Tax Return Direct | Terms of Service

Tax Return Direct – Terms and Conditions

Welcome to Tax Return Direct, a trading entity of Zibia Pty Ltd, ABN 34628432333. operating under the domain name “www.taxreturndirect.com.au” referred to in these terms and conditions as ‘Tax Return Direct’, ‘we’, ‘us’, or ‘our’.

Definitions:

We/Us/Our/tax return direct: Zibia Pty Ltd (ABN 34628432333) trading as Tax Return Direct

Our Website refers to our website https://taxreturndirect.com.au;

You, Your, and User refers to you as the user of the services and where you have registered an account with us, the account holder.

ATO Australian Taxation Office

ATO Portal Tax Agent portal by which your tax information can be reviewed

CSA Child Support Agency

Centrelink Department of Human Services.

Agreement and Terms and Conditions shall have the same meaning and mean the provisions set out herein that apply to your use and access to our services and sites and incorporates our privacy policy, security policy and any other policies published by us from time to time.

Client means the users who are given the opportunity to purchase the Services.

Intellectual property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.

Legal document(s) means the document templates that can be found on the website.

Website means the website of Tax Return Direct or any other website owned or operated by Tax Return Direct.

Fees means any fees, costs, charges, disbursements or other amounts charged by us to you for use or access of any service.

Law means the laws of Australia (legislation, subsidiary acts, regulations, practice directions, rules and other requirements issued by any government authority of Australia) as applicable from time to time, including without limitation, all laws of Australia regulating the Australian tax system.

Loss includes without limitation all direct and indirect loss, damage, demands, penalties, fines, expenses, costs (including legal costs on a solicitor/own client basis) and taxes.

Our Data means, without limitation, all data, material, content, details, information, guides, copyright, intellectual property, inventions, apps, tools, marks, links, graphics, code (including object code and source code), blogs, calculators and calendars that is available or accessible on our sites (whether directly or indirectly and whether intentionally or not).

Services refers to any services and/or products that are supplied by us to you including services and/or products made available to you, or accessed by you, on one of our sites.

User Account means any account registered with us for the purposes of accessing one or more services.

Your Data means, without limitation, all data, content, material, details and information (including personal and sensitive information) of any kind inputted by you in your User Account or otherwise provided by you (whether directly or indirectly and whether intentionally or not) whilst accessing a site or service and includes Lodgments submitted by you or on your User Account.

Year refers to 365 days. The use of “Year” in Tax Return Direct’ websites, terms and conditions, disclaimer, and privacy policy shall not mean financial year nor leap year, but 365 days only.

General Terms and Conditions:

By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using the Online Services. We reserve the right to change, modify, add or remove any part of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will try to highlight any significant or substantive changes to these terms to you where possible. If you choose to use Taxreturndirect.com.au website and download documents then Taxreturndirect.com.au will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Taxreturndirect.com.au rights and obligations to each other.

You agree not to use any Tax Return Direct Material and Tax Return Direct Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

You are the person that you say you are and you will not represent yourself as someone else, engage in any fraudulent activities and your use of the site will not violate any law. If you are assisting someone to access the site, create a User Account or otherwise use any one or more of our services, you agree that you have that person’s express consent. You must not create a User Account or access any services on behalf of another person if you do not have their expressed consent to do so.

You agree that your access and use of the sites and services are on a personal basis only and you will not access or use the sites and/or services for any commercial purpose whatsoever.

You will notify us immediately should you believe that any of Your Data or User Account details have been compromised.

You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the site without prior notice if you engage in any conduct or activities that Zibia PTY Ltd in its sole discretion believes infringe any terms and conditions you are bound by or any other behaviour deemed inappropriate for continued access.

You acknowledge that we endeavour to take reasonable care in preparing and maintaining Our Data on the site however we do not warrant that Our Data is up to date at all times, and we do not warrant the accuracy, reliability, adequacy or completeness of any of Our Data.

