Terms and Conditions

The Bookkeeper's Academy Pty Ltd

ABN 58 679 254 794

1  Interpretation

1.1  Definitions

In these Terms & Conditions:

(1) The Bookkeeper's Academy means The Bookkeeper's Academy Pty Ltd ABN 58 679 254 794 of PO Box 489 Dianella WA 6059, and includes its successors in title and assigns and those claiming through or under them respectively;

(2) The Bookkeeper's Academy Intellectual Property means all The Bookkeeper's Academy's copyright, design rights, trade mark rights, patent rights or any other intellectual property rights subsisting in, or created during the development of The Bookkeeper's Academy Resources or other The Bookkeeper's Academy Membership Benefits and includes The Bookkeeper's Academy's trademarks and confidential information and any of The Bookkeeper's Academy's processes or procedures, any policies or any, trade secrets, know-how, software, source and object codes, templates, guides, toolkits, checklists, online learning platforms, in-browser tools and calculators, webinars, videos, audio and audio-visual Recordings, workbooks, records and documents;

(3) The Bookkeeper’s Academy Member (or Member) means a person who holds a subscription-based Membership, whether purchased directly or provided as an Included Membership;

(4) The Bookkeeper’s Academy Membership (or Membership) means the monthly subscription membership referred to in these Terms & Conditions, entitling the Member to access The Bookkeeper’s Academy Membership Benefits;

(5) The Bookkeeper's Academy Membership Benefits (or Membership Benefits) means the benefits made available to The Bookkeeper's Academy Members by The Bookkeeper's Academy as determined by The Bookkeeper's Academy from time to time including but not limited to access to The Bookkeeper's Academy Resources, online communities, training, workshops, presentations and The Bookkeeper's Academy Member networking events for The Bookkeeper's Academy Network;

(6) The Bookkeeper's Academy Network (or Network) means the network of The Bookkeeper's Academy Members;

(7) The Bookkeeper’s Academy Resources (or Resources) means the resources made available by The Bookkeeper’s Academy to Participants as relevant to their Membership, Short Course, Mentoring Offering or Standalone Resource, including materials, content, copy, recordings, templates, best practice guides, toolkits, checklists, online learning platforms, in-browser tools and calculators, webinars, videos, Recordings, workbooks and other materials as determined by The Bookkeeper’s Academy from time to time;

(8) The Bookkeeper’s Academy Standalone Resource (or Standalone Resource) means a Resource made available by The Bookkeeper’s Academy for purchase on a stand-alone basis, without Membership, Membership Benefits or any other Offering, except as provided in clause 2.9(3);

(9) The Bookkeeper's Academy's Website (or Website) means the website located at www.thebookkeepersacademy.com, or any other website specified by The Bookkeeper's Academy in writing;

(10) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday in the place where an act is to be performed or a payment is to be made;

(11) Cost means any cost, charge, expense, outgoing, payment or other expenditure of any nature and where appropriate includes fees and disbursements payable to contractors, consultants and lawyers;

(12) Membership Fee means the amount payable for Membership as specified on The Bookkeeper’s Academy Website or in the Product Terms, and which may be varied in accordance with clause 9.5;

(13) Related Entity means a related entity as defined by the Corporations Act 2001 (Cth);

(14) Term means the period of The Bookkeeper's Academy Membership;

(15) Included Membership means Membership included in the price of a Mentoring Offering, Short Course or Standalone Resource, for the Included Membership Period determined under clause 2.9;

(16) Included Membership Period has the meaning given in clause 2.9(2);

(17) Mentoring Offering means mentoring supplied by The Bookkeeper's Academy, whether delivered one-to-one or to a group or cohort, and includes a single mentoring session, a block of mentoring sessions purchased together, and a mentoring program (such as The Accelerate Program);

(18) Minimum Term means the minimum term of Membership determined under clause 2.5(2);

(19) Offering means any Membership, Mentoring Offering, Short Course, Standalone Resource, or any other program, course, service, event or resource supplied by The Bookkeeper's Academy from time to time, whether free or paid;

(20) Product Terms means the description, inclusions, duration, price, payment terms and any other terms applying to a particular Offering, as published by The Bookkeeper’s Academy at the time the Participant purchases that Offering (including on the Website, a sales page or a checkout page);

(21) Continuing Membership means Membership that continues under clause 2.10 after an Included Membership Period ends because the Participant has opted in;

(22) Short Course means a course supplied by The Bookkeeper's Academy that is delivered across a set schedule or on a self-paced basis, and which is not the Membership;

(23) Downloadable Resource means a Resource that The Bookkeeper's Academy makes available to be downloaded or exported;

(24) In-Browser Resource means a Resource, tool or calculator made available through the Website or the Participant’s log-in and used in the Participant’s web browser, and which is not a Downloadable Resource;

