Terms and conditions
Limitation of Liability
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MYOB shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material available on the MYOB website.
Although rigorous protocols are applied to the MYOB website, MYOB, does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
MYOB does not accept any liability for any losses or claims arising from any inability to access the MYOB website.
Disclaimer
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The material and information contained in the MYOB website including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips may contain inaccuracies and typographical errors. MYOB does not warrant the accuracy or completeness of the materials or information or the reliability of any advice, opinion, statement or other information displayed or distributed through the MYOB website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. MYOB reserves the right in its sole discretion to correct any errors or omissions in any portion of the MYOB website.
The MYOB website, the information and material on the MYOB website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title.
MYOB does not make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the MYOB website
MYOB shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
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Indemnity and Waiver
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You hereby agree to indemnify and keep indemnified MYOB its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the information and material posted on the MYOB web site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the MYOB website, your connection to the MYOB website or your violation of any third party rights.
Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the MYOB website is done at your own discretion and risk and that you waive any right to bring any claim or action against MYOB or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from your access to or use of the MYOB website.
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No unlawful or prohibited use
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You hereby acknowledge and warrant to MYOB that you will not use the MYOB website for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the MYOB website in any manner which would damage, disable, overburden or impair the MYOB website or interfere with any other party's use and enjoyment of the MYOB website and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the MYOB web site.
You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the MYOB website that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination.
You hereby agree to indemnify and keep indemnified MYOB its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the MYOB web site.
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Assignment
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MYOB reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
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Modifications to MYOB website
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MYOB reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the MYOB website (or a part thereof) with or without notice. You agree that MYOB shall not be liable to you or any third party for any modification, suspension or discontinuance of the MYOB website. MYOB shall not be liable to you or any third party should MYOB exercise its right to modify or discontinue the MYOB website.
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Entire Agreement
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This Agreement constitutes the entire Agreement between you and MYOB and superceeds any prior agreements, arrangements, statements and understandings between MYOB and you.
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Waiver
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A waiver by MYOB of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of MYOB to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
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Invalidity
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If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
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Dissatisfaction
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If you are dissatisfied with the MYOB website or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the MYOB website.
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Governing Law
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This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.