You acknowledge that we endeavour to make the site and services available at all times however we do not warrant that this will be the case nor do we guarantee that access to the site will be uninterrupted. We will be required to run maintenance on our site and services from time to time which will result in the site or services being unavailable. We will not be liable to you for any loss arising from your inability to access the site or services at any time.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by linked sites. Links to third party sites do not constitute an endorsement. By clicking on a link, you may be directed to third party sites or services. We are not liable for any loss suffered by you attributable to using or following any link on our sites or any services offered by a third party on our sites.

You accept and authorise that we will monitor your use of the site and our services and may use information relating to your use to tailor products or services to you. Please refer to our Disclaimers and Privacy Policy for further information.

Lodging Your Tax Return

Once you provide us with the requested information, you authorise us to access your records from the ATO Portal. You can provide us with the requested information via our website, mobile phone app, email, telephone and/or in person.

Your personal information will be used for checking your tax records and income for past and present years. We have legal obligations to check your tax records to ensure that all your income is properly recorded.

You may be contacted via telephone, email or SMS about your tax records. We may ask you questions about your income, expenses and deductions. A free tax refund estimate will be provided to you by a professional tax accountant if you have a simple tax return. Subject to eligibility requirements you may be provided the option of an on the spot tax refund. Your eligibility for, and amount of, any on the spot refund we offer you will be determined on a case by case basis. Whether you are offered an on the spot refund at all will at all times remain in our sole discretion.

Your personal information will be protected in accordance with the Privacy Act and will not be shared with third parties unless we are compelled to do so by law, or to provide you with the services for which we have been engaged. We are legally bound to protect your personal information. Please see Our Privacy Policy for more information about how we handle your personal information.

Your Obligations

You declare that you will provide correct and complete details of your income including income from such sources as your salary, capital gains, Government allowances and pensions, interest, dividends, royalties, business income and foreign income etc. You declare that before giving authority for lodgment with the Australian Taxation Office, we have explained various provisions of the Income Tax Act regarding income and expenses which are applicable to you. You also understand that taxation laws provide heavy penalties for providing false or misleading information.

You declare that you have the necessary receipts/records for the deductions/rebates claimed in your tax return(s). You understand that it is your duty to keep the evidence of income/deductions for a minimum of 5 years. The Australian Taxation Office may impose a penalty or prosecute you if you are unable to provide receipts or if the tax return is incorrect/misleading. You understand that to obtain the benefit of “safe harbour” protections, you must provide to us “all relevant taxation information” to enable us to provide accurate statements to the Australian Tax Office. For work related expenses, you understand that you need to have written evidence if your total work-related claims exceed $300. All income/deductions/rebates included in your tax return are based on your specific instructions and confirmation that you satisfy the relevant taxation requirements.

You discharge us and our staff from any liability arising on account of any audit or other investigation in respect of any undeclared income or excess claims made in your tax return.

In the event our fees are not paid upfront and such fees are to be deducted from your tax refund, then you authorise your tax refund to be transferred to our trust account. You understand that you will be paid your tax refund after we deduct our fees. Any surfeit from your tax refund will be deposited into your nominated bank account via electronic transfer or paid to you by cheque.

Tax Return Direct is a Registered Tax Agent (Tax Agent no 25904322) and is authorised by the Australian Tax Office to lodge taxation returns.

Procedure for On The Spot Refunds

You understand that we need to do additional work to process an on the spot refund. Such additional work includes, but is not limited to, verification of your income, tax debt position and GST position. These verifications are important as they provide us with confirmation of your entitlement to a tax refund. We may verify/assess your Centrelink and Child Support Agency debts. Variations in any of these factors may reduce the amount of your income tax refund (if any). You fully understand that despite all these verifications, your actual refund may be reduced as a result of undisclosed debts to the Australian Government. You understand that even after the assessments of your debt position, we cannot confirm, let alone guarantee, your debt position with respect to any Government agency. A government agency to whom you owe money may take part or all of your income tax refund in satisfaction of outstanding debts.

