TERMS AND CONDITIONS

EmpFox Accounting Pty Ltd (“Us” or “We”) offers the empfox.com.au site and several related services (collectively, the “site”) to you, the user, subject to your agreement with all the terms and conditions contained herein (the “Terms of Use”), together with any other written agreement between us and you. Furthermore, when using certain services on this site, users shall be subject to any posted rules related to such services or materials that may contain terms and conditions in addition to those present here. All such rules are hereby assimilated by reference into these Terms of Use.

These Terms of Use are effective as of 01st of June 2017.

  • We explicitly reserve the right to make changes to these Terms of Use from time to time without prior notice to you.
  • You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications.
  • Your continuous use of this site after such modifications will imply acknowledgement of the revised Terms of Use and agreement to abide by the modified Terms of Use.
  • As included in these Terms of Use, references to our “Affiliates” include our owners, holdings, affiliated companies, partners, directors, officers, suppliers, sponsors, and advertisers, and includes (without limitation) all parties involved in creating and producing this site and its contents.

2. Description of Services

  • We offer various services on this site including, but not limited to, details about our Accounting & Bookkeeping Services.
  • You are responsible for making available, at your cost, all tools required to use the services, including a computer, modem, and Internet access as well as payment of all fees related with such access.
  • We reserve the exclusive right to either amend or terminate the site, together with any features present on the site, at any time with or without prior notice to you.We will not be responsible to you or any third party should we implement such right.
  • Any new features that enhance the current services on this website shall also be subject to these Terms of Use.

3. Conduct on Site

Your use of the site is bound by all pertinent laws and regulations, and you are solely responsible for the substance of your communication through the site. By posting information in or otherwise using any communications service, chat room, message board, software library, newsgroup or other interactive service provided on or through this site, you agree that you will not share, upload, post, or otherwise distribute or facilitate distribution of any content including communication, text, software, images, data, or other information — that:

a. is illegal, abusive, threatening, harassing, defamatory, libelous, invasive of another’s privacy, contains graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or hostile nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimizes, degrades, or intimidates an individual or group of individuals on the basis of ethnicity,gender, race, religion, sexual orientation, age, or disability;

c. infringes on any copyright, right of publicity, patent, trademark or other proprietary right of any party;

d. constitutes unlawful or unsolicited advertising, junk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of gambling;

e. contains software malwares or any other computer code, files, or programs that are designed or envisioned to disturb, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to obtain unapproved access to any information of any third party; or

f. impersonates any individual or entity, involving any of our employees or representatives. We neither endorse nor assume any responsibility for the contents of any material uploaded by third party users of the site. We normally do not monitor, pre-screen or edit the content posted by users of chat rooms, newsgroups, communication services, message boards, software libraries, or other interactive services that may be available on this site.

However, we and our agents have the right to remove any content that, in our judgment, does not conform to these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in eliminating such content. You hereby agree to such removal and waive any claim against us arising as a result of such removal of content. See “Use of Your Materials” below for anexplanation of the procedures to be followed in the event that any party believes that content posted on this site violates any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unlawful access to another network or server. Not all areas of the site may be accessible to you or other approved users of the site. You shall not inhibit anyone else’s use and enjoyment of the website. Users who breach systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our judgment, terminate your account, membership or other connection with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will work together fully with investigations of violations of systems or network security at other sites, including working together with law enforcement authorities in probing suspected criminal violations.

4. Third Party Sites and Information

This site may connect you to other websites or otherwise include references to documents, software, materials andservices offered by other parties. These sites may contain materials that some individuals may find inappropriate or unpleasant.

These other sites and parties are not under our authority, and you acknowledge that we are not liable for the correctness, copyright conformity, legitimacy, civility, or any other aspect of the content of such sites, nor are we liable for errors in any references to other parties or their products and services.

5. Intellectual Property Information

All Rights Reserved. For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you agree that all content presented to you on this site is protected by copyrights, trademarks, patents or other proprietary rights and laws, and is the exclusive property of EmpFox’s Bookkeeping Services.

