1. PURPOSE & APPLICATION
1.1. These Terms of Use apply to Our Services and are incorporated into all Orders placed on the Website and all Tax Invoices issued through the Website.
1.2. You will be deemed to have accepted these Terms of Use when you use our Website and when you place an Order.
2. GOVERNING LAW & AUSTRALIAN CONSUMER LAW
2.1. These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia and no provision is intended to exclude, restrict or modify rights which you have under the ACL or any other law.
2.2. If any provision of these Terms of Use is held illegal or unenforceable, then such illegality or unenforceability will not affect the remaining provisions which will remain in full force and effect.
3. OUR SERVICES
3.1. In order to use Our Services, you will be required to create an account on our Website. When you register and activate your account, you will be required to provide us with personal information such as your name, email address, postal address and telephone number. You must ensure this information is accurate and complete.
3.2. You are responsible for maintaining the confidentiality of your password, account details and any activities that occur under your account. You agree to notify us immediately upon any unathorised use of your account. You agree to indemnify us for any losses we incur due to unauthorised access and use of your account.
3.3. To place an Order, you will need to complete an online form for each of Our Services. You must ensure all of the information that you complete on each form is correct as this information will form the basis upon which Our Services are provided.
3.4. When you place an Order, you can choose to pay the Price upfront or you can request a Tax Invoice from us. If you choose to pay the Price upfront, you will be directed to an external payment gateway to pay with a credit card.
4. CANCELLATION
4.1. If you cancel an Order before we prepare the documents relating to Our Services, we will refund the Price to you.
4.2. If you cancel an Order after we have commenced preparing the documents relating to Our Services, we will refund the Price but may, before doing so, deduct an amount representing the amount of work we have completed on Our Services.
4.3. If we believe that we will be unable to prepare Our Services within a reasonable time or at all due to circumstances beyond our reasonable control, we may, without penalty or liability, cancel the Order, in which case, we will refund you the Price.
5. WARRANTIES
5.1. We warrant that Our Services comply with the guarantees that apply compulsorily under the ACL.
5.2. To the extent permitted by law, all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms of Use are expressly excluded.
5.3. If you are a Consumer and Our Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, you agree that our liability for a failure to comply with a consumer guarantee under the ACL in relation to that service is limited, at our option, to one or more of the following:
5.3.1. supplying Our Services again; or
5.3.2. the payment of the cost of having a similar service provided to you.
5.4. If you are not a Consumer, to the extent permitted by law, we will not be liable in any circumstances for any loss or damage (including indirect or Consequential Loss) to any property or person resulting from the provision or delay in provision of Our Services.
6. INDEMNITY
You agree to indemnify us and hold us harmless against any expenses, costs, loss (including Consequential Loss) or damage that we suffer as a result of or in connection with your use of our Website or the provision of Our Services.
7. LIMITATION OF LIABILITY
7.1. Unless we are engaged to do so, we take no responsibility and will accept no liability for ensuring documents provided as a part of Our Services are executed correctly, stored safely or duly stamped with duty or any taxes or fees as required by the law.
7.2. Unless such liability cannot be excluded by virtue of the ACL or any other law, we will not be liable in any circumstances for any loss (including Consequential Loss) or damage to any person or property whatsoever arising from:
7.2.1. reliance on information on the Website;
7.2.2. a security breach on the Website;
7.2.3. the use of your account, including unauthorised access or use;
7.2.4. your use of the Website or any of its content;
7.2.5. Our Services; or
7.2.6. any failure by you to supply correct information.
8. INFORMATION ON THE WEBSITE
8.1. The information provided on the Website is of a general nature only.
8.2. To the extent permitted by law, we make no warranty or representation about the accuracy, completeness or fitness for purpose of any content on the Website or that the Website is free from any viruses or defects.
8.3. You acknowledge that we cannot guarantee that any information you disclose on the Website is safe and you agree that we are not liable in any way for any unauthorised disclosure resulting from the disclosure of your information on the Website.
8.4. The Website may contain links to other websites for your convenience. You acknowledge and agree that we do not control or endorse any of those websites in any way and will not be liable to you for your reliance or otherwise on the content on such websites.
9. DISCLAIMER
9.1. None of Our Services constitute legal advice. We recommend that you obtain appropriate professional advice including legal, accounting and financial advice as to the appropriateness and consequences of using Our Services.
9.2. You must satisfy yourself that Our Services that you purchase are appropriate for the intended use. To the extent permitted by law, we make no warranty or representation about the accuracy, completeness or fitness for purpose of any of Our Services.
10. FORCE MAJEURE
10.1. Neither party will be liable for delay or failure to perform an obligation in these Terms of Use due to circumstances beyond their reasonable control or a Force Majeure Event.
10.2. Nothing in this clause will excuse payment of any money due or which becomes due under these Terms of Use.
11. VARIATIONS
We may amend these Terms of Use on our Website at any time for legitimate business reasons. By using our Website or placing an Order, you agree to the Term of Use, as amended.
12. INTELLECTUAL PROPERTY
12.1. All Intellectual Property in Our Services and on the Website is solely owned by us.
12.2. No document or material generate from the provision of Our Services or from this Website may be copied, reproduced, republished, transmitted or distributed in any way.
13. PRIVACY AND USE OF INFORMATION
The information we collect from you will only be used and disclosed in accordance with our privacy policy. You can access our privacy policy via our Website, by clicking here ACTS privacy policy or we will provide you with a copy on request.
14. DISPUTE
14.1. If a dispute arises under these Terms of Use, the parties will attempt to negotiate a resolution by good faith negotiations.
14.2. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of such mediation will be shared by the parties equally.
15. WAIVER
A single or partial exercise or waiver of a right relating to these Terms of Use will not prevent any other exercise of that right or another right.
16. INTERPRETATION
Unless otherwise inconsistent with the context:
ACL means The Australian Consumer law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Consequential Loss means loss of revenue, profits or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages;
Consumer has the meaning prescribed to it in the ACL;
Force Majeure Event means any event or circumstances which is beyond the reasonable control of the effected party which results in or causes the failure of that party to perform any of its obligations under this Agreement;
Intellectual Property means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests;
Order means an order placed by you on the Website for Our Services;
Price means the price specified on the Website for Our Services at the time you place an Order;
Tax Invoice means a tax invoice for payment of the Price;
Terms of Use means the Terms of Use set out in this document;
Website means actsonline.com.au;
We/Us/Our means Australian Company and Trust-Deed Services Pty Ltd ACN 050 031 484;
You means the person completing an Order on the Website;
Our Services means our online services provided via the Website.