Once the abovementioned checks have been completed, we retain full discretion to decide on your eligibility for an on the spot refund. We may decline to provide you with an on the spot tax refund without providing you with a reason. Your eligibility for, and amount of, any on the spot refunds offered by us is decided on a case by case basis.

You understand that an on the spot refund cannot exceed AUD$1,000. The balance of your taxation refund, after deducting our fees and the amount of any on the spot advance paid (if any) will be deposited in your nominated bank account by way of electronic funds transfer, or alternatively sent to you by cheque once the Australian Taxation Office deposits your tax refund into our trust account. Electronic Funds Transfer/cheque deposits in your account may take 2-3 working days to
clear.

On the Spot Refunds: Your Obligations to Us

Any Money received by you from us will be treated as an advance to you. This amount will be set off against your actual taxation refund to be paid by the Australian Taxation Office. You understand that once a taxation refund is issued by the Australian Taxation Office, you will receive the balance of your taxation return after subtracting the amount of your on the spot taxation return refund plus our fees. If a government agency takes part of your tax refund in satisfaction of an outstanding debt, then your actual refund will be lesser by that amount.

If your actual taxation refund from the Australian Taxation Office is less than the amount required to repay your on the spot taxation refund and our fees, you will be required to pay all amounts outstanding to us within 14 days of the Australian Taxation Office’s assessment.

If you do not pay all outstanding amounts to us described in paragraph 4.2 within 14 days of the Australian Taxation Office Assessment, a Letter of Demand will be issued to you. We may, at our sole discretion, refer this debt to an external debt collection agency or commence proceedings against you in the Parramatta Local Court. If we commence proceedings against you, you may become liable for pre and post judgment interest, legal costs, legal disbursements and our own administration fee of $275 inclusive of GST.

Fees Structure

Component 1: Preparing & Lodging Tax return – this work consists of collecting information concerning your taxable income, deductions and offsets. We will collate information and supporting documents for all your declarable income sources (e.g. salary, business, rental, foreign income, interest, dividends). We also collate information and documents for your expenses. This work can take from 20 minutes to a few days depending on the size and complexity of the taxation return. Our fee structure for this work is fixed at $99.

Component 2: Taxation Refund On the Spot – fees for on the spot refunds will be determined on a case by case basis. By way of guidance, this fee is typically between $350 and $450 plus GST for each on the spot taxation return refund. However, we stress this fee can be higher or lower than the guidance we have provided. The factors which determine the size of the fee include:

the size of your on-the-spot refund;
the risk associated with advancing funds to you; and
the amount of additional work required to assess whether you meet the necessary criteria for such an advance.

Amendments:

Tax Return Direct reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time you use the website and only if you accept these terms should you proceed to access and use the documents on the website. We will try to highlight any significant or substantive changes to you where possible but it is your responsibility to read the terms each time you use our site.

Warnings:

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the way you access this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

No legal advice, no advice:

All content contained on this website or otherwise provided to you as part of the Online Services is intended to provide general information in summary form on legal and other topics, current at the time of first publication. The content does not constitute legal (or other) advice and should not be relied upon as such. You should obtain specific legal or other professional advice before relying on any content contained on this website.

The information contained on this website is general in nature and does not take into account your specific needs, objectives or circumstances. You should obtain your own financial and other advice before making any decision to sue this website. You should consult a professional financial adviser, taxation adviser, accountant or other adviser to obtain specific advice for your particular situation. Nothing on this website should be construed to be financial, legal or other advice of any type.

Consult your legal adviser:

The law is different in each jurisdiction of Australia. If you are unsure as to any of the terms of any of the information or how it applies to your specific circumstances then you should consult your legal adviser (solicitor, barrister, paralegal, etc). Both the templates and the information we provided on and through the website must, by necessity, be general and may not cover every situation that might arise. You should therefore consult a legal adviser for any specific problem that you might have or if you are unsure or do not understand any of the templates or information on the website.

