AssetAccountant Terms and Conditions of Use

These Terms and Conditions of Use were last updated on 3 March 2020. Collectively they are referred to as this Agreement.

Welcome to AssetAccountant, an online software-as-a-service asset register designed to manage fixed and leased assets for both accounting and taxation purposes (Subscription services) either directly or integrated with software for tax compliance and statutory financial reporting. AssetAccountant intends to make it easy to manage the actual value of your business – in real-time, not just at Tax Time.

The Terms and Conditions of Use set out Our, and Your, rights and obligations concerning Your use of AssetAccountant. By using AssetAccountant, You agree to follow and be bound by these Terms and Conditions of Use. Where You are using AssetAccountant integrated with software for tax compliance and statutory financial reporting, the terms and conditions of that software also apply, and the minimum requirements are the greater of those specified in either. If You do not agree to all the Terms and Conditions of Use, You must not use AssetAccountant.

Please read these Terms and Conditions of Use carefully before registering to use AssetAccountant.

Your use of AssetAccountant is subject to these Terms and Conditions of Use, and by using AssetAccountant, You agree to be bound by them.

We may vary these Terms and Conditions of Use from time to time, which are effective upon their posting on the AssetAccountant Website or as otherwise notified to You in writing (including by email or other electronic means). You will ensure that you have read, understood and agreed to the most recent terms posted on the AssetAccountant Website or as otherwise notified to You.

1.0 Definitions and Interpretations

1.1  In this Agreement, unless the context requires otherwise, it is specified otherwise, or it is contrary to applicable regulation:

AssetAccountant, AA, We, Us or Our means AssetAccountant Trading Pty Ltd, ACN 639620867.

AssetAccountant Platform or Platform means an online Platform provided to Users through the AssetAccountant Website, AssetAccountant Mobile Applications or any other Platform We may use in the future.

AssetAccountant Website or Website means a Website accessible to users and any other domain We may use in the future.

AssetAccountant Mobile Application, Mobile Application, AssetAccountant App, App or Application means a software application available on iOS and Android devices or any other device We may use in the future.

Access Fee means the monthly or annual fee (excluding any taxes and duties) payable by You in order to use the Subscription Services.

Administration portal means that part of the AssetAccountant Website accessible by users authorised by the Subscriber that allows the Subscriber to:

a) add, remove or change Authorised Users,
b) add, remove or change Subscription Services,
c) configure or customise any part of the Subscription Services, and
d) add, remove or change details concerning the Subscriber’s account with us.

Affiliate means any entity that controls is controlled by or is under common control with a party.

Agreement means these Terms and Conditions of Use and Our Privacy Policy. Where You are using AssetAccountant integrated with software for tax compliance and statutory financial reporting, the terms and conditions of that software also apply, and the minimum requirements are the greater of those specified in either.

Application means any application available on iOS, Android or other mobile operating system made possible that allows Customer to access the Subscription Services.

Arbitration Legislation means:

Commercial Arbitration Act 2011 (Vic) and the Resolution Institution Arbitration Rules, where the AssetAccountant Entity is AssetAccountant Trading Pty Ltd.

Authorised User means any employee, contractor, officer, agent or client of the Subscriber’s business who is authorised by the Subscriber to access and use the Subscription Services and Documentation.

Business Day is a day other than a Saturday, Sunday or Public Holiday in Brisbane Australia.

Confidential information includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

Customers are the entities making use of the AssetAccountant Platform having entered into this Agreement with the relevant AssetAccountant entity or affiliate.

Data means any data inputted by You or with Your authority into the Subscription Services.

Documentation means the documentation (if any) made available to You by Us through any means, including written, audio, video or any other media, which sets out a description of the Subscription Services and the user instructions for the Subscription Services.

End-User Terms and Conditions means the relevant terms and conditions of this Agreement, or the applicable terms and conditions of any integrated software, that apply to the Authorised Users’ access and use of the Subscription Services, and any other terms that are made available through the Subscription Services (as may be amended from time to time by AssetAccountant).

Effective date means the date that We provide a Customer with access to the Subscription Services.

Fee Schedule means the information relating to subscriptions and billing set out on the AssetAccountant subscriptions and billing pages on the AssetAccountant Website, or any other page(s) on the Website notified by AssetAccountant, which may be updated or amended by AssetAccountant from time to time.

Goods mean any goods offered by Suppliers to Customers.

