We’re excited to see that you would like to feature your business story in MYOB’s Powering Forward Community Stories. By clicking ‘submit’ you agree to be bound by the following terms and conditions (“Terms”).    

1. ABOUT THESE TERMS

Definitions

Some words in these Terms have particular meanings:

Campaign means the MYOB Powering Forward Community Stories.

Submission means your written Business story which you submit to MYOB, via the relevant webpage [insert link], for the purpose of being considered to feature in the Campaign. Your Submission constitutes an offer to MYOB to participate in the Campaign. 

Business means the business regarding which this Submission is made. 

You, your mean the Business including an authorised representative/s or agent/s to speak on behalf of the Business, such as the Business owner, director, founder and/or co-founder.

Your Story means your Submission as amended by MYOB in accordance with items 2.4 and 2.5 of these Terms. 

MYOB, we, us and our means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms in New Zealand).

Confidential Information means all information that we provide or otherwise make available to you or your employees in connection with the Campaign and other information that is in or comes into the public domain otherwise than as a result of breach of the terms of this letter or any other obligation of confidence.

Campaign Period ends on midnight on 31 December 2020. 

2. FORMATION OF CONTRACT 

2.1 By making a Submission, you are making an Offer to participate in the Campaign in accordance with these Terms.

2.2 By making a Submission, you agree to participate in the Campaign, including creation of the Client Output, in a professional manner.

2.3 Further to the above, you expressly acknowledge that if MYOB accepts your offer to participate, your Submission may be featured in the Campaign, subject to the following limitations described in items 2.4 and 2.5. 

2.4 MYOB retains absolute discretion to accept your offer to participate in the Campaign. 

2.5 If MYOB accepts your offer, we retain the right to: 

• Determine not to publish Your Story and terminate this agreement at any stage if we deem, in our sole discretion, that the Your Story is inappropriate, does not align with our branding and/or that the Campaign has ended; 
• Amend the wording and imagery of the Your Story as we consider appropriate; 
• Remove Your Story from any or all our social media platforms and/or website for any reason whatsoever, at any time; and 
• Use quotes and/or imagery from Your Story.

3. YOUR PARTICIPATION

3.1 By providing MYOB your online Submission, you confirm that you are an authorised representative and/or agent acting on behalf of the Business and that you are authorised to provide all the information contained in the Submission.  

3.2 You acknowledge that in addition to featuring Your Story in the Campaign, MYOB may request your participation in the Campaign in any of the following ways: 

• That you appear in social media content including video, photography and/or other content developed by and/or with MYOB or its affiliates. This content may include a video interview with MYOB regarding your business and Your Story. 

• That you appear in marketing material including pages on MYOB’s website and/or MYOB direct mail (hard copy and electronic). 

• That you feature and be tagged in MYOB’s social channels including but not limited to Instagram, Facebook, Twitter and LinkedIn.

(collectively referred to as the “Client Output”)

3.3 If your Submission is chosen to be featured in the Campaign, you may be required to post, share, comment, like and/or otherwise actively engage with MYOB developed social media content published online.    

4. TERRITORY 

4.1 You acknowledge that if Your Story is featured in the Campaign, Your Story may be promoted in Australian and/or New Zealand.  

5. CLIENT IMAGE USAGE 

5.1 If your Submission is featured in the Campaign, images and videos captured of you may be used by MYOB in promotional or marketing materials, including but not limited too digital social and online channels.

6. INTELLECTUAL PROPERTY RIGHTS 

6.1 You and/or the Business own the intellectual property in your Submission. You grant to MYOB a licence to use your Submission for an unlimited period of time. 

6.2 MYOB and its related entities own the intellectual property in the Client Output and any MYOB developed reiteration of your Submission and Your Story. You agree that MYOB may use the Client Output (including your name, image and likeness) for an unlimited period of time. Where MYOB uses the Client Output, we will endeavour to include an appropriate attribution, for example by “tagging” your businesses social media account in our post. 

6.3 You may use the Client Output yourself, on your own social media accounts and blog posts, provided that it is used in direct connection with your Business. During the Campaign Period, you must obtain MYOB’s consent before altering any photo, video or other Client Output content.  During the Campaign Period, you may authorise third parties to use those assets, provided you first obtain MYOB’s consent.

7. REPUTATION AND COMPLIANCE WITH THE LAW 

7.1 You must not do anything to bring yourself, MYOB or any of MYOB’s products, services or partners into disrepute.

7.2 You warrant that your business is in good financial health with a good reputation.  You also warrant that you reasonably expect that your business will continue to be operational, in good health and with a good reputation throughout the Campaign Period.

7.3 You warrant that your role in your business will not materially change during the Campaign Period.

7.4 You warrant that you have disclosed, and will continue to disclose, to MYOB all matters that could affect your ability or suitability to participate in this Campaign.

7.5 You must comply with all applicable laws in relation your participation in the Campaign, including privacy and consumer laws.

8. EXCLUSIVITY 

8.1 Your Story and, if applicable the Client Output are to be provided exclusively to MYOB in the Territory during the Campaign Period.

8.2 You agree not to enter into any promotional or equivalent commercial arrangements with MYOB’s direct competitors (including Xero, Reckon, Wave and Inuit/QuickBooks) during the Campaign Period.

9. CAPACITY AND AUTHORITY

9.1 By participating in the Campaign, you shall be deemed to be an independent contractor.  You shall not be deemed to be the employee or the agent of MYOB for any purpose whatsoever.  You have no authority to enter into any contract on behalf of MYOB, nor may you hold yourself out as holding authority as an agent of MYOB.

9.2 As an agent or representative of the Business, you agree to use your best efforts to ensure that the Business complies with these Terms.

10. WARRANTIES

10.1 You warrant that, to the best of your knowledge, all information contained in your Submission is correct and does not misrepresent your Business.  

10.2 You warrant that your business uses an MYOB product or service as its primary accounting software. You authorise MYOB to confirm your businesses status as an MYOB customer.

11. LEGAL NOTICES

11.1 For any legal notices under these Terms, email [email protected].

12. GOVERNING LAW 

12.1 These Terms shall be governed by the laws in force from time to time in the State of Victoria, Australia.