currency of any information on the Website, the Services, or any of its related product or Service offerings (including third-party content and advertisements on the Website);
(iii) Costs incurred due to your use of the Website, the Services, or any Company products; and
(iv) The Services or operations regarding links provided for your convenience.

Miscellaneous

The Training Service includes demonstrations of the Application, interactive training on the client experience and the subscriber’s experience, and broader sessions on the use of technology in modern accounting practice. The limited training sessions are free. Where required company reserves the right to charge at the rates in effect at the time and will be separately quoted to the Subscriber, which will be agreed beforehand if required.

At the Subscriber’s request, AccuAI can transmit User data in any reasonable standard data file format (including XML, CSV and JSON) to enable integration with the Subscriber’s other software and systems. AccuAI cannot warrant that the Subscriber’s other software and systems will accept external data input.

AccuAI will fix bugs and perform other maintenance in the embedded application forms or login portals at no additional cost. AccuAI will also provide reasonable technical support by email to Users and to the Subscriber’s personnel at no additional cost.