(25) Participant Work Product means a document that a Participant creates using a Resource for use in the Participant’s own business, including a proposal, engagement letter, fee schedule, job description, job advertisement, position or candidate assessment document, and letter of offer, whether that document is intended for the Participant’s own client, for the Participant’s own personnel or prospective personnel, or for the Participant’s internal use;

(26) Recording means an audio or audio-visual recording of a webinar, workshop, training session, presentation, live Q&A session, mentoring session or event, made or made available by The Bookkeeper’s Academy;

(27) Student means a person who is enrolled in a Short Course or who has purchased a Standalone Resource;

(28) Mentee means a person who is participating in a Mentoring Offering;

(29) Guest means a person who accesses, attends, receives or otherwise engages with an Offering or Resource made available by The Bookkeeper’s Academy without charge, including a public webinar, a free download, a landing page, or content provided through a Partner or co-host, and who is not otherwise a Member, a Student or a Mentee; and

(30) Participant means a Member, a Student, a Mentee and/or a Guest. A person may be a Member, a Student, a Mentee and a Guest at the same time, or any combination of them, and a reference to a Participant is a reference to that person in each capacity that person holds. Holding one capacity does not of itself give a person any right in another capacity.

2  The Bookkeeper's Academy Membership and other Offerings

2.1  The Bookkeeper’s Academy grants the Member The Bookkeeper’s Academy Membership which includes a non-exclusive right to access The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources for the Term and on the terms set out in these Terms & Conditions.

2.2  The Bookkeeper's Academy Membership is not an exclusive membership and does not confer upon the Participant any express or implied right to any exclusivity.

2.3  The Bookkeeper’s Academy Membership commences on payment of the first instalment of the Membership Fee or, in the case of an Included Membership, at the start of the Included Membership Period, and continues for the Term unless terminated in accordance with these Terms & Conditions.

2.4  Application of these Terms & Conditions

(1) The Bookkeeper’s Academy may from time to time supply Membership, Mentoring Offerings, Short Courses, Standalone Resources and other Offerings.

(2) These Terms & Conditions apply to every Offering. The Product Terms for an Offering also apply and form part of these Terms & Conditions.

(3) If the Product Terms for an Offering are inconsistent with clauses 2.5 to 2.11, the Product Terms prevail, but only in relation to the duration, price, inclusions, payment schedule and Minimum Term of that Offering. The Product Terms cannot vary clause 2.12 or clause 2.13.

(4) By purchasing an Offering, creating an account, or registering for, accessing or attending an Offering, the Participant agrees to these Terms & Conditions.

(5) Where a person enters into these Terms & Conditions on behalf of a company, trust or other entity, that person warrants that they are authorised to bind that entity, and that person and the entity are each liable for all amounts payable under, and for performance of, these Terms & Conditions.

2.5  Membership Fee and Minimum Term

(1) Membership is a monthly subscription which continues until it is cancelled in accordance with clause 2.6.

(2) Membership is subject to a minimum term of 3 months beginning on the date Membership commences, unless the Product Terms state a different minimum term or state that no minimum term applies (Minimum Term).

(3) The Bookkeeper’s Academy may waive or reduce the Minimum Term, including as part of a promotion. Any waiver or reduction will be stated in the Product Terms at the time of purchase.

2.6  Cancelling Membership

(1) The Participant may cancel Membership at any time by written notice to The Bookkeeper’s Academy, or by using any cancellation function made available in the Participant’s account.

(2) If the Participant cancels during the Minimum Term, the cancellation takes effect at the end of the Minimum Term. Until then, the Participant continues to have access to the Membership Benefits and continues to be charged the monthly Membership Fee.

(3) If the Participant cancels after the Minimum Term has ended, the cancellation takes effect at the end of the month for which the Participant has most recently paid, and the Participant continues to have access to the Membership Benefits until that date.

(4) The Bookkeeper’s Academy will not charge the Participant any Membership Fee in respect of a period after the cancellation takes effect.

2.7  Mentoring Offerings

(1) A Mentoring Offering may be delivered one-to-one or to a group or cohort, as stated in the Product Terms.

(2) The number of sessions, the delivery format, the schedule, the duration, and any period within which sessions must be used, are as stated in the Product Terms.

(3) The Bookkeeper’s Academy may reschedule a session or change the person delivering it, and will give the Mentee as much notice as is reasonably practicable.

(4) If the Mentee does not attend a scheduled session, or cancels a scheduled session on less notice than the Product Terms require, The Bookkeeper’s Academy will use reasonable endeavours to reschedule that session but is not obliged to do so.

