Last updated on 10th June 2012
Definitions For the purposes of this Agreement: “Website User” or “You” means the individual or business entity that is using or accessing the Xero Conversion Services or the Website, including its employees and agents; “Odyssey” or “We” means Odyssey Resources Limited “Conversion Services” or “Services” means the provision of services to convert one unique accounting data set from one third party software package to Xero products. The conversion to Xero products may require the use of tools provided by Xero, and such tools may be online (cloud) tools. “Source data” means any data inputted or uploaded by You or with your authority into the Website “Output data” means any data converted to Xero (in the Cloud) and/or uploaded into the Odyssey’s Website "Effective Date" means the date which you upload Source Data to the Website "Conversion Duration" means the period from the Effective Date until this Agreement is terminated in accordance with the provisions herein “Job Notification Number” means a computer generated number which our Website will send to the Website User using the email address provided on our Website
Description of services Upon completion of Source Data upload, You will receive a Job Notification Number for tracking purposes. Our conversion services begin by transforming the Source Data from its original software format to the Xero format. The provision of services involves storing the uploaded Source Data on an Odyssey server, converting it into the Xero format and then sending to You an email to advise that the Output Data is available for You to retrieve.You acknowledge and agree that Odyssey may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that You may upload through the Website, the maximum size of the files that You may convert through our Services, the maximum number of hours or days that Source Data will be stored on our server, and the Duration of Conversion. Odyssey is not required to inform the Website User of these general practices and policies via the Website, but Website User can request for information on a case by case basis. Odyssey reserves the right to change or discontinue any of the Services at any time.Subject to all the terms and conditions of this Agreement, Odyssey shall supply the Services to You and grant You a personal, non-transferable, terminable Website access to use the Services from the Effective Date for the Conversion Duration.
Conditions for Usage of Services: To access these services, you must provide the necessary information online (including without limitation to e-mail address and phone number) and accept these Terms of Service from the Effective Date. You may access the services on our websites on behalf of others or in order to provide services to others. If you access the services on behalf of others, it is your responsibility to ensure that you have proper authorization from other parties and that all parties for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you. You must ensure that the Job Notification Number issued to you and all other information required to access Source Data and Output Data on the Website are kept secure and confidential. Odyssey will not accept any liabilities as a result of your failure to safeguard the information. When using Conversion Services on the Website, you must not:
- Attempt to undermine the security or integrity of the Website;
- Attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access;
- Attempt to transmit or input into the Website any files that may damage any other person’s computing devices or software, any content that may be offensive, or any material or Source Data in violation of any law
- Upload or transmit as part of Source Data or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (iv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons
- Access, tamper with, or use any non-public areas of the Services or Odyssey's computer systems or the technical delivery systems of Odyssey's providers;
- Interfere with, or attempt to interfere with, the access of any Website User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; or
- Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Odyssey’s servers.
- Impersonate or misrepresent your affiliation with any person or entity.
Disclaimer THE SERVICES ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ODYSSEY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, REGARDING SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE). ODYSSEY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT ODYSSEY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.
No Rendering of Advice The information contained within the Website is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax, or financial advice from a professional accountant. Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship. Internet subscribers, users and online readers are advised not to act upon this information without seeking the service of a professional accountant.
Accuracy of Information While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through this website is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this website or such. If you wish to contact the webmaster of this website, please email email@example.com.
Disclaimer of Warranties and Limitations of Liability This website is provided on an "as is" and "as available" basis. Use of this website is at your own risk. We and our suppliers disclaim all warranties. Neither we nor our suppliers shall be liable for any damages of any kind with the use of this website. To the maximum extent permitted by law, Odyssey expressly disclaims any and all liability for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website, services, materials or information contained therein, use of or reliance on this information, or in connection with any:
- failure of performance, operation or transmission of;
- error, omission, defect or delay in; or
- inability of any party to use,
Responsibility for Data While we try to ensure that the Services are error free, we cannot guarantee that Source Data or Output Data will not be deleted or lost. You acknowledge and agree that Odyssey will not be responsible for any failure to convert Source Data or store Source Data or Output Data. You acknowledge and agree that Odyssey will not be responsible for the deletion of Source Data or Output Data stored or processed during the provision of the Services, or for the corruption of or loss of any data, information or content contained in Source Data or Output Data. You bear full responsibility for archiving and backing up your Source Data and sole liability for any lost or irrecoverable Source Data.