TERMS AND CONDITIONS
Terms are between Taxpayers Australia Ltd t/as Tax & Super Australia (ABN
96 075 950 284), its successors and assignees (referred to as “we” or “us”) and you, the person, organisation or entity that has purchased
Services from us (referred to as “you”),
each a “Party” and collectively the “Parties”. These Terms apply to all Services provided by
us to you. These Terms are also available on our
accept these Terms by either:
the Terms on the Site;
by email that you accept the Terms;
us to proceed with the Services; or
part or full payment for the Services.
You agree that these Terms form
the agreement under which we will supply Services to you. Please read these Terms carefully.
Please contact us if you have any questions using the contact details on
the Site or at the end of these Terms. Purchasing or making use of our Services indicates
that you have had sufficient opportunity to read these Terms and contact us if
needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have
the consent of a legal guardian who is 18 years or older.
where you have signed up for a Trial Membership package we will not commence providing
the Services until you have paid the membership Fees.
offer various memberships through the Site as a part of the Services. To commence
using our Services you must nominate a membership package. The duration of and features/benefits
included in a membership package are as set out on the Site and are fixed until
the following renewal date.
“professional” membership package grants you a single user licence.
“practice” membership package grants you a single user licence with
administrator access functionality and the capability to purchase additional
user licences. Any additional user licenses will be charged separately.
content, materials, information or recommendations made available or provided
to you through the Site or as a part of your nominated membership package is
provided to you for general informational purposes only and is not intended to constitute
financial, business, taxation, superannuation or other professional advice. You
are solely responsible for determining the suitability of any content,
materials, information or recommendations and any reliance on the aforesaid is
at your own risk.
a membership package is purchased it cannot be downgraded unless these Terms
expire or are terminated in accordance with clause 11, however, membership packages
may be upgraded at any time.
agree to provide the Services with due care and skill.
reserve the right to refuse any request that we deem unsuitable, inappropriate,
unreasonable or illegal.
will supply the Services to you from the date you accept these Terms to the end
of the common renewal date (30 April). If you do not renew your membership with
us during this period we may cease to provide Services to you and will revoke
your membership entitlements. Any renewals after the common renewal date will
require you to pay the full annual membership Fees.
may provide the Services to you using our employees and/or contractors, and
they are included in these Terms.
If you request a Variation to your membership, we
have discretion as to whether we provide the Variation to you and whether an
adjustment to the Fees may be required in respect of the same. If we are unable
to accommodate the Variation, we will inform you of the reasons as to why we
are unable to accommodate your request.
agree to accept a Variation request, then we will inform you of any Variation
Fee. You must pay the Variation Fee
before the Variation to your membership is made effective. We will invoice you accordingly for the
a part of the Services you will gain access to all digital publication
entitlements and member only content, and will become eligible to receive
special member pricing for events and publications, as advised by us from time
acknowledge and agree that it may take up to 40 days for your membership
application to be processed.
your application for membership be approved, you agree to become a full voting
30 DAY FREE TRIAL MEMBERHIP
As a part of the Trial Membership you will obtain limited
access to our Site and content.
You are only entitled to one Trial Membership and cannot
hold multiple Trial Memberships whether simultaneously or sequentially.
We retain the right to change the conditions under
which we provide the Trial Membership and the features and benefits forming
part of the Trial Membership at our discretion and without notice to you.
addition to our “professional” and “practice” memberships, we offer certain
members a premium plug-in services as a part of our Practitioner’s Pathway
a “fellow member” of the Practitioner’s Pathway, you will be entitled to a
practising certificate, post nominal, voting rights with the RTAA (TAI
Practitioners & Advisers Ltd), and all other benefits and features listed
on the Site.
an “associate member” of the Practitioner’s Pathway, you will be entitled to a
membership certificate, post nominal, and all other benefits and features
listed on the Site.
Pathway members are entitled to display their certificate and use the post
nominal throughout the duration of their subscription and must cease to use
these once the subscription ends.
you have purchased the Practitioner’s Pathway we warrant that we will procure TAI
Practitioners & Advisers Ltd (ABN 74 161 462 620) to provide you with the
benefits and features of the Practitioner’s Pathway including, but not limited
to access to CPDpro, provided that you meet all pre-requisite
requirements as advised by us from time to time.
