Member Agreement Terms and Conditions
1 Interpretation
1.1 Definitions
In these Terms & Conditions:
(1) The Bookkeeper’s Academy means The Bookkeeper’s Academy Pty Ltd ABN 27 140 904 678 of 26 Bangalay Way, Dianella, 6059, and includes its successors in title and assigns and those claiming through or under them respectively;
(2) The Bookkeeper’s Academy Intellectual Property means all The Bookkeeper’s Academy’s copyright, design rights, trade mark rights, patent rights or any other intellectual property rights subsisting in, or created during the development of The Bookkeeper’s Academy Resources or other The Bookkeeper’s Academy Membership Benefits and includes The Bookkeeper’s Academy’s trademarks and confidential information and any of The Bookkeeper’s Academy’s processes or procedures, any policies or any, trade secrets, know-how, software, source and object codes, templates, guides, toolkits, checklists, online learning platforms, videos, workbooks, records and documents;
(3) The Bookkeeper’s Academy Member means a member entitled to use The Bookkeeper’s Academy Membership Benefits;
(4) The Bookkeeper’s Academy Membership means the membership rights referred to in these Terms & Conditions to access The Bookkeeper’s Academy Membership Benefits;
(5) The Bookkeeper’s Academy Membership Benefits means the benefits made available to The Bookkeeper’s Academy Members by The Bookkeeper’s Academy as determined by The Bookkeeper’s Academy from time to time including but not limited to access to The Bookkeeper’s Academy Resources, online communities, training, workshops, presentations and The Bookkeeper’s Academy Member networking events for The Bookkeeper’s Academy Network;
(6) The Bookkeeper’s Academy Network means the network of The Bookkeeper’s Academy Members;
(7) The Bookkeeper’s Academy Resources means the resources made available by The Bookkeeper’s Academy-to-The Bookkeeper’s Academy Members including materials, content, copy, recordings, templates, best practice guides, toolkits, checklists, online learning platforms, videos, workbooks and other materials as determined by The Bookkeeper’s Academy from time to time;
(8) The Bookkeeper’s Academy’s Website means the website located at www.thebookkeepersacademy.com, or any other website specified by The Bookkeeper’s Academy in writing;
(9) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday in the place where an act is to be performed or a payment is to be made;
(10) Cost means any cost, charge, expense, outgoing, payment or other expenditure of any nature and where appropriate includes fees and disbursements payable to contractors, consultants and lawyers;
(11) Member means the person described as the Member on The Bookkeeper’s Academy’s membership registration, application or payment form and includes their successors in title and permitted assigns and those claiming through or under them respectively;
(12) Membership Fee means the amounts specified on The Bookkeeper’s Academy Website and which may be updated from time to time;
(13) Related Entity means a related entity as defined by the Corporations Act 2001 (Cth); and
(14) Term means the period of The Bookkeeper’s Academy Membership.
2 The Bookkeeper’s Academy Membership
2.1 The Bookkeeper’s Academy grants the Member The Bookkeeper’s Academy Membership which includes a non-exclusive right to access The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources for the Term and on the terms set out in these Terms & Conditions.
2.2 The Bookkeeper’s Academy Membership is not an exclusive membership and does not confer upon the Member any express or implied right to any exclusivity.
2.3 The Bookkeeper’s Academy Membership commences on payment of the first instalment of the Membership Fee and continues for the Term unless terminated in accordance with these Terms & Conditions.
3 The Bookkeeper’s Academy's obligations
3.1 The Bookkeeper’s Academy will provide the Member with access to The Bookkeeper’s Academy Membership Benefits including but not limited to The Bookkeeper’s Academy Resources for the Term.
3.2 The Bookkeeper’s Academy may, from time to time during the Term conduct training, workshops, presentations and The Bookkeeper’s Academy Member networking events for The Bookkeeper’s Academy Network.
4 Member’s obligations
4.1 The Member must pay the Membership Fee to The Bookkeeper’s Academy by direct debit from the Member’s nominated bank account on a weekly or monthly basis. The Member must provide a direct debit authority to The Bookkeeper’s Academy prior to the commencement of the Term.
