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Terms of Service Agreement
The parties to this Terms of Service Agreement (“the Service”, “the Agreement”) are You (“the Subscriber”) and The My Own Group Pty Limited, company number 603 511 404 registered in Australia (“the Company”, “My Own CFO”).
By using the Service and / or creating an account You agree to be bound by the Agreement set out as follows.
If at any time you do not accept the Agreement in full, You are not permitted to use the Service, the Website or Applications, or any part thereof, and must cease to do so immediately.
My Own CFO reserves the right to amend and change this Agreement as necessary without notice to You. You are responsible for reviewing this Agreement and the Website periodically for any such amendments and changes and if you continue to use the Service, the Website and Application after changes are made, You are deemed to have accepted the amended Agreement.
These Terms were last updated on 1st November 2014.
Breach of any of these Terms may result in the termination of your account
“Account” means the fees payable by you in accordance with the fee schedule set out on the Website and/or Applications as the case may be (which My Own CFO may change from time to time);
“Agreement” means these terms and conditions of use, as published and amended from time to time on the Website and/or Applications;
“Application” means the mobile and desktop applications through which My Own CFO permits remote access and use of the Service;
“Authorized User(s)” means the user or users authorized to access and use the Service under Your subscription to the Service;
“Collection Agent” means a business independent of My Own CFO, which is appointed by the Service to invoice and collect fees, charges and any applicable taxes
“Confidential Information” means Your Data and all information written or orally exchanged between parties not publically available and either formally or informally identified as being confidential;
“Intellectual Property” means all rights in designs, copyrights, trademarks (whether registered or unregistered), patents, software copyright, Website /Application content, database right, logo, tradenames, trade secrets, knowhow or other intellectual or industrial property right subsisting anywhere in the world as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention;
“Secure Trading” means the third party provider of the online method of payment for the Service
“Service” means the My Own CFO software as described and illustrated on the My Own CFO Website and/or Applications;
“Your Data” means any data, files and / or information that any Authorized User inputs or uploads to the Service or that is imported from a third party source as part of the Service;
“Website” means the website at www.myown-cfo.com and related sub domains.
The Service, initially provided on a free trial basis, will be made available to the Subscriber via the login page of the My Own CFO website in return for payment of the subscription fees.
When you subscribe to use My Own CFO (whether prior to or after the expiry of any free trial period) you shall be bound by these terms for the full duration of the subscription period selected.
When opening an Account the Subscriber warrants that all information submitted is true, current and complete.
During the sign up process You must provide Your legal full name and a valid email address; Accounts registered by ‘bots’ or other automated methods are not permitted.
You must select a login name and password to access the Service, thereafter You may use a PIN Number. Your login, password and PIN may only be used by one individual.
You are responsible for maintaining the security of Your account, password and PIN. My Own CFO cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.
Payment and Refund Terms
The Service is offered initially with a 30 day free trial period.
When the free trial period has elapsed You will only be able to continue to use the Service by paying in advance for additional usage in accordance with the prices and payment terms stated on the Website.
Payments are to be made electronically via Secure Trading using credit card / via PayPal for a monthly or annual subscription period for continued use of the Service.
Payments through either the Apple App Store or equivalent Android application stores are not accepted.
We regret that we cannot offer refunds or credits for partial months of service access.
All fees are in Australian dollars ($AUD) and include Australian GST but exclusive of all other taxes, levies or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies or duties.
My Own CFO will supply you with a tax invoice, (either directly or through an appointed Collection Agent or Business Partner), transmitted via email. The transmitted electronic document will constitute the original tax invoice. No other tax invoice will be issued in respect of the specific supply, unless as a copy of the original document.
Unless you notify My Own CFO before the end of the applicable subscription period that You wish to cancel, your subscription will automatically renew at the end of each subscription period and You authorize the Company to collect the next applicable fee using the payment method we have on record for You.
Cancellation and Termination
If you wish to terminate Your account please notify the Company by email at the Support email address (firstname.lastname@example.org). You are solely responsible for correctly cancelling Your account.
The Company will use its reasonable endeavors to delete all Data associated with Your account. This information cannot be recovered once Your account is closed.
My Own CFO maintains the right to suspend or terminate Your account and refuse any current or future use if the Subscriber commits any material breach of any of the Terms of the Agreement for the Service provided and the breach remains unremedied for 30 days.
Termination of the Services will result in the deactivation or deletion of Your account or access to Your account.
Modifications to the Services and Prices
My Own CFO reserves the right to modify or discontinue the Services (or any part of them) at any time without prior notice to You, although the Company will always use its reasonable endeavors to give notice of a discontinuation where possible.
