TFN Tax File Number Australia | Terms and Conditions

Terms and Conditions of taxfilenumberonline.com.au

These Terms govern:

the use of this Website, and,
any other related Agreement or legal relationship with the Owner

in a legally binding way.

Capitalised words are defined in the relevant dedicated section of this document.

The User (You) must read this document carefully.

This Website is provided by:

Zibia PTY LTD
Level 2, 65-71 Belmore Road,
Randwick NSW 2031,
ACN 628432333 ABN 34628432333

Owner contact email: info@taxfilenumberonline.com.au

Definitions

Definitions and legal references

This Website (or this Application): The property that enables the provision of the Service.

Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User: Any User that does not qualify as a Consumer.

European (or Europe): Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We): Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product: A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.

Service: The service provided by this Website as described in these Terms and on this Website.

Terms: All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You): Indicates any natural person or legal entity using this Website and/or its services.

Consumer: Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

What the User should know at a glance

By using Taxfilenumberonline.com.au, you accept and agree to be bound by the Terms, which forms a binding contractual agreement between you and us. We provide serve by lodging an application to register tax file number on your behalf, based on information provided by you or your representative, and/or registering a business name, and/or renewing a business name (“Services”). The Service ordered by you or your representative, directly or indirectly, whether or not provided through or using the medium of this Website, is subject to these terms and conditions. Do not use this Website or order Services from us if you do not agree with these Terms.

If you are a professional adviser, you warrant that you are duly authorised by your client to use this Website and order our Services. We accept no responsibility for any loss or damage arising directly or indirectly from failure to obtain proper authorisation.

We may change these Terms from time from time by updating this page of the Website, by continuously using the Website, you agree to be bound by the updated Terms .

Usage of this Website and the Service is age restricted, as detailed in the relevant section of this document.

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Minors may access this Website and use its Service only under parental or adult supervision.

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be older than 16;
Minors may only use this Website under parental or adult supervision;

1. Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

2. Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be older than 16;
Minors may only use this Website under parental or adult supervision;

3. Content on this Website

Unless where otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

5. Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

6. Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

7. Our Services

7.1 Your acknowledgement

You agree that our Service is strictly limited to lodging an application to register tax file number on your behalf, and/or registering a business name, and/or renewing a business name, based on information provided by you or your representative.

You agree that we do not provide tax, legal or financial advice.

In order for us to carry out the Service, you authorize us (through our corresponding division) or our nominated representative as: your agent, acting on your behalf ONLY in the process of providing the Services.

We do not help you of their suitability or appropriateness of these Services for your unique needs. You must be sure the services that you get via the Website are all acceptable for your unique requirements. If you’re looking for further information or guidance, you should contact your accountant or lawyer, the Australian Taxation Office (ATO), or even the Australian Securities and Investment Commission (ASIC).

Although our team consist of professional Tax Agents and accountants, we do not provide, or promise to offer, legal or financial information. Our scope of services does not include bookkeeping or legal counseling.

Your utilization of our online TFN and Business Title enrollment applications is regarded as an agreement that any information you supply is complete, accurate and up-to-date. Supplying the ATO or even ASIC without any deceptive or false information is an offence. It is the obligation to inform us of any changes to your own information, that you can do with contacting us at info@taxfilenumberonline.com.au.

We reserve the right to ask that you verify your identity in accordance with those Terms by giving us with a kind of identification at any moment.

At the event that you provide us with incorrect information, neither we (nor some of our licensed representatives) will be responsible for any charges, damages or loss that arise in connection with that information.

The goal of this site is to provide you with concise and clear info. We are not liable in the event that you misinterpret such info. If you require clarification about some one of our advice, please get in touch with us.

We aim to start work on your own TFN registration application after we receive them from you. You authorize us (through our corresponding division) or our nominated representative to behave as:

– Your registered tax agent, acting in your own behalf on your TFN application; and
– Your own ASIC registered representative, if relevant, functioning on your behalf, on your Tax File Number application.

7.2 TFN registration process – Foreign nationals

We will use mobile and electronic communication methods while communicating with the ATO on your own behalf as part of our enrolled tax agent solutions.

