Last updated on August 22nd, 2021 at 03:19 am
Welcome to www.officiency.com.au (the ‘Website’). The Website is owned and operated by Officiency, ABN 76 516 486 638, (the ‘Business’).
The Website includes and offers an online platform providing the user to browse, coaches, purchase and participate in our online programs (the ‘Services’).
Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
Through the Services you may be provided or participate in our online coaching programs that allows you to have access to a series of written content, videos, tools, and templates which provides skills, knowledge, and technic to provide more efficiency in our business.
Officiency reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Please revisit this page occasionally to check for updates.
The Business offers the following Services to you:
2.1. Accounting software training
2.2. Bookkeeping
2.3. Administrative services
2.4. Workspace organisation
For further information you may review the full Services available in our Website user interface.
Upon the Business providing you the above service, you agree and acknowledge that all amounts are listed in AUS dollar (the Business is not registered for GST).
The Business does not provide any guarantees whatsoever, whether expressed or implied, with respect to the success of the Services or of the product programs.
You shall remain solely responsible for assessing the risks of using the Services.
The Business relationship between you or these Terms does not create a relationship of employment, agency partnership or any other relationships between the parties.
The Business had entered in these Term in reliance on the representation’s acknowledgments, and warranties, given by you, in accordance with these Terms.
All payments in the course of your use of the Services will be made using Electronic Funds Transfer (‘EFT ‘) upon submission of an invoice.
In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Terms.
You acknowledge and agree that,
(i) where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including but not limited to, banking fees and charges, late payment fees, interest, debt collection and legal fees associated with the Services Fee.
(ii) you are liable for payment of all surcharges and payment processing fees associated with the Services Fee as stipulated on our invoices.
(iii) the Business can vary the Services Fee at any time.
We may utilise PayPal, credit card or other third-party provider (the ‘Third-party payment providers’). The Business may, if offered, also take upon payment in relation to our Third-party payment providers.
Should this option be provided you acknowledge and agree that you have read, accepted, and understood the Terms and conditions and Privacy policy of all these Third-parties payments providers, and you release the business from all claims, liability, damage, costs, expenses in respect to these Third-party payment providers.
The Business will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of the Business makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’), as outlined in our clause 5 bellow.
Rescheduling
Where circumstances beyond our control, including but not limited to, technical problems, and system failure, prevents us to perform our obligations under this Agreement, then we will:
(i) notify you as soon as reasonably practicable,
(ii) reschedule the Services,
(iii) if The Business is unable to or elect not to reschedule the Service, then we will refund the Service fee for Services not provided. Where only part of the Services not provided, partial /prorated refund will be applied at the sole discretion of the Business.
Cancellation by the user
You may cancel Services, by providing the Business a notice in writting within two days prior to Service scheduled date. The Business will,
(i) for a singular Services cancelled, refund the Service fee. Where part of the Services already provided, partial /prorated refund will be applied at the sole discretion of the Business.
(ii) for subscriptions, monthly ongoing services and value packages cancelled, no refund will be applied in the month of cancellation.
(iii) no refund will be applied for cancellation of less than 2 days prior to Service scheduled date.
Cancellation by the Business
Where the Business is unable to continue to provide the Services or if the manager of the Business makes a decision to cancel the service. The Business will,
(i) for a singular Services cancelled, refund the Service fee. Where part of the Services already provided, partial /prorated refund will be applied at the sole discretion of the Business.
(ii) for subscriptions, monthly ongoing services and value packages cancelled, no refund will be applied in the month of cancellation.
Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Officiency as set out below.
(b) If you want to terminate the Terms, you may do so by providing Officiency with 2 days days’ notice of your intention to terminate in writing.
(c) Officiency may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Officiency is required to do so by law;
(iii) the provision of the Services to you by Officiency is, in the opinion of Officiency, no longer commercially viable.
The business reserves the right to provide you at their sole discretion any of the following: credit, refund, resupply.
Officiency will not be liable or in breach of this agreement if we are unable to perform our obligations under this Agreement because of a Force Majeure Event including but not limited to pandemic, war, terrorism, riot, strike, lockdown, earthquake, flood, fire, energy blackout, or any other event beyond our control.
(i) We will notify you as soon as reasonably practicable after the Force Majeure Event arises.
(ii) You are not excused from any obligation to pay money because of a Force Majeure Event.
(a) The Website, the Services and all of the related products of Officiency are subject to copyright. The material on the Website and Services is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Officiency or its contributors.
(b) Officiency retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(c) You may not, without the prior written permission of Officiency and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
The success of the services may not be to your standards,. The Services are not financial, legal, or any other professional advise and should be utilised as a general guide.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) Officiency will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Officiency make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Officiency) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Officiency; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(a) Officiency’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. It is no more than the actual resupply or refund of the service, or a package that the Business is providing to you.
(b) You expressly understand and agree that Officiency, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You agree to indemnify Officiency, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
(i) Within 7 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 7 days days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by VSBC;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Officiency is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.