Terms Of Use

ACCEPTANCE OF BUSINESS Q&A SERVICE TERMS: 1. SUPPLY OF SERVICE 1.1 MAUS reserves the right to alter the Service from time to time. Changes to the Service will be advised on the MAUS Website. 1.2 The Customer may use the Service only through the Designated User. The Customer may not change the Designated User without the prior written consent of MAUS (which will not be unreasonably withheld). 1.3 MAUS reserves the right to refuse to answer any question which it believes was not submitted by the Designated User or falls outside of the scope of the Service. 1.4 The Customer will ensure that none of its employees, other than the Designated User, attempt to use the Service unless a multi-user licence has been purchased. 2. LIMITS OF SERVICE 2.1 During the term of this Agreement, the Designated User may submit a Reasonable Number (as defined in Clause 4) of Appropriate Questions (as defined in clause 3) to MAUS via the Service. 2.2 MAUS reserves the right to decline to answer questions (including Appropriate Questions) at its absolute discretion. Any such decision by MAUS is final and not open for review. 2.3 MAUS reserves the right to ask the Designated User to resubmit to MAUS, as separate questions, any question submitted by the Designated User which is determined by MAUS (in its absolute discretion) to be comprised of a number of questions. 2.4 Subject to clause 8 below, MAUS will endeavour to: a. respond to selected Appropriate Questions (which may be by way of a request for further information) within 1 to 2 Business Days of the date of receipt of the question; and b. where a final answer is to be provided, this will normally be provided within 2 to 3 Business Days of the date of receipt of the question provided that if a question is not received by 3.00pm on a day when banks in Western Australia are open for business ("Business Day") it will be taken to be received on the next Business Day. 2.5 The time periods referred to in subclause 2.3 are estimates only and MAUS will not be liable to the Customer or to any third party if these estimated time periods are not met. 2.6 Where MAUS provides to the Customer any answer to a question submitted by the Customer, that answer will be a final response to the Customer's question. MAUS reserves the right to refuse to communicate further with the Customer in relation to any answer forwarded by MAUS to the Customer. 3. APPROPRIATE QUESTIONS 3.1 MAUS reserves the right to determine in its absolute discretion what constitutes an Appropriate Question. 3.2 MAUS is likely to determine that a question is NOT an Appropriate Question if the question: a. requires advice or opinions on a specific fact situation; b. concerns a situation where a regulator (such as the Australian Taxation Office) may become involved because of the possible application of Part IVA; c. calls for a recommendation as to a particular course of action; d. requires a knowledge of background facts or underlying structure and legal relationships; or e. is not a single question. 3.3 All questions submitted through the Service must be submitted using the question template on the MAUS Website and must disclose all material facts. All information set out in each question must be accurate and complete. MAUS reserves the right to request further information prior to submission of an answer, but is under no obligation to do so. 3.4 MAUS reserves the right to edit and censor questions submitted to the Service. 4. REASONABLE NUMBER 4.1 MAUS reserves the right to determine at its absolute discretion what constitutes a reasonable number of questions to be submitted by the Customer to MAUS for the subscription period. 4.2 MAUS is likely to determine that the Customer has submitted more than a Reasonable Number of questions if: a. The Customer submits an average of more than one question per Business Day over an extended period; or b. The Customer submits a large number of questions in a short period of time. 4.3 In the event the Customer submits more than a Reasonable Number of questions MAUS will be entitled, at its option, to either: a. require the Customer to pay to MAUS a High User Charge; or b. terminate this Agreement by written notice to the Customer. 5. PUBLICATION OF CASE STUDIES MAUS reserves the right to publish in print and electronic format, any questions and answers provided by either party in the course of the Service. Before publishing such material MAUS will use its best endeavours to remove all identifying factors with the aim of preserving confidentiality. 6. TERM AND TERMINATION 6.1 MAUS is entitled to terminate this Agreement by written notice, without prejudice to any other rights it may have against the Customer, if the Customer defaults in its performance of any obligation under this Agreement and, where the default is capable of being remedied, it continues unremedied for 7 days after written notice specifying the breach and requiring remedy is given by MAUS to the Customer. 6.2 MAUS is entitled to terminate this Agreement immediately upon written notice to the Customer, if MAUS reasonably forms the view that the Customer has permitted any person other than a Designated User to have access to the Service. 7. LIABILITY 7.1 The Customer acknowledges that, because of the nature of the Internet and the third party dependencies, MAUS does not warrant that the provision of the Services or any part of them will be continuous, uninterrupted or error free. From time to time, the MAUS Website may not be available due to upgrades or maintenance. 7.2 In no event will MAUS be liable to the Customer or any other person for any remote, indirect, consequential, special or incidental damages, including without limitation, damages resulting from loss of data, loss of profit or business interruption. This limitation will apply even if MAUS has been advised of the possibility of such damages. 7.3 Without limiting any other provisions of this Agreement, MAUS will not be liable to the Customer or any third party for damage directly or indirectly caused to computer files through use of the MAUS Website. 