Welcome to www.djcaccounting.com.au (the Website). Throughout the Website, the terms “we”, “us” and “our” refers to the owner of the Website, namely DJC Accounting Pty Ltd (ABN 67 149 046 104) (DJC).

We offer the Website, including the purchase of goods and services, all information and tools available from the Website to you, the user, conditional upon your acceptance of these Terms and Conditions, and any other policies contained elsewhere on the Website (collectively the Terms of Use).

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms of Use. If you do not agree with the Terms of Use, you must cease usage of the Website immediately.

We may modify the Terms of Use at any time and any such modifications shall be deemed effective immediately upon posting on the Website. Your continued use of the Website shall constitute your acceptance of the modified Terms of Use and as such, you should visit this page periodically to review the Terms of Use.

1. General Information
The content on the Website gives general information about the services provided by DJC. Any views expressed are the views or opinions of DJC and we do not guarantee that any information provided is up to date or error free.

2. Accuracy of Information
While we use all reasonable efforts to ensure that all of the information on the Website (Information) is accurate and up to date, the Information may become out of date from time to time. We do not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information. The Information may contain inaccuracies or typographical errors.

3. Liability
Your use of the Website is at your own risk. To the fullest extent permitted by law, we disclaim all warranties. We assume no liability or responsibility for, nor make any warranties or representations, as to the accuracy, validity, reliability, completeness or timeliness of any Information on the Website.

In no event shall we, or any of our affiliates or any other party involved in creating, producing or delivering the Website, be liable for any damages (including without limitation, direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of, or inability to access or use the Website, or any errors or omissions in the Website’s Information, content or functionality.

To the fullest extent permitted by law, we shall further not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the purchase or download or use of an E-Book from the Website.

All users access and use the Website and its content at their own risk.

4. Pricing
Prices are in Australian dollars unless otherwise indicated and are GST inclusive. Pricing is subject to change without notice. Sales to overseas destinations are GST-free and are  shown during checkout and on your invoice.

5. Website Orders
Subject to these Terms of Use, you may purchase any goods and services itemised on the Website, including but not limited to electronic books (E-Book), for the price specified on the Website.

You order must contain the order information specified on the Website, including your name, email address and relevant payment details. We are not liable for any orders that go missing due to incorrect delivery information provided by you.

Title in any goods (where applicable) does not pass to you until payment has been received.

Risk of loss or damage to the goods passes to you upon downloading an E-Book.

6. E-Book Orders and Refunds
Upon completion of the order/purchase outlined in clause 5 above, you will be provided with a link to download an E-Book to the email address nominated by you in the order.

Once a download has occurred by you, you have no right to cancel your purchase of the E-Book. Our obligations to you with respect to the supply of an E-Book is fulfilled when the E-Book has been downloaded.

It is your responsibility to not lose, destroy, or damage an E-Book once downloaded.

If you experience any difficulty accessing or using the E-Book, or a technical issue, then please contact us as soon as possible for assistance.

In the event that an E-Book is defective or faulty the customer is entitled to a refund, in accordance with our consumer and warranty obligations at clause 17.

7. Obligation as a user of the Website
Where applicable, you agree to not upload or provide content on the Website which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful,  inappropriate, harmful, hateful, abusive, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
• infringes the intellectual or other proprietary interests of third parties;
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms of Use;
• breaches any law; or
• encourages or incites any other person to engage in any of the above behaviour.
  
  
  

8. DJC’s Obligations
DJC reserves the right to make changes to the Website, its operation and application at any time without prior notice. DJC may engage a third party to provide technical assistance with the Website. DJC will take reasonable steps to ensure the ongoing effective operation and maintenance of the Website and take steps to repair technical issues that arise from within the Website within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

9. Intellectual Property
The Website and its content/material and goods/services (i.e. an E-Book) is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to an E-Book, text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by DJC or its contributors.

DJC does not grant you any rights whatsoever in relation to the Website. DJC expressly reserves all other rights.

You may not distribute, share, or resell an E-Book in any form, including but not limited to electronic, print or audio format without the prior written consent from DJC.

You may not modify, adapt, translate, or create derivative works based on an E-Book without written consent from DJC.

Any E-Book purchased through our Website are protected by copyright law and exclusively remain the property of DJC.

By purchasing an E-Book, DJC hereby grants to you a non-exclusive, non-transferable, revocable and limited license to download an E-Book and use the E-Book for personal and non-commercial purposes only. The E-Book consists of licensed content on select topics.

All content and publications on the Website may only be downloaded or reproduced for personal use. All reproductions must identify us as the owner of copyright. We may revoke such privilege at any time with or without notice for any reason.

