Membership Terms and Conditions

We’re excited to welcome you to Accounting Innovators – a community of changemakers and trailblazers looking to meet like-minded people, learn, and take action to create a positive impact within accounting firms and across the industry!

These are our membership terms and conditions which govern your access to and interaction with our membership provided via our website https://accountinginnovators.com

1 OUR AGREEEMENT

Who is this agreement between?

This agreement is between you (the person signing up for our membership) and Accounting Innovators Australia Pty Ltd [40 665 575 806] trading as Accounting Innovators (‘we’, ‘us’).

How long will this agreement last?

This agreement will start when it’s accepted by you (and confirmed by us) and will continue unless or until it’s terminated in accordance with this agreement.

Where we say so in this agreement, certain terms will continue to apply once this agreement has been terminated (for example, terms about confidentiality and intellectual property).

How can changes be made to this agreement?

Please ensure that you’ve read these terms and conditions carefully as they can only be waived or varied in writing and signed by both of us.

How can you accept this agreement?

You can accept this agreement by:

a) Proceeding to sign up a membership subscription; or

b) clicking ‘I agree’ or a ticking a box next to those words.

2 WHAT’S INCLUDED

Membership inclusions

We’re pleased to offer you inclusions as part of your membership as set out on our website at https://www.accountinginnovators.com/members at the time of your request to join.

Changes to membership inclusions

We’re always on the lookout for the best opportunities to offer our members. This means that the exact membership inclusions may change from time to time.

If there’s a major reduction of or change to your membership inclusions, we’ll notify you of that change so that you’ll have a reasonable opportunity to cancel your membership before the next billing cycle if you don’t think it’s a good fit for you anymore. To be clear, we won’t notify you of minor changes to or increases in inclusions.

Where membership inclusions relate to discount codes, vouchers, or something that needs to be communicated to you, these will be available in your member portal or will be emailed to you to your nominated email address.

3 FEES

While we’re careful to ensure our website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).

It’s important to understand that when you submit an order for our membership, no agreement is formed with us until we process and accept your order and send you a confirmation.

If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll contact you to discuss your options.

Payment

You agree to pay us the membership fees displayed on our website at checkout. Our prices are listed in Australian dollars (AUD) and include GST, unless we say otherwise.

How you can pay us

We accept payment via the methods set out on our website, which currently include direct debit and credit card facilities, and may change from time to time.

If we accept payment through a third-party processer, this is for your convenience, and you agree to pay any third-party merchant fees or charges notified to you at the time of checkout.

If you make a payment using a third-party processor, you’ve told us that you’ve read and agreed to their terms and conditions. We’re not responsible for any issues, loss or damage arising out of your use of those facilities. If you have an issue with a third – party provider, please contact them directly.

Subscription

If you’ve purchased an ongoing membership with us, you authorise us to debit the sum of your membership on a monthly (or annually, depending on your selection at checkout) recurring basis from your nominated debit or credit card.

Fee changes

Our fees may change from time to time. You agree and acknowledge that we can make changes to our prices by providing you with 28 days’ notice in writing (including via email or on our website).

This will provide you with an opportunity to cancel your membership prior to the next billing cycle if you don’t think it’s a good fit for you anymore.

Refunds

We don’t offer refunds other than in accordance with your rights under the Australian Consumer Law (ACL). To submit an ACL claim, please email us at support@accountinginnovators.com

Discounts

We may offer discounts from time to time. If we do offer a discount, you can only apply one discount at a time. Discounts are available for the time stated, or if no time is stated, 7 days from the date the offer was first made. Unless otherwise stated, the discount is for the first billing cycle only (for example, your first month or year of membership fees).

What happens if you don’t pay us?

If you don’t pay us, we can choose to do one or a combination of the following:

a) suspend or terminate this agreement (including suspending your access to our membership platform);

b) charge interest on outstanding money at a rate of 10% per year from the date you owe us the money until you pay us; or

c) refer the matter to a debt collector or lawyer (you’ll have to pay their costs).

4 OUR PLATFORM

Access

You’re required to sign up for an account with us to access the membership inclusions. To make an account you’ll need to nominate a username and password when prompted.

Once we’ve received your payment and confirmed your purchase, you’ll receive an email with instructions about how to access your membership inclusions within your account.

You’ll have access to your membership inclusions unless or until your membership is terminated, suspended or changes under the terms and conditions.

We may elect to use a different platform to host our membership inclusions at any time. If we do so, we will contact you through the existing platform or by emailing your nominated email address to instruct you on when the change will take place and how to access the new platform.

If you have issues accessing our membership platform or your inclusions, please let us know as soon as possible by contacting our support team at support@accountinginnovators.com

Your conduct

Your membership gives you access to our interactive platform.

At all times, you must comply with our membership guidelines and any reasonable direction we give you relating to your conduct.

You must not post any comment or content that is defamatory, offensive, or otherwise inappropriate, or which might bring us or our membership into disrepute. You must not use our membership to harass, threaten or menace any person or send unsolicited messages.

You must not do anything that is unlawful, commit any breach of another person’s privacy or any other legal rights or interfere with any user. You must not tamper with our website or any Membership content or inclusions (such as by transmitting viruses or other programs).

Other members submissions

You agree to keep all confidential information accessed by you as part of the membership (including submissions by other members) strictly confidential. For the purposes of this clause, confidential information means any information concerning our or another member’s business, finances, technology, personal information, or affairs which are not in the public domain (other than by a breach of this clause).

Your submissions

You warrant that all information that you submit to us is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

If you act in a way something that is offensive, inappropriate, or contradicts this clause (including posting or commenting) we can modify or remove that comment and may suspend or terminate your access to the membership inclusions.