Intellectual Property Right means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide.

Invited User means a person or entity that uses the Service with the authorisation of the Subscriber.

Jurisdiction means:

a) Australia, where the AssetAccountant Entity is AssetAccountant Trading Pty Ltd.

Offer means an offer by a Supplier to supply Goods or Services to a Customer.

Privacy Policy means AssetAccountant’s Privacy Policy which is accessible from the AssetAccountant website or as notified to customers from time to time.

Service means the online accounting services made available (as may be changed or updated from time to time by AssetAccountant) via the Website.

Services are any service offered by Suppliers to Customers.

Subscriber means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

Suppliers mean users making use of the AssetAccountant Platform to provide Goods or Services to Customers.

Tax Office means where the Jurisdiction is:

a) Australia, the Australian Taxation Office.

Tax Office Conditions mean the conditions subject to which AssetAccountant has been authorised by the Tax Office to hold taxpayer records at places outside the relevant  Jurisdiction.

Transaction means a commercial deal between Customers and Suppliers.

User, Users, You or Your means users of the AssetAccountant Platform, their assigns, employees and agents.

User Profile, Profile or Account means an account created by You on the AssetAccountant Platform.

Virus means a, or any, thing or device (including any software, code, file or program) which may:

a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or system or any other service or device;
b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or information (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or
c) adversely affect the user experience, including worms, trojan horses, malware, viruses and other similar things or devices.

Website means the Internet site at the domain https://www.asset.accountant/or any other site operated by AssetAccountant.

You means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

Your data means the data input by you to use the Subscription Services or facilitate your use of the Subscription Services, including, where applicable, Authorised Users’ data.

1.2  In this Agreement, unless the context requires otherwise:

a) words importing one gender include the others,
b) words importing the singular or plural number include the plural and singular number respectively,
c) headings are inserted for the sake of convenience of reference only and do not affect the interpretation of this Agreement, and
d) a person includes any individual, corporation, unincorporated association, government department or municipal authority.

2.0  General Terms – Access to Services

2.1  Entire Agreement

This Agreement describes the terms governing your use of the AssetAccountant Services provided to you, including Content (defined below), updates and new releases (collectively, the Services). This Agreement includes by reference:

a) AssetAccountant’s privacy policy. 
b) Additional terms and conditions made available to You, which may include those from third parties.

Any terms provided separately to You for the Services, including product or program terms, ordering, activation, payment terms.

2.2  Ownership

AssetAccountant, AssetAccountant Pty Ltd, AssetAccountant Holdings and AssetAccountant Trading are the property of Faktored Investments Pty Ltd (ABN: 26 631 508 293), who retains all ownership, copyright trademarks and other property rights connected with the Software / Application (in all forms). No property whatsoever or in any developments, additions or extensions shall pass to, accrue to or vest in the Subscriber. You agree that Your rights are limited to such use as specified in the subscription.

2.3  Intellectual Property

Title to, and all Intellectual Property Rights, in the:

a) Subscription Services (except Your Data)
b) Websites, and
c) Documentation,

together with all modifications, enhancements and other developments to the Subscription Services, Website and Documentation (whether or not recommended or suggested by You) remain the property of AssetAccountant (or its licensors).

Except as expressly stated in this Agreement, this Agreement does not grant You any rights to, or in, the Intellectual Property Rights, or any other rights or licences in respect of the Subscription Services, Websites or Documentation.

We acknowledge and agree that subject to this Agreement; You own the Intellectual Property Rights in Your Data. You grant to Us a non-exclusive right to use Your Data to perform Our obligations under this Agreement.

We confirm we have all rights concerning the Subscription Services and Documentation necessary to grant the rights We purport to give under and in accordance with the terms of this Agreement.

2.4  Data

Each party will take appropriate technical, physical and organisational measures and safeguards against unauthorised or unlawful processing of Your Data. Measures and safeguards include the accidental loss, destruction or damage and We will, as part of these measures, use reasonable endeavours to back-up Your Data.

You acknowledge that if there is any loss or damage to Your Data, Your sole and exclusive remedy will be for Us to use reasonable commercial endeavours to restore lost or damaged data from the latest back-up of Your Data as maintained by Us.

We will not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party. If You enable third-party applications for use in conjunction with the Services, You acknowledge that AssetAccountant may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications.

