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Effective date: 15 July 2020
1. Introduction
Welcome to the Freshwater Taxation website located on freshwatertaxation.com.au (“Site” or “Website”).
This website is owned by Freshwater Taxation (Tax Agent Number: 26068859) and operated from Sydney, Australia. Throughout the Site, the terms “we”, “us”, “freshwatertaxation.co.au”, and “our” refer to Freshwater Taxation. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or using/purchasing our services, you (“Client”) agree to be bound by the following terms and conditions (“Terms”), including those additional Terms and Conditions and policies referenced herein and/or available here. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.
2. Permitted Use
You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
3. Freshwater Taxation Services
Freshwater Taxation provides Taxation services to individuals and businesses throughout Australia. Complete details on the services provided by Freshwater Taxation can be viewed on our Site freshwatertaxation.com.au. Freshwater Taxation provides taxation services only. No lawyer-client relationship exists from the tax services provided by Freshwater Taxation. To engage Freshwater Taxation, you are required to read and accept the terms and conditions provided here.
4. Client Responsibilities
It is your responsibility to provide all the information that we require for the preparation of complete and accurate returns. This includes, but is not limited to, all tax forms received from employers, financial institutions, and investment vehicles, as well as substantiation of all other income and expenses. We cannot and do not conduct investigations or audits of income and expenses. We rely on you to provide full disclosure of your income and expenses. You should retain all documents, canceled checks, receipts, and other data that form the basis of income and deductions. You have the final responsibility for the income tax returns.
5. Pricing Policy
All amounts shown on the Freshwater Taxation website are in Australian Dollars. The prices are exclusive of a 1.75% finance fee that is charged to us by our bank. We will provide you with an additional quote if we envisage that significant extra time/charges are required on any task.
Please note that we reserve the right to change/increase the price of our services at sole discretion.
6. Confidentiality
We will not disclose any of your privileged information, unless required by law, without written instructions from you.
7. Accounts, Registrations and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. Users can view their past submissions, update their details and download forms and use other features of the site after becoming a member.
If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Freshwater Taxation is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Freshwater Taxation. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Freshwater Taxation immediately of any breach of security or unauthorised use of your account. Freshwater Taxation cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
8. Privacy
Freshwater Taxation is committed to protecting your privacy online.
Our site collects Personal information for the purpose of providing taxation services. It is used for such purposes as responding to your requests for certain information and services, customising your experience, and communicating with you about the Services. We also use Personal Information for creating your individual account, customising your experience, and for sending you notifications via the Services.
Throughout the Freshwater Taxation Site, users and businesses are required to complete a range of forms which includes their personal information. We may also collect billing/card information through some of our forms. Freshwater Taxation reserves the right to send clients important information via email or by telephone which can include updates on their submission, important tax deadlines and other marketing communication.
9. Limited License and Site Access; Acceptable Use
You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
10. Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by Australian and International Intellectual Property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties.
11. Monitoring Activity
FRESHWATER TAXATION has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. FRESHWATER TAXATION has no obligation to display or post any content. FRESHWATER TAXATION, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. FRESHWATER TAXATION shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by FRESHWATER TAXATION or any other party.
12. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FRESHWATER TAXATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
13. Limitation of Liability
You agree that in no event shall Freshwater Taxation be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Freshwater Taxation’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
14. Indemnification
You agree to indemnify and hold Freshwater Taxation and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
15. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
17. Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
18. Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
19. Security
When you enter sensitive information (such as a credit card number), we encrypt the transmission of that information using secure socket layer technology (SSL).
Freshwater Taxation endeavours to keep your information private; however, we cannot guarantee security. Unauthorised entry or use, hardware or software failure, and other factors may compromise the security of user information.
20. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Freshwater Taxation concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Freshwater Taxation’s right to act concerning subsequent or similar breaches.
21. Termination
You may terminate this Agreement at any time. In the event that you terminate this Agreement, you agree to pay for all work performed to the date of termination. We reserve the right to terminate this Agreement for failure to provide accurate documentation within a timely manner after requested by us; inconsistencies between your verbal or written statements and the documentation provided, unless explained to our satisfaction; repeated missed or late appointments without; or if we determine, in our professional judgment, that a tax position has no reasonable basis, we inform you of this, and you instruct us to take such position notwithstanding our determination. In the event that we terminate this Agreement for any of the above-stated reasons, you agree to pay for all work performed to the date of termination. We further reserve the right to terminate this Agreement if, in our professional judgment, we are not competent to prepare your return due to the complexity of your tax issues. In the event that we terminate this Agreement due to the complexity of the tax issues involved, we will return any amounts paid to date, and you will not be responsible for payment for any work performed.
22. Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email on [email protected]. For correspondence:
Freshwater Taxation – Tax Agent Number: 26068859
Level 24, Tower 3
Three International Towers
300 Barangaroo Avenue
Sydney NSW 2000
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Tax Agent Number: 26068859
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