Term and Condition
THIS IS A CONTRACT. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING QUICKBOOKS PTY LTD ’s website. Effective as of March 20, 2023
Recitals
QUICKBOOKS PTY LTD now offers monthly and annual subscription access to its popular QuickBooks training videos. This is a contract intended to govern this subscription and all resources associated with this service.
Subscription Services Provided
The subscription services offered by QUICKBOOKS PTY LTD may include video services and any other features, content, or applications offered from time to time by QUICKBOOKS PTY LTD that link to these Terms of Service in connection with QUICKBOOKS PTY LTD’s business (collectively, the “QUICKBOOKS PTY LTD”).
These services are provided through several websites operated by QUICKBOOKS PTY LTD (“The QUICKBOOKS PTY LTD Sites”). QUICKBOOKS PTY LTD is based in India and the QUICKBOOKS PTY LTD Services are hosted in the United States. Subscription to these training videos grants no rights to QUICKBOOKS PTY LTD’s consulting services, Quickbooks products, or any other product, service, or tools not specifically enumerated. Questions, training, or other services can be purchased at an additional fee at https://www.quickbooks-enterprise.online.
QUICKBOOKS PTY LTD furnishes the QUICKBOOKS PTY LTD Sites and the QUICKBOOKS PTY LTD Services as an educational tool for subscribers. By visiting the QUICKBOOKS PTY LTD Sites (whether or not you are a registered user) or using the QUICKBOOKS PTY LTD Services, you accept and agree to be bound by this agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules, and regulations (“Applicable Law”). Please read this Agreement carefully. QUICKBOOKS PTY LTD may modify this Agreement at any time, and each such modification will be effective upon posting on the QUICKBOOKS PTY LTD Sites.
All material modifications will apply prospectively only. Your continued use of the QUICKBOOKS PTY LTD Sites or the QUICKBOOKS PTY LTD Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Laws, you must discontinue the use of the QUICKBOOKS PTY LTD Services immediately.
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Your access to and use of certain QUICKBOOKS PTY LTD Services may require you to accept additional terms and conditions applicable to such QUICKBOOKS PTY LTD Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail. The QUICKBOOKS PTY LTD Sites only support the latest version of the following sites:
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Google Chrome
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Safari
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Internet Explorer
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Microsoft Edge
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Firefox
Subscription Cost
Subscriptions to the QUICKBOOKS PTY LTD Services will be available at the cost and for the subscription period advertised on the applicable QUICKBOOKS PTY LTD Sites. Costs are subject to change and posted prices are only valid if you subscribe for that period before a change takes effect. Typographical errors and apparent errors in posted prices will not be effective subscription prices. You must prepay for the term of the subscription.
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Certificates of Completion
You acknowledge and agree that any certifications provided on our Website solely pertain to the content made available on our Website and are not affiliated in any way with any third-party software certification process. We expressly disclaim any and all warranties that any current or potential employer will attach any significance to your receipt of a certificate of completion for any course taken on our website.
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Renewal
Subscriptions renew automatically every subscription period unless canceled by either party. Unless otherwise notified by QUICKBOOKS PTY LTD, your credit card account will be automatically charged within 60 days prior to the expiration of the term of your subscription. In addition, QUICKBOOKS PTY LTD may seek pre-authorization of your credit card account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.
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Cancellations are processed upon receipt of the cancellation request. Upon cancellation, all fees and charges are nonrefundable.
Registration and Security
All registration information you submit to create an account must be accurate and kept up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address, or password of another user at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify QUICKBOOKS PTY LTD immediately if you suspect any unauthorized use of, or access to, your account or password.
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Termination
Unless terminated by QUICKBOOKS PTY LTD in its sole discretion, this Agreement remains in full force and effect while you use the QUICKBOOKS PTY LTD Services. You may terminate your account on any of the QUICKBOOKS PTY LTD Services at any time, for any reason, by contacting the Site Administrator. QUICKBOOKS PTY LTD may terminate your account and/or access to the QUICKBOOKS PTY LTD Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Even after your user account or access to the QUICKBOOKS PTY LTD Services is terminated by you or by QUICKBOOKS PTY LTD, this Agreement will remain in effect with respect to your past and future use of the QUICKBOOKS PTY LTD Site(s) or the QUICKBOOKS PTY LTD Services. Any rights to your account terminate upon your death.