2.4.1  Personal Data

AssetAccountant’s Privacy Statement is available with the Services and on the AssetAccountant Website. By using AssetAccountant, You agree to the applicable AssetAccountant Privacy Statement and any changes published by AssetAccountant and notified to You via the Website. 

You agree that AssetAccountant may use and maintain Your data according to the AssetAccountant Privacy Statement, as part of the Services. AssetAccountant may use Your data to improve the Services or to design promotions and to develop new products or services.

2.4.2 Public Content

Users of the AssetAccountant Services may have the opportunity to share data or Content with other Users or other third parties.   When sharing any data, You agree not to share any confidential information.

If You have the option of accessing another User’s data or Content, you understand and agree that the User is providing it, and not AssetAccountant. AssetAccountant is not responsible in any way for your use of it.

2.5  Your rights to Use the Service

2.5.1 Usage Limitations

Use of AssetAccountant Services may be subject to limitations, including but not limited to monthly transaction volumes, data limits, user limits and other limits as described in the subscription service. Any restrictions will be advised to You.

2.5.2 Use with Mobile Devices

Use of AssetAccountant Services may be available through a compatible mobile device, Internet access and may require software to be installed on those devices.  You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your Agreement with your mobile device and telecommunications provider.

2.6  Your obligations and responsibilities

You must only use the Service and Website for Your own lawful internal business purposes, following these Terms and any notice sent by AssetAccountant or condition posted on the AssetAccountant Website. You may use the Service and Website on behalf of others or to provide services to others. If You do, you must ensure You are authorised to do so. All persons for or to whom Services are provided comply with and accept all terms of this Agreement.

2.7  Access conditions

As a condition of these Terms and Conditions of Use, when accessing and using AssetAccountant Services, You must:

a) Provide us with all necessary co-operation concerning this Agreement, and all the required access to information that may be required by us, so that We can provide the Subscription Services including but not limited to Your Data, security access information, configuration services and servers. You warrant that You are authorised to provide the information or access to Us so that We can provide the Subscription Services to you,
b) comply with all applicable laws (including Privacy Act in respect of the collection, use and disclosure of personal information that is included in Your Data) for the AssetAccountant Service and your activities under this Agreement,
c) not attempt to undermine the security or integrity of the AssetAccountant systems or networks,
d) not use, or misuse, the AssetAccountant Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website,
e) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted,
f) not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, Content that may be offensive, or material or Data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use), and
g) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for regular operation,
h) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to Our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

2.7.1 Passwords

You must ensure that all usernames and passwords required to access AssetAccountant Services are kept secure and confidential. You must immediately notify Us of any unauthorised use of Your passwords or any other breach of security.

Where a breach of security is advised We will reset Your password and You must take all other actions that we reasonably deem necessary to maintain or enhance the security of systems and networks and Your access to the Services.

2.7.2 Updates

The Services may be updated periodically with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

2.7.3 Communication Conditions

If You use available communication tools (such as any forum, chat room or message centre), You agree to use these communication tools only for lawful and legitimate purposes. You must not use communication tools for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of Goods or Services for sale, unsolicited commercial email, files that may damage any other person’s computing devices or software, Content that may be offensive to any other users of the Services, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

You represent that You are permitted to make communication, and We are under no obligation to ensure that the communications are legitimate or related to use of the Services. You must exercise caution when using the communication tools available, and We reserve the right to remove any communication at any time in Our sole discretion.

2.7.4 Use of Feedback Provided

You agree that We may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials.

3.0  Charges and Payment for Subscription

An invoice will be issued each period (monthly or annually) per the details set out in the Price Schedule. AssetAccountant will continue invoicing You per the Fee Schedule until this Agreement is terminated. Payment details will be specified on the invoice.

All invoices will be sent to You, or to a Billing Contact whose details are provided by You, in an electronic format. Payment of all amounts specified in an invoice must be paid per the Price Schedule. You are responsible for payment of all taxes and duties in addition to the fee.

3.1  Failure to Pay for Services

If You fail to pay any invoice when due, without prejudice to any of Our other rights and remedies:

a) We may, without liability to You disable access to all or part of the Subscription Services, and will be under no obligation to provide any or all of the Subscription Services while the invoice(s) concerned remain unpaid, and
b) interest will accrue on such due amounts at an annual rate equal to 2% over the then-current base overdraft rate of Our bankers calculated from the due date until the date the price is paid in full, and
c) If We are unable to charge a User’s chosen payment method per this Agreement, We may terminate this Agreement and access to the Services immediately, without notice.

