Terms and Conditions.

Terms and Conditions.

Acceptance
If you visit this website, or use any service provided by us, the following terms and conditions apply to your activities or use at all times and are binding upon you. By visiting our website, or using our services, you agree and accept all of these terms and conditions. Any service or product ordered by you, or provided to you, whether or not provided through or using the medium of this website, is subject to these terms and conditions.

We recommend that you speak to your professional adviser before using this website or ordering any of our products or services.

It is your responsibility to:

  • familiarise yourself with the products or services you order or are supplied;
  • correctly sign and date all relevant documentation.

We accept no responsibility for any loss or damage arising out of your failure to do so.

If you are a professional adviser using this website or ordering products or services, you represent that you are properly authorised by your client and have current instructions to do so. We accept no responsibility for any loss or damage arising directly or indirectly from any failure to obtain proper authorisation.

Definitions
Whenever used in these terms and conditions and on this website:

  • "we", "us" and "our" refer to Australian Company Incorporation Services Pty Ltd ABN 47 131 906 851 and its associated companies, agents, officers, and advisers.
  • "you" refers to the person visiting our website or using any of our services. If you are visiting this website or using any of our services as an agent, employee or adviser for any other person, the expression includes each and every such other person or persons. Each such person or persons is or are bound by these terms and conditions accordingly;
  • singular words include the plural and vice versa;
  • all prices and payment amounts are denoted in Australian dollars.

Amendments
We reserve the right to amend these terms and conditions, from time to time, without notice to you or to any other person. Any amended terms and conditions become binding immediately they are posted on our website.

Acknowledgement
We engage lawyers to draft and prepare our standard documentation. All reasonable measures are taken to ensure that they are up-to-date, accurate and relevant or appropriate according to the category of document that you order. All documents prepared by our lawyers are subject to these terms and conditions.

Disclaimer
By visiting this website or using any of our services, you agree and acknowledge that:

  • neither we nor any of our associated entities is a law firm or qualified legal adviser;
  • neither we nor any of our associated entities can give you legal or any other type of advice;
  • neither we nor any of our associated entities provide advice in relation to superannuation, taxation, stamp duty or any other matter;
  • neither we nor any of our associated entities purport to give advice in relation to the services or documents we provide, nor should you construe anything in any documents or any conversation or correspondence as advice of any kind;
  • where information is provided to you, whether or not it is provided in response to your questions or enquiries, that information is not advice;
  • we have not considered your needs or requirements in using our services or ordering products from us and no warranty is extended or implied that any service or product is appropriate for your intended use or needs;
  • the legal, commercial and taxation effects of a product vary and a product's suitability will, therefore, vary according to particular circumstances;
  • your intended purpose for the product you order is known only to you. We assume no responsibility for your choice of product or service;
  • we recommend that you obtain professional advice regarding the appropriateness or suitability of any service or product you access using our service. This includes consulting a lawyer concerning whether a service, document or product is appropriate or is suitable for your specific needs or its legal, taxation and commercial implications, an accounting professional regarding its accounting and taxation implications and/or a financial planner regarding its financial planning implications;
  • our standard documents are generic only and are not tailored to your specific requirements;
  • We accept no responsibility for any loss or damage, however caused (including through negligence or fraud), which you may suffer, directly or indirectly, in connection with your use of our website. We accept no responsibility for any such loss arising out of your use of, or reliance on, information contained in or accessed through this website or otherwise;
  • We accept no responsibility for any loss or damage, however caused (including through negligence or fraud), which you may suffer, directly or indirectly, arising out of any unauthorised access to our website by any person using your log in or password details, or those of any other person.

You provide some information
All orders are carefully examined by several sets of human eyes. We will take all reasonable steps to ensure the accuracy of the information you provide to us and to check with you in relation to information that is inconsistent or appears incorrect. Other automated systems will not verify the information provided or alert you to potential discrepancies in information provided by you because there is no human contact or checking. These issues can cause significant delays and unnecessary cost in order to correct them. When dealing with banks, insurers, government departments and other institutions, a high degree is insisted upon by them when interacting with your business entities.

However, while all efforts will be made by us to ensure accuracy, we rely on you to provide information to complete many or our products and services. Where you have provided such information, you agree and acknowledge that:

  • some of the provisions in our documents are included because you have provided information to us, requested specific inclusions or you have responded to specific questions in a particular way; and
  • you accept sole responsibility for all information provided by you, or incorporated or used in a document or product arising directly or indirectly from that information, and/or your responses to questions raised by us; and
  • we accept no responsibility for any information provided by you, any responses to questions raised by us or any error or mistake that you make in providing that information or responses, or any misunderstanding or lack of understanding of the information or our questions, or how to answer them.

Platform Integrations
We provide platform integrations with some third party service providers to enable efficiencies in your practice. We access information provided by those third party providers from time to time where that information is provided to them by you.

We use information obtained in this way only for purposes for which the third party provider is authorised to use and supply that information. We do not share any of this information or use it for other purposes.

Any information we receive or obtain this way is subject to our Privacy Policy.

We and our third party providers make all reasonable efforts to ensure that these services are available. Where delays occur in transmission, those services will be made available at the earliest practical time.