Limitation of Liability

It is an essential precondition to you using Taxreturndirect.com.au website that you agree and accept that Tax Return Direct is not legally responsible for any loss or damage you might suffer related to your use of the website or any template they sell, howsoever arising. Your use of this website and any template is at your own risk. If you use the materials provided on this website incorrectly, you may suffer loss as a result. Tax Return Direct and Zibia PTY Ltd are not responsible for any loss or damage you may incur; however, it may arise by use of this website or its templates.

We make no warranties or representations about this website or any Online Services or any content contained therein, and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website or any Online Services. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our website or any Online Services and/or the information or materials contained therein. You agree to indemnify us for any loss or liability arising out of your use of this site or the Online Services.

Browser Security:

We strongly encourage you to update your web browser software and computer operating system frequently.

Zibia PTY Ltd and it sites taxreturndirect.com.au works on all Safari, Chrome, Firefox and Internet Explorer browsers. The security of your private information may be compromised by your own choice of software and whether you keep it up-to-date by installing the manufacturer’s/software developer’s suggested updates.

Some browsers are known to be at higher risk. Older browsers such as Internet Explorer (versions 10 and older) are out-of-date and should not be used; they should be updated immediately and free updates are available from Microsoft.

At this time, we are not aware of any security problems relating to current versions of the Apple Safari browser, but we do caution users to download updates from Apple whenever they are available.

Microsoft Windows Vista, Windows XP, Windows 2000, Windows 98, Windows 95 and Windows 3.1 are no longer supported or updated by Microsoft. Those systems are no longer receiving security updates, therefore it is generally recommended you should not use them to enter or store your private information (or at all).

Blogs, Forums, Social Media:

Our website may host various blogs, forums, and other social media profiles or services that allow you to share personal information and content with other users (“Applications’). Any personal information or content that you contribute to any Applications can be read, collected and used by other users over whom we may have no control. We are not responsible for any use, misuse or misappropriation by other users of any personal information or content that you contribute to any Applications.

You may choose to provide us with personal information in some circumstances when you subscribe to our newsletters.

Links to other websites:

Taxreturndirect.com.au may from time to time provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Taxreturndirect.com.au and the owners of those websites. Taxreturndirect.com.au takes no responsibility for any of the content found on the linked websites. Taxreturndirect.com.au website may contain information provided by third parties for which Taxreturndirect.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are not providing any advice nor do we take any responsibility for any advice or other goods or services purchased or received by you from those third parties in this regard, for which the third party shall be wholly responsible to you.

We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

Disclaimers:

Taxreturndirect.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Taxreturndirect.com.au gives no warranty that the templates you purchase will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, Taxreturndirect.com.au does not warrant or make any representations regarding the use or the result of the use of any template, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Taxreturndirect.com.au to bear any or all entire costs of servicing, repairs, or correction. The applicable law in your jurisdiction may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this site and its products. It is your responsibility to do so.

Complaints:

If you wish to complain about how we handle your personal information, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time and in accordance with our legal obligations.

Contacting us:

You may request further information about the way we manage your personal information by emailing us at info@taxreturndirect.com.au

Jurisdiction:

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Zibia PTY Ltd that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.

If you access our website and you are based overseas, we do not represent that our website with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.

Arbitration:

Subject to exceptions specified herein, if you and Tax Return Direct are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.

A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Tax Return Direct will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the city of Perth, WA, Australia.

The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys’ fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.

Exceptions to the use of binding arbitration are as follows: Tax Return Direct may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any jurisdiction then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included in these terms and conditions in that jurisdiction. However, if any clause above is legal and enforceable in any other jurisdiction, it shall continue to be fully enforceable and part of this agreement in those other jurisdictions. Any deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Class action waiver:

You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Consumer law:

For the purposes of Schedule 2 of the Australian Consumer Law, in particular sections 51 to 53, 64, and 64A of Part 3-2 Division 1 Subdivision A of the Competition and Consumer Act 2010 (Cth), Taxreturndirect.com.au liability for any breach of a term of this agreement is limited to:

the supplying to you of the goods or services again; or
the payment of the costs of having the goods or services supplied to you again.

