Terms and conditions of use of this site
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE
1. Definitions
The following words have these meanings in this agreement:
"Fund" means the self managed superannuation fund named in the Product Registration Form as the Fund Name.
"GST" means Goods and Services Tax.
"Portal" means the encrypted web portal which We have established for You for the purpose of delivering to You Products ordered by You.
"Product" or "Products" means the various documents supplied by Us to You in response to the information supplied to Us by You.
"Product Registration Form" means the online questionnaire used to obtain information from You for the purpose of ordering the Product.
"Service" or "Services" means the provision of the Products ordered by You on this Site online and delivered by Us via Your Portal in accordance with these terms and conditions.
"Site" means Our website at www.keepitsimplesuper.com.au accessed via the internet.
"We or Us or Our or Ourselves" means Keep It Simple Super Pty Ltd ACN 128 316 398.
"You or Your or Yourself" means the accounting or financial advisory firm named in the Product Registration Form as the Name of Firm.
"Your Client" or "Your Client(s)" means any person(s) named in the Product Registration Form as an individual.
2. Provision and Use of the Service
Acceptance of these Terms & Conditions
By ticking the acknowledgment box and using this Site You are signifying Your acceptance of and agreement to abide by these terms and conditions of use. If You use Our Services in any way You do so on the basis of these terms and conditions. We will provide You with access to the Service on the terms and conditions set out in this agreement providing You comply with the procedures for access and use of the Service as determined by Us from time to time.
Licence
You are licensed to use this Site for the limited purpose of utilising Our Services.
Termination of this Agreement
We may terminate it immediately by denying the Service to You if You are in breach of any of these conditions. Your licence to use this Service is automatically terminated upon Your completing Your order of Products and the payment of Our fees.
Access to Service
The use of this Site is restricted to accounting or financial advisory firms and their agents acting on behalf of their clients. By using this Site and the Services that We offer You warrant to Us that You are either an accountant or financial adviser or their agent.
We will provide You with a user name and a user password to enable You to access the Service.
You are responsible for:
- the unauthorised use of Your password, including the payment of all fees and charges arising from the unauthorised use of Your username and password.
- any computer equipment and software required for Your access to the Service.
Provision of Information
You agree to provide to Us complete and accurate information related to You and/or Your Client(s) in response to all questions asked by Us to enable Us and/or any legal providers to provide the Services to You.
Delivery Timeframes
We endeavour to make sure that all Products listed on Our Site can be provided by Us and pricing is true and correct. Our Service will be provided to You after We have received approval of the Product which we may in Our discretion order as Your agent from Matthews Folbigg Pty Limited Lawyers or another legal provider.
Standard delivery timeframes are between 1 - 2 business days; in the event that We are unable to fulfill Your order We will notify You within 2 business days to arrange a backorder or a full refund.
3. Charges for the Service
Our Fees
You agree to pay Us for the provision of the Services the fees charged by Us as specified when the Product Registration Form is complete which is consistent with Our fee schedule available on Your Portal as amended from time to time. All fees are quoted in Australian Dollars (AUD) and include GST and delivery charges.
Time of Payment
You will be invoiced at the time You order the Products on this Site and payment (including any GST that is payable) will be required immediately by way of direct deposit or credit card. We reserve the right, and You acknowledge Our right, not to provide the Services to You until the payment of Our fees is made in full in cleared funds.
Government Charges and Duties
You are responsible for payment of any government or statutory charges and duties that may be payable in relation to the Services provided by Us to You.
Refund
You should choose a Product carefully. Given the nature of the Services provided by Us, we do not normally give refunds if You order the wrong Product.
4. Limitations and Disclaimers
You agree that:
- We are not responsible for any errors contained in the Products as a consequence of incorrect, incomplete, inaccurate or misleading information that You provide to Us.
- The information on this Site and the Services provided by Us or any service provider do not constitute legal or professional advice.
