Thanks for using our products and services (Services) provided by Yes Company AU (Yesco Pty Ltd ABN 87662915513) (we, us or our) and our partner service providers including accountants, accounting firms, legal firms and IT solution providers on www.yescompany.com.au, other subdomain of yescompany.com.au or any related websites Websites).

By using our Services, you are agreeing to these terms and conditions of the Websites herein (Terms). Please read them carefully.

Using our services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Several services on our websites, e.g. the ABN registration, business name registration and accounting services (Third Party Services) are provided by our partners. You will be billed either directly by our partners as the service providers or as disbursements shown on our invoices. In this case, we are NOT the service provides of such services but acting as a platform for the partners to provide services to you. We will not charge you on the Third Party Services but our partners may be charged platform services fees in general.

Accounts

To join the Websites as a user, you will need to apply for an account (Account). As part of the Account application process and your continued use of the Websites, you will need to provide personal information and details, such as your email address, first and last name, a secure password, address, contact number, and other information as determined by us from time to time.

You warrant that any information you give to us will always be accurate, honest, correct and up-to-date. Once you complete the Account application process, we may, in our discretion, choose to approve you as a Customer on the Websites.

Your obligations

You acknowledge and agree:

1. that if we have approved your Account, to not share your Account with any other person and that any use of your Account by any other person is prohibited. Please immediately notify us of any unauthorised use of your Account, password or email, (or any other breach or potential breach of the Websites’ security);
2. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
3. not to use the Websites for any purpose other than for using Our Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
4. not to make any automated use of the Websites not to copy, reproduce, translate, adapt, vary or modify the Websites;
5. not to act in any way that may harm our reputation or associated or interested parties or do anything at all contrary to our interests or the Websites; and
6. that we may change any features of the Websites or Our Services at any time without notice to you.

Suspension and cancellation

Without limiting any other provision of the Terms, we may, in our discretion, cancel your Account for any reason, including for any failure by you to comply with the Terms.

Purchase order

You represent and warrant that you:

1. have the legal capacity and attain the sufficient age to enter into a binding contract with us;
2. are authorised to use the payment methods you use including debit or credit card, direct bank transfer and/or other payment gateways; and
3. you intend to enter into a contract with us by submitting an order on the Websites in exchange of the Services provided by us and you provide a payment of the total amount of the orders. To avoid any doubt, a contract is not entered into until your payments have been successfully processed and captured; and
4. understand that we reserve the right to cancel your purchase order for any reason, and you will be notified of this as soon as practical.

In the event that there are any errors or inaccuracy in the price of your purchase order and the Services have not been provided, we will attempt to inform you of this as soon as practical. You may choose to purchase at the correct price of or cancel your purchase orders. If you choose to cancel the orders, you wil be refunded the full amount of the purchase orders you made through your original method of payment if payments were made.

If the Services have been provided and the amounts of your payments are less than the correct amounts, you must pay the balance. Otherwise if you have paid more than the correct amounts, you are entitled to be refunded in accordance with the terms above.

Payment

You acknowledge and agree that you:

1. must make the full payments on or prior to we dispatching the goods for delivery or starting to perform the Services;
2. are not allowed to set off any money alleged to be owing by us against money due by you to us;
3. will be automatically charged in advance of each subscription period for any subscriptions on our Websites;
4. must pay the GST as indicated in the payment amounts and amounts displayed on the pricing pages on the Websites do not include GST unless otherwise specified;
5. will be charged surcharges in the event that payments are made using a credit credit, debit card or other third party payment gateways; and
6. will make payments through third-party payment providers, including Stripe, Paypal and OmiPay for our Services, in addition to the Terms, subject to the terms, conditions and privacy policies of those payment providers for which we are not liable for the security or performance. We reserve the right to correct, or to instruct the payment providers to fix any errors or mistakes during the collection of your payments.

Warranty

You represent and warrant that you own all rights, title, and interest in and to the content you upload or send us images, content, information and materials you share with us or the public (User Content) or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and us, you own all right, title and interest in and to your User Content. You grant us, a royalty-free license to display, host, copy and use your User Content solely to the extent necessary to provide the Service to you.

You further represent and warrant that:

1. the User Content is accurate and true at the time you provided;
2. the User Content does not constitute passing off of any products or services and no unfair competition;
3. the User Content does not contain virus or malicious or harmful code, or otherwise compromise the security or integrity of the Websites and other networks or systems; and
4. any User Content that is your review or feedback is honest, accurate and presents a fair view;
5. the User Content does not infringe any IP rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR);
6. the User Content contains no harmful, discriminatory, defamatory or maliciously false implications, any offensive or explicit material;
7. the User Content does not breach or infringe any applicable laws.

Licence

1. Except as expressly set out in these Terms, all IP rights in and to the Services remain the sole property of us and its licensors. You assign to us any suggestions, ideas, enhancement requests, or other feedback you provide to us relating to the Service or our products and grant to us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any User Content in order for us to use, exploit or otherwise enjoy the benefit of such User Content. We owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
2. In the event it is determined any moral rights (including rights of attribution or integrity) in any User Content, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.

Disclaimers

No advice

Information provided on the Websites, as part of our Services, or by our staff in any correspondence with you through the Websites, email or over the phone is general information only.

The information provided and Services described in the Websites are of a general nature and are not intended to be professional advice of any kind and they should not be relied on as such. You may seek specific financial, legal, tax, accounting or other appropriate advice from a qualified professional to suit your individual circumstances.

Without seeking such advice, you accept the risk that the information provided on the Websites, in the Services or provided by our staff which may not meet the specific needs of your business.

No warranties

While every effort is made to ensure the information on the Websites is up-to-date and correct, we makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, completeness, suitability or availability of the Websites or the information about the Services provided on the Websites.

The information on the Websites is subject to change at any time. We are under no obligation to update any information on the Websites or correct any errors in the information after it is published on the Websites. Any reference on the Websites to historical information and performance of a product or service may not necessarily be a good guide to future performance. You are solely responsible for any actions you take or do not take by relying on such information.

Service limitation

The Websites are made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

• the Websites will be free from errors or defects;
• the Websites will be accessible at all times;
• any information sent through the Websites;
• information you receive or supply through the Websites; or
• any information provided through the Websites.

Security

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Websites. You should take your own precautions to ensure that the process you employ to access the Websites do not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.

Indemnity

You agree to indemnify us and our staff and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

• breach of the Terms of the Websites;
• use of our Services or the Websites;
• that your User Content infringes any third party’s IPR; and
• consequential loss

To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, the Websites, these Terms or their subject matter, or any services provided by you (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

Third party affiliates

We are proud to work with a variety of partners and affiliates (Affiliates) including accounting and tax services provided by third party accounting firms and legal services provided by third party law firms to whom we may refer you in accordance with our Privacy Policy. You may be required to accept additional terms contained their websites.

We may also provide co-branded websites hosted by us, and are operated from time to time either by us or by the Affiliates. Information collected from such websites will be received by us and passed on to Affiliates. To the extent that the websites operated by Affiliates, we will not have control over and make no guarantees about their content or quality, or the information contained on their websites.

Privacy

You agree to be bound by the provisions set out in our Privacy Policy at https://www.yescompany.com.au/privacy/.

Record keeping

To the maximum extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through the website and collected in our system for administration purposes and also hold the right to produce these records for the purpose of criminal prevention and complying with any government body or law enforcement agency in that regard.

English version prevails

If there is any inconsistency between the Terms in English and any of other languages, the Terms are to be read in English which prevail to the extent of the inconsistency.