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Terms and Conditions

 

Last updated: 22 March 2023

Please read these Terms and Conditions and its appendix, our Privacy Policy (hereinafter, together referred as ‘Terms‘) carefully before using our service and immediately cease using our website if you do not agree to these Terms.

Acknowledgment

These are the Terms governing the use of our service offered through our website (‘Service‘) and the agreement that operates between you and the Bookkeeping Tutor (‘We‘). These Terms set out the rights and obligations of all users of our Service. An integral part of these Terms is our Privacy Policy which describes our policies on the collection, use and disclosure of your Personal Data. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms.

You represent that you are over the age of 18. We do not permit those under the age of 18 to use the Service.

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Please read also through the corresponding parts of our Privacy Policies.

Scope of Services

The scope of services being provided is strictly limited to that detailed in the product description. In particular, we will not be providing any taxation, financial, computer hardware advice, or oral reports of any nature whatsoever.

All materials given by you to us are owned by you or you have permission from the rightful owner to use such materials and you will hold harmless, protect and defend us from any claim or action which may arise from the use of such materials.

Payment Terms and Conditions

Payment is required on the day the Service is ordered. All payments are due to and recoverable by the Bookkeeping Tutor.
Our preferred method of payment is by online credit card. The invoice will be issued upon payment. Secured payments are fully automated with an immediate response.

We reserve the right to cease work if you fail to make any payment to us as and when it falls due. We reserve the right to retain any data file backup as ransom for unpaid accounts.
You will be charged the interest at 1% daily rate on any invoiced amount payable that is not paid by due date and all costs and expenses incurred in recovering any amount owed to us including legal costs. Past due accounts are eligible to be passed to a debt recovery service for recovery action. Accounts passed to a debt recovery service may be listed on their credit bureau database. This listing may impact your ability to secure further credit facilities.

We reserve the right to modify our prices at any point in time and from time to time without any notice.

Money-back Guarantee Terms and Conditions

We stand behind our services offered and know that they’ll help make your business life easier. But if for some reason, our service is not for you, we happily offer you money-back guarantee (hereinafter in this section referred as ‘offer‘) under the following terms:

  • this offer is limited to those who have purchased one of our service packages (hereinafter in this section referred as ‘service‘);
  • the offer is only available during the offer period that is specific to the service offered:
    • training programmes that have a duration longer than 2 weeks have a 7-calendar-days offer period from the first day of the training programme (inclusive),
    • training programmes shorter than 2 weeks have a 3-calendar-days long offer period from the first day of the training programme (inclusive),
    • Xero-setup and Switch-to-Xero service packages have a 14-days offer period from the date of the order;
  • the first day of the programme is the day when the first email containing training-related material is sent out irrespective of the fact when that email was effectively read. The Bookkeeping Tutor is not responsible for any delays, damages or other claims for not receiving/reading electronic correspondence on the day it was sent.
  • to accept the offer and claim your purchase amount back, you must contact us by sending an email or a message providing us – at least – your order ID;
  • we’d appreciate it if you gave us honest feedback and a reason for your claim to help us understand and better our service offering; however, this is definitely not a condition for refund;
  • any charges or additional costs that you incur in contacting us about this offer are your responsibility;
  • you will be receiving a full refund of the purchase price you paid. If you purchased the service in conjunction with any discounts (voucher, promotion etc.), the value of that discount will be deducted, and only the exact amount you paid will be refunded;
  • your refund will be returned to you in the same way your order was paid;
  • your refund claim will be processed within 2 (two) business days after receiving your claim. We will notify you by email once your claim has been processed;
  • once we have processed your refund, your service agreement with us will be immediately terminated; therefore, we are not required to deliver the service ordered as well as we have the right to roll back your data file to the pre-purchase state. Please also note that in this case, you are not allowed to use, apply or have any benefits from our service already rendered or intellectual property provided;
  • this offer is in addition to, and does not replace or limit, your statutory rights (including, if you live in Australia, your rights under the Australian Consumer Law);
  • we may verify the validity of your claim and we shall be entitled to reject any claim if we deem there is an abuse of this offer, a fraud in the claim or an intent to jeopardise the fair operation of the offer;
  • by claiming this offer, you accept these terms and conditions;
  • we reserve the right to change these terms and conditions or discontinue this offer at any time without prior notification. If we discontinue the offer, we will still process claims in relation to purchases made before that date.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