7.4 All answers and other information provided by MAUS to the Customer pursuant to this Agreement are subject to the following disclaimer: "No person should rely on any answer or other information provided by MAUS without first obtaining advice from an appropriately qualified professional person. Answers and other information are provided to the Customer on the basis that: a. MAUS is not responsible for the results of any actions taken on the basis of information contained in answers or otherwise provided by MAUS, nor for any error or omission from such information; b. MAUS is not engaged in rendering legal, accounting or other professional advice or services; and c. MAUS expressly disclaims all and any liability to any person, whether or not the Customer, in respect of anything and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of answers or other information provided by MAUS." 8. IMPLIED TERMS & LIMITATIONS 8.1 To the extent permitted by law, MAUS specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this Agreement, including, without limitation, any warranty that the Services provided under this Agreement are fit for a particular purpose. The Customer acknowledges that it has exercised and relied upon its own skill in determining whether the Services provided under this Agreement meet its particular requirements, and that it has not relied on any statement or representation made on behalf of MAUS or by MAUS. 8.2 Where the law implies any term in this Agreement, which cannot be by law excluded, then that term is included in this Agreement. MAUS's liability arising under or in relation to this Agreement (whether in contract, tort or otherwise) and including under any term implied into this Agreement, will be limited, at MAUS's option, to one of supplying of those services again, or the reasonable cost of supplying those services again. 8.3 Without limiting the effect of any other provision of this Agreement, the parties agree that the total liability of MAUS to the Customer arising in any circumstances, and whether under this Agreement or otherwise, will be limited to the amount of the Subscription Fee paid under this Agreement. 9. MAUS CONTENT Each part of the MAUS Website and all communications from MAUS as part of the Services ("MAUS Content") are protected by copyright unless otherwise indicated. MAUS reserves all rights. The Customer agrees not to copy, reproduce, alter, adapt, modify, translate, create relative works, transmit, storing electronic or other media or otherwise deal with the MAUS Content, including each part of the MAUS Content, except where expressly permitted to do so by MAUS. 10. SYSTEM INTEGRITY The Customer agrees not to interfere with the proper working of the MAUS Website. The Customer agrees not to do anything that imposes an unreasonable or disproportionately large load on the MAUS Website infrastructure. 11. YOUR PRIVACY MAUS's privacy policy governs the way MAUS may use the Customer's information. MAUS's privacy policy may be viewed at the MAUS Website at http://www.maus.com.au/form/privacy_policy.asp 12. THIRD PARTIES 12.1 In the event that answers and information provided by MAUS are used by the Customer in advising its clients, the Customer uses this information at the Customer's own risk. The Customer agrees that it will not forward information and answers provided by MAUS to any third party. 12.2 The Customer indemnifies MAUS against any loss, action, proceedings, costs, claims and damages which may be caused directly or indirectly by: a. any breach by the Customer of its obligations under this Agreement; or b. reliance by any third party on any advice given by the Customer, which was derived directly or indirectly from any information (including answers) obtained from MAUS. 13. CUSTOMER ACKNOWLEDGEMENT The Customer acknowledges and agrees that MAUS does not provide tax, legal, accounting or investment advice as a part of a professional advisory business and the Customer will not make any representation to the contrary. 14. GENERAL 14.1 In this Agreement unless the context otherwise requires references to clauses are to clauses of this Agreement, the singular includes the plural and vice versa, where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning, and a reference to any statute, includes any amendment, consolidation, modification, enactment or reprint of it or any statute replacing it. 14.2 The MAUS Website is operated and controlled in Australia. The validity, interpretation and performance of this Agreement will be governed by the law of the State of Western Australia and of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of Western Australia and of the Commonwealth of Australia in respect of any dispute that arises in connection with this Agreement. 14.3 A notice or other communication required or permitted to be given by a party to another must be in writing and delivered personally, sent by post, postage pre-paid, or sent by facsimile transmission to that party from time to time. A notice or other communication will be taken, for the purposes of this Agreement, to have been given if: personally delivered, upon delivery; mailed on the expiration of 3 business days after posting; or sent by facsimile transmission, on the day sent (or, if that is not a business day, on the next business day). 14.4 The Customer may not assign, sub-license or otherwise transfer the benefit of this Agreement without the prior written consent of MAUS. 14.5 If the Customer is in breach of its obligations under any other contract entered into with MAUS, then MAUS is entitled to withhold performance of any of its obligations under this Agreement and any other contract which MAUS has with the Customer until the breach has been remedied. MAUS will not be liable for any damages or loss (consequential or otherwise) sustained by the Customer as a consequence of the exercise of MAUS's rights pursuant to this clause. 14.6 The Customer agrees that the terms and conditions of this Agreement are for the benefit of MAUS and each of its employees, agents and contractors and are enforceable at the suit of any such person. 14.7 No failure or omission by either party to perform or observe the terms and condition of this Agreement will, except in relation to obligations to make payments under it: a. give rise to any right of action or claim against the defaulting party; or b. be treated for any purpose as a breach of this Agreement; if such failure or omission arises from any cause reasonably beyond the control of that party. 14.8 The parties agree that clauses 5, 7, 8, 9, 11, 12, 13 and 14, will survive termination of this Agreement and continue in force.  I have read & accept the above terms of use.