5 OTHER TERMS

We may require you to agree to separate terms and conditions to participate in certain membership inclusions (for example, our platform terms and conditions and events which have separate event-specific terms of entry). We’ll bring these to your attention at the relevant time. If you don’t agree to those separate conditions, you may not be able to enjoy the full benefit of your membership inclusions. If you have any concerns, please contact us.

6 ADVICE AND INFORMATION

All the content in our memberships and on our online platform (including any information, recommendations, resources, instruction, or assistance we give you) is provided for educational and entertainment purposes only.

While we believe our content to be accurate and up to date, we don’t give any warranty of accuracy, appropriateness, or reliability of any content you access through the program.

From time to time, our third-party providers and partners may provide content, including courses on our platform. We don’t give any warranty of accuracy, appropriateness, or reliability of any third-party content you access through the membership.

Any recommendations or instructions given are general in nature and are not intended to constitute or substitute for professional or medical advice. We don’t necessarily endorse the views expressed by third parties. You should seek appropriate professional advice suitable for your personal circumstances if necessary.

7 INTELLECTUAL PROPERTY

Our intellectual property

All membership content is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own, control or have a license to use all intellectual property rights in the platform content.

Where our educational partners have contributed content to our membership platform and licensed us to display it there, the copyright and other intellectual property rights in such content remains the sole property of the educational partner.

You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you. Nothing in this agreement transfers any ownership in educational partners’ intellectual property to you.

Limited licence to use and access our platform

As part of your membership, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use our online content (including content provided by our education partners) in accordance with these terms and any instructions we give you.

We don’t grant you any other rights in relation to our online content. You must not re-use any content for commercial use or share the content with any other person, whether or not for commercial purposes, unless we say so in writing.

We can cancel this license immediately if you breach it or these terms and conditions in any way. The license is automatically cancelled when this agreement ends, except in relation to any intellectual property we have specifically said in writing you can continue to use on an ongoing basis.

In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.

8 WHAT HAPPENS IF WE DISAGREE?

Dispute resolution

If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.

We agree to follow the steps set out in this clause first.

a) First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.

b) Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.

If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.

Mediation

a) If we can’t resolve the issue on our own within 20 business days, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.

b) If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in NSW to appoint a mediator for us.

c) If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in NSW and split the fees of equally between us. We’ll each pay the fees before the mediation starts.

This clause will continue to apply even if this agreement is terminated.

9 CANCELLATION

You can cancel your membership at any time by notifying us in writing. Once you have provided notice, you won’t incur any further charges. You won’t be refunded the portion remaining until the next billing cycle, but you will have access to the membership inclusions until then.

Notice can only be given by emailing us at support@accountinginnovators.com

10 ENDING OUR AGREEMENT

When can we end this agreement?

We may terminate this agreement in the following circumstances:

a) at any time in our sole discretion, on 28 days’ written notice to you;

b) immediately, by giving you notice in writing if a default event occurs as described below; and

c) if you have breached these terms and don’t fix your breach within 7 days of being given notice of your breach.

We will not provide any refund, credit, or other compensation if we terminate this agreement due to your breach.

When can you end this agreement?

You may terminate this agreement with us in the following circumstances:

a) by cancelling your membership in accordance with the cancellation clause of these terms and conditions.

For the purposes of this clause, default event means:

a) you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy;

b) we form the reasonable belief that you have infringed our intellectual property rights, breached any of the conduct, confidentiality or intellectual property clauses, or threatened to do so; and

c) any of the following events occurs: the death, bankruptcy or winding up of a party.

What happens when it ends?

All disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

11 LIABILITY AND INDEMNITY

Limitation of liability

As an ordinary resident of Australia:

a) You’re entitled to guarantees under the Australian Consumer Law. We can’t and won’t change those. We specifically exclude all other guarantees that might apply to our services.

b) We do, however, limit our liability to you for a breach of such a statutory guarantee to the fullest extent possible by law, including by limiting our liability under section 64A of the Australian Consumer Law to:

i. a refund of the defective services; or

ii. providing you with compliant services.

c) We specifically exclude all other liability to you (except for breach of a statutory guarantee referred to above), including liability for negligence.

Customers outside of Australia

a) We warrant that we have taken reasonable care in preparing our products and services and have used reasonable skill and expertise in ensuring that our products and services are accurate and up to date to the best of our knowledge.

b) We don’t warrant our products or services will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

c) Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the product, whichever is less.

d) By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.

e) We specifically exclude liability for negligence.

12 THIRD PARTY PARTNERS

We make our membership available to you, at your own risk. Everything in our content is provided ‘as is’.

From time to time, our memberships may include access to discounts, educational content, and benefits with third-party providers. We make these available to you ‘as is’ and are not responsible for the delivery of the services by a third-party provider. It’s up to you to investigate the suitability of any activity, promotion, good or service offered by a third-party provider.

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on our content or third-party content or goods or services accessed via our online platform, unless otherwise required by law.

13 GENERAL

a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.

b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.

c) This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.

d) If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.

e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

f) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.

g) The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.

h) Notices

i. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:

ii. delivered personally;

iii. posted to their address, when it will be treated as having been received on the second business day after posting; or

iv. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

i) Interpretation

i. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.

ii. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

iii. Headings are just for convenience, not for interpretation.

iv. Grammatical forms of defined words or phrases have corresponding meanings;

v. Dates and times set out in this agreement are in reference to Sydney, New South Wales, Australia;

vi. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;

vii. References to a party are intended to bind their executors, administrators and permitted transferees; and

viii. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

j) Definitions

i. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

ii. Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.

Last updated 19/11/2023.