Taxreturndirect.com.au liability is, in all cases, limited and will not exceed, in any instance, the amount paid by you for any document, form, agreement or other item/service purchased from this website.

Payment & Refunds:

You agree to pay all Fees in accordance with these terms and conditions. We will charge you our Fees for all services used by you.

You acknowledge that should we be unable to recover the Fees owed by you, we are entitled to pursue all reasonable means in order to claim what is owing to us and all costs incurred by us (on a full indemnity basis) related to the activity of fee recovery will be payable by you on demand. You authorise us to report your bad debt to credit reporting agencies.

We may provide options for payment such as credit card, Paypal, direct debit and other options from time to time. You are liable for any transaction costs charged by the merchant to process your payment type.

Upon purchase of a service you may be asked by the merchant or gateway service provider to supply certain information, including credit card or other payment mechanism information. You agree not to hold us liable for any Loss incurred by you because of using the merchant or gateway service provider via our site. You agree that all information you provide any merchant or gateway service provider through the site for purposes of making payment for services will be accurate, complete and current.

Interest shall accrue on unpaid Fees at the rate of 15% per annum calculated daily.

You agree that the bank details supplied by you are true and accurate and that they relate to the account to which you would like your subscription fee processed. It is your responsibility to advise us of any change in bank account details, but you acknowledge that once provided, it may not be possible to change those details.

If incorrect bank details are provided as a result of user error and not Tax Return Direct, we reserve the right to charge a $30 admin fee, plus any bank charges incurred, which will be charged to your subscription fee.

You agree that you are solely liable for inaccuracies in bank information supplied by you.

Except to the extent required by the Australian Consumer Law, we do not provide or offer refunds of any of our Fees. Pursuant to the Australian Consumer Law, we may be required to provide a refund to you if you cancel the services before the services are provided or if there is a major failure with the services we provide to you. If there is a failure, but the failure is not major, then we may in our discretion determine to resolve the matter by rectifying the failure, re-providing the services to you or by offering you a refund.

Please refer to the clause of these terms and conditions titled “Our Limitation of Liability” for more information on the limitations applying to our liability to you.

Termination:

This agreement will continue to apply to you until terminated by either you or us.

Without prejudice to any of our other rights and powers under this Agreement, we may, at any time, including in the absence of breach and in our sole discretion and for any reason whatsoever and without notice:

suspend your Account or access to the Services, including in the event of your actual or suspected unauthorised use of the Account or Services, non-compliance with this Agreement, or if we withdraw the Services; or
terminate this Agreements.

If you or we terminate this Agreement, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid for the Services, to the fullest extent permitted under applicable Law.

Sections including payment, intellectual property, warranty, limitations, entire agreement and changes, and miscellaneous, and any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

Miscellaneous:

Other than as stated in this section or as explicitly agreed upon in writing between you and us, this Agreement constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Unless as otherwise stated in the Agreements, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or invalidate the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by Law.

Any failure by us or any third-party beneficiary to enforce this Agreement or any provision thereof shall not waive our right or the applicable third-party beneficiary’s right to do so.

We may assign this Agreement, and any of its rights under this Agreement, in whole or in part, and we may delegate any of its obligations under this Agreement. You may not assign this Agreement, in whole or in part, nor transfer or sub-license your rights under this Agreement, to any third party.

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of this Agreement or any one of them; (2) any activity in which you engage on or through the Services; and (3) your violation of any law or the rights of a third party.

Any provision of this Agreement which is illegal, void or unenforceable will be ineffective to the extent only of that illegality, voidness or unenforceability without invalidating the remaining provisions of this Agreement.