5.1 In order to access and make use of the Services you
must create an Account using an email address and password. Before your first
use of the Account you will be required to create a username. Basic information
is required when creating an Account. You agree to provide accurate, current
and complete information during the registration process and to update such
information to keep it accurate, current and complete. It is your
responsibility to keep your Account details confidential. You are liable for
all activity on your Account.
5.2 The Account is personal to you. You acknowledge
that you will not disclose your Account details to any third party, will not
allow a third party to make use of your Account, will not log into your Account
on multiple computers/platforms simultaneously and will take sole
responsibility for any activities or actions under your Account, whether or not
those activities or actions have been authorised by you. You must immediately
notify us of any unauthorised use of your Account.
FEES, INVOICING AND PAYMENT
agree to pay us the Fees (if any), at the time of purchase, using the Payment
Method set out on the Site or advised by us. All
amounts are stated in Australian dollars. All
amounts include Australian GST (where applicable).
Fees are generally non-refundable, payable annually in advance and run from 1
May each year to 30 April the following year.
pricing structure, payment methods and these Terms may be amended from time to
time at our discretion. The pricing changes will apply to you for Services
provided to you after the expiry of these Terms.
you wish to extend your membership package, you will be required to notify us
at least 1 month prior to the common renewal date (30 April).
acknowledge and agree that you will only be entitled to renew your membership
the time of renewal and in the past 5 years, you have not:
convicted of any criminal or serious civil offence, or been subject to any
disciplinary action under the Corporations
Act 2001 (Cth), Superannuation
Industry (Supervision) Act 1993 (Cth) and any other relevant financial
subject to any disciplinary action or investigations by a professional
association or regulatory body, nor have had any restrictions or
disqualifications imposed on your professional status by any professional
association or regulatory body; and
declared bankrupt in your personal capacity or operated as an officer of a
corporate entity which has entered into external administration;
agree to continue to comply with our then current Terms and our constitution
you are a Practitioner Pathway member (including a fellow member or CPDpro
member of TAI Practitioners & Advisers Ltd), you agree that you:
complied and will continue to comply with the continuing practice education
requirements prescribed by TAI Practitioners & Advisers Ltd;
a current professional indemnity policy as prescribed by TAI Practitioners
& Advisers Ltd; and
continue to comply with the constitution and by-laws of TAI Practitioners &
that you meet the requirements set out in this clause 7, we will extend your membership
package for a period of 1 year and these Terms will continue.
YOUR OBLIGATIONS AND WARRANTIES
that you will not canvass,
employ, induce or attempt to employ, induce, solicit or entice away from us,
any employee or contractor that was employed by or contracted to us during the
term that we provide Services
to you or the prior 12 month period.
warrant that throughout the term of these Terms that:
hold all relevant educational and professional requirements to become our
are no legal restrictions preventing you from
agreeing to these Terms;
to cooperate with us, follow our reasonable instructions and provide us with information (including but not
limited to Account information), instructions, documents and feedback that is reasonably
necessary to enable us to provide the Services, as requested by us from time to
time, and comply with these requests in a timely manner;
authorise us to access your Account for the purpose of managing your Account,
including resetting passwords and updating your details and preferences;
you provide to us is true, correct and complete;
will not infringe any third party rights in working
with us and receiving the Services;
will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and
you will use all reasonable efforts to resolve your concerns;
responsible for obtaining any consents, licences and permissions from other
parties necessary for the Services to be provided, at your cost, and for providing
us with the necessary consents, licences and permissions;
will notify us immediately if you are subject to any of the events, or fail at
any time to comply with any of the requirements, set out in clause 7;
to the use of your name in relation to the Services in a way which may identify
applicable, you hold a valid ABN which has been
advised to us; and
applicable, you are registered for GST purposes.