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Purchasing Services or Products
In connection with a purchase of any subscription, service, or product on The QUICKBOOKS PTY LTD Site(s) (“Site Product”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party not affiliated with QUICKBOOKS PTY LTD (the “Processor”).
Where the Processor is responsible for collecting, transmitting, and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy (ies) of the Processor. If you make a purchase from the QUICKBOOKS PTY LTD Sites or the QUICKBOOKS PTY LTD Services you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.
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QUICKBOOKS PTY LTD makes no warranty and accepts no liability for any loss or damages whatsoever, relating to or in connection with your access to the QUICKBOOKS PTY LTD Sites. QUICKBOOKS PTY LTD provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on the QUICKBOOKS PTY LTD Sites or the QUICKBOOKS PTY LTD Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, QUICKBOOKS PTY LTD will in no way be responsible or liable to you for any such breach.
QUICKBOOKS PTY LTD is not required to store any record of Personal Financial Information related to purchases or other transactions you make through the QUICKBOOKS PTY LTD Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Limited Content License
The QUICKBOOKS PTY LTD Services and the QUICKBOOKS PTY LTD Sites are offered for your personal or business use only and may not be used for multiple businesses or persons. QUICKBOOKS PTY LTD Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of QUICKBOOKS PTY LTD, its licensors, or assignors (“QUICKBOOKS PTY LTD Content”), as well as Content provided by users or other third parties.
Content contained in the QUICKBOOKS PTY LTD Services is protected by copyright, trademark, patent, trade secret, and other laws and, as between you and QUICKBOOKS PTY LTD, its licensors, or its assignors, own and retain all rights in the QUICKBOOKS PTY LTD Content. QUICKBOOKS PTY LTD hereby grants you a limited, revocable, non-sublicensable, non-exclusive license to access and display or perform the QUICKBOOKS PTY LTD Content (excluding any software code) solely for your personal or business use in connection with using the QUICKBOOKS PTY LTD Services.
If QUICKBOOKS PTY LTD elects to grant you greater rights than set forth herein (which rights may only be granted in express writing), such grant of rights will be revocable at will without cause by QUICKBOOKS PTY LTD unless expressly stated otherwise. Except as provided in this Agreement or as explicitly allowed on the QUICKBOOKS PTY LTD Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the QUICKBOOKS PTY LTD Services or the QUICKBOOKS PTY LTD Sites.
Except as explicitly and expressly permitted by QUICKBOOKS PTY LTD or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, online postcards, montages, mash-ups, and similar videos, greeting cards, and unlicensed merchandise) that derive from or are based on the QUICKBOOKS PTY LTD Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the QUICKBOOKS PTY LTD Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the QUICKBOOKS PTY LTD Services including geo-filtering mechanisms.
Except as necessary in order to make reference to QUICKBOOKS PTY LTD, its products, and services in a purely descriptive capacity, you are expressly prohibited from using any QUICKBOOKS PTY LTD Content in any manner.
