In these Terms, ‘us’, ‘we’ and ‘our’ means Adieu Accounting. ‘Disclosure Platform’ and ‘platform’ means the web-based tool hosted at pool.adieu.ai.
The nature of our engagement
1-Click Disclosure is a service provided directly to you, as our client, in the capacity of a public accounting firm, for the purpose of assisting you to compile information as part of fulfilling your financial disclosure obligations, relating to your family law matter (pursuant to Rule 13.04 of the Family Law Rules 2004 (Cth)). This engagement is separate and independent of any engagement you may have with a lawyer. All data and documents remain yours, and will only be provided to your lawyer with your written instruction, which you may revoke at any time.
The scope of our engagement
1-Click Disclosure is a limited-scope service which is provided by us in the capacity of a public accountant, as a non-complex, compilation service. This is a limited scope, reporting-only agreement for the specific purpose of assisting you in providing financial disclosure material to your legal adviser. Adieu will not provide advisory services under this engagement, will not act as a tax agent or accountant outside the scope of this agreement, and any documents and reports provided do not constitute accounting, taxation, or financial planning advice.
While we will make our best endeavours to source bank and credit card statements, tax returns, superannuation statements, and tax obligations, credits and liability information on your behalf; in some cases the information available may be limited due to technical and policy factors outside of our control. The information available to us varies from person to person and we cannot guarantee what information and documents we will be able to provide to you and your legal adviser as part of our 1-Click Disclosure service. We also require information and authorisations from you to enable the delivery of our service; we’ll consider our engagement with you to be complete after 30 days if you fail to provide the necessary information or authorisations.
Use of the 1-Click Disclosure service and platform by lawyers
1-Click Disclosure is a godsend for clients and a joy for lawyers. But if you are a lawyer using the platform, it is important that you understand the following:
- When you request disclosure, you are making a professional referral. You are not engaging us to provide a service to you or on your behalf. You are not our client. We are not your subcontractor. You do not pay us or provide us any form of consideration.
- You may refer clients to us, as individuals who you think could benefit from our service. We engage those individuals as our clients, in the capacity of a public accounting firm, with a written agreement between them and us, to provide them with a non-complex, document gathering service with no advice. The individuals you refer may choose to engage with us or not.
- Our professional obligation is to our mutual client, not to you as a lawyer. Anything we share with you is done so on behalf of our client, with their written instruction.
- All data and documents remain our client’s, and they may revoke your access at any time.
- Along with access to data and documents our client shares with you, our platform may also provide you with additional tools and features to work with this information. These are for the benefit of our client, and covered by the fee they pay to us for our service. They are not a service rendered to you or paid for by you as a lawyer.
- We store our client’s data in state-of-the-art facilities, located exclusively in Australia. How you choose to store anything that our client provides you access to is entirely up to you (but note that if you store it in LEAP or ActionStep, you’re also likely storing it in the cloud).
- We retain our client’s documents in accordance with our professional obligations as a public accounting firm, as dictated by our professional liability insurance. Whilst this may give you further confidence and comfort in referring clients to us, the work we do for our client is governed by our own professional regulations, covered by our own insurance (including cyber-insurance covering cyber-attacks, privacy breaches, system damage, computer virus & hacking, extortion, privacy fines, loss mitigation & reward cover), and is unrelated to your own obligations to your clients or your liability for the services you may provide for them.
You may need to be a registered member to access certain features of the platform.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the platform in accordance with these Terms.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of the information and documents provided through our 1-Click Disclosure service and platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Disclosure Platform. You should monitor any changes to the information contained on the platform.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the platform or a linked website. You must take your own precautions to ensure that whatever you select for your use from the platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the platform (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the platform updated. We are not liable to you or anyone else if errors occur in the information on the platform or if that information is not up-to-date.
Our Disclosure Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the platform.
You agree that, as between you and us, we own all intellectual property rights in the 1-Click Disclosure service and platform, and that nothing in these End User Terms constitutes a transfer to you of any intellectual property rights.
No commercial use
The platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any software, products or services contained within the platform.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using the platform to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to the platform, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our 1-Click Disclosure service and platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or secure.
We reserve the right to restrict, suspend or terminate without notice your access to the platform, any Content, or any feature at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the platform and/or the information or materials contained on it, or as a result of the inaccessibility of the platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the platform and our 1-Click Disclosure service and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
Effective: 01 Nov 2019