(5) The Bookkeeper’s Academy records its mentoring sessions, live Q&A sessions and other group Offerings, and may have those recordings transcribed or summarised using third-party transcription or artificial intelligence notetaking tools. The Bookkeeper’s Academy will tell participants before recording starts. Sessions are recorded in full and are not run unrecorded. A Participant who does not wish to appear in a Recording may take part with their camera and microphone turned off, and may hide their name or use a pseudonym as their display name. Anything a Participant says, and the Participant’s display name and image if they are shown, may be captured in the Recording. Participants should de-identify any information they share about their own clients. Clause 4.6 and The Bookkeeper’s Academy’s Privacy Policy apply to any Recording.

2.8  Short Courses

(1) A Short Course may be delivered across a set schedule or on a self-paced basis, as stated in the Product Terms.

(2) The Student’s access to the Short Course and its materials continues for the period stated in the Product Terms.

(3) The Bookkeeper’s Academy may change the schedule, content or presenter of a Short Course, and will give the Student as much notice as is reasonably practicable.

2.9  Included Membership

(1) Unless the Product Terms state otherwise, the price of a Mentoring Offering or a Short Course includes Membership at no additional charge for the Included Membership Period, where the Student or Mentee does not already hold a Membership at the time of purchase.

(2) The Included Membership Period is the duration of the relevant Mentoring Offering or Short Course, or 3 months, whichever is longer.

(3) Purchasing a Standalone Resource does not include Membership unless the Product Terms for that Standalone Resource expressly state that it does. If they do, this clause 2.9 and clause 2.10 apply to that Standalone Resource.

(4) If the Student or Mentee already holds a Membership at the time of purchase, that existing Membership continues unchanged and no Included Membership applies.

(5) The Included Membership Period counts towards the Minimum Term.

2.10  What happens when an Included Membership Period ends

(1) An Included Membership ends automatically at the end of the Included Membership Period. It does not continue, and no Membership Fee becomes payable, unless the Participant opts in under this clause.

(2) Before the Included Membership Period ends, The Bookkeeper’s Academy will give the Participant written notice stating the date it ends, the monthly Membership Fee that would apply if the Participant chooses to continue, and how to continue.

(3) If the Participant opts in, Membership continues as a monthly subscription (Continuing Membership) at the Membership Fee stated in that notice, being the amount stated in the Product Terms at the time the Participant purchased the relevant Offering. That amount may be varied only in accordance with clause 9.5.

(4) A Continuing Membership is not subject to a further Minimum Term, and the Participant may cancel it at any time in accordance with clause 2.6(3).

(5) At the end of the Included Membership Period the Participant’s access to the relevant Mentoring Offering or Short Course ends, whether or not the Participant opts in to continue Membership.

2.11  Standalone Resources

(1) A Standalone Resource is supplied on a one-off basis. The Student’s access to a Standalone Resource is as stated in the Product Terms.

(2) Except as provided in clause 2.9(3), purchasing a Standalone Resource does not entitle the Student to Membership or to any Membership Benefits.

2.12  Free Offerings

(1) The Bookkeeper’s Academy may make Offerings and Resources available without charge, including public webinars, free downloads, and content distributed by a Partner or co-host.

(2) By registering for, accessing or attending a free Offering or Resource, a Guest agrees to these Terms & Conditions in relation to that Offering or Resource.

(3) A Guest is not entitled to Membership, Membership Benefits, or any paid Offering.

(4) The Bookkeeper’s Academy may change, withdraw or discontinue a free Offering or Resource, or a Guest’s access to it, at any time and without notice.

2.13  Refunds

(1) Nothing in this clause limits the Participant’s rights under the Australian Consumer Law. Clauses 8.1 and 8.2 apply. If an Offering has a major failure, the Participant is entitled to a remedy under that law regardless of anything in this clause.

(2) If The Bookkeeper’s Academy cancels a Mentoring Offering or Short Course before it has been delivered, or materially changes its schedule, format or duration and the Participant does not accept the change, The Bookkeeper’s Academy will refund the price paid for the part not delivered.

(3) Membership is cancelled in accordance with clause 2.6. Membership Fees already paid for a month that has commenced are not refunded, and the Participant retains access for that month.

(4) A Participant who purchases a Mentoring Offering or Short Course may cancel it and receive a full refund if the Participant requests the refund within 14 days of purchase and has attended no more than one session or, in the case of a self-paced Short Course, has not downloaded or exported any materials. After that period, or once the Participant has attended more than one session, The Bookkeeper’s Academy is not obliged to refund the price.

(5) A Standalone Resource is supplied digitally and is available immediately on purchase. The Bookkeeper’s Academy is not obliged to refund the price of a Standalone Resource once the Participant has accessed or downloaded it, other than under subclause (1).

(6) An Included Membership is provided at no additional charge and no separate refund is payable in respect of it.

(7) A Participant may request a refund by emailing support@thebookkeepersacademy.com. The Bookkeeper’s Academy will respond within 14 days.