4.2 The Member’s access to The Bookkeeper’s Academy Membership Benefits is personal to the Member. The Member must not permit any third parties to have access to The Bookkeeper’s Academy Membership Benefits. The Member must:
(1) not allow any other party (including but not limited to the Member’s clients, associates and employees) access to The Bookkeeper’s Academy Membership Benefits or The Bookkeeper’s Academy Resources and any other The Bookkeeper’s Academy Intellectual Property;
(2) keep safe and secure, use reasonable security measures and not disclose to any other party (including but not limited to the Member’s clients, associates and employees) any user login or password details provided to the Member by The Bookkeeper’s Academy for access to The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources;
(3) not allow any other party (including but not limited to the Member’s clients, associates and employees) to use The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources and use The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources only in the manner prescribed by The Bookkeeper’s Academy;
(4) not copy, reproduce, republish or provide or transmit to any third party any of The Bookkeeper’s Academy Resources and use The Bookkeeper’s Academy Resources only for their own personal use;
(5) not make any alterations to The Bookkeeper’s Academy Resources and not adapt, alter or create any derivative works from any of The Bookkeeper’s Academy Resources or use The Bookkeeper’s Academy Resources for any other purpose other than for the Member’s own personal use;
(6) advise The Bookkeeper’s Academy immediately of any infringement or potential infringement of this clause and take all reasonable action to stop or prevent further infringement; and
(7) stop using The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources at the end of The Bookkeeper’s Academy Membership.
4.3 The Member acknowledges that:
(1) all rights in and relating to The Bookkeeper’s Academy Membership Benefits, The Bookkeeper’s Academy Resources and The Bookkeeper’s Academy’s Intellectual Property are and remain the property or under the control of The Bookkeeper’s Academy or a Related Entity of The Bookkeeper’s Academy; and
(2) the Member does not acquire any right, title or interest in any of The Bookkeeper’s Academy Membership Benefits, The Bookkeeper’s Academy Resources or The Bookkeeper’s Academy’s Intellectual Property.
4.4 If the Member participates in any of The Bookkeeper’s Academy Member online communities or networking events for The Bookkeeper’s Academy Network, the Member must at all times be respectful of the other The Bookkeeper’s Academy Members and The Bookkeeper’s Academy and ensure that all their communications with other The Bookkeeper’s Academy Members and The Bookkeeper’s Academy are at all times polite and considerate. Trolling and harassment will not be tolerated under any circumstances. Any breach of this clause may result in the Member’s entitlement to participate being suspended or terminated at The Bookkeeper’s Academy’s sole discretion and no refund or the Membership Fee will be provided.
5 Transfer and other dealings
5.1 The Bookkeeper’s Academy Membership is personal to the Member and the Member must not transfer, assign, lease, licence, franchise or otherwise part with possession of The Bookkeeper’s Academy Membership.
6 Suspension or Termination
6.1 The Bookkeeper’s Academy may suspend for any period or terminate The Bookkeeper’s Academy Membership immediately by giving the Member written notice if the Member:
(1) the Member does not pay on time any instalment of the Membership Fee or any other money payable to The Bookkeeper’s Academy for The Bookkeeper’s Academy Membership and in accordance with these Terms & Conditions;
(2) breaches any clause, covenant, warranty, agreement or obligation contained or implied in these Terms & Conditions and fails to remedy such breach within 7 days of receiving a written notice from The Bookkeeper’s Academy to do so;
(3) becomes a bankrupt, an insolvent under administration or an externally-administered body corporate.
6.2 No refunds (pro rata or otherwise) of the Membership Fee will be provided if The Bookkeeper’s Academy Membership is suspended or terminated.
6.3 After the Term and The Bookkeeper’s Academy Membership comes to an end, all rights and licences of the Member to use any of The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources terminates without the need for anything else to be done.
6.4 At the end of the Term and The Bookkeeper’s Academy Membership, the Member must immediately stop using in any manner The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources.
6.5 At the end of the Term and The Bookkeeper’s Academy Membership, The Bookkeeper’s Academy retains any rights it has against the Member in respect of any past breach of these Terms & Conditions, in addition to any other rights, powers or remedies provided by law.