  • You are only permitted to use the content as specifically authorized by us or the content provider. Except for a single copy made for personal use only, you may not replicate, adjust, republish, upload, post, or distribute any information from this site in any form or by any means without a written permission from us or the content provider, and you are to obtain a written permission before using any copyrighted material that is available on this site again.
  • Any unauthorized use of the materials present on this site may infringe copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of materials displayed on, or obtained through, this website will not violate the rights of third parties.
  • The following are registered trademarks, trademarks or service marks of EmpFox Accounting Pty Ltd or its Affiliates: EmpFox’s logo. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of EmpFox Accounting Pty Ltd or its Affiliates. All other trademarks or service marks are property of their respective owners. No clause in these Terms of Use grants you any privilege to use any trademark, service mark, logo, and/or the name of EmpFox Accounting Pty Ltd.

6. Unauthorized Use of Materials

Subject to our Privacy Policy, any information or material that you transmit to this site or to us, whether by any means, for any reason, will be treated as non-confidential and non-proprietary. While you maintain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive right to copy, distribute, modify, publish, translate, adapt, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

7. Disclaimer of Warranties

We do not make any guarantee or representation to the effect that your experience of using the EmpFox Accounting Pty Ltd website will be free of interruptions, errors, security breaches, time lapses or delays. We cannot guarantee that whatevercontent, material and services contained herein will be completely reliable or accurate.By making use of the service, you indicate that you are aware of our right suspend or cancel the service at our discretion and without notice to you. You also agree that the entirety of your use or non-use of the service occurs solely at your risk.Except expressly stated by us, the service and all products or services derived therein are made available strictly on an ‘as is’ and ‘as available’ basis with no implicit or explicit representation, warranties or conditions whatsoever regarding durability, fitness for purpose, merchantability, merchantable quality, non-infringement and title.

Under no circumstances will EmpFox Accounting Pty Ltd website, our representatives, staff, affiliates, suppliers, contractors, service providers or agents, hold liability for any kind of loss, claims, injury, or damages whether direct, indirect, special, punitive or consequential, resulting from but not limited to, lost profits, lost savings, lost revenue, data loss, and replacement costs, or any comparable damages, whether based in contract, tort (including negligence), strict liability or otherwise, resulting from your use of the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in the Service content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. We cannot guarantee that the quality of any products and services you obtained from us will meet your anticipations or be error-free.This site could include technical errors or mistakes, inaccuracies or typographical errors. We reserve the right to make changesto the products and services offered herein at any time, including the prices and descriptions of any products listed herein. The materials or services at this site may be out of date, and we make no commitment to update such materials or services. If you use the Service, or you download or otherwise acquire material through this site, you do so at your own discretion and risk, and with the knowledge and agreement that any damage to your computer system or loss of data that may result from such activities is your sole responsibility. Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You know and agree that any transactions relating to merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are made solely between the seller or purchaser of such merchandize and services and you. We offer no warrantyin respect to such transactions or interactions carried out through, or in connection with this site, and you understand and agree that you carry out any kind of interaction and transaction with other users at your sole risk. Any warrantyoffered with respect to any products, services, materials, or information available on or through EmpFox Accounting Pty Ltd website from a third party is provided solely by such third party, and not by us or any of our affiliates.

Content available through this site may often represent the judgments and views of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the veracity, trustworthiness or timeliness of any opinion, advice, or statement made by anyone other than an authorized EmpFox Accounting Pty Ltd spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

By using the EmpFox Accounting Pty Ltd website, you recognize and agree that interruptions of the services available through the site may occur regularly. You further recognize and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You have the knowledge and agreement that any services you may access on this site are available on a strict “AS IS” basis, and that we cannot be held liable for non-timeliness, deletion, mis-delivery or failure to store user communications or customization settings. In states or jurisdictions that do not permit exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum legally permissibleextent.

8. Limitation of Liability

Under no circumstrances will EmpFox Accounting Pty Ltd or our affiliates be liable to you or any third party for special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including but not limited to, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. We also accept no liability whatsoever for any third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including but not limited to order processing. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

9. Indemnification

Upon a request by us, you agree to indemnify, defend and hold harmless EmpFox Accounting Pty Ltd website and our subsidiaries, affiliates, partners, staff, directors, contractors, licensors, and service providers from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they include by reference, or your violation of any law or the rights of a third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Participation in Promotions

Advertisements by third parties may be placed on this website. Consequently, it may be possible to participate in their promotions or otherwise interact and correspond with third party advertisers on this website. All such communication or promotions, including delivery of and the payment for goods and services, and any other warranties, terms, conditions, or representations associated with such correspondence or promotions, is carried between you and the advertiser only. We assume no implied or stated liability, obligation or responsibility for any part of any such correspondence or promotion.