We assume no responsibility for any consequences resulting from the provision of information and services including but not limited to errors or omissions. We make every effort to provide you will accurate and reliable information and services; however, all information provided is intended solely to provide general guidance and you accept full responsibility for its use. The information provided does not constitute legal, accounting, tax, IT or consulting services.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Employees and subcontractors

We will maintain and safeguard the confidentiality of any and all information obtained during the performance of assigned duties and responsibilities. We are independent contractors, not employees and as such we reserve the right to perform, direct and control the services we provide including hiring subcontractors or employees to provide the services on our behalf.

You undertake that you shall not solicit or entice away from us any person or entity who at any time from the date of this agreement until the date which is 6 months after the expiration of this agreement is our employee, consultant or subcontractor. Where you wish to employ such a person or entity, it must first seek our prior written permission. We may request payment of a financial sum that represents reasonable compensation before granting such permission.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, or is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • attempting to circumvent the website functionality,
  • attempting to avoid payment of any fees,
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals (including intellectual property rights),
  • using this website to defame or libel us, our employees or other individuals,
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals,
  • posting or distributing any unsolicited commercial messages,
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is misleading, false, inaccurate, defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security,
  • scrape our website or otherwise harvest or collect information from our website without our consent

The inclusion of any email addresses on this website is not consent to receiving unsolicited commercial electronic messages or spam.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, our entire liability under any provision of this Terms and your exclusive remedy for all of the foregoing shall be strictly limited to the amount actually paid by you through the Service. In no circumstances shall we be liable for any direct, special, indirect or circumstantial damage or loss in relation to the agreement.
To the maximum extent permitted by applicable law, including the Australian Consumer Law, in no event shall we be liable for any direct, special, incidental, indirect, or consequential loss, damage or expense (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Warranties

Our Service is provided to you “As is” and ” As available” and with all faults and defects without warranty of any kind. To the maximum extent permitted by law, including the Australian Consumer Law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, we make no representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on our behalf are free of viruses, scripts, trojan horses, worms, malware, or other harmful components.

Intellectual property rights

Your use of this website and our Service does not grant or transfer any rights, title or interest to you in relation to this website or its content as well as the training materials. However, we do grant you a licence to access the website and view its content on the terms and conditions set out in this agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website, its content, or the training materials is prohibited and may result in civil and criminal penalties. In addition, you must not copy its content to any other server, or location unless it is expressly permitted in written form. However, you are permitted to download or make a copy of any items indicated as downloadable for your own personal use.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland. If You have any concerns or disputes about our Service, You agree to first try to resolve the dispute informally by contacting us directly.

In such a case when the current jurisdictions do not allow the exclusion of certain types of warranties or limitations of liability for some damages and on applicable statutory rights of a consumer, the exclusions and limitations set forth in these Terms shall be applied to the greatest extent enforceable under applicable law.

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Survival

The warranties, indemnities, obligations of confidentiality, and dispute resolution provisions survive termination or expiry of this agreement for any reason.

Changes to these Terms and Conditions

We reserve the right to update our Terms from time to time to ensure that the terms and conditions of using our Service remain current. We reserve the right to change or modify the current Terms without prior notice or consent. All modifications will be effective immediately upon our posting of the modifications on this website.

Consent

By accessing and/or using this website and related services and/or purchasing our Service, you indicate and consent that you have read and agree to the Terms and its integral appendix, the Privacy Policy.

How can you contact us?

If you have any questions or concerns at any time about these Terms, you can contact Bookkeeping Tutor by email at [email protected] and we will respond in a timely manner.

Z&K Services Pty Ltd T/A Bookkeeping Tutor
ACN: 648 158 258
PO Box 4769 Springfield Lakes QLD 4300