Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Taxo.au Pty Ltd ("Taxo.au," "we," "us," or "our") governing your access to and use of the Taxo.au website, mobile application, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

You represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make changes, we will provide notice by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending you an email notification (if you have an account with us)

Your continued use of our Services after we post any modifications to the Terms constitutes your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

If the revised Terms are not acceptable to you, your only recourse is to stop using our Services and, if applicable, cancel your account.

3. Your Account

3.1 Registration and Account Security

To access certain features of our Services, you may need to create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

3.2 Account Types

We offer different types of accounts, including individual user accounts and professional accounts for accountants and tax agents. Additional terms may apply to specific account types, which will be presented to you during the registration process or when you upgrade your account.

3.3 Account Sharing

You may not share your account credentials with any third party. You are solely responsible for any activity that occurs under your account, whether or not you authorized such activity.

4. Our Services

4.1 Service Description

Taxo.au provides online tax preparation and lodgment services, including but not limited to:

• Individual tax return preparation
• Business tax return preparation
• Tax calculation tools
• Electronic lodgment with the Australian Taxation Office (ATO)
• Client management tools for professionals
• Tax-related information and resources

4.2 Service Limitations

Our Services are subject to the following limitations:

• We do not provide tax or legal advice. Our Services are designed to assist with tax preparation based on the information you provide, but they do not replace professional advice from a registered tax agent or legal professional.
• Tax laws and regulations change frequently. While we make reasonable efforts to keep our Services up-to-date, we do not guarantee that our Services will reflect all recent changes in tax laws or regulations.
• Our Services may not be suitable for complex tax situations. Some taxpayers may require specialized assistance beyond what our Services provide.

4.3 Service Availability

We strive to ensure that our Services are available at all times, but we do not guarantee uninterrupted access. Our Services may be temporarily unavailable due to maintenance, system upgrades, or factors beyond our control.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice or liability.

5. Fees and Payment

5.1 Pricing

The fees for our Services are published on our website and may vary depending on the type of service and complexity of your tax situation. All fees are in Australian dollars and include GST unless otherwise specified.

We reserve the right to change our fees at any time. Any price changes will apply to services purchased after the effective date of the change.

5.2 Payment Methods

We accept payment through various methods, including credit cards, debit cards, and other electronic payment methods as specified on our website.

By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method
• The payment information you provide is accurate
• You authorize us to charge your designated payment method for the fees associated with your use of our Services

5.3 Billing

For one-time services, you will be charged at the time of purchase or completion of the service, as specified during the checkout process.

For subscription services, you will be billed on a recurring basis (monthly, annually, or as otherwise specified) until you cancel your subscription.

You agree to pay all charges incurred in connection with your use of our Services at the rates in effect when the charges were incurred.

6. Refund Policy

Our refund policy is as follows:

• If you are not satisfied with our Services, you may request a refund within 14 days of purchase, provided that your tax return has not been lodged with the ATO.
• If there is a technical error in our system that prevents you from completing your tax return, you may be eligible for a refund or credit.
• Subscription fees are generally non-refundable for partial periods of use.

For more details, please refer to our Refund Policy.

7. Accuracy of Information

7.1 Your Responsibility

You are solely responsible for the accuracy, completeness, and truthfulness of all information you provide when using our Services. This includes, but is not limited to:

• Personal and financial information
• Income and expense details
• Supporting documentation
• Any other information required for tax preparation and lodgment

7.2 Consequences of Inaccurate Information

Providing false or inaccurate information may result in:

• Incorrect tax calculations
• Improper tax lodgment
• ATO audits, penalties, or interest charges
• Termination of your account
• Legal liability

We are not responsible for errors, inaccuracies, penalties, or other consequences resulting from incomplete or incorrect information you provide.

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by Taxo.au, our licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purposes, subject to these Terms.

8.3 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services
• Use our Services for any commercial purposes without our prior written consent
• Attempt to decompile, reverse engineer, disassemble, or hack our Services
• Use data mining, robots, or similar data gathering and extraction methods
• Remove any copyright, trademark, or other proprietary notices from our Services

8.4 Your Content

You retain all rights to any information, data, or content you submit through our Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and publish Your Content solely for the purpose of providing our Services to you and as otherwise permitted in our Privacy Policy.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using our Services for any unlawful purpose or in violation of any applicable laws or regulations
• Impersonating another person or entity
• Providing false or misleading information
• Attempting to gain unauthorized access to our Services, other accounts, computer systems, or networks
• Interfering with or disrupting the functionality of our Services
• Uploading or transmitting viruses, malware, or other malicious code
• Engaging in any activity that could disable, overburden, damage, or impair our Services
• Collecting or harvesting any information from our Services without our permission
• Using our Services for any commercial purpose without our prior written consent

10. Termination

10.1 Termination by You

You may terminate your account at any time by following the instructions on our website or by contacting us. If you terminate your account, you will lose access to our Services, and we may delete your data as described in our Privacy Policy.

10.2 Termination by Us

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if:

• You breach these Terms
• We believe your actions may cause legal harm to us, our users, or third parties
• We suspect fraudulent, abusive, or illegal activity
• We are required to do so by law

10.3 Effect of Termination

Upon termination:

• Your right to use our Services will immediately cease
• We may delete or archive your data as described in our Privacy Policy
• Any outstanding fees will become immediately due and payable
• The following sections will survive termination: Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions

11. Disclaimer

11.1 "As Is" Basis

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Guarantees

We do not warrant that:

• Our Services will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• Our Services are free of viruses or other harmful components
• The results of using our Services will meet your requirements

11.3 Tax-Related Disclaimer

While we strive to provide accurate tax-related information and calculations, we cannot guarantee:

• The accuracy or completeness of tax calculations
• That our Services will identify all possible deductions or credits
• That tax returns prepared using our Services will be accepted by the ATO
• That using our Services will result in a particular tax outcome

Our Services are not a substitute for professional tax advice. For complex tax situations, we recommend consulting with a qualified tax professional.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAXO.AU, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
• ANY CONTENT OBTAINED FROM OUR SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100), WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless Taxo.au, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including without limitation any copyright, property, or privacy right
• Any claim that Your Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of our Services.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

14.2 Informal Dispute Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at legal@taxo.au. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may proceed with filing a formal claim.

14.3 Arbitration

Any dispute arising from or relating to these Terms or our Services that cannot be resolved informally shall be resolved through binding arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules. The arbitration will be conducted in Sydney, New South Wales, unless you and we both agree to another location. The arbitration will be conducted in English. The decision of the arbitrator shall be final and binding.

14.4 Exceptions

Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 Class Action Waiver

To the extent permitted by law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, shall constitute the entire agreement between you and us concerning our Services.

15.2 Severability

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

15.5 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.

15.6 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, network and equipment failures, power failures, internet disruptions, or government restrictions.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Legal Department
Taxo.au
Level 12, 400 George Street
Sydney, NSW 2000
Australia
Email: legal@taxo.au
Phone: 1300 TAXO AU

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By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.