11. E-mail, Messaging, and Blogging

We may avail users of email, messaging or blogging (collectively, “Communications”) functions, directly or through a third-party provider. In such event, we make available unique supplemental agreements defining the interaction between you and us that, except stated otherwise, includes these Terms.

Under no circumstances will weexamine or disclose any private Communications except with the express consent of the sender or the recipient, or if requested under the provisions of the Electronic Communications Privacy Act, or as other required by law enforcement agencies or by court or governmental order. Further information is available in our Privacy Policy. We may employ automatic monitoring systems or techniques to detect and prevent unsolicited communications (also known as “spam”) and/or other electronic communications that we deem out of line with our business interests. Such systems are not foolproof, and as such we can accept no liability in the event that legitimate communication is blocked, or unsolicited communication is not blocked.

In the event that you exceed the maximum permitted storage space on your email box, any email messages over the limit may be blocked or deleted. We accept no liability, whether stated or implied, for such deleted or blocked messages.

12. International Use

Although EmpFox’s Bookkeeping Services website may be available in locations outside the United States, we make no claim, whether implicit or explicit that the content on this website will be suitable or accessible for use in such locations. We do not accept any liability that comes as a result of accessing the site from locations where the content is prohibited or illegal.In the event that users access EmpFox Accounting Pty Ltd website from locations where such action is illegal, such users do so at their own risk. All offers, products, services and/or information on this website become void when accessed from locations where it is prohibited.

13. Severability

If any of the provisions in these Terms of Service are determined to be unlawful, void or unenforceable, these provisionswill remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be removed from these Terms of Service. This will in no way affect the validity and enforceability of any other remaining provisions.

14. Termination of Use

By making use of the Service, you assent that at our sole discretion, your access to all or part of the site may be terminated or suspend with or without notice and for any reason, including but not limited to breach of these Terms of Use. If we suspect you of any fraudulent, abusive or otherwise illegal activity, this may be grounds for terminating your access to the Service, and we may refer the matter to law enforcement.

If your account is terminated or suspended for whatever reason, your access to the Service ends immediately, and we may immediately deactivate or delete your account and all related information and files therein, and/or prohibit any further access to such files on this site. We hold no liability to you or any third party with respect to any claims or damages arising from termination or suspension, or any other actions taken by us in connection with such termination or suspension.

15. Governing Law

This site (excluding any linked sites) is controlled by us from our offices in Sydney, Australia. It can be accessed from all states, as well as from other countries around the world. By accessing EmpFox Accounting Pty Ltd website, you agree that that the statutes and laws of the state, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to your use of this site and the purchase of products and services available through this site. You hereby agree and submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the States of Australia with respect to such matters.

16. Notices

All notices to a party shall be made in writing either by email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@marksbookkeeping.com, if by email, or at EmpFox Accounting Pty Ltd, 69, Yating Avenue, Schofields, NSW 2762, Australia. if by conventional mail. We may send you notices or messages through the siteinforming you of changes to the site or other matters of importance, and such messages shall constitute notice to you at the time of sending.

17. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be changed, modified or added to by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, except with our express written permission. If it happens that anything displayed or affiliated in any way with this site comes in conflict or inconsistent with these Terms of Use, these Terms of Use will take precedence.

18. Changes

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to EmpFox Accounting Pty Ltd website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney’s fees. In the event of any Cause of action by you against us or our affiliates, it must be instituted within one calendar year after the cause of action arises, or it will be deemed perpetually waived and barred.You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We reserve the right to assign our rights and obligations as we see fit under these Terms of Use.You agree not to sell, resell, share, reproduce, transmit, duplicate, broadcast, copy or otherwise use for any commercial purposes any portion of this site, or use of or access tothis site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. In the event that we do not enforce any item in these Terms of Use or related rights, this will not constitute a waiver of that right or provision

20. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by EmpFox’s Bookkeeping Services located at 69, Yating Avenue, Schofields, NSW 2762, Australia. Our telephone number is (1300 784 023. If you notice that any user is violating these Terms of Use, please contact us at email@empfox.com.au.

When accessing our Website, EmpFox’s Bookkeeping Services will learn information about you during your visit.

If you visit our site to read or download information on our pages, we collect and store only the following information about you:

  1. The name of the domain from which you access the Internet
  2. The date and time you access our site
  3. The Internet address of the website you used to link directly to our site.
  4. Email address