OUR INTELLECTUAL PROPERTY
Materials contain material which is owned by or licensed to us and is protected
by Australian and international laws. We
own the Intellectual Property rights in the Materials including but not limited
to copyright which subsists in all creative and literary works incorporated
into our Materials.
agree that, as between you and us, we own all Intellectual Property rights in
our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual
Property rights in our Materials, except as stated in these Terms or with our
use of our Materials does not grant you a licence, or act as a right to use any
Intellectual Property in the Materials, whether registered or unregistered,
except as stated in these Terms or with our written permission.
must not breach our Intellectual Property rights by, including but not limited
or modifying any of the Materials;
derivative works from the Materials; or
our Materials for commercial purposes such as on-sale to third parties.
Our material licensed to you: We will license to you the Licensed
Material upon full payment of our invoices.
grant you a non-perpetual, non-exclusive,
revocable, Australia wide and non-transferable licence to use the Licensed Material for your own
personal and internal business use.
warrant that any documents or content we provide to you in editable format must
not be materially changed or provided to third parties without our written
permission. We are not responsible or liable for any changes that we did not
review or assent to.
further warrant that you will not provide the Licensed Materials to third
parties (including but not limited to your colleagues, employees and other
internal or external stakeholders) without obtaining our written permission,
which we may withhold in our absolute discretion.
clause will survive the termination of these Terms.
CONFIDENTIAL AND PERSONAL INFORMATION
our employees and contractors, agree not to disclose your personal
information to any third party (other than where necessary, to third party suppliers,
or as required by law); to use all reasonable endeavours to protect your
personal information from any unauthorised disclosure; only to use the personal
information for the purpose for which it was disclosed by you and ancillary
business purposes, and not for any other purpose.
your employees and contractors, agree not to disclose our
Confidential Information to any third party; to use all reasonable endeavours
to protect Confidential Information from any unauthorised disclosure; and only
to use the Confidential Information for the purpose for which it was disclosed
or provided by us to you, and not for any other purpose.
obligations do not apply to Confidential Information that:
authorised to be disclosed;
is in the
public domain and/or is no longer confidential, except as a result of breach of these Terms;
from a third party, except where there has been a breach of confidence; or
disclosed by law or by a regulatory authority including under subpoena.
clause will survive the termination of these Terms.
FEEDBACK AND DISPUTE RESOLUTION
feedback is important to us. We seek to resolve your concerns
quickly and effectively. If you have any
feedback or questions about the Services, please contact us.
is a dispute between the Parties in relation to these Terms, the Parties agree
to the following dispute resolution procedure:
complainant must tell the
respondent in writing, the nature of the dispute, what outcome the complainant
wants and what action the complainant thinks will settle the dispute. The Parties agree to communicate in good faith to seek to resolve the dispute by
agreement between them.
(b) If the Parties cannot
agree how to resolve the dispute at the initial meeting, any Party may refer
the matter to a mediator. If the Parties cannot agree on who the mediator
should be, the complainant will ask the Law Society of Victoria to appoint a
mediator. The mediator will decide the time and place for mediation. The
Parties must attend the mediation in good faith, to seek to resolve the
Any attempts made by the Parties to
resolve a dispute pursuant to this clause are without prejudice to other rights
or entitlements of the Parties under these Terms, by law or in equity.
clause will survive the termination of these Terms.
TERM AND TERMINATION
Terms will commence when you create an Account and/or pay the Fees (whichever
is earlier) and will automatically terminate on 30 April (unless otherwise
stated in these Terms) or earlier if terminated in accordance with this clause.
Party may terminate these Terms, if there has been a material breach of these
Terms, subject to the dispute resolution procedure in these Terms.
may terminate these Terms (and your membership package) immediately, at
our sole discretion,
(a) we consider that a request
for the Service or your continued use of the Services is inappropriate,
improper or unlawful;
(b) you fail to provide us with accurate,
complete, clear or timely information or instructions to enable us to provide
you fail to disclose any event or breach, or you
have breached or are subject to any of the events, set out in clause 7;
consider that our working relationship has broken down including a loss of
confidence and trust; or
(e) for any other reason outside our
control which has the effect of compromising our ability to Services to you.
termination of these Terms you agree that the Fees are not refundable to you.
termination of these Terms you agree to promptly return (where possible), or
delete or destroy (where not possible to return), our Confidential Information
and Intellectual Property, and/or documents containing or relating to our
Confidential Information and Intellectual Property.
completion of the Services, we will retain your personal information and
documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these
Terms constitutes your authority for us to retain or destroy documents in
accordance with the statutory periods, or on termination of these Terms.