3  The Bookkeeper's Academy's obligations

3.1  The Bookkeeper’s Academy will provide the Member with access to The Bookkeeper’s Academy Membership Benefits including but not limited to The Bookkeeper’s Academy Resources for the Term.

3.2  The Bookkeeper's Academy may, from time to time during the Term conduct training, workshops, presentations and The Bookkeeper's Academy Member networking events for The Bookkeeper's Academy Network.

3.3  The Bookkeeper’s Academy will supply each Mentoring Offering, Short Course and Standalone Resource purchased by a Participant in accordance with these Terms & Conditions and the Product Terms for that Offering.

4  Participant’s obligations

4.1  Payment

(1) A Member must pay the Membership Fee monthly in advance by recurring card or account payment, processed through a payment provider nominated by The Bookkeeper’s Academy from time to time. The Member must provide valid payment details and authorise recurring charges before the Term commences.

(2) A Participant must pay for a Mentoring Offering, Short Course or Standalone Resource in accordance with the Product Terms for that Offering, which may require payment in full at the time of purchase or by instalments.

(3) All prices are in Australian dollars and include GST where GST applies.

(4) The Participant must keep the Participant’s payment details current for as long as any amount remains payable, and must update those details promptly if the card or account expires, is replaced, or is cancelled.

(5) If a payment fails, The Bookkeeper’s Academy may re-attempt the payment, and will notify the Participant that the payment has failed and ask the Participant to update the Participant’s payment details or make payment by another method.

(6) If the payment remains unpaid 7 days after The Bookkeeper’s Academy gives that notice, The Bookkeeper’s Academy may suspend or terminate the Participant’s access in accordance with clause 6.1.

(7) Suspension or termination under this clause does not relieve the Participant of the obligation to pay any amount that had already fallen due before the suspension or termination took effect. Where the Participant is within the Minimum Term, The Bookkeeper’s Academy may either continue to provide access and require the remaining monthly instalments, or terminate and require no further instalments, but not both.

4.2  The Participant’s access to The Bookkeeper’s Academy Membership Benefits, and to any other Offering supplied to the Participant, is personal to the Participant. The Participant must not permit any third parties to have access to The Bookkeeper’s Academy Membership Benefits or to any other Offering supplied to the Participant. The Participant must:

(1) not allow any other party (including but not limited to the Participant's clients, associates and employees) access to The Bookkeeper's Academy Membership Benefits or The Bookkeeper's Academy Resources and any other The Bookkeeper's Academy Intellectual Property;

(2) keep safe and secure, use reasonable security measures and not disclose to any other party (including but not limited to the Participant's clients, associates and employees) any user login or password details provided to the Participant by The Bookkeeper's Academy for access to The Bookkeeper's Academy Membership Benefits and The Bookkeeper's Academy Resources;

(3) not allow any other party (including but not limited to the Participant’s clients, associates and employees) to use The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources, and use The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources only in the manner prescribed by The Bookkeeper’s Academy;

(4) not copy, reproduce, republish or provide or transmit to any third party any of The Bookkeeper's Academy Resources and use The Bookkeeper's Academy Resources only for their own personal use;

(5) not make any alterations to The Bookkeeper's Academy Resources and not adapt, alter or create any derivative works from any of The Bookkeeper's Academy Resources or use The Bookkeeper's Academy Resources for any other purpose other than for the Participant's own personal use;

(6) advise The Bookkeeper's Academy immediately of any infringement or potential infringement of this clause and take all reasonable action to stop or prevent further infringement; and

(7) stop using The Bookkeeper's Academy Membership Benefits and The Bookkeeper's Academy Resources at the end of The Bookkeeper's Academy Membership.

(8) not share a login, and acknowledge that one Membership or purchase entitles one named individual to access the relevant Offering. Additional users require additional purchases.

4.3  The Participant acknowledges that:

(1) all rights in and relating to The Bookkeeper's Academy Membership Benefits, The Bookkeeper's Academy Resources and The Bookkeeper's Academy's Intellectual Property are and remain the property or under the control of The Bookkeeper's Academy or a Related Entity of The Bookkeeper's Academy; and

(2) the Participant does not acquire any right, title or interest in any of The Bookkeeper's Academy Membership Benefits, The Bookkeeper's Academy Resources or The Bookkeeper's Academy's Intellectual Property.

(3) If purchasing a standalone Resource, with a one-off payment, without the full Membership Benefits, the Participant only gains access to that Resource, and not the full Membership Benefits.

4.4  If the Participant participates in any of The Bookkeeper's Academy Member online communities or networking events for The Bookkeeper's Academy Network, the Participant must at all times be respectful of the other The Bookkeeper's Academy Participants and The Bookkeeper's Academy and ensure that all their communications with other The Bookkeeper's Academy Participants and The Bookkeeper's Academy are at all times polite and considerate. Trolling and harassment will not be tolerated under any circumstances. Any breach of this clause may result in the Participant's entitlement to participate being suspended or terminated at The Bookkeeper's Academy's sole discretion and no refund of the Membership Fee will be provided. Anything shared by another Participant in an online community, live Q&A session or other group Offering is that person’s own contribution. It is not advice from The Bookkeeper’s Academy, has not been verified by The Bookkeeper’s Academy, and may not be accurate or suitable for the Participant’s circumstances.

