These are the terms and conditions (Terms) have five parts:

•        Part A: the MYOB Partner Program (Partner Program)

•        Part B: the MYOB Connected Accounting Program (CAP)

•        Part C: the MYOB Bookkeeper Program (BKP)

•        Part D: the MYOB Certified Consultant Program (CCP)

•        Part E: general terms that apply to all the above programs, including definitions for some capitalised terms.

Please read this document carefully. If you participate in any of the programs, then you agree to be bound by these Terms and any changes we make to these Terms from time to time.

Partner Program Benefits 

1. The Partner Program is free to join and provides members with a range of benefits. These benefits are summarised online for Australian members (here) and New Zealand members (here) (each being a Program Website). All benefits are determined by MYOB in its sole discretion and may be amended at any time by providing notice to you. 

2. The Partner Program benefits can be broadly categorised as:

a. benefits for all members, regardless of Program Tier; or

b. benefits for members that vary according to Program Tier (known as Rewards – see sections 20 to 28).

3. A full list and details of Eligible Activities, Rewards, the Program Tier Table and the Status Credits Earn Table is available on the Program Websites.  You should regularly check these pages as the information may change from time to time.

Interaction with other MYOB programs

4. Unless otherwise specified by us, you cannot participate in this Partner Program in addition to other similar programs previously offered by MYOB (such as the MYOB Referral Program and the MYOB Reseller Program. If you elect to participate in this Partner Program, you will not be able to benefit from other such programs.

Program Tier

5. Each member of the Partner Program receives a Program Tier, which determines the Rewards you can access (i.e. a higher Program Tier means greater Rewards). 

6. Program Tier is determined by the number of Status Credits earned. The Program Tier Table on the relevant Program Website sets out the number of Status Credits needed to achieve a certain Program Tier.  Your Program Tier is reassessed at the end of each calendar quarter based on your Status Credits.

7. To either maintain or upgrade your Program Tier, you must earn the number of Status Credits as set out in the Program Tier Table.  

8. MYOB reserves the right to upgrade, downgrade or maintain your Program Tier in our sole discretion. For example, MYOB may downgrade your Program Tier if there is a reduction in the number of Online Business Relationships you have or if you do not meet the criteria in the Program Tier Table to maintain your current Program Tier.  In respect of any adjustment to a lower Program Tier, MYOB will give you prior written notice before any such adjustment takes effect (Notice Period).   If you earn the required number of Status Credits during the Notice Period, then your Program Tier will not be downgraded.  

9. You may check your Program Tier at any time by logging onto your Partner Program dashboard.   Your Program Tier is assessed regularly based on your Status Credits to determine if you are eligible to upgrade to the next tier.

Status Credits

10. Each time you engage in an Eligible Activity, you may earn Status Credits.  Status Credits are allocated in accordance with the Status Credits Earn Table set out on the relevant Program Website.

11. Status Credits are allocated to your account as soon as reasonably practicable after the date of an Eligible Activity. 

12. Status Credits may be earned by your business or by the individuals who are eligible authorised users on your MYOB account (for example, when an individual completes an eligible MYOB training module).  Your total Status Credits are calculated by combining points from your business and authorised users.  If an individual ceases to be an eligible authorised user on your MYOB account, then their personal Status Points no longer contribute to your business total.

13. MYOB may remove Status Credits from your account if they have been allocated to you in error, or in respect of any Eligible Activity which is the subject of a cancellation, return or refund or which MYOB believes has been conducted in breach of these Terms.

14. You must regularly checking your account to confirm that Status Credits have been properly allocated to your account.  You must notify us of any discrepancies in relation to your account as soon as possible and in any event no later than 30 days after the date of the relevant Eligible Activity giving rise to that Status Point. 

15. Status Credits:

a. can only be earned by members of the Partner Program;

b. cannot be sold or assigned;

c. do not have any cash or monetary value and are not convertible to cash;

d. are not any form of contractual right or property;

e. can only be earned on Eligible Activities; and

f.  may expire over time in certain situations (please refer to the relevant Program Website for further details).