7 Indemnity
7.1 The Member indemnifies The Bookkeeper’s Academy against all losses incurred by The Bookkeeper’s Academy, all liabilities incurred by The Bookkeeper’s Academy and all Costs incurred by The Bookkeeper’s Academy in connection with a demand, action, arbitration, or other proceeding (including mediation, compromise, out of court settlement or appeal) arising directly or indirectly as a result of or in connection with:
(1) a breach by the Member of these Terms & Conditions;
(2) any loss, liability or cost of any person associated with the Member’s business or the provision of goods or services by the Member (including but not limited to a client, personnel, agent, servant or contractor);
(3) the Member’s taxes, liabilities or Costs of its business or otherwise;
(4) any negligent or wilful act or omission of the Member, its personnel, agents, servants, contractors; and
(5) any warranty, promise or representation made by the Member or any employee, agent or other person acting on the Member’s behalf.
7.2 The Bookkeeper’s Academy’s rights at law and under these Terms & Conditions, including its right to be indemnified under this clause, are not affected by The Bookkeeper’s Academy ending The Bookkeeper’s Academy Membership or anything else.
8 Acknowledgments
8.1 The only conditions and warranties which are binding on The Bookkeeper’s Academy in respect of The Bookkeeper’s Academy Membership or any services, advice, information, resources or materials supplied by The Bookkeeper’s Academy, its employees, servants or agents are those imposed and required to be binding by statute.
8.2 To the extent permitted by statute, the liability, if any, of The Bookkeeper’s Academy arising from the breach of the conditions or warranties referred to in this clause 8 is, at The Bookkeeper’s Academy’s option, limited to and completely discharged by supplying the services, advice, information, resources or materials again.
8.3 Except as provided in this clause 8, all conditions and warranties implied by law in respect of the state, quality or condition of any goods and/or services which may apart from this clause be binding on The Bookkeeper’s Academy are excluded.
8.4 The Member acknowledges that the Member does not rely and it is unreasonable for the Member to rely on the skill or judgment of The Bookkeeper’s Academy as to whether any goods and/or services supplied are reasonably fit for any purpose for which they are being acquired. Any information or advice provided by The Bookkeeper’s Academy is general in nature and may not be applicable or suited to the specific circumstances of the Member and/or their clients. The Bookkeeper’s Academy strongly recommends that professional advice specific to the person’s individual circumstances should be obtained when making important financial decisions.
8.5 Except to the extent provided in this clause 8, The Bookkeeper’s Academy has no liability (including liability in negligence) to any person for:
(1) any loss or damage consequential or otherwise suffered or incurred by that person in relation to goods and/or services supplied; and
(2) in particular without limiting clause 8.5(1) any loss or damage consequential or otherwise suffered or incurred by that person caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the goods and/or services supplied.
8.6 The Member acknowledges that The Bookkeeper’s Academy does not guarantee any return on investment or profit to the Member with respect to its business or otherwise.
9 General provisions
9.1 Force majeure: If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.
9.2 Notices: A notice or other communication connected with these Terms & Conditions (Notice) has no legal effect unless it is in writing. In addition to any other method of service provided by Law, the Notice may be:
(1) sent by prepaid post to the address of the addressee;
(2) sent by email to the email address of the addressee;
(3) delivered at the address of the addressee.
A Notice must be treated as given and received:
(4) if sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;
(5) if sent or notified by email before 5pm on a Business Day at the place of receipt, on the day it is sent or notified and otherwise on the next Business Day at the place of receipt; or
(6) if otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.
9.3 Severability: If anything in these Terms & Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms & Conditions remains in force.
9.4 Entire understanding: These Terms & Conditions:
(1) are the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms & Conditions; and
(2) supersede any prior agreement or understanding on anything connected with that subject matter.
9.5 Variation: The Bookkeeper’s Academy may amend or vary these Terms & Conditions from time to time at its discretion by 7 days’ written notice to the Member.
9.6 Waiver: A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
9.7 Governing Law and jurisdiction: The Law of Western Australia governs The Bookkeeper’s Academy Membership and these Terms & Conditions. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and of the Commonwealth of Australia.
9.8 Non-merger: Each obligation, which expressly survives or is capable of surviving the end of The Bookkeeper’s Academy Membership, continues in force despite the end of The Bookkeeper’s Academy Membership.