4.5  Where, anywhere on our website, within the Resources or in relation to the content of an Offering, content appears as content authored by a Partner; we provide a hypertext link to a website not controlled by us; or a Partner offers a benefit to a Participant, such as a discount (together, Partner Matter), we are not responsible nor bear any liability in relation to that Partner Matter and you acknowledge that to the extent that we communicate any Partner Matter, we do so solely as an intermediary.

4.6  Where an Offering is delivered to a group or cohort:

(1) the Participant acknowledges that other participants will be able to see and hear what the Participant contributes, including any information the Participant chooses to share about the Participant’s business or the Participant’s clients;

(2) the Participant must not disclose to any person outside that group or cohort anything another participant shares in the course of the Offering; and

(3) the Participant is responsible for ensuring that anything the Participant shares does not breach the Participant’s own confidentiality or privacy obligations to the Participant’s clients, including under the Tax Agent Services Act 2009 and the Privacy Act 1988 (Cth).

(4) the Participant should de-identify any information the Participant shares about the Participant’s own clients, team members or other individuals;

(5) the Participant must not admit, run or use any recording, transcription or artificial intelligence notetaking tool in relation to the Offering; and

(6) The Bookkeeper’s Academy will keep confidential the information a Participant shares in the course of a Mentoring Offering or other group or cohort Offering, and will not disclose it to any person outside that Offering, except to the extent disclosure is required by law, is made to a service provider in accordance with The Bookkeeper’s Academy’s Privacy Policy, or the Participant consents.

5  Licence, Intellectual Property and other dealings

5.1  The Bookkeeper's Academy Membership is personal to the Participant and the Participant must not transfer, assign, lease, licence, franchise or otherwise part with possession of The Bookkeeper's Academy Membership.

5.2  Licence

The Resources are licensed to the Participant, not sold. The Bookkeeper’s Academy grants the Participant a personal, non-exclusive, non-transferable and revocable licence to use the Resources made available to the Participant, for the Participant’s own business use only, on the terms of these Terms & Conditions.

5.3  Participant Work Product

(1) Despite clauses 4.2(4) and 4.2(5), the Participant owns the Participant Work Product the Participant creates, and may use, keep and provide the Participant Work Product to the Participant’s own clients, personnel, prospective personnel and advisers, including after the Participant’s Membership or access ends.

(2) Clause 5.3(1) does not transfer to the Participant any right in a Resource itself, or in its wording, structure, layout or content, all of which remain The Bookkeeper’s Academy Intellectual Property.

(3) The Participant may apply the Participant’s own name, logo and branding to Participant Work Product, and may supply Participant Work Product as the Participant’s own document to the Participant’s own clients, personnel, prospective personnel and advisers. Clause 5.7(6) does not apply to Participant Work Product.

(4) Nothing in subclause (3) gives the Participant any right in the Resource used to create the Participant Work Product, or in its wording, structure, layout or content. The Participant remains solely responsible for the content of any Participant Work Product the Participant supplies to any person, including its accuracy and its suitability for the purpose for which it is supplied.

5.4  In-Browser Resources

(1) An In-Browser Resource is available only for so long as the Participant holds a current Membership, or other current access to that In-Browser Resource.

(2) When the Participant’s Membership or access ends, the Participant’s access to the In-Browser Resource ends. Clause 8.4 applies to any data the Participant has entered into an In-Browser Resource.

(3) The Participant should export or download the Participant Work Product before the Participant’s Membership or access ends.

5.5  Downloadable Resources

(1) The Participant may download or export a Downloadable Resource while the Participant holds a current Membership, or other current access to that Downloadable Resource.

(2) The Participant may continue to use a Downloadable Resource that the Participant downloaded or exported before the Participant’s Membership or access ended, for the Participant’s own business use, subject to clause 5.7.

(3) The Participant may not download, export or otherwise obtain a Downloadable Resource after the Participant’s Membership or access has ended.

5.6  Updates to Resources

(1) The Bookkeeper’s Academy may update, change or replace a Resource from time to time, and is not obliged to maintain, update or continue to make available any particular Resource.

(2) A Participant who holds a current Membership is entitled to access the current version of a Resource, including any update, for so long as the Membership continues.

(3) A person who purchases a Standalone Resource receives the version of that Standalone Resource as at the date of purchase, and is not entitled to any later update, unless The Bookkeeper’s Academy chooses to provide it.