16. You may check the number of Status Credits that you have accrued at any time by logging onto the Partner Program dashboard.

Program Tier Logos

17. MYOB will provide Partner Program members with access to a range of MYOB logos which members can use to designate their Program Tier (Program Tier Logo).

18. MYOB grants you a non-exclusive, royalty free, personal, non-transferable and revocable licence for duration of your membership in the Partner Program to use the Program Tier Logo corresponding with your Program Tier (Licensed Logo) in Australia and New Zealand solely for the purpose of designating your Program Tier accordance with these Terms.

19. If you change your Program Tier, you:

a. must cease use of the Program Tier Logo that corresponded with your previous Program Tier and may begin use of the Program Tier Logo that corresponds with your new Program Tier, if any; and

b. agree to use all reasonable efforts to transition to the Program Tier Logo associated with your new Program Tier.  MYOB will allow you 3 months to cease use of the Program Tier Logo associated with your prior Program Tier.

20. When using the Licensed Logo, you must comply with all requirements notified by MYOB from time to time in relation to use of the Licensed Logo and use the Licensed Logo only in the manner prescribed by MYOB.

Rewards

21. Commission & Wholesale Discounts: Rewards can be classified as either:

a. commission on successful referrals of certain MYOB products and services (Commission); or

b. access to discounted prices for certain MYOB products and services (Wholesale Discount).

c. You cannot receive both a Commission and a Wholesale Discount in relation to a transaction.

22. What products and services attract Commission / Wholesale Discounts?

a. The current list of product and services that attract Commission or Wholesale Discounts is available from the Program Website. MYOB can update this list at any time with notice to you. 

23. What Wholesale Discount can I receive?

a. Wholesale Discounts are calculated as a percentage discount to the ordinary price of the MYOB product or service (exclusive of GST). Unless otherwise specified by us, the discount percentage received depends on your Program Tier (a higher Program Tier means a higher discount percentage). 

b. The percentage discount for each Program Tier is set out on the relevant Program Website.

24. What is a ‘successful referral’ for Commission? 

a. To be eligible for a Commission, you must make a ‘successful referral’. This means that a client must pay for an eligible MYOB product or service using a quote generated by you as the referring Partner.  

b. A successful referral may entitle you to both a Commission and Status Credits.

25. How do I make a referral?

a. Referrals should be made online via the Partner Program dashboard or your my.MYOB profile at the time your client purchases the MYOB product or service. 

b. If it is not possible to make the referral online, you may make the referral and related purchase by contacting your MYOB partner manager.

26. Types of Commission 

a. Depending on the MYOB product or service purchased by the referred client, MYOB will grant you one of the following at MYOB’s election:

i.      a Once-off Commission; or

ii.      an Ongoing Commission.

27. A Once-off Commission

a. A Once-off Commission is calculated as a percentage of the amount paid by the referred client to initially acquire the MYOB product or service (exclusive of GST).

b. A Once-off Commission will be paid within 30 days after the end of the month in which the referred client has paid for the particular product or service.

c. You are eligible for a Once-off Commission only after MYOB has received full payment from the client for the product or service purchased;

d. The percentage of Commission depends on your Program Tier, unless otherwise stated. Please see the relevant Program Website.

28. An Ongoing Commission

a. An Ongoing Commission is calculated as a percentage of each subscription payment paid by the referred client to MYOB in relation to a particular product or service (exclusive of GST). 

b. An Ongoing Commission will be calculated on a monthly or yearly basis (as advised by MYOB) and will be paid within 30 days after the end of the calculation period.  You will not be eligible for an Ongoing Commission if the client’s subscription is in arrears for the period in question.

c. An Ongoing Commission is payable for a maximum period of five years, which starts from the date that MYOB receives the referred client’s first subscription payment. 

d. The percentage of Commission depends on your Program Tier, unless otherwise stated. Please see the relevant Program Website.