Restrictions on Use of QUICKBOOKS PTY LTD Services
You understand that you are responsible for all Content that you post, upload, transmit, email, or otherwise make available on The QUICKBOOKS PTY LTD Site(s) or on, through, or in connection with the QUICKBOOKS PTY LTD Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the QUICKBOOKS PTY LTD Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic, or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract, or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
– Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising The QUICKBOOKS PTY LTD Site(s) or the QUICKBOOKS PTY LTD Services;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the QUICKBOOKS PTY LTD Services, including QUICKBOOKS PTY LTD’s servers, networks, or accounts;
– Cover, remove, disable, block, or obscure advertisements or other portions of the QUICKBOOKS PTY LTD Services;
– Delete or revise any information provided by or pertaining to any other user of the QUICKBOOKS PTY LTD Services;
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– Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses, or other data from the QUICKBOOKS PTY LTD Services, or to circumvent or modify any security technology or software that is part of the QUICKBOOKS PTY LTD Services;
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– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the QUICKBOOKS PTY LTD Services. If you do so, you acknowledge you will have caused substantial harm to QUICKBOOKS PTY LTD, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay QUICKBOOKS PTY LTD $50 for each actual or intended recipient of such communication;
– Solicit, collect, or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent if consent is required;
– Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the QUICKBOOKS PTY LTD Content; or building a business using the QUICKBOOKS PTY LTD Content) without QUICKBOOKS PTY LTD’s prior written consent;
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– Use the QUICKBOOKS PTY LTD Services to advertise or promote competing services;
-Use the QUICKBOOKS PTY LTD Services in a manner inconsistent with any and all Applicable Laws;
– Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
QUICKBOOKS PTY LTD reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by QUICKBOOKS PTY LTD, or for any other reason, in QUICKBOOKS PTY LTD’s sole discretion and without notice to you.
You acknowledge QUICKBOOKS PTY LTD reserves the right to investigate and take appropriate legal action against anyone who, in QUICKBOOKS PTY LTD’s sole discretion, violates this Agreement, including but not limited to, terminating their user account, and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent, and agree that QUICKBOOKS PTY LTD may access, preserve or disclose information you provide to the QUICKBOOKS PTY LTD Sites or the QUICKBOOKS PTY LTD Services, including User Content and your account registration information, including when QUICKBOOKS PTY LTD has a good faith belief that such access, preservation or disclosure is necessary in order to:
(i) protect, enforce, or defend the legal rights, privacy, safety, or property of QUICKBOOKS PTY LTD, our parents, subsidiaries, or affiliates (“Company Affiliates”), or their employees, agents, and contractors (including enforcement of this Agreement or our other agreements);
(ii) protect the safety, privacy, and security of users of the QUICKBOOKS PTY LTD Services or members of the public including in urgent circumstances;
(iii) protect against fraud or for risk management purposes;
(iv) comply with the law or legal process; or
(v) respond to requests from public and government authorities. If QUICKBOOKS PTY LTD sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, QUICKBOOKS PTY LTD may transfer your information to the party or parties involved in the transaction as part of that transaction.
QUICKBOOKS PTY LTD reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and QUICKBOOKS PTY LTD assumes no responsibility for any loss of your User Content due to its being removed by QUICKBOOKS PTY LTD or for any other reason.
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Your Proprietary Rights in and License to Your User Content
QUICKBOOKS PTY LTD does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through, or in connection with the QUICKBOOKS PTY LTD Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any QUICKBOOKS PTY LTD Content or content owned by a Company Affiliate.
By posting or transmitting any User Content on, through, or in connection with the QUICKBOOKS PTY LTD Services, you hereby grant to QUICKBOOKS PTY LTD and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes.
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Additionally, QUICKBOOKS PTY LTD is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including QUICKBOOKS PTY LTD Services. QUICKBOOKS PTY LTD’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity.
You hereby appoint QUICKBOOKS PTY LTD as your agent with full authority to execute any document or take any action QUICKBOOKS PTY LTD may consider appropriate in order to confirm the rights granted by you to QUICKBOOKS PTY LTD in this Agreement.
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You represent and warrant that:
(i) you own the User Content Transmitted by you on, through, or in connection with the QUICKBOOKS PTY LTD Services, or otherwise have the right to grant the license set forth in this Section, and
(ii) the Transmission of User Content by you on, through, or in connection with the QUICKBOOKS PTY LTD Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the QUICKBOOKS PTY LTD Services or Third Party Services.
If you delete your User Content from The QUICKBOOKS PTY LTD Site(s), QUICKBOOKS PTY LTD’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect.
However, the User Content may be retained in the QUICKBOOKS PTY LTD’s backup copies of The QUICKBOOKS PTY LTD Site(s), which are not publicly available. Furthermore, to the extent that QUICKBOOKS PTY LTD made use of your User Content before you deleted it, QUICKBOOKS PTY LTD will retain the right to make such pre-existing uses even after your User Content is deleted.