The accrued rights, obligations and
remedies of the Parties are not affected by the termination of these Terms.
CONSUMER LAW, LIMITATION OF
LIABILITY AND DISCLAIMERS
ACL: If you are a consumer
as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the services remedied if they are not rendered with due care
and skill or they are not fit for purpose and the failure does not amount to a
major failure. To the extent we are able to exclude liability; our total
liability for loss or damage you suffer or incur from our Services is limited
to us re-supplying the Services to you, or, at our option, us refunding to you
the amount you have paid us for the Services to which your claim relates.
Delay: Where the provision of Services
depends on your information or response, we have no liability for delay or a
failure to provide the Services.
Referral: We may provide you with contact
details of third party specialists. This
is not a recommendation by us for you to seek their advice or to use their
services. We make no representation or
warranty about the third party advice or provision of services, and we disclaim
all responsibility and liability for the third party advice or provision of
services, or failure to advise or provide services.
Refund: In circumstances where you wish
to cancel the Services before expiry of these Terms, we may in our absolute
discretion refund the Fees paid by you on a pro-rata basis.
the extent permitted by law, we exclude all express
and implied warranties representations and guarantees and all material and work is provided
to you without warranties, representations and guarantees of any kind, either
express or implied. We expressly exclude all warranties including but not
limited to implied warranties of merchantability and fitness for a particular
the extent permitted by law, we exclude all liability for:
being unavailable; and
any Claims (whether direct, indirect, incidental,
special, consequential and/or incidental) for loss of profits, revenue, production,
opportunity, access to markets, goodwill, reputation or any loss or damage
relating to business interruption or otherwise, suffered by you
or made against you, arising
out of or in connection with your inability to access or use the Services or
the late supply of Services, even if we were expressly advised of the
likelihood of such loss or damage.
Limitation: To the extent permitted by law our
total liability arising out of or in connection with the Services, however
arising, including under contract, tort, including negligence, in equity,
under statute or otherwise, will not exceed the price paid by you under these Terms for the 12 month period prior to
the act which gave rise to the liability, or one hundred dollars (AUD$100) if
no such payments have been made.
clause will survive the termination of these Terms.
liable for and agree to indemnify, defend and hold us harmless for and against
any and all Claims, liabilities, suits, actions and expenses, including costs
of litigation and reasonable legal costs, resulting directly or indirectly
(a) any information provided by you that is not accurate, up to date
or complete or is misleading or a misrepresentation;
breach of these Terms;
(c) any misuse of the Services by you, your
employees, contractors or agents; and
breach of any law or third party rights.
You agree to co-operate with us (at your own expense) in the
handling of disputes, complaints, investigations or litigation that arise as a
result of your use of the Services including but not limited to disputes,
complaints, investigations or litigation that arises out of or relates to
incorrect information you have given us.
clause will survive the termination of these Terms.
Privacy: We agree to comply with the
legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other
applicable legislation or privacy guidelines.
Publicity: You consent to us advertising or
publically announcing that we have provided Services to you, including but not
limited to mentioning you on our Site and in our promotional material.
Email: You acknowledge that we are able
to send electronic mail to you and receive electronic mail from you. You
release us from any claim you may have as a result of any unauthorised copying,
recording, reading or interference with that document or information after
transmission, for any delay or non-delivery of any document or information and
for any damage caused to your system or any files by a transfer.
GST: If and when applicable, GST payable on the
Services will be set out on our invoices. By accepting these Terms, you agree
to pay us an amount equivalent to the GST imposed on these charges.
Relationship of parties: These Terms are not intended to
create a relationship between the parties of partnership, joint venture, or
Assignment: These Terms are personal to the
Parties. A Party must not assign or deal
with the whole or any part of its rights or obligations under these Terms
without the prior written consent of the other Party (such consent not to be
Severance: If any provision (or part of it)
under these Terms is held to be unenforceable or invalid in any jurisdiction,
then it will be interpreted as narrowly as necessary to allow it to be
enforceable or valid. If a provision (or part of it) under these Terms cannot
be interpreted as narrowly as necessary to allow it to be enforceable or valid,
then the provision (or part of it) must be severed from these Terms and the
remaining provisions (and remaining part of the provision) of these Terms are
valid and enforceable.