3.2  Subscription Cancellation

The Administrator may, at any time, notify Us of intention to cancel or terminate the subscription before the beginning of the new subscription period.

Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. 

After access to the Services is terminated, You may no longer have access to any of the data or Content in the Services. 

Each party will on demand and, in any event, on termination of this Agreement, deliver to the other party all confidential information and any other Document supplied by or obtained from the other party.

This clause 3.2 survives termination of this Agreement.

4.0  Privacy and Confidentiality (Personal Information)

4.1  Privacy

You understand that to provide Service to You; We may collect and store sensitive information about You including, but not limited to: your name, address, photograph, telephone number, email address, credit card details, bank account details and your location.

You understand that We may contact You to verify Your identity before allowing access to Services.

We warrant that private information about You will only be used to facilitate the provision of Services and will not be shared with unrelated third parties. 

You understand that We are obliged to deliver Your Data when We receive a request or demand for such information from a duly authorised law enforcement officer or government representative, officer or agency.

4.2  Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

a) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. 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 benefit, other than as contemplated by these Terms.
b) Each party’s obligations under this clause will survive termination of these Terms.
c) The provisions of clauses shall not apply to any information which: is or becomes public knowledge other than by a breach of this clause,

    1. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure,
    2. is in possession of the receiving party without restriction concerning disclosure before the date of receipt from the disclosing party, or
    3. is independently developed without access to the Confidential Information.

5.0  No Liability

You understand that all interactions and Transactions are the sole responsibility of those Users involved in the interaction or Transaction.

We shall be under no liability to You in respect of any loss or damage which You may suffer or incur, or which may arise directly or indirectly in connection to Your use of the AssetAccountant Services.

We shall be under no liability to You for any aspect of any interaction or Transaction between Customers and Suppliers including, but not limited to: the quality, description or Content of the Goods and the quality or timeliness of the performance of the Services.

We shall be under no liability to You for any information about Customers, Suppliers, and their Goods or Services listed on the Platform.

6.0  No Warranties

AssetAccountant gives no warranty about the Services and AssetAccountant Services are offered on an as-is basis, and We provide no warranty concerning their operation.

AssetAccountant does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. All implied conditions or warranties are excluded as far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

You understand and accept that there may be periods when the Platform is not operational, contains software errors, or contains inaccurate or incomplete data.

7.0  Australian Consumer Law liabilities and disclaimers

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For significant failures with the Service, You are entitled:

a) to cancel your service contract with us, and
b) to a refund for the unused portion, or compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a significant failure, You are entitled to have Service problems rectified in a reasonable time. If this is not done, to cancel your contract and obtain a refund for the unused portion of the Agreement.

8.0  Indemnity

You indemnify us from and against all loss and damage You may suffer and from all actions, claims, proceedings or demands by third parties against us, arising from Your use of the Services or Our possession, processing, use or other handling of Your data.

9.0  Maintenance

While We intend that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason we have to interrupt the Services for more extended periods than We would typically expect, We will use reasonable endeavours to publish in advance details of such activity on the Website.

10.0 Termination

AssetAccountant may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, effective immediately, in whole or in part, if We determine that your use of the Services:

a) violates the Agreement,
b) violates a law or regulatory requirement,
c) is in a manner not contemplated by this Agreement,
d) is improper or substantially exceeds or differs from what would be reasonably considered regular use by other users,
e) raises suspicion of fraud, misuse, security concern, illegal activity or unauthorised access issues,
f) to protect the integrity or availability of the Services or systems and comply with applicable AssetAccountant policy,
g) if You no longer agree to receive electronic communications, or
h) if your use conflicts with AssetAccountant’s interests or those of another user of the Services.

Upon your receipt of a properly formed notice that your use of the Services has been terminated, You must immediately stop using the Services, and any outstanding payments will become due.  Any termination of this Agreement shall not affect AssetAccountant’s rights to any amounts due to it.

11.0  ‘Free’ trial or Service

If You registered for a ‘trial’ use of the Services, You would have access to the Services for the specified period of the trial (“Trial Period”).  You must decide to purchase a subscription to the Services within the Trial Period to retain access to any Content or data provided or created during the Trial Period.