Waivers of a breach of this Agreement or any power under this deed must be in writing and signed by the party granting the waiver. A breach of this deed is not waived by any failure or delay in exercise, or partial exercise of any power. A power created or arising upon default under this Agreement is not waived by any failure or delay in the exercise, or a partial exercise, at that date of any other power.

The rights, duties and remedies granted or imposed under this deed operate to the extent not excluded by Law.

Security

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorised use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.

To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

to use some of the information-only pages even if you do not accept cookies.

Emails

We will preserve the content of any email that you send us, if we believe that we have a legal requirement to do so. Your email message content may be monitored by our employees for security issues including where email abuse is suspected; our response to you may be monitored for quality assurance issues. Tax Return Direct will not request you to provide sensitive information such as bank details, credit card details or your tax file number via unsolicited email.

Compulsory disclosure:

Like any business, we are subject to the law. We will be obliged to divulge personal information if requested by a government agency with the proper authorisation, like a court order.

GENERAL TERMS & CONDITIONS – USE OF THE SERVICES

By accessing the site and/or registering a User Account with us, you agree to the following terms and conditions:

Terms About You and Your Access to Services

You agree that your access and use of the sites and services is on a personal basis only and you will not access or use the sites and/or services for any commercial purpose whatsoever.

You acknowledge by creating a User Account that it is your intent to use our services as your tax agent for lodgement of Your Data with the ATO and that you will not use or access our sites for any other intent or purpose.

You will keep your User Account details including but not limited to your password secure, and ensure that no person other than yourself accesses the site using your credentials. You are solely liable for any Loss suffered by you, us or any other person that is attributable to your failure to keep your User Account details secure.

You will notify us immediately should you believe that any of Your Data or User Account details have been compromised.

You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the site without prior notice if you engage in any conduct or activities that Zibia Pty Ltd in its sole discretion believes infringe any terms and conditions you are bound by or any other behaviour deemed inappropriate for continued access.

You acknowledge that we endeavour to make the site and services available at all times however we do not warrant that this will be the case nor do we guarantee that access to the site will be uninterrupted. We will be required to run maintenance on our site and services from time to time which will result in the site or services being unavailable. We will not be liable to you for any Loss arising from your inability to access the site or services at any time.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by linked sites. Links to third party sites do not constitute an endorsement. By clicking on a link you may be directed to third party sites or services. We are not liable for any Loss suffered by you attributable to using or following any link on our sites or any services offered by a third party on our sites.

You accept and authorise that we will monitor your use of the site and our services and may use information relating to your use to tailor products or services to you. Please refer to our Security and Privacy Policy for further information.

Terms About Your Lodgements

You must ensure that all of Your Data is complete and accurate at all times during the term of your use of the services.

You cannot assume that your Lodgement has been lodged with the ATO until you receive confirmation from us that Lodgement has been lodged with the ATO.

You acknowledge and agree that on completion of any Lodgement, the terms set out under the heading Payment and Lodgement Terms will apply and you will be Liable to pay our Fees.

You are solely responsible for ensuring that any Lodgement complies with your obligations to the ATO at law.

You acknowledge that we are relying on the completeness and accuracy of Your Data, and if Your Data is not complete and accurate at all times, we may be unable to provide services to you, may refuse to provide services to you, or may report you to government authorities if we are required to do so.

You warrant that you have all supporting evidence required at law to support your Lodgement. You acknowledge that the mere entry of Your Data in your User Account will not substitute your obligations at law.

You must retain a copy of all of Your Data that has been entered through the site, including but not limited to your Lodgements, together with supporting evidence as required by law. We will not be liable to you for any Loss suffered by you attributable to your inability to access or obtain copies of any of Your Data.