The provision of information collect this way and the use of our systems to access that information is on an as is, where is basis and at your own risk.

We do not verify the accuracy of any information provided to us by third parties and rely solely on the accuracy of the information you or your clients have supplied to them.

The provision to us of this information should not be construed as an endorsement, approval or recommendation by us, and information is provided for convenience only.

However, to the extent permitted by law, and to the extent we are unable to seek recourse from the relevant third party supplier, we will not be liable in any way for

  • any loss, damage or liability suffered by you through your use of our or the third party supplier's services or our access to the information.
  • errors, omissions or changes to the information supplied or retained by those suppliers or corresponding components of third party supplied information.
  • failures or delays in transmission of information.

You acknowledge that:

  • You are authorised to use the services of the third party providers with whom we integrate and to access the information that you or your clients have provided to them (whether that information is your own or that of anyone else).
  • We will assume that you have the right to do so and that you will be liable for your actions or omissions (including any breach of these terms and conditions).

The intellectual property and/or know-how used in or incorporated in any product or services provided to or accessed by you is ours and remains with us regardless of your order or the use to which you put our products or services. You have no claim, or right to claim, any interest or property right over, or in relation to, any product or services provided or accessed by you, and no ownership in the copyright or other right in the documents that you order.

Contents
It is your responsibility to:

  • familiarise yourself with the contents of any product or service we provide;
  • ensure that the contents of any product or service we provide is appropriate for your or your client’s circumstances;
  • sign and date documents properly and validly.

We accept no responsibility for any loss or damage arising out of your failure to do so.

Indemnity
By using our website or ordering or using any product or service, you agree to indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or any third party suffers directly or indirectly as a result of:

  • a product or service being inappropriate or unsuitable for your intended purpose or not suiting your or your client’s relevant circumstances;
  • you or your client failing to obtain professional advice from a lawyer, accountant, financial planner or other professional adviser about the products or services we supply to you, or as to whether any of them is appropriate or suitable for your intended purpose or your or your client’s relevant circumstances;
  • any information provided to us or a failure by any person to fully and accurately complete any order or request for a product or service;
  • any breach of or any failure to observe or carry out any action required of you in accordance with any of these terms and conditions or otherwise.

Licence
We will provide you with a non-exclusive, non-transferrable licence to order products on these terms and conditions and provided you pay our fees as required by these terms and conditions. This licence permits you to order and use a particular product or service only for the specific instance it was ordered and for the specific purpose it was ordered and no other.

Unauthorised usage of any product or service provided by us is prohibited and terminates the licence. You must not:

  • use any product or service supplied or any part of either to create another product or service or in connection with any other document;
  • use any product or service supplied or any part of either for any purpose other than the specific purpose and occasion for which either was ordered;
  • copy, reproduce or change any product or service supplied or any part of either except for the proper purposes of the entity or transaction relevant to them;
  • represent that any product or service supplied or any part of either was produced or created by you or any other person (except us) unless specifically authorized to do so.

Copyright
Copyright in this website and all products and services provided by us is owned or licensed by us and/or our associates and advisers. Unless expressly authorised by these terms and conditions, you must not, without our written consent, in any form or by any means reproduce, copy, publish, print or distribute any part of this website or any content made available through this website except for the proper purposes to which it relates.

The intellectual property and/or know-how used in or incorporated in any product or services provided to or accessed by you is ours and remains with us regardless of your order or the use to which you put our products or services. You have no claim, or right to claim, any interest or property right over, or in relation to, any product or services provided or accessed by you, and no ownership in the copyright or other right in the documents that you order.

Availability
We may withdraw access to this website and your information for any reason and without notice including (without limitation) if:

  • your account is or becomes inactive;
  • electronic or other equipment malfunctions or is otherwise unavailable at any time for use;
  • your account remains unpaid beyond our normal payment terms;
  • we believe that the security of this website may have been compromised; or
  • we believe that this website or any content available through it is being used for improper or unauthorised purposes.

Password
You must keep your user information and password secure. Failure to do so may result in loss to you. We will not be responsible for:

  1. the failure or omission of any person which results in any password or other sensitive information being used by any person;
  2. any loss or damage however caused (including through negligence or fraud) which you may suffer directly or indirectly arising out of any:
    • unauthorised access to this website by any person using your log in or password details or those of any other person;
    • alterations to any of your details made by any person using your log in or password details or those of any other person,

whether we have notice of any such use or not.

Limited liability
Where statutory warranties cannot be excluded or to the extent that implied warranties and conditions cannot be excluded, our liability will be limited to:

  • repayment of the fee charged to you for a particular product or service;
  • the provision of a replacement product or service;
  • the amendment, at our cost, of the product or service; or
  • the payment of the direct cost of any of the above.

Unless prohibited by law, our liability for negligent act or omission is limited to those costs or charges listed above. Any liability to you for any matter related to the provision of any product or services or to the subject matter of these terms and conditions does not include any special, indirect, incidental or consequential damages or loss of profits. Any such liability will not exceed the total invoiced cost relating to the product or services that have directly caused a loss or damage to you. We give no warranty that our website or any service provided through it will be uninterrupted or that any of them is free from any virus, infection, malicious code or error.