If You do not purchase a license to the Services by the end of the Trial Period, You will not be able to access or retrieve any of the data or Content You added to or created with the Services during the trial.

12.0  Help Desk

We may, at Our absolute discretion, provide You with helpdesk and other services concerning the Subscription Services. We may at any time suspend, discontinue or change the Support Services without notice to you.

12.1  Technical Problems

You must make all reasonable efforts to investigate and diagnose technical problems before contacting us. If You still need technical help, please check the support provided in the documentation and available at Our helpdesk or failing that email Us at support@asset.accountant (for App enquiries).

12.2  Service Availability

While We intend that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason we have to interrupt the Services for more extended periods than We would typically expect, We will use reasonable endeavours to publish in advance details of such activity on the Website.

13.0  Other Terms

13.1  No waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

13.2  No Assignment without Consent

You shall not assign the benefit of this Agreement without Our written consent.

You may not assign or transfer any rights to any other person without Our prior written consent.

13.3  Not Professional Advice

Unless specifically included with the Services, AssetAccountant Services do not include the provision of legal, financial, accounting, tax, health care, real estate or other professional services or advice.

For professional advice consult the services of a competent professional when You need this type of assistance.

AssetAccountant Services are intended only to assist You in your financial organisation and decision-making and are broad in scope. Your financial situation is unique, and any information and advice obtained through AssetAccountant Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, You should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your circumstance.

14.0  Acknowledgement

14.1  Consultancy Services

You accept that, other than Services provided for in this Agreement, any other advice or Service provided shall be agreed before the Service being provided and charged at agreed consultancy rates.

14.2  Notices

Notices and other communications under this Agreement are to be given in writing by email, personal delivery or by post and must be:

Sent to the correct email or address designated in writing by each party for that purpose from time to time. The designated email address for notices You submit to Us is help@asset.accountant,

a) marked for the attention of the designated person or office holder (if any), and
b) A notice or communication concerning this Agreement will be deemed to be received:

    1. in the case of a letter, on the third Business Day after posting, or
    2. in the case of email, on the Business Day on which the email is successfully delivered, and
    3. in the case of personal delivery, when delivered.

15.0  Governing Law and Jurisdiction

These Terms and Conditions of Use will be governed by and construed according to the law in:

a) Australia: State of Queensland, Australia and the Commonwealth of Australia.

16.0  Additional Terms Applicable to Certain Customers

This clause 16 sets out other terms that apply to Customers and AssetAccountant where the Customer meets specific criteria. The terms will apply to the extent applicable.

16.1  Customers Utilising Single Sign-On with Australian Tax Office

If Customer uses Subscription Services functionality to access its accounts on the Australian Tax Office’s systems using a single sign-on process, Customer warrants that it has met the following minimum requirements:
a) it has control over the access management solution (for example, Customer has an active directory and does not use social media to log in);
b) it has a strong encryption protocol in place (for example, TLS1.2);
c) it has a password management policy in place which covers length and complexity (including salt and hashing);
d) it enforces a brute force lockout regime; and
e) Its software application is positioned behind a firewall and generates security alerts.

16.2  Professional Services Firms Providing Tax Compliance Services to its Clients

If Customer is a professional services provider, then the following applies:
a) The definition of purpose in clause 1.1 is amended to read: Purpose means the preparation and filing of Customer’s accounting and tax compliance obligations or the preparation and filing of accounting and tax compliance obligations on behalf of Customer’s clients;

With regards to audit independence issues :
a) AssetAccountant acknowledges Customers may require specific information to enable them to determine whether this Agreement or any Services provided in connection with it, results or may appear to result in Customer, Customer’s Affiliates, or any of their clients, ceasing to be independent of an audit or assurance client or ceasing to comply with professional obligations or regulations. Where Customer requires any such information from AssetAccountant, Customer will notify AssetAccountant in writing of the information required;
b) Following Customer’s written request under this clause, AssetAccountant agrees to provide to Customer (to the extent that it is reasonably able to do so) the information requested by Customer, as soon as reasonably practicable; and
c) Customer may terminate this Agreement in whole or in part by written notice to AssetAccountant if, based on the information requested and provided under this clause, Customer reasonably believes that its continued participation in this Agreement results or may appear to result in Customer, Customer’s Affiliates, or any of their clients, ceasing to be independent of an audit or assurance client or ceasing to comply with professional obligations or regulations.

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