Pursuant to our obligations under the Australian Consumer Law, we will deliver our services in a reasonable time period. You acknowledge that any estimated timeframe advertised or disclosed by us for receipt of a refund by you or the processing of your Lodgement with the ATO is not guaranteed or warranted. All Lodgements are subject to review by us and the ATO and delays may occur in the review process.

ATO refunds may be delayed for a number of reasons such as but not limited to inability to contact you for further details, ATO analysis and matching of reported information, occupation driven reviews, identity and fraud detection as well as details of focus within the current ATO compliance program.

You agree that by selecting to submit Your Data to us this constitutes the authorisation for us to act as your tax agent and that you are requesting and authorising us to lodge your tax return with the ATO. You submit that Your Data is true and correct and that by selecting to submit Your Data to us for review and lodgement constitutes an electronic signature to this effect.

You agree that our review, if any, of Your Data does not make us liable in any way for any inaccuracies, deficiencies or errors in Your Data or Your Data being incomplete. You remain solely liable for such matters and any Loss suffered by you attributable to such matters.

Return Not Necessary

Failing to lodge and having outstanding/ late tax returns with the ATO may incur you penalty fees. If you have lodged with us, we will highlight if you have outstanding tax return(s) with the ATO.

If you have outstanding 2016, 2017 or 2018 tax returns to lodge with the ATO with $0 refund/payable, we will lodge a “return not necessary” on your behalf. We will not charge you if you have $0 refund/payable for your outstanding tax return(s).
If you are due a refund, we will inform you through email or phone call. We will send you an email prior advising what outstanding tax return(s) you have.
This will ensure that you are up-to-date with the ATO and help reduce risk of the ATO imposing you with penalty fees for failing to lodge.

Terms About Our Data

You acknowledge that Our Data is provided as a guide only and is general in nature. Our Data has not considered any of your specific circumstances unless it expressly says otherwise. You must not act in reliance on any of Our Data that is general in nature without making an independent assessment of same.

We will not be liable to you if you choose to rely on Our Data without obtaining independent advice in relation to its application to your specific circumstances. You acknowledge that nothing contained in Our Data constitutes accounting or financial advice.

You acknowledge that nothing in this agreement is intended to give you any intellectual property rights to any of Our Data or any other intellectual property rights held by us. To the extent required to access the services, we give you a royalty free license to use our intellectual property. On ceasing to use or finalising the use of any service requiring such a license, the license shall immediately come to an end.

You will not attempt to violate the security of our sites. This includes any attempts to download or reverse engineer any of Our Data, propagate malicious programs or viruses, use any crawling devices, use any robots or interfere with the operation of our systems or sites in any way.

Your Liability to Us

You will be liable to us for any Loss we suffer attributable to your access or use of the sites or services or any breach by you of these terms and conditions.

Our Limitation of Liability

Please refer to the clause headed “Our Refund Policy” for information on the limited scenarios in which a refund may be payable.

This section “Our Limitation of Liability” has priority to any other provision of these terms and conditions or any policy incorporated into these terms and conditions.

Your use of our services and sites is at your sole risk.

To the maximum extent permitted by law we expressly disclaim all warranties, guarantees and representations implied at law. We will not be liable to you for any Loss arising from your use or access to our sites or services whatsoever and howsoever arising.

To the extent that notwithstanding the foregoing, we are found to be liable to you, you agree that our maximum liability to you shall be, in our discretion:-

a redelivery of any service; or
a refund of Fees paid by you to us.

You agree that we can suspend or cease acting for you or providing you with access or use of any services at any time if you breach a term of this agreement or we are of the opinion that we are unable to maintain a relationship of trust and confidence with you. We will not be liable to you if we choose to do so.

Governing Law and Policies

These terms and conditions (and incorporated policies) comprises the entire agreement between you and us. It replaces all previous agreements whether oral or in writing.

You acknowledge and agree to be subject to all relevant policies that we publish on our sites from time to time and that same are incorporated into these terms and conditions on publication.

This agreement is governed by the laws of New South Wales and you agree to submit to the exclusive jurisