Services
You must provide all equipment necessary to make a connection to the World Wide Web and pay any service fees to providers for access. After gaining access to the World Wide Web, you must obtain access to and pay for the use of Services. This is accomplished by registering as a ACA subscriber or by using any user id on the site provided by us or any third party.
Website Disclaimer
You assume all risks concerning the suitability and accuracy of the information within the web site and publications. The web site (and pages) and publications may contain technical inaccuracies or errors. ACA bears no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents. ACA will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and these product offerings may not be relevant to, or available in, your country.
The Services contains links to other third-party sites which are not under the control or responsibility of ACA. ACA is not responsible for the content on any linked web sites. If you access a third-party site from this website, then you do so at your own risk. ACA is only providing these links for a convenience to users. The inclusion of any link does not imply that ACA is endorsing or is accepting any responsibility for the content or services of those third-party sites. The ACA website will contain information as a guide only and is not legal, taxation, financial or investment advice and is not suitable to be relied on by you as such advice. You should obtain professional legal, financial and investment advice.
Liability Use of the Services shall be at the Subscriber’s own risk. ACA is not responsible for any adverse consequences arising out of the use of the Services. You agree to indemnify, defend, and hold harmless ACA from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by ACA as a result of any claim arising from your violation of the Terms, State or Commonwealth law or regulations, or any third party’s rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights. These obligations survive termination of the Service. ACA will not accept liability for failures in providing Services which are outside normal usage or which occur due to force majeure, matters outside ACA’s control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
Disclaimer of Warranties
The Services (including all content, software, functions, and operational hosting services) are provided “as is”, without warranty of any kind. ACA expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access.
ACA Proprietary and Confidential Information
You acknowledge and agree that the Services contain proprietary and confidential information that is protected by intellectual property and other laws. You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service. If you are a financial service provider (i.e. accountant, bookkeeper, financial adviser) you may procure and maintain the Service for your client by establishing and maintaining a separate account for them, or your client may establish an account with ACA and set you up with Access Authority.
You agree not to use or display any ACA trademarks, logos, product and services names or other ACA material of any form (including any derivations) without our written approval or as described elsewhere in these Terms where you are a ACA Partner. If you do so we have the right to terminate this agreement or halt supply of the service or both at our discretion.
Transferability You may not assign, sell, distribute, lease, rent, lend, sub-license, or transfer the Subscription Services or this licence (subject to the prior written consent of ACA)
ACA claims no intellectual property rights over the material submitted, posted or displayed via the Subscription Service. However, it may be used in anonymous aggregated form (where it is aggregated in part or full with other subscribers) and that by you setting pages, posts, transactions and/or any other data (‘Content’) to be shared publicly, you agree to allow others to view and share your Content.
If you instruct us to mark any information on our service for deletion (or deactivation) you acknowledge you are instructing us and authorise us to delete it permanently at a time or date of our choosing. If you instruct us to delete information and wish to change or revoke that instruction you acknowledge that a) you must make that specific request in writing; and b) we do not guarantee the ability for us to restore that information as it has been permanently deleted; and c) we may charge you (and you are obliged to pay) professional services hourly rates (similar to any other tier one finance or technology professional services rates) for any investigation and also for any attempt at restoring any information; and d) we may provide you that information in a form of our choosing although we will normally restore it inside the application.
You agree that our data management practices (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) may not be appropriate for you or your financial management responsibilities and that our processes for data management may change at our sole discretion.
You agree that we may use materials, quotes from correspondence and from support conversations and any other interactions by you with our products and services including web click streams on our web site customer testimonials pages and web (and other) support knowledge base forums and related marketing material online and in other forms at our sole discretion. You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, brands and the like from your website on our customer testimonials website page and also in related places and materials both online and in other forms including directories that we publish at our sole discretion. You acknowledge you are not entitled to any payment for use of this material. We acknowledge that we will not claim any portion of revenue that you may derive from from online traffic (also known as web visitors) you may receive from this free advertising unless you are notified by us in writing in advance of such claim.