The Price of the monthly or annual subscription fees may be subject to change by the Company from time to time upon 30 days prior notice.
The Company shall provide such notice at any time by posting the changes on the Website, by email or through the Service itself.
My Own CFO shall not be liable to You or any third party for any price change, modification, suspension or discontinuation of the Service.
Warranties, Obligations and Representations
My Own CFO will use reasonable skill and care to ensure the provision and functionality of the Service as described on the Website when used in accordance with it and this Agreement.
If you believe the Company’s provision of the Website or Applications does not conform to this undertaking, you should notify us by email at email@example.com.
Your use of the Service is at Your own risk and is provided to You on an “as is” and “as available” basis.
The Company does not warrant that:
- the Website or Application will be continuously available, or that Your use thereof will be uninterrupted or error or bug free or that My Own CFO, the Website or Application and server will be free from attack; nor
- that all the information we provide on My Own CFO, the Website and Application is correct and complete, but the Company nevertheless undertakes to use its reasonable endeavors to ensure that all the information provided on the My Own CFO the Website and Applications is correct and complete at the time of the last update to the relevant page. This is in part because of the reliance of the Service on software, hardware, networks, systems and storage hosted by third party partners.
Disclaimer and Limitation of Liability
You, the Subscriber, may use the Service at Your own risk and You understand and agree that My Own CFO in no event shall be liable to the Subscriber for any direct or indirect, consequential, incidental or special damage or loss of any kind, including, but not limited to, loss of profits, loss of contracts or goodwill, loss of or corruption of data or information, interference with privacy, business interruptions, or the Subscribers inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise.
The failure of My Own CFO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
To the maximum extent permitted by law all undertakings and warranties given by us under this Agreement are exclusive and all other terms, warranties, representations, undertakings and conditions, express or implied, statutory or otherwise are excluded.
You agree to fully indemnify the Company against any losses, expenses, damages, liabilities and costs that it may suffer or incur as a result of or related to any use of the Service, or anything You or an authorized user does or does not do (including any breach by You of these Terms), including any expenses we incur in exercising whatever rights we may have against you or an authorized user.
Intellectual Property, Copyright and Content/Data Ownership
My Own CFO owns all rights, title and interest, including Intellectual Property rights in the Service and, as they are created, any changes or improvements to the Service made by or for us, You or anyone else. Your limited right to use the Service is set out in this agreement.
The Company does not claim any intellectual property rights over User Data You provide to the Service. All Data uploaded by You remains Yours. Accordingly you agree to grant to the Company and its suppliers and contractors the right to use, modify and copy User Data solely for the purpose of providing the Service to you. Whilst the Company endeavors to keep User Data secure, it does not guarantee that it is completely secure or recoverable or will never be lost or damaged.
These Terms contain all the Terms of Your agreement with us relating to Your use of the My Own CFO Website and Application.
You understand that the Service uses third party vendors and hosting partners to provide the necessary software, hardware, networks, storage and related technology to run the Service.
My Own CFO is not responsible for the content, continuity or security of the services provided by those third parties.
You must not misuse, adapt or modify the Service in any way which may impair the functionality of the Service or Website / Application.
You understand that My Own CFO has certain user system requirements which you are responsible for providing and installing. You are responsible for subscribing to the relevant Source Platform.
The Subscriber is responsible for reviewing the accuracy of the results of the Service, in particular checking the account balances, transaction values and other information presented by the Service.
My Own CFO does not warrant that the Service will meet Your specific requirements, will be uninterrupted, timely, secure or error free.
Technical support is provided to account holders and is available by email. Please contact firstname.lastname@example.org with any request for assistance.
The Company shall not be liable to You nor be deemed to be in breach of the agreement by reason of delay in performing, or any failure to perform, any of its obligations in relation to the Service, if the delay or failure was beyond our reasonable control.
The following are regarded as, but not limited to, causes beyond our reasonable control:
- Act of God, explosion, flood, tempest, fire or accident, weather; or
- external circumstances which prevent us from providing the Service; or
- failure by You to perform any of Your obligations under this Agreement.
Governing Law and Jurisdiction
Notwithstanding that the Company may use third parties that are not located within Australia for the performance of our obligations under this Agreement, the Website and Applications are operated, controlled and hosted from Australia and therefore the Australian law enforced by the Australian courts governs the use of the Website, its content, services, software and this Agreement.
Use of My Own CFO in respect of illegal business activities may additionally attract criminal liabilities in the jurisdiction where the cloud hosting service provider resides.