29. How can I receive my Commission?

You may elect to have your Commission amount:

a. paid directly to you by electronic funds transfer; or

b. credited to your MYOB account (e.g. as a rebate on software maintenance costs).

However, if your account with MYOB is in arrears, you will only be entitled to a credit to your MYOB account. 

Overpayment of Rewards

30. If MYOB provides you with a Reward and subsequently determines that you were not entitled to receive that Reward, then MYOB can elect to either:

a. offset that Reward from one or more future Rewards that become due to you; or

b. require you to repay that Reward to MYOB.

CAP is closed to new members.  Part B applies to existing CAP members only.

Conditions of CAP Membership

1. During your CAP membership, you agree to the following terms and conditions:

a. You warrant that (i) you are currently an accountant in public practice in Australia or New Zealand; and (ii) you have the appropriate skills and knowledge to provide services to purchasers of MYOB products and services. 

b. You agree to undertake further training and professional development as may be deemed appropriate by MYOB.

c. If you fail to attain or maintain the standard of skill or undertake the prescribed professional development required by MYOB, you must not hold yourself out as a CAP member.

d. As a CAP member, you may be granted a license to use MYOB reference software which enables you to open your clients’ company files with the product for which they are currently licensed. Such software is granted to you for reference purposes only. 

e. MYOB reference software is provided to you on the following conditions:

i.      The reference software may only be installed and used at a single place of business registered by you. 

ii.      The reference software is not for retail sale and may not be transferred, assigned or given to any other party. 

f. If your CAP membership is terminated, you must delete all copies of the reference software and destroy all reference software DVDs / USBs (if applicable).

g. When upgrades to the MYOB reference software are provided, the licence for the original software will immediately lapse.

h. You will take all reasonable steps to safeguard the MYOB reference software to ensure that there is no unauthorised copying or distribution of the software.

i.   Any prior licence in respect of reference software (or other ‘not for retail sale’ products) registered to you will lapse upon commencement of your CAP membership, with the exception of MYOB Premier.

j.   Any MYOB AccountRight entitlements provided or purchased by you against your partner serial number are intended for use internally, within your business, and access by clients is strictly prohibited.

k. If you want to use an MYOB product to run your clients’ datafiles, a product subscription will need to be purchased by the client(s). In the case of AccountRight, you also have an option to purchase product subscriptions under the MYOB wholesale model, which allows you to purchase AccountRight subscriptions against individual serial numbers and be billed to your existing MYOB invoice. You may grant your clients access to these subscriptions.

l.   Subject to your compliance with these Terms (including the payment of fees specified by MYOB) and subject to sections 57 ‑ 67 (Termination and suspension), your membership:

i.      shall continue until the end of the financial year in which it was first issued; and

ii.      may be renewed on an annual basis thereafter.

i.      pay any fees specified by MYOB to maintain your membership; andm.    You undertake to:

i.      pay any fees specified by MYOB to maintain your membership; and

ii.      do the following immediately following termination of your membership for any reason: (i) return all MYOB property and materials to MYOB; and (ii) cease holding yourself out as a member of CAP. 

BKP is closed to new members.  Part C applies to existing members only.

Conditions of BKP Membership

1. During your BKP membership, you agree to the following terms and conditions:

a. You warrant that you have the appropriate skills and knowledge to provide bookkeeping services to purchasers of MYOB products and services. 

b. You agree to undertake further training and professional development as may be deemed appropriate by MYOB.

c. If you fail to attain or maintain the standard of skill or undertake the prescribed professional development required by MYOB, you must not hold yourself out as a BKP member.

d. Your BKP membership is granted to you personally. You understand that: no other person, whether in the employ or contracted by you, may (i) represent themselves as a BKP member unless they are endorsed separately by MYOB and comply with these Terms; and (ii) if you wish to involve others in providing services, then all service providers must be endorsed separately by MYOB and comply with these Terms.