We will not be liable for any
delay or failure to perform our obligations under these Terms if such delay is
due to any circumstance beyond our reasonable
control. If we are delayed from performing our obligations due to such a
circumstance for a period of at least 2 months, we may terminate our agreement
with you by giving you 5 Business Days' notice in writing.
Any notice required or permitted to be given by either Party to the other under
these Terms will be in writing addressed to the Party’s nominated address. Any
notice may be sent by standard post or email, and notice will be deemed to have
been served on the expiry of 48 hours in the case of post, or at the time of
transmission in the case of transmission by email.
Jurisdiction & Applicable Law:
are governed by the laws of Victoria and the Commonwealth of Australia. Each Party
irrevocably and unconditionally submits to the exclusive jurisdiction of the
courts operating in Victoria.
Agreement: These Terms and any document
expressly referred to in them represent the entire agreement between you and us and
supersede any prior agreement, understanding or arrangement between you and us,
whether oral or in writing.
ACL means the Australian Consumer Law.
Account means the login which grants you
personalised access to the Site and content forming part of your nominated
membership package upon entering your designated username and password.
Business Day means a day which is not a
Saturday, Sunday or bank or public holiday in Victoria, Australia.
Claim/Claims includes a claim, notice,
demand, right, entitlement, action, proceeding, litigation, prosecution,
arbitration, investigation, judgment, award, damage, loss, cost, expense or
liability however arising, whether present, unascertained, immediate, future or
contingent, whether based in contract, tort or statute and whether involving a
third party or a Party to this agreement or otherwise.
Confidential Information includes confidential information about you, your credit card
or payment details, and the business, structure, programs, processes, methods,
operating procedures, activities, products and services, trade secrets, know
how, financial, accounting, marketing and technical information, customer and
supplier lists (including prospective customer and supplier information),
ideas, concepts, technology, and other information of either Party whether or
not such information is reduced to a tangible form or marked in writing as
Fees means the fees payable in respect of a
membership package as set out on the Site.
GST means GST as defined in the A New Tax System (Goods and Services Tax)
Act 1999 (Cth) as amended from time to time or any replacement or other
relevant legislation and regulations.
Intellectual Property includes any and all present and future rights to intellectual
and industrial property throughout the world, and includes all copyright and
analogous rights, all rights in relation to inventions (including patent rights), patents, improvements,
registered and unregistered trademarks, designs, any corresponding property rights under the
laws of any jurisdiction, discoveries,
circuit layouts, trade names, trade secrets, secret processes, know-how,
concepts, ideas, information, processes, data or formulae, business names, company
names or internet domain names, and any Confidential Information.
Licensed Material means the content,
information, materials, newsletters, summaries, manuals, guides, podcasts,
webinars, videos and other digital and hardcopy publications we make available
to you as a part of your membership package in the course of providing Services
Materials means work and materials that we
provide to you in carrying out the Services.
Payment Method means electronic funds transfer,
credit card, debit card, cheque, money order, or such other merchant facility
advised by us.
Practitioner’s Pathway means the premium plug-in
membership for practitioners registered with the Tax Practitioner’s Board, as
listed on the Site.
Services means membership of Tax
Australia Ltd t/as Tax & Super Australia (ABN 96 075 950 284) as a Trial
Membership, professional membership, practice membership or Practitioner’s
Pathway package, the benefits of each of which are listed on the Site from time
to time. Services will be provided in a digital and/or hardcopy format as
indicated on the Site.
Site means our website at www.taxandsuperaustralia.com.au
Terms means these terms and conditions.
Trial Membership means the 30 day free membership
package trial offer set out on the Site, commencing on the date you accept
Variation means upgrading from
the professional membership package to the practice membership package or
requesting additional user licenses as a part of a previously purchased practice
Variation Fee means the additional
cost for upgrading from the professional membership package to the practice membership
package or requesting additional user licenses as a part of a previously
purchased practice membership package.
Need more information? Click here to view membership benefits or get in touch to discuss how being a member can help you in your role.