QUICKEN ADVANTAGE TERMS (as applicable to WebCentral’s subscription based QuickBooks products) QUICKEN ADVANTAGE MEMBERSHIP - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. RECKON LIMITED ACN 003 348 730 trading as Quicken Australia of Level 2, 35 Saunders Street, Pyrmont NSW 2009 ("Quicken") provides the QUICKEN ADVANTAGE MEMBERSHIP program to you on the terms and conditions set out below: 1. Current Version of Quicken Software. The offer of Quicken Advantage Membership is only available to you if you currently have a licence for the latest version of a QuickBooks product (“Nominated Software”). By becoming a Quicken Advantage Member you warrant to Quicken that you currently hold a licence for the latest released version of your Nominated Software. 2. Technical Support. Upon becoming a Quicken Advantage Member you will be entitled to unlimited technical support for a period of 12 months in connection with the Nominated Software. Technical support is provided through a help line. As a Quicken Advantage Member, your call will in most cases be given priority over non-members, (subject to call volumes). You are also entitled to extended hours of technical support. Currently the hours are between 8.30am and 8.00pm Monday to Friday Eastern Standard Time and Eastern Summer Standard Time (as applicable). You acknowledge that Quicken cannot guarantee that you will not experience some delay in having one of our technical support consultants answer your query. You will appreciate that as call volumes fluctuate so too will our response time. We also reserve the right at any time to change the hours of operation of technical support for Quicken Advantage Members. You also should be aware that technical support is to answer technical queries concerning the Nominated Software. Our technical support consultants are not available to you to provide general accounting advice or to train you (it is assumed that you are already reasonably familiar with the Nominated Software) or to resolve any networking or interface computing or IT problems that you may have. You agree that the determination of the nature of your query for these purposes may be made by our technical support consultants. 3. Software Upgrade. As a Quicken Advantage Member, you will be entitled to upgrades of the Nominated Software without charge if such upgrades become available during the term of your subscription. Quicken does not warrant that there will be any upgrades of the Nominated Software during your subscription term. Nothing in these terms and conditions affects any software licence agreement you may be required to enter into to take advantage of the upgrade of the Nominated Software. 4. Subscription Price. The Quicken Advantage Membership Program is included as part of the Nominated Software purchase price. The term of your subscription is for a period of 12 months from the date on which you validate the Nominated Software with Quicken. 5. Joining Fee. There is no joining fee payable for Quicken Advantage Membership Program while you are a paid up current subscriber of a Nominated Software product. 6. Personal Information. Quicken will not use or disclose any information about you, without your consent unless: required by law; where we believe it is reasonably necessary in order to provide requested products or services to you; or to protect the rights or property of Quicken or one of its affiliates. You consent to Quicken or a third party who is authorised by Quicken contacting you by e-mail (or other means) in connection with the Quicken Advantage Membership Program, including any services or products that may be offered from time to time to members. If you do not wish to receive promotional e-mails you may unsubscribe by following the directions in such e-mail or (if there are none) by contacting Quicken support. Quicken will use reasonable endeavours to act on any such request from you within a reasonable time. 7. Limitation of Liability. Except as set out in these terms and conditions, neither Quicken nor WebCentral make any express warranties or representations in connection with the supply of technical support, upgrades of the Nominated Software or training. Subject to overriding legislation (see below), we: (a) exclude all implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for purpose or otherwise; (b) limit our liability under or in connection with these terms and conditions (however arising, whether contract, tort or otherwise) at our option to one of the following (as applicable): (i) supplying the relevant services again; or (ii) payment of the costs of having the relevant services supplied again; (iii) replacement of the relevant goods or the supply of equivalent goods; (iv) the repair of the relevant goods; (v) the payment of the cost of replacing the relevant goods or acquiring equivalent goods; or (vi) the payment of the cost of having the relevant goods repaired; (c) will not be liable for any loss of profit, indirect, consequential or incidental loss, damage or injury under or in connection with these terms and conditions. Nothing in these terms and conditions will exclude, restrict or modify any rights or remedies which you may have under applicable Australian legislation including the Trade Practices Act 1974 (Cth) or the States and Territories' Fair Trading legislation which under such laws cannot be excluded, restricted or modified by agreement. In relation to any supplies of upgrades to Nominated Software, liability is limited in accordance with the terms of the applicable software licence agreement. In the event that there is any inconsistency with such software licence agreement and these terms and conditions, the software licence agreement will prevail. 8. Trade Marks. QUICKEN and QUICKBOOKS are registered trade marks of Intuit Inc., displayed with permission. QUICKPOS is a trade mark of Reckon Limited, application pending. QUICKEN ADVANTAGE, CASHBOOK and QUICKPAYROLL are trade marks used by Reckon Limited. 9. Cooling-Off Period. In the event that you have already joined Quicken Advantage over the telephone, without having viewed these terms and conditions Quicken grants to you a cooling-off period as provided in this clause 9. If you do not agree with these terms and conditions, you may cancel your subscription but you must notify Quicken in writing of such cancellation within 7 days of receipt of these terms and conditions. Any technical support or upgrades which are provided to you before cancellation of your subscription will be charged to you at Quicken's prevailing rates. 10. Governing Law. These terms and conditions are governed by the laws of New South Wales and both parties submit to the non-exclusive jurisdiction of the courts of this State (unless otherwise agreed in writing with Quicken).
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