(4) A purchaser of a Standalone Resource that is a Downloadable Resource may continue to use the version purchased, for that purchaser’s own business use, subject to clause 5.7. The Bookkeeper’s Academy may terminate that licence if the purchaser breaches clause 5.7.

5.7  Restrictions on use

In addition to clause 4.2, the Participant must not:

(1) copy, reproduce, republish, distribute, host or make available any Resource, Recording or The Bookkeeper’s Academy Intellectual Property, on any platform or in any medium;

(2) share, disclose or provide access to any Resource or Recording to any person who is not a Participant then entitled to that Resource or Recording;

(3) record, screenshot or otherwise reproduce any webinar, workshop, training session, presentation, live Q&A session, mentoring session or event, including by admitting, running or using any recording, transcription or artificial intelligence notetaking tool, except with The Bookkeeper’s Academy’s prior written permission;

(4) use any Resource, Recording or The Bookkeeper’s Academy Intellectual Property to create, develop or improve any tool, template, workbook, course, program, product or service that competes with any Offering;

(5) submit, upload or otherwise provide any Resource, Recording or The Bookkeeper’s Academy Intellectual Property to any artificial intelligence or machine learning service, tool or model for the purpose of reproducing, adapting, summarising, generating derivatives of, or training on it;

(6) remove, obscure or alter any copyright, trade mark, attribution or ownership notice on or in a Resource or Recording, other than as permitted by clause 5.3(3); or

(7) resell, sublicense, rent, lend or otherwise commercialise any Resource or Recording.

5.7A  Use of a Resource with an artificial intelligence tool

(1) Clause 5.7(5) does not prevent the Participant from submitting a Resource, or Participant Work Product created using a Resource, to an artificial intelligence or machine learning service in the course of using that Resource for its intended purpose in the Participant’s own business, including where the Resource directs the Participant to do so.

(2) Subclause (1) applies only where the Participant:

(a) uses an account with that service under which the Participant’s content is not used to train the provider’s models;

(b) does not share, publish or otherwise make the Resource available to any person who is not a Participant then entitled to it; and

(c) does not use the output to create, develop or improve any tool, template, workbook, course, program, product or service that competes with any Offering.

(3) Subclause (1) does not permit the Participant to submit a Recording to any artificial intelligence or machine learning service.

(4) The Participant’s use of an artificial intelligence service is subject to clauses 8.9 and 8.10. The Participant remains solely responsible for the Participant’s own obligations in relation to any client information or personal information the Participant submits to that service.

5.8  Recordings

A Recording is The Bookkeeper’s Academy Intellectual Property and is a Resource for the purposes of these Terms & Conditions. Clause 4.6 applies to any Recording of an Offering delivered to a group or cohort.

6  Suspension or Termination

6.1  The Bookkeeper’s Academy may suspend for any period or terminate The Bookkeeper’s Academy Membership, or the Participant’s access to any other Offering, or both, by giving the Participant written notice if the Participant:

(1) does not pay on time any instalment of the Membership Fee, or any other money payable to The Bookkeeper’s Academy for an Offering, in accordance with these Terms & Conditions;

(2) breaches any clause, covenant, warranty, agreement or obligation contained or implied in these Terms & Conditions and fails to remedy that breach within 7 days of receiving a written notice from The Bookkeeper’s Academy to do so.

Suspension or termination under subclause (1) may take effect immediately on notice. Suspension or termination under subclause (2) may take effect only if the breach is not remedied within the 7 day period.

6.2  Subject to clauses 8.1 and 8.2, no refunds (pro rata or otherwise) of the Membership Fee or of the price of any other Offering will be provided if The Bookkeeper’s Academy Membership, or the Participant’s access to any other Offering, is suspended or terminated under clause 6.1.

6.3  After the Term and The Bookkeeper’s Academy Membership come to an end, or the Participant’s access to any other Offering ends, all rights and licences of the Participant to use The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources to which that Membership or access related terminate without the need for anything else to be done.

6.4  At the end of the Term and The Bookkeeper’s Academy Membership, or at the end of the Participant’s access to any other Offering, the Participant must immediately stop using in any manner The Bookkeeper’s Academy Membership Benefits and The Bookkeeper’s Academy Resources to which that Membership or access related, other than the Participant Work Product and any Downloadable Resource that the Participant downloaded or exported before that time, which the Participant may continue to use in accordance with clauses 5.3, 5.5 and 5.7.

6.5  At the end of the Term and The Bookkeeper’s Academy Membership, or of the Participant’s access to any other Offering, The Bookkeeper’s Academy retains any rights it has against the Participant in respect of any past breach of these Terms & Conditions, in addition to any other rights, powers or remedies provided by law.