You acknowledge that
(i) deletion of your User Content from The QUICKBOOKS PTY LTD Site(s) will not result in, and QUICKBOOKS PTY LTD assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from The QUICKBOOKS PTY LTD Site(s), and
(ii) termination of your account or your use of the QUICKBOOKS PTY LTD Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Your Exposure to Others’ User Content
You understand that QUICKBOOKS PTY LTD does not control the User Content posted by users via the QUICKBOOKS PTY LTD Services and, as such, you understand you may be exposed to offensive, inaccurate, or otherwise objectionable User Content. QUICKBOOKS PTY LTD assumes no responsibility or liability for this type of Content. QUICKBOOKS PTY LTD assumes no responsibility for monitoring the QUICKBOOKS PTY LTD Services for inappropriate User Content or user conduct.
If at any time, QUICKBOOKS PTY LTD chooses in its sole discretion to monitor the QUICKBOOKS PTY LTD Services, QUICKBOOKS PTY LTD nonetheless assumes no responsibility for Content other than QUICKBOOKS PTY LTD Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third-Party Links and Services
The QUICKBOOKS PTY LTD Services may provide, or third parties may provide, links to other websites, applications, resources, or other services created by third parties (“Third Party Services”).
When you engage with a provider of a Third Party Service, you are interacting with the third party, not with QUICKBOOKS PTY LTD. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service.
QUICKBOOKS PTY LTD encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development, or payment services.
QUICKBOOKS PTY LTD is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof).
Inclusion of any Third Party Service or a link thereto on the QUICKBOOKS PTY LTD Services does not imply approval or endorsement of the Third Party Service. QUICKBOOKS PTY LTD is not responsible for the content or practices of any websites other than the QUICKBOOKS PTY LTD Sites, even if the website links to the QUICKBOOKS PTY LTD Sites and even if it is operated by a Company Affiliate or a company otherwise connected with the QUICKBOOKS PTY LTD Sites.
By using the QUICKBOOKS PTY LTD Services, you acknowledge and agree that QUICKBOOKS PTY LTD is not responsible or liable to you for any content or other materials hosted and served from any website other than the QUICKBOOKS PTY LTD Sites. When you access Third Party Services, you do so at your own risk.
User Disputes
You are solely responsible for your interactions with other users of The QUICKBOOKS PTY LTD Site(s) and the QUICKBOOKS PTY LTD Services, providers of Third Party Services, or any other parties with whom you interact on, through or in connection with the QUICKBOOKS PTY LTD Services. QUICKBOOKS PTY LTD reserves the right but has no obligation, to become involved in any way with any disputes between you and such parties.
Privacy
Use of the QUICKBOOKS PTY LTD Services is also governed by our Privacy Policy, which is incorporated into and is a part of this Agreement by this reference.
Disclaimers
THE QUICKBOOKS PTY LTD SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND QUICKBOOKS PTY LTD DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE QUICKBOOKS PTY LTD SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUICKBOOKS PTY LTD EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUICKBOOKS PTY LTD MAKES NO WARRANTY THAT YOUR USE OF THE QUICKBOOKS PTY LTD SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS TO THE QUICKBOOKS PTY LTD SERVICES WILL BE CORRECTED, THAT THE QUICKBOOKS PTY LTD SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE QUICKBOOKS PTY LTD SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.
UNDER NO CIRCUMSTANCES WILL QUICKBOOKS PTY LTD BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) RESULTING FROM THE USE OF THE QUICKBOOKS PTY LTD SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE QUICKBOOKS PTY LTD SERVICES, ATTENDANCE AT A QUICKBOOKS PTY LTD EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE QUICKBOOKS PTY LTD SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE QUICKBOOKS PTY LTD SERVICES, OR THE CONDUCT OF ANY USERS OF THE QUICKBOOKS PTY LTD SERVICES, WHETHER ONLINE OR OFFLINE.
YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE QUICKBOOKS PTY LTD SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE QUICKBOOKS PTY LTD SERVICES.
Limitation on Liability
IN NO EVENT WILL QUICKBOOKS PTY LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE QUICKBOOKS PTY LTD SERVICES.
IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUICKBOOKS PTY LTD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QUICKBOOKS PTY LTD FOR THE QUICKBOOKS PTY LTD SERVICES DURING THE TERM OF YOUR USE OF THE QUICKBOOKS PTY LTD SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF QUICKBOOKS PTY LTD’S ACTS OR OMISSIONS OR YOUR USE OF THE QUICKBOOKS PTY LTD SITE(S) OR THE QUICKBOOKS PTY LTD SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE QUICKBOOKS PTY LTD SITE(S) OR THE QUICKBOOKS PTY LTD SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF QUICKBOOKS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
QUICKBOOKS PTY LTD provides QUICKBOOKS PTY LTD Services in the United States of America. QUICKBOOKS PTY LTD does not represent that the QUICKBOOKS PTY LTD Content or the QUICKBOOKS PTY LTD Services are appropriate (or, in some cases, available) for use in other locations. If you use The QUICKBOOKS PTY LTD Site(s) or the QUICKBOOKS PTY LTD Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of The QUICKBOOKS PTY LTD Site(s) or the QUICKBOOKS PTY LTD Services.
Not all of the Site Products are available worldwide or nationwide, and QUICKBOOKS PTY LTD makes no representation that you will be able to obtain any Site Product in any particular jurisdiction, either within or outside of the United States.
India Export Controls
Software available in connection with the QUICKBOOKS PTY LTD Services is further subject to Australian export controls. No such software may be downloaded from the QUICKBOOKS PTY LTD Services or otherwise exported or re-exported in violation of Australian export laws. Downloading or using such software is at your sole risk.
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Governing Law
The Agreement will be governed by and construed in accordance with, the laws of India, without regard to its conflict of law provisions.
You and the QUICKBOOKS PTY LTD Parties agree to submit to the exclusive jurisdiction of the courts located in QLD to resolve any Dispute arising out of the Agreement or the QUICKBOOKS PTY LTD Services. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.
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Indemnity
You agree to indemnify and hold the QUICKBOOKS PTY LTD Parties, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of The QUICKBOOKS PTY LTD Site(s) or the QUICKBOOKS PTY LTD Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the QUICKBOOKS PTY LTD Services.
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Unsolicited Submissions
QUICKBOOKS PTY LTD does not knowingly accept, via the QUICKBOOKS PTY LTD Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, storylines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts.
QUICKBOOKS PTY LTD requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any QUICKBOOKS PTY LTD or Affiliated Company creative work including, without limitation, a film, series, story, title, or concept would be purely coincidental.
If you do send any submissions to QUICKBOOKS PTY LTD via the QUICKBOOKS PTY LTD Services that are unsolicited (including but not limited to any Forum), however, you agree that
(i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and QUICKBOOKS PTY LTD;
(ii) any such unsolicited submissions and copyright become the property of and will be owned by QUICKBOOKS PTY LTD (and are not User Content licensed by you to QUICKBOOKS PTY LTD under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as QUICKBOOKS PTY LTD sees fit;
(iii) you are not entitled to any compensation, credit, or notice whatsoever in connection with such submissions; and
(iv) by sending an unsolicited submission you waive the right to make any claim against QUICKBOOKS PTY LTD or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Other
The failure of QUICKBOOKS PTY LTD to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the QUICKBOOKS PTY LTD may be required by Applicable Law to send to you will be effective upon QUICKBOOKS PTY LTD’s sending an e-mail message to the e-mail address you have on file with QUICKBOOKS PTY LTD or publishing such notices on the informational page(s) of The QUICKBOOKS PTY LTD Site(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and QUICKBOOKS PTY LTD as a result of this Agreement or your use of the QUICKBOOKS PTY LTD Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits the Company’s right or obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact the Site Administrator on the applicable QUICKBOOKS PTY LTD Site with any questions regarding this Agreement.
BY USING THE QUICKBOOKS PTY LTD SERVICES YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THESE TERMS OF SERVICE.