Sometimes, it may be impossible for people to set up to the ATO to process your own TFN registration application instantly through our electronic system. In these scenarios, we will examine your application and also will manually apply to a TFN on your behalf. In a few cases, and pertaining to the specifics of an individual client’s application, the ATO stipulates a waiting period of up to 28 days after the application form will be filed before we can contact them to resolve any issues.

When the ATO rejects your application, it may be due to one of the following reasons:

– The supplied information is inconsistent with information already held by ATO

– You currently have, have previously applied for, or have previously been rejected when applying for a TFN; or

– There are issues with the ATO processing system, including, but not restricted to, maintenance difficulties or system downtime.

In case that the ATO rejects your application, we’ll contact you and explain different options available to you. If you decide you do not want to proceed, your TFN application will be cancelled.

We will notify you know after your TFN or your TFN documentation is issued.

*Please note that ATO may post documents including your TFN to the postal address provided by you. If the address you provide is incorrect, you may not receive the documents. In that case, ATO may send your documents directly to us. We will endeavour to send you a scanned copy of your TFN.

*Please note that it is your responsibility to ensure your postal address is correct and up to date. We do not take responsibilities to forward/respond to any correspondence sent by ATO to us in relation to you.

7.3 TFN registration process – Australian nationals

We will use mobile and electronic communication methods while communicating with the ATO on your own behalf as part of our enrolled tax agent solutions.

We will submit your application to the ATO on your behalf. In order to complete your application, you will need to print the confirmation and verify your identity in selected Australia’ s post offices that provide identity ATO verification services for individuals. Your application cannot be processed until you complete this step. To find the full list of offices please click here: https://auspost.com.au/locate/?services=66.

After you verify your identity, your application will be automatically progressed with the ATO and you will be receiving further communication directly from them.

IF the ATO rejects your application, it may be due to one of the following reasons:

– The supplied information is inconsistent with information already held by ATO

– You currently have, have previously applied for, or have previously been rejected when applying for a TFN; or

– There are issues with the ATO processing system, including, but not restricted to, maintenance difficulties or system downtime.

In case that the ATO rejects your application, please contact them to discuss different options available to you. If you decide you do not want to proceed, your TFN application will be cancelled.

7.4. Business Name registration process – No guarantee of your results

Any Business Name availability checks conducted using the Website’s Registration Form are dependent on the ASIC business name register (ASIC Register). We will not be held responsible if the ASIC Register system experiences technical problems, including maintenance or downtime, or for omissions or errors in the ASIC Register.

If the Business Name application form availability check reveals your Business Name is not available, your application for that Business Name will be terminated. If for any reason the ASIC Register is unavailable, and you still want to proceed, we can manually submit your Business Name application.

In the event of a manual application, we are unable to check the availability of your chosen Business Name using the ASIC Register. If your Business Name is not available, you can decide whether to:

- - Select an alternative business name; or
  - Receive a full application fee refund from us, minus the Administration Charge.
    - If we notify you that your Business Name is not available, and you do not request a different business name within 10 days of this notification, we will issue the refund as detailed above.
    - Submitting a Business Name application via the Website does not guarantee successful registration of the Business Name. We are unable to provide any guarantees regarding the registration of your Business Name.
    - If ASIC needs to manually review your Business Name, the registration of your Business Name may be delayed, or may not be successful.
    - The ASIC Register Business Name availability check is conducted on the date we receive your Business Name application.
    - We endeavor to file your Business Name application with ASIC as soon as possible after we receive your application. We will notify you if your desired Business Name is not available when we submit your Business Name application, in order that you can choose an alternative Business Name. We will not be held liable for any costs, damage or direct or indirect losses incurred by you due as a result of your Business Name’s unavailability for registration.
    - You recognize that registering a Business Name does not stop third parties registering a similar trade mark, business or company name, or using a similar name as an unregistered trade mark.
    - If, for any reason, ASIC rejects or queries your Business Name application, we will liaise with ASIC on your behalf in an attempt to resolve problems that have arisen with your application. We will notify you of the reasons your application failed, and will discuss possible solutions with you wherever possible.
    - If ASIC must manually review your application, we may require further evidence from you that supports your right to use certain terms. We will notify you of our requirements, and request you provide all requested information within a specified time period. If you fail to comply, we may discontinue your Business Name application.
    - If you wish to seek a review of an ASIC decision, you must lodge an objection within 28 days of the date of the ASIC notice.
    - We will act on your behalf and seek to overcome any objections, but cannot make any guarantees of success. In the event that your objection is unsuccessful, your Business Name application will be canceled, and your application fee refunded in full.
    - You must obtain an ABN before registering a Business Name. If you fail to obtain an ABN, we may not be able to successfully complete your Business Name registration.