10. Company Name
You must not use the company name, DJC Accounting Pty Ltd:

• in or as the whole part of your own trademarks, or business name or company name;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services (including the Website).
  
  

You must not authorise or assist any person to do any of the above.

11. Security of Information
No data transmission can be guaranteed as secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. 

You further acknowledge that, despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information, as outlined at clause 12.

12. Privacy
We are bound by the Privacy Act 1988 (Cth) and we take all reasonable steps to ensure that all personal information obtained by you will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles.

DJC requires that the customer comply with the National Privacy Principles in connection with any personal information supplied by the customer to DJC.

Our customer lists are never sold, loaned or given to other companies or organisations. We will only collect information relevant to our business relationships with you. This information will include your name, address, phone number, email address and information about your use of our products and services. We do not store credit card detail or any other payment information. We will limit the use of your personal information to completing transactions and to carrying out our business including planning, product development, research and analysis.

We use cloud-based systems to manage and process your personal information. These systems may store and process data both within Australia and overseas. By using the Website, you acknowledge and consent to your personal information being stored and processed outside of Australia, where the privacy laws may differ from those in Australia. We will take reasonable steps to ensure that your information is protected and handled securely, in accordance with this clause and applicable privacy laws.

We may use your information to offer you information on new products and services. You can notify us at any time if you do not wish to receive these offers by email, phone or mail.

13. Viruses
DJC does not warrant that the functional aspects of the Website will be error free or that the Website, its content or the server are free of viruses or other harmful components. DJC maintains current anti-virus software, however to the extent provided by law, DJC does not guarantee against third party interference. DJC does not warrant that the Website will be uninterrupted or error-free, or that Website or its content will be compatible with third party
software or hardware. DJC is not liable for any default due to an act of God, war, pandemic, epidemic, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond DJC’s reasonable control.

14. No Endorsement
Certain links on the Website may lead to resources located on other websites that are not maintained or controlled by us. Such links are provided merely for the users’ convenience and we are not responsible for the content of any referenced websites or for the availability or access to such websites. Inclusion on the Website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement or recommendation by us.

You access any other websites linked to the Website at your own risk and we are not responsible for the accuracy, relevancy, legality, or decency of any content or material contained on any other website and we disclaim all liability regarding access to such linked websites.

15. Indemnity
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any breach by you of this Terms of Use.

16. Complaints
If you have any complaints or concerns regarding our services, content or your experience on the Website, please forward any complaints to us in writing at david@djcaccounting.com.au. We will respond to your concern within thirty (30) days.

By using the Website, you agree to first attempt to resolve any dispute or complaint with us directly before pursuing other remedies available under law.

17. Warranties
To the fullest extent permitted by law, DJC excludes all representations, warranties or terms (whether express or implied) except those representations, warranties or terms contained in these Terms of Use. These Terms of Use include, by implication, only those warranties, conditions and terms
that:

• Law or legislation implies into these Terms of Use; and
• Law or legislation prohibits the parties from modifying, excluding or contracting away.
  
  

To the fullest extent permitted by law, any services or goods (including an E-Book) are provided on an “as is” basis. DJC does not provide any warranty as to performance, merchantability or fitness or suitable of any service or goods for any particular purpose.

To the fullest extent permitted by law, DJC’s liability (if any) for any breach of any condition or warranty or terms, or supply of any services or goods is limited to:

• in the case of goods supplied:

1. the replacement or repair of goods or the supply of equivalent goods; or
2. the payment of the cost of replacing or repairing the goods or acquiring equivalent goods; or
3. the refund of any amounts paid by you.

• in the case of services:

1. the supply of services again; or
2. the payment of the cost of re-suppling the services; or
3. the refund of any amounts paid by you.

Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian
Consumer Law:

• For a major failure with a good, the customer is entitled to a replacement or refund and compensation for any other reasonable foreseeable loss or damage. If the failure does not amount to a major failure and if the goods fail to be of acceptable quality, the customer is also entitled to have the goods repaired or replaced; and 
• For a major failure with the service, the customer is entitled to cancel any service contract with DJC and obtain a refund for the unused portion, or to compensation for its reduced value. The customer is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure the customer is entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel any contract and obtain a refund for the unused portion of the contract.
  
  

18. Miscellaneous
If any clause or provision of this Terms of Use is determined to be illegal, invalid or unenforceable then you acknowledge and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of the remaining clauses or provisions.
This Terms of Use and your use of the Website and any products and services provided by the Website shall be governed by the laws of New South Wales, Australia.

If you have any questions about these Terms of Use, please contact us by email to david@djcaccounting.com.au or in writing to PO Box 4020, Carlton NSW 2218.