6.6  Where Membership was provided as an Included Membership with a Mentoring Offering or Short Course, and that Offering ends, is cancelled or is terminated, the Included Membership ends at the same time. Where the Participant holds a Membership that was purchased separately, that Membership is unaffected by the ending, cancellation or termination of any other Offering, and continues until it is cancelled in accordance with clause 2.6.

7  Indemnity

7.1  Indemnity

The Participant indemnifies The Bookkeeper’s Academy against any claim, demand, action, arbitration or other proceeding brought against The Bookkeeper’s Academy by a third party, and against any loss, liability, damage or reasonable legal cost The Bookkeeper’s Academy incurs in defending, settling or satisfying that claim, to the extent that the claim arises from:

(1) a breach by the Participant of these Terms & Conditions;

(2) the Participant’s taxes, liabilities or Costs of its business, or the Participant’s supply of services to the Participant’s own clients; or

(3) any negligent or wilful act or omission of the Participant, or of the Participant’s personnel, agents, servants or contractors.

Proportional Reduction: The Participant's liability to indemnify The Bookkeeper's Academy under this clause is reduced proportionally to the extent that the Academy's own negligence, breach of this Agreement, or unlawful conduct contributed to the loss.

7.2  The Bookkeeper’s Academy’s rights at law and under these Terms & Conditions, including its right to be indemnified under this clause, are not affected by The Bookkeeper’s Academy ending The Bookkeeper’s Academy Membership or a Participant’s access to any other Offering, or by anything else.

7.3  This clause 7 does not apply to a Guest in that capacity.

8  Acknowledgments

8.1  Statutory Guarantees

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.

8.2  Limitation of Liability for Services

To the extent permitted by section 64A of the Australian Consumer Law, our liability for a failure to comply with a statutory guarantee for services is limited to:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

8.3  Educational and Mentoring Disclaimer

The Resources, templates, and mentoring provided by The Bookkeeper’s Academy are for educational and administrative purposes only. They do not constitute professional tax, legal, financial or human resources advice. The Participant remains solely responsible for the accuracy of their own services, their application of taxation laws, and their compliance with the Tax Agent Services Act 2009.

8.4  Local Storage Architecture and Data Volatility

(a) The Participant acknowledges that The Bookkeeper’s Academy’s in-browser tools and calculators, including the proposal, fee, engagement letter, pricing strategy, client fee analysis, profit goals and capacity tools, operate exclusively within the Participant’s web browser using client-side localStorage. Any data the Participant inputs into these tools, including client data (Tool Data), is saved only locally to the specific device and web browser being used, and any file the Participant exports from these tools is generated within the Participant’s browser.

(b) No Transmission to Third Parties: The Bookkeeper’s Academy does not receive, process, back up, or have access to this inputted data. The tools operate entirely within the Participant’s web browser and do not transmit Tool Data to The Bookkeeper’s Academy, to any hosting, storage or database service, or to any artificial intelligence or machine learning service. The webpages on which the tools are made available load standard website analytics and advertising tools, which record page activity such as page views and clicks; those tools do not receive Tool Data. If The Bookkeeper’s Academy changes the way a tool operates so that any of this is no longer the case, it will notify Participants before the change takes effect. This clause describes only the way the tools operate. It is not advice about the Participant’s obligations, and is not a representation that the Participant’s use of a tool does or does not comply with any obligation of the Participant, including under section 30-10(6) of the Tax Agent Services Act 2009. The Participant must reach the Participant’s own conclusion on those matters, in accordance with clause 8.9.

(c) Risk of Data Loss: The Participant expressly accepts that because data is held locally in their browser cache, it is inherently volatile. If the Participant clears their browser cache, browses in private or incognito mode, uninstalls their browser, or switches to a different device, all inputted Tool Data will be permanently and irretrievably lost.

(d) Disclaimer of Liability: To the maximum extent permitted by law, The Bookkeeper's Academy disclaims all liability, and the Participant releases The Bookkeeper's Academy from any claim, relating to the loss, corruption, or destruction of data, lost time, or lost business opportunities resulting from the localStorage architecture of the tools.

(e) Security of the Participant’s Device: The Participant is responsible for the security of the device and web browser the Participant uses to access a tool, and for storing and backing up any file the Participant exports from a tool.

8.5  The Participant acknowledges that The Bookkeeper's Academy does not guarantee any return on investment or profit to the Participant with respect to its business or otherwise.

8.6  The Participant acknowledges that The Bookkeeper's Academy may enter into partnerships, affiliations or agreements with relevant bodies in their Network and may receive benefits or incentives from these bodies from activities, referrals, advise or representations. Any such activity will be disclosed to Members and will not influence the nature or value of the Participant Benefits. As at 1 July 2025, these partnerships include Martine Hoosen's position as an XPAC (Xero Partner Advisory Council) and Cyber Wardens Champion.