8. Order submission

We provide and ONLY provide the Service for a fee of $99, By clicking the “Submit TFN Application” button, you complete the ordering of the Service and is liable to pay our fee.

9. No checking service

You agree that we lodge your application solely based on information you provide. Prior to lodging the application, we do not check information provided by you for errors. It is your sole obligation to ensure that any information you give to Taxfilenumberonline.com.au is complete, accurate, honest and up-to-date.

10. Change of your information

ATO, ASIC and other Authorities may contact you or send notifications to you time from time in accordance with the contact details provided on your application form. You are obliged by law to notify any change of your information and contact details to the Authorities. Please be aware that supplying the ATO or ASIC with false or misleading information is a federal offence and may be liable for penalties. If your information is changed after you submit your application, you can update your information by sending email to us: info@taxfilenumberonline.com.au, and we will update the change to the Authorities on behalf of you.

11. Further requisition

We reserve the rights to contact you to verify your identity at any time. You are obliged to answer further questions in relation to your personal details and the nature of your business to assistant us with your TFN registration application. We may do so by contacting you by emails, phone calls or other communication means.

12. Release of Liability

You agree that we are not responsible for the content of any information provided by you, any responses to any requisitions or any error or mistake that you make, or any misunderstanding or lack of understanding of the information or our questions, or how to answer them. You agree to release us from all liability for any direct or consequential loss or damage arising out of or in connection with information you provided that is not accurate, complete or up-to-date.

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

Fees and disbursements

13. Fees

Unless it has been otherwise noted in the Terms listed, any fees and charges payable to us are to be paid by users on submission of the TFN application, renewal form, ABN and/or a Business Name registration application form. A user’s registration application form or their renewal form will not be successfully submitted until the user has paid all the necessary fees and charges.

All payable fees and charges are to be in Australian dollars, unless it has been specified otherwise, as follows:

TFN Application representation service: $99 incl GST

Business Name Registration 1 year – $199 incl GST

Business Name Registration 3 years – $299 incl GST

Our service fees include goods and services tax (GST)

Fees payable to the ATO and ASIC during the provision of our services are exempt from GST as government charges are not subjected to GST.

14. Refunds

We will not offer refunds of fees paid in relation to our Services, to the extent permitted by law, except in the following circumstances:

Immediately after you submit your TFN registration application on our Website, you advise us that you decide to withdraw your TFN application. If your application process has not been processed by our staff or our system, we may offer you a discretional refund after reasonable deduction of a reasonable administration cost.
You submitted an TFN application which has been put on hold and you decide to withdraw the application. In this case, we may, on our discretion, offer you a 50% refund if no further costs of service are generated.
If we receive any refund of your paid disbursement from government agencies or authorities, we will inform you and process the refund to your designated account as soon as practical.

We may apply the above refund to off-set the amount you owe to us in connection with this agreement.

15. Chargebacks

Disputes and chargebacks filed with your bank or/and with your credit card company will be considered as a breach of the Terms and Conditions. As such, we will no longer be representing you as your TAX agent and will immediately proceed to revoke and terminate any ABN, Business Name, TFN or GST registration filed by us on your behalf should this scenario occur.

16. Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

17. Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

18. Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Common provisions

19. No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

20. Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).

21. Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

22. Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

23. Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

24. Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

25. Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

26. No Tax, Legal or Financial Advice

We do not and will not provide professional tax, legal or financial advice of any kind. All information provided by the Website is generic public information we took from relevant authorities, including information that is:

provided on the Website;
being whole or part of our Services; or
provided by our staff via the Website, email, telephone, or by any other manners of correspondence and communication.

During the process of providing our Service, we may lodge application to relevant authority on behalf of you. Your application is solely based on information provided by you or your representative.

It is your responsibility to ensure that information provided by you is accurate, complete and update to date at the time of the lodgement. We do not accept any liability arising from or in relation to inaccurate, incomplete or outdate information provided by you.

Before using this Website, we strongly suggest you obtain legal, financial, investment or other professional advice; or directly contact government agencies, such as Australian Securities and Investment Commission (ASIC), Australian Taxation Office (ATO), etc. (the ‘Authorities’)

By not seeking such advice, you accept the risk that the information on the Website, contained in the Services or provided by our staff may not meet the specific needs of your business. Without seeking professional advice, you may also at your own risk that you may mis-interpret some information on this Website.

27. Your rights

You agree not to:

Use any of the Website Content for any purpose purposes other than registering a tax file number of your own or as a representative for another individual or entity.
Translate, reverse engineer, adjust or alter any part of the Website;
License, print or offer the Content to use on another internet site;
Modify or edit the Content in any shape, way of form;
Links to this Website from another web site without our written consent;
Amend or eliminate some of the trademarks, copyrights or proprietary fields of the Website;
Utilize any manual process or automatic device, for example spiders and robots, to reproduce or monitor the Content without our written consent;
Endeavor to influence the working order of the Website in any way, including with the use of any apparatus or software.

28. Intellectual property rights

We and our licensors own the intellectual property rights of all Content and information, and also the arrangement of all Content.

It is forbidden to duplicate, publicly transmit, change, delete or replicate the information without our express permission, except regarding storage or printing for personal or different special use permitted under copyright law.

You must not use trade marks, logos and product titles of the Website and its Content without express written consent from either us or the relevant rights holder.

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

29. Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

30. Accuracy of information

This Website and its Content are provided for display purpose only. While we endeavour to ensure each of Website information is complete, accurate, and current, we do not make any warranties in regard to the reliability, completeness, currency, or accuracy of this Content.

31. Website Availability

We do our best to make sure the Website, including its own Content, performance, functionality and features, is always available, however we don’t assert nor guarantee that access will soon be without any errors or uninterrupted. Nor do we represent that the site or its related host is virus- free or bug-free, or free of other interference or harmful software. It is your duty to perform decent virus tests and to make sure adequate procedures are in place to fulfill your own requirements.
In case of system failure, maintenance, repairs or any other reasons beyond our control affecting the site, we may suspend your Website access without any prior notice.

32, Limitation of liability

This Website serves as a conduit ONLY to organise information provided by you and then send the information to the relevant authorities to make the relevant application. As such, you agree that we are not liable for any damage of loss arising out from or in connection with the information you provide. You also agree that we are not liable for any mistake, error or negligence on your part or relevant third party agencies’ part.

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Australian Users:

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

You agree that we are not liable for any damage and loss resulting from any computer virus or spyware not intentionally transmitted from our Website to your device or any third party computer.

You also agree that we are not liable for any damage and loss resulting from interruption of usage of this Website, Content or Services.

US Users:

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

33. Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

34. Alternative Party Sites

The Website may include links be on other Websites that are neither maintained nor commanded by us (Third Party Sites).

Such links to Third Party Sites are given only for the convenience and, to the maximum extent permitted by law, so we will not be held accountable for their content.

Thirdparty Site links don’t imply that:

The Third Party Site is affiliated with us whatsoever;
The Third Party Site has legal authority to make use of our logos, copyright, trademarks or trade names; or
We make no warranties, representations or undertakings pertaining to information available through or on any Third Party Website.

35. Termination

We reserve the right to terminate this agreement in the event that you breach any of the Terms.

36. Governing Law

This agreement is governed by the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in respect of any proceedings in connection with this agreement .

Any provision of this agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction. This agreement embodies the entire agreement between the parties with respect to the subject matter of this agreement and supersedes any prior negotiation, arrangement, understanding or agreement with respect to the subject matter or any term of this agreement.

37. Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 7 days of receiving it.