- It is Your responsibility to seek legal or professional advice in relation to the suitability of the Services provided by Us to Your own or Your Client(s) personal circumstances. We do not warrant that Your use of Our Services or the Products are suitable to You or Your Client(s).
You acknowledge that the Products delivered by Our Service may be provided by service providers that are not parties to this agreement.
5. Liability and Indemnity
Limitation of Liability & Indemnity
To the fullest extent permitted by law We, Our employees and service providers will not be liable to You and/or Your Client(s) for any reason whatsoever in respect of any loss, damage or expense that You and/or Your Client(s) may incur in connection with Your use of the Services, including negligence, and any liability that We may have to You and/or Your Client(s) for any breach of these terms is limited at Our option to either resupplying the Services again or the payment of the cost of having the Services supplied again. You agree to indemnify Us, Our agents and employees from any costs, fees, damage, loss, claims and liabilities arising from:
- Errors contained in the Products arising from Your provision to Us of incorrect, incomplete or inaccurate information.
- Unsuitability of the Products for Your Client(s) needs.
- Any use or misuse of Your password.
Force Majeure
We, Our employees and service providers will not be under any liability for any delay, loss or damage (including consequential loss) caused to You directly or indirectly by the unavailability of access to the Service caused by Your failure to comply with this agreement, power or mechanical failure howsoever caused or any cause whatsoever out of Our control.
6. Intellectual Property Rights
You agree that:
- You will not acquire any proprietary and intellectual property rights in relation to any of the Products that are provided to You. You must not copy or reproduce in anyway any of the Products that are provided to You for any purpose whatsoever other than the purpose for which those Products are provided to You and You must not permit, enable or allow any other person to do so. Title to the proprietary, intellectual property or other rights in relation to each of the Products that are provided to You will remain with Us, Matthews Folbigg Pty Limited Lawyers and/or the owner of such right unless the person having ownership of the relevant right consents otherwise in writing.
- You are licensed solely to use Our Services for the purpose of ordering the Products.
7. General
Assignment of Rights
We may by notice in writing to You assign the rights and obligations of this agreement. You must not assign any of Your rights under this agreement.
Variation
We may vary the conditions of this agreement by giving not less than 7 days written notice of such variation to You.
Governing Law
This agreement is governed by the laws of the State of New South Wales. You agree to submit to the jurisdiction of the Courts of New South Wales in relation to any dispute arising from these terms and conditions.
Invalidity
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
8. Privacy
In accordance with the Privacy Act 1988 (Cth), the Privacy Amendment (Private Sector) Act 2000, and the Spam Act 2003 (Cth) We comply with the National Privacy Principles in respect of the collection, use, disclosure and handling of personal information, that is, any information that can be used to identify You and/or Your Client(s). We collect personal information such as contact name, address, and email address as provided by You on Our Product Registration Form.
We:
- use the information You supply for the purpose of providing Our Services to You. Personal information collected from Our Product Registration Forms are used to form Our customer database. Your personal information and Your Client(s) personal information is not shared, sold, rented or otherwise disclosed by Us (unless required by law to do so). We may use Your personal information to deliver You targeted and non-targeted marketing information about Our Services.
- will take all reasonable steps to maintain the security of any personal information We receive from You. Any information We collect in relation to You is kept strictly secured. We do not pass on, sell or swap any of Your personal details or the personal details of Your Client(s) with anyone. We use this information to identify Your orders. Whenever You use Our Site, or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of Your computer so that it can send the requested web pages to Your Internet browser. The unique network address of Your computer is called its "IP address," and is sent automatically each time You access any Internet website. From a computer's IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous.
9. Security Policy
If You choose to pay for Our Service via credit card Your financial details are passed through a secure server using the latest 128-bit SSL encryption which is the current industry standard.
10. Contact Details
Keep It Simple Super Pty Ltd ABN 98 128 316 398
Postal Address: PO Box 4184, Bay Village, NSW, 2261 AUSTRALIA
Telephone: 1300 031 943
Facsimile: 02 4333 1239
Email: products@keepitsimplesuper.com.au