8.7  Any services, rates, prices or figures included in a Resource by default are sample data, included for demonstration purposes only. They are not recommended, suggested or benchmark pricing, and The Bookkeeper’s Academy does not recommend, suggest or require that the Participant charge any particular price or rate. The Participant must set its own prices independently, and must update every figure in a Resource to suit the Participant’s own business, clients and scope of work.

8.8  A Resource may display terms, warnings or a disclaimer that the Participant is asked to read or accept before using that Resource. Any such display is a reminder or summary of terms already set out in these Terms & Conditions. It does not create any additional term, obligation or liability, and does not vary these Terms & Conditions. These Terms & Conditions and the Product Terms are the only terms that apply to a Resource, and prevail over anything displayed in or with a Resource.

8.9  The Participant is solely responsible for the Participant’s own compliance with the Code of Professional Conduct under the Tax Agent Services Act 2009, including in relation to the Participant’s own use of artificial intelligence tools and services, and including the matters addressed in TPB(GS) 55/2026. Nothing in a Resource, and no statement by The Bookkeeper’s Academy about the way a Resource operates, relieves the Participant of that responsibility or constitutes permission for the Participant to disclose a client’s information to any third party.

8.10  Third-party tools and services

(1) The Bookkeeper’s Academy may demonstrate, describe or reference third-party tools, software or services, including artificial intelligence tools, in a Resource, webinar, Short Course or Mentoring Offering. The Bookkeeper’s Academy does not supply those tools, does not control them, and does not warrant that they are suitable, secure, accurate or fit for the Participant’s purposes.

(2) The Participant’s use of a third-party tool is governed by that provider’s terms and privacy policy and is a matter between the Participant and that provider. The Participant is responsible for reviewing those terms, including how the provider stores, retains, uses and discloses data.

(3) Third-party tools change. A demonstration reflects the tool as at the date it was given, and The Bookkeeper’s Academy is not obliged to update or correct a Resource if a tool, its terms or its behaviour changes.

8.11  Tools that act on the Participant’s behalf

(1) The Participant acknowledges that some tools, including artificial intelligence agents, browser automation and connected applications, can take action on the Participant’s behalf, including accessing, creating, changing, sending or deleting data in the Participant’s systems or in a client’s systems.

(2) The Participant is solely responsible for deciding whether to use such a tool, for the access and permissions granted to it, for supervising and verifying what it does, and for every action it takes, whether or not that action was intended.

(3) Nothing demonstrated or described by The Bookkeeper’s Academy is an instruction or a recommendation to grant any particular access, or to allow any action to be taken without review.

(4) The Participant is responsible for obtaining any authority or consent required before connecting a tool to, or allowing a tool to act in relation to, a client’s data or systems.

9  General provisions

9.1  Force majeure: If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.

9.2  Notices: A notice or other communication connected with these Terms & Conditions (Notice) has no legal effect unless it is in writing. In addition to any other method of service provided by Law, the Notice may be:

(1) sent by prepaid post to the address of the addressee;

(2) sent by email to the email address of the addressee;

(3) delivered at the address of the addressee.

A Notice must be treated as given and received:

(4) if sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;

(5) if sent or notified by email before 5pm on a Business Day at the place of receipt, on the day it is sent or notified and otherwise on the next Business Day at the place of receipt; or

(6) if otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.

9.3  Severability: If anything in these Terms & Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms & Conditions remains in force.

9.4  Entire understanding: These Terms & Conditions:

(1) are the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms & Conditions; and

(2) supersede any prior agreement or understanding on anything connected with that subject matter.

9.5  Variation of Terms: The Bookkeeper's Academy may amend or vary these Terms & Conditions from time to time by providing at least 30 days' written notice to the Participant. If the Participant does not agree to a material variation, the Participant may terminate this Agreement without penalty by providing written notice to the Academy before the variation takes effect. If the Participant terminates under this clause, The Bookkeeper’s Academy will refund the price of any Offering the Participant has paid for and not yet received.

9.6  Waiver: A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

9.7  Governing Law and jurisdiction: The Law of Western Australia governs The Bookkeeper’s Academy Membership, each other Offering and these Terms & Conditions. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and of the Commonwealth of Australia.

9.8  Non-merger: Each obligation which expressly survives, or is capable of surviving, the end of The Bookkeeper’s Academy Membership or of a Participant’s access to any other Offering, continues in force despite that end.

9.9  Assignment: The Bookkeeper’s Academy may assign or novate its rights and obligations under these Terms & Conditions to a purchaser of its business or of the assets of its business, and the Participant consents to that assignment or novation. The Participant may not assign or novate its rights or obligations without The Bookkeeper’s Academy’s prior written consent.

9.10  Dispute resolution: If a dispute arises, the party raising it must give the other party written notice describing the dispute. The parties must then use reasonable endeavours to resolve it within 14 days of that notice before commencing proceedings. This clause does not prevent either party from seeking urgent interlocutory relief.