e. You may nominate one additional support person to access MYOB technical support. Any changes to your nominated additional support person will only be completed by MYOB upon receipt of either an email, or written notification on registered company letterhead and signed by you.

f.  If you are provided with MYOB reference software, you understand and agree that it:

i. is intended solely for your own use when working with your clients’ data; 

ii. must not be installed on a client’s computer under any circumstances; 

iii. must not be sold, given away, transferred or otherwise disposed of to any third party; and

iv. remains the property of MYOB.

g. Subject to your compliance with these Terms (including the payment of fees specified by MYOB) and subject to sections 57 ‑ 67 (Termination and suspension), your membership:

i. shall continue until the end of the financial year in which it was first issued; and

ii. may be renewed on an annual basis thereafter.

h.    You undertake to:

i. pay any fees specified by MYOB to maintain your membership; and

ii. do the following immediately following termination of your membership for any reason: (i) return all MYOB property and materials to MYOB; and (ii) cease holding yourself out as a member of BKP. 

Conditions of CCP Membership

1. By applying to be an MYOB Certified Consultant and continuing to use that title, you agree to the following terms and conditions:

a. You warrant that you have the appropriate skill and knowledge to provide installation services, training and on-going consulting advice to the purchasers of MYOB products and services.

b. You agree to:  

i. undergo an assessment of your skills prior to becoming an MYOB Certified Consultant; and

ii. undertake further training and professional development as may be deemed appropriate by MYOB.  This further training might include annual re-certification training and assessment.

c. If you fail to attain or maintain the standard of skill or undertake the prescribed professional development required by MYOB, you must not hold yourself out as an MYOB Certified Consultant.

d. Your “MYOB Certified Consultant” designation is granted to you personally. You understand that:

i. no other person, whether in the employ or contracted by you, may represent themselves as an MYOB Certified Consultant unless they are endorsed separately by MYOB and comply with these Terms; and

ii. if you wish to involve others in providing services, then all service providers must be endorsed separately by MYOB and comply with these Terms.

e. MYOB will provide assistance to MYOB Certified Consultants by:

i. convening meetings and seminars from time to time;

ii. distributing appropriate information concerning new product or updates of existing products;

iii. permitting MYOB Certified Consultants to utilise such product trademarks as shall be required to hold themselves out as an “MYOB Certified Consultant” and to publicise the services they provide;

iv.  providing details of the services that they provide to purchasers of MYOB products.

f.  Subject to your compliance with these Terms (including the payment of fees specified by MYOB) and subject to sections 57 ‑ 67 (Termination and suspension), your certification:

i. shall continue for an initial minimum term of 12 months from when it was first issued.

ii. After the minimum term, your certification will automatically renew on a monthly basis, until you terminate in accordance with section 60.

g. You undertake to:

i. pay any fees specified by MYOB to maintain your certification; and

ii. do the following immediately following termination of your certification for any reason:  (i) return all MYOB property and materials to MYOB; and (ii) cease holding yourself out as an MYOB Certified Consultant. 

Eligibility criteria and program membership

1. Unless otherwise permitted by MYOB, interested persons must apply for program membership by completing the form provided. All decisions regarding membership are determined by MYOB in its sole discretion. 

2. MYOB may specify eligibility criteria for program membership. Such criteria will be made available to applicants (e.g. via the Program Website). MYOB reserves the right to waive or amend these criteria as it sees fit. Current members will be notified if they must take further action to meet revised eligibility criteria to continue their membership in the program.

3. Your membership in a program and any associated benefits (including any certification, Status Credits, Rewards or other benefits granted) are not transferrable.

4. You must immediately notify MYOB in writing of any change to the details that you provided in applying for a program membership.  

Undertakings of all MYOB partners

5.  As a partner of MYOB, you undertake to:

a. provide the services required by MYOB purchasers in accordance with best practice;

b. use your best endeavours to completely satisfy all reasonable customer requirements;

c. conduct yourself at all times in a manner which does not demean or damage the reputation of MYOB, its products or services;  

d. provide a positive contribution to MYOB sponsored activities (as applicable); and

e. provide satisfactory answers within 14 days to any complaints made to MYOB concerning the provision of your services and, in the event that MYOB considers the complaint justified, take such action or make such restitution reasonably requested by MYOB.

6. You must conduct your business and perform all of activities and obligations contemplated under these Terms in compliance with all applicable laws and regulations, including privacy law, fair trading laws and spam laws.

Use of MYOB brand

7. Subject to section 43, MYOB grants you a non-exclusive, royalty free, personal, non-transferable and revocable licence for duration of your membership in the term of the relevant program (being the Partner Program, CAP, BKP or CCP) to use the MYOB Marks solely in connection with your participation in the relevant program.

8. You must only use the MYOB Marks:

a. in accordance with any marketing or brand guidelines made available by MYOB to you (including any marketing or brand guidelines that we make available to you); or

b. with the prior written consent of MYOB and in accordance with any other directions from MYOB.

9. You acknowledge and agree that MYOB Group is the sole owner of all rights in and to MYOB’s Marks.  Nothing in these Terms gives you any right, title or interest in or the MYOB Marks or the associated goodwill.  No such right, title or interests have been expressly or by implication assigned or transferred to you by way of these Terms, except for the limited usage rights set out in sections 42 and 43.

10. You must not use, modify, delete, edit, disfigure or otherwise alter any of the MYOB Marks in any way, except where MYOB has provided its prior written consent allowing you to do so.

MYOB Partner search

11. From time to time, we might make an MYOB Partner Search tool available to members of MYOB’s partner programs.

12. Your Partner Profile will be listed by us at our discretion and is subject to your ongoing compliance with these terms.

13. You are responsible for any content that you add to your Partner profile, including making sure that the information is accurate and up to date.  If we choose to list your Partner Profile on our website, the information that you provide will be publicly available.  Do not post any personal information such as phone numbers or contact addresses that you do not want in the public domain.

14. You must not include any content in your Partner profile that is illegal, offensive, misleading, or that otherwise negatively impacts our reputation or the reputation of our products and services. This includes any unauthorised use of copyright or defamatory material, unsolicited advertisements and any material which promotes the products and services of our competitors.

15. We reserve the right, at our sole discretion, to:

a. remove any content or Partner profile that we consider to be in breach of these terms; and

b. modify, suspend or cancel the Partner search tool at any time without notice to you.

16. We are not liable to you for any loss or damage incurred by you as a result of:

a. any changes to, suspension or termination of the Partner Search tool by us;

b. your failure to keep your Partner Profile information accurate and up to date;

c. any unauthorised access to your Partner Profile, arising out of your failure to keep your login credentials secure; or

d. any breach by you of these terms.

Confidentiality

17. For the purpose of these Terms, Confidential Information means any information, data, practices, systems (including computer systems), know-how, techniques and intellectual property relating to a party's business and its customers, suppliers and competitors which is supplied or disclosed by a party (“supplier”) to the other party (“recipient”) other than information, data, practices and techniques:

a. in the possession of the recipient prior to the date of its disclosure to the recipient by the supplier;

b. in the public domain prior to the date of its disclosure to the recipient by the supplier;

c. which has entered the public domain other than as a result of breach of confidence by the recipient; or 

d. supplied to the recipient without restriction by a third party who is under no obligation to the supplier to maintain that information in confidence.

18. All Confidential Information disclosed by the supplier to the recipient or its directors, employees, officers, agents, advisers or contractors ("associates") is disclosed on terms of strict confidence, prohibiting any further disclosure or use not authorised by these Terms.

19. The recipient must:

a. use the same degree of care (not less than a reasonable degree of care) that it would use with respect to its own information of a like nature;

b. take all practicable steps to ensure that Confidential Information is not disclosed to or obtained from it or from its associates by anyone other than persons employed by it or acting on its behalf who are required to have access to the Confidential Information for the performance under these Terms; and

c. not permit unauthorised persons to have access to places where Confidential Information is reproduced or stored.

20. The recipient must use reasonable care to ensure that each of its associates to whom Confidential Information is or has been disclosed ("disclosee") does not disclose or use or assist others to disclose or use any of that Confidential Information contrary to the requirements of sections 47-48 either during or after the termination of the employment, office or agency of the disclosee.

21. If any disclosee breaches its obligations of confidence, the recipient must use its best endeavours to enforce or procure the enforcement of the obligations of non-disclosure against the disclosee.

22. A party may not at any time make or assist any other person to make any unauthorised disclosure or use of any Confidential Information.

23. Nothing in sections 47 to 51 prohibits the disclosure of Confidential Information:

a. to a legal adviser or other person or body acting for a recipient under similar obligations as mentioned in sections 47 to 51, to the extent necessary to enable it to protect or advise upon the rights of a recipient in relation to the business of that recipient or the obligations of that recipient under these Terms;

b. by operation of law or rule of an applicable securities exchange, if the recipient has taken practicable legal steps to prevent the disclosure; or

c. where the Confidential Information is the records or any other personal information of a Customer within the meaning of relevant Privacy Act in respect of which the recipient holds a valid and subsisting customer consent to disclose.

Inappropriate activity

24. Without limiting any other section in these Terms, if MYOB determines (acting reasonably) that you have engaged, or attempted to engage, in any inappropriate activity, MYOB may terminate your participation in any program and take any action it considers necessary.

25. Without limitation, the following conduct may be considered inappropriate activity:

a. applying what could be considered unreasonable pressure on a client or potential client to complete a purchase, in order for you to secure a benefit;

b. encouraging MYOB clients to cancel and then reapply for a product or service (so called ‘churning’); and

c. any other inappropriate method of collecting Status Credits, Rewards or any other benefit.

Tax provisions

26. All Rewards and other benefits are quoted exclusive of any GST, unless expressly stated otherwise. Where applicable, GST will be added at the current rate. 

27. If you are registered for GST and provide MYOB with a taxable supply, you (‘supplier’) and MYOB (‘recipient’) agree the following in relation to tax invoices:

a. The recipient can issue tax invoices in respect of these supplies.

b. The supplier will not issue tax invoices in respect of these supplies.

c. The supplier acknowledges that it is registered for GST when it enters into this agreement.

d. The supplier will notify the recipient if it ceases to be registered for GST.

e. The recipient acknowledges that it is registered for GST when it enters into this agreement.

f.  The recipient will notify the supplier if it ceases to be registered for GST.

g. The recipient will issue the original or a copy of the tax invoice to the supplier within 28 days of making, or determining, the value of the taxable supply.

Termination and suspension

28. MYOB does not guarantee that any program will continue indefinitely or for any particular period of time.  Without limiting any other rights MYOB may have, MYOB reserves the right to discontinue any program or benefits (in whole or part) at any time upon 30 days’ notice to you.

29. If we make a change to these Terms under section 57, then you have the option to terminate the relevant program membership. 

30. Subject to 58 and 62, members of the CCP cannot terminate their membership within the initial minimum term.  After the initial term, you can terminate by providing 30 days written notice.

31. Members of all other programs can terminate a program membership by contacting us at least 10 days before the end of the current period of your membership. If the relevant membership runs indefinitely, you may contact us at any time to request the termination, which will occur 10 days after this contact.

32. During the notice period, you remain liable for any fees (if any) in relation to your membership up to the effective date of termination. 

33. You may also terminate your program membership if we fail to remedy a material breach of these Terms within 30 days of you giving us written notice of the breach. 

34. Below are the situations in which we can suspend or terminate your program membership without prior notice. We will notify you of your suspension or termination as soon as possible.

a. A breach occurs: you fail to remedy a material breach of these Terms within 7 days of us giving you notice of the breach.

b. Unforeseen event: in our opinion, something occurs that renders the ongoing operation of the program substantially unworkable.

c. Regulator / Legal: in our opinion, the actions of a regulator or a change in law or regulation makes the ongoing operation of the program substantially unworkable. 

d. Protect MYOB: we believe this is necessary either to protect the security, integrity or reputation of the program or MYOB.

e. Material change to your business:  we receive notification of a dispute from one or more of the directors or principals of your business; you go into liquidation, administration, insolvency, bankruptcy or such other similar arrangement with creditors, or in our opinion, it is reasonably likely you will do so; or there is a change in who owns or controls your business.

35. We will notify you in writing (which includes by email) of the suspension or termination.  We can reinstate a suspension or termination in our absolute discretion by written notice to you, and this takes effect on receipt or any later time specified in the notice, subject to you meeting any conditions set out in the notice.

36. If you have breached any of these Terms, then MYOB may by notice to you:

a. terminate or suspend your membership in a program;

b. deduct any program benefit from your account;

c. refuse to allocate a program benefit to you;

d. refuse to honour or reclaim any program benefit; or

e. take any other action MYOB considers to be appropriate in the circumstances (acting reasonably).

37. On termination of your membership in a program for any reason, all benefits associated with that program will immediately lapse, unless otherwise agreed by us. 

38. Termination or expiry of these Terms for any reason will not of itself give rise to any liability on the part of MYOB to pay any compensation to you or others, including for loss of profits or goodwill. 

Liability, warranties, representations and indemnities

39. To the extent permitted by law, our liability to you for any non-compliance with a statutory guarantee or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms or any breach by us of these Terms however arising (whether for breach of these Terms, tort (including negligence), statute, custom, law or on any other basis) is limited to the resupply of product or service; or the payment of the cost of resupply of product or service.

40. All representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).

41. We are not responsible or liable to you or your business for any Loss or Claim arising from a failure by us to comply with the Terms for any cause which could not reasonably be controlled or prevented by us.

42. You indemnify us against any Loss or Claim suffered or incurred arising from your negligence, misrepresentation, fraud, breach of law or breach of these Terms.

43. If we caused or contributed to a Loss or Claim, then your liability under section 71 is limited to the amount of the Loss or Claim which is directly attributable to your conduct.

44. If you accept these Terms in Australia, sections 68 to 72 are not intended to have the effect of excluding, restricting or modifying:

a. the application of all or any of the provisions of the Australian Consumer Law (“ACL”); or

b. the exercise of a right conferred by such a provision; or

c. any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

Changes to these Terms

45. MYOB may change these Terms at any time including changes to the list of Eligible Activities, Rewards, the Program Tier Table and the Status Credits Earn Table. 

46. If we make a change to a program or these Terms that is likely to adversely affect your position (including increasing any fees payable under a program): 

a. we will give you at least 30 days’ prior notice  of such change; and

b. you have the option to terminate your membership before such change takes effect by giving us written notice.

Privacy

47.  We collect, disclose and use your Personal Information to provide you with the products and services you have asked for and associated support, respond to your enquiries or feedback and to promote the products and services offered by us and third parties. We may collect, store and use Personal Information from you, from public sources such as social media sites or from third parties, as detailed in the MYOB Group Privacy Policy (Australia) and MYOB Group Privacy Policy (New Zealand) which are available on our website. If you do not provide your Personal Information, it may affect our ability to do business with you.

48. By agreeing to these terms, You consent to us collecting, using and disclosing your Personal Information in accordance with the MYOB Group Privacy Policy (Australia) and MYOB Group Privacy Policy (New Zealand).

49. If you accept these Terms in Australia, you can ask us not to use your information to promote our products and services by following the process outlined in the MYOB Group Privacy Policy (Australia). The MYOB Group Privacy Policy (Australia) contains information on how to:

a. update your preferences about the marketing and promotional material we send to you;

b. request access to and seek correction of the Personal Information we hold about you;

c. make a privacy complaint; and

d. how we will deal with your complaint. 

50. You can contact us about your privacy by email at [email protected] or by post at: Privacy Officer, MYOB Australia Pty Ltd, PO Box 73, Richmond VIC 3121, Victoria

51. If you accept these Terms in New Zealand, please read the MYOB Group Privacy Policy for New Zealand to understand how we handle your Personal Information. You can also ask us not to use your information to promote products and services by contacting the Privacy Officer. You can contact us about your privacy by email at [email protected] or by post at: Privacy Officer, MYOB NZ Limited, c/o Quigg Partners Level 7, 36 Brandon Street, Wellington, 6011

Information about your clients

52. You confirm to MYOB that you have, and will maintain at all relevant times, the authority of your clients:

a. to provide information (including Personal Information) about them to MYOB; and

b. for MYOB to provide information about those clients to you.

53. You confirm that you have recorded your clients’ consent to be contacted by MYOB on an ongoing basis (until they opt out) for the purposes of direct marketing by telephone, electronic message (including email) and other means.

Communication

54. You will agree that all communications between you and us in relation to the programs will be by email, by in-product notification, or by us posting a notification on the MYOB website (myob.com/au or myob.com/nz).

55. Any notice or other communication to or by a party by email is regarded as being given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee’s email address (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee).

56. If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.

57. MYOB may provide a notice or other communication to you by a posting to the MYOB website.  That notice or other communication is regarded as being given by MYOB and received by you when the posting is made to the MYOB website. MYOB recommends that you bookmark and regularly check the MYOB website for notices or other communications.

General

58. Nothing in these Terms shall constitute any appointments of employment or agency by MYOB and save for the specific rights conferred under the Terms, no further special rights or legal relationship shall be bestowed upon either party.

59. Any development, discovery, commercial advantage or intellectual property that arises from your participation in the programs shall remain the property MYOB.

60. If you accept these Terms in Australia then these Terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to these Terms. If you accept these Terms in New Zealand, then these Terms are governed by the laws of New Zealand and the courts of New Zealand have jurisdiction over the parties to these Terms.

61. If any part of these Terms is void, unenforceable or illegal in a certain jurisdiction, that part does not apply in that jurisdiction. However, the remainder of these Terms will continue in operation in that jurisdiction unless to do so would alter the basic agreement between you and MYOB, in which case either party can terminate your participation in the Program at its election.

Definitions 

62. In these Terms, the following definitions apply:

a. Certified Consultants means a consultant that has met the certification requirements of MYOB’s Certified Consultant Program – see Part D.

b. Eligible Activities means the activities published on the relevant Program Website, as varied or updated from time to time.

c. Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic losses.

d. Program Tier has the meaning given in section 5.

e. Program Tier Table means the table published on the relevant Program Website setting out the number of Status Credits which determine your Program Tier, as varied or updated from time to time.

f.  MYOB means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms in New Zealand).

g. MYOB Marks means names, logos and trade marks owned by the MYOB Group, including the name “MYOB” and associated logos.

h. Online Business Relationship means a service relationship with a client – the client invites you into their MYOB subscription.

i.   Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.

j.   Privacy Act means the Privacy Act 1988 (Cth) (if you accept these Terms in Australia) or the Privacy Act 2020 (if you accept these Terms in New Zealand) as updated, amended or replaced from time to time.

k. Program Website has the definition given in section 1.

l.   Rewards has the definition given in section 2.

m.    Status Credits means the points you earn for engaging in an Eligibility Activity and which determine your Program Tier.  

n. Status Credits Earn Table means the table published on the relevant Program Website setting out the number of Status Credits you could earn by engaging in Eligible Activities, as varied or updated from time to time. 

Updated October 2021.