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Reckon Advantage
Terms and Conditions

RECKON 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") offers the following subscription program to you on the terms and conditions set out below:

1. Current Version of Quicken Software. You may choose to become a Quicken Advantage Member for any of the Quicken® business software which appears on the Quicken Advantage Order Form. For each software product you choose to include in the membership program ("Nominated Software") a subscription fee is payable (see clause 4 below). The offer of Quicken Advantage Membership is only available to you if you currently have a licence for the latest version of Nominated Software. By applying to become 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 receipt of payment of the subscription fee 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 Monday to Friday, 8.30am to 7:00pm between August and April, and 8:30am to 8:00pm between May and July (AEST). 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 subscription price for Quicken Advantage Membership shown on the Quicken Advantage Order Form includes GST and is subject to change without notice. Please check with Quicken for latest prices or visit quicken.com.au. The term of your subscription is for a period of 12 months from the date upon which we receive payment of this subscription fee as cleared funds or accept your credit card authorisation for payment of the same. Subject to clause 9, the subscription fee is non-refundable where you complete the order form and pay via our web site or by mailing a signed order form to Quicken.

5. Joining Fee. In addition to the annual subscription price, upon joining and becoming a member of the Quicken Advantage program, you will pay a joining fee. The joining fee amount shown on the Quicken Advantage Order Form includes GST and is subject to change without notice. Please check with Quicken for the latest figure or visit quicken.com.au. The joining fee covers the administration costs of Reckon in establishing the new membership subscription. The joining fee is payable only once provided that the Quicken Advantage subscription membership is continuous. Should you cease being a member of the Quicken Advantage program and, at some point in the future, wish to once again become a member, Quicken will require the payment of a joining fee. Where you wish to join the Quicken Advantage program for two or more of Nominated Software, only one joining fee is payable. If you are an existing member of Quicken Advantage and wish to take out a Quicken Advantage subscription for additional Nominated Software, no joining fee will be payable. The joining fee is non-refundable.

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. We 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, we make no 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. If there is a physical defect in the CD-ROM upon which the upgrade for Nominated Software is stored and the software licence agreement gives you a right to return such CD-ROM for a replacement within a time period from the date of purchase, Quicken will honour that commitment for the time period but commencing from the date of delivery to you. Any requirement in such software licence agreement to provide proof of purchase when returning a faulty CD-ROM will not be applicable. In the event that there is any other 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 and deducted from the subscription fee you have paid and any balance will be refunded to you. However, Quicken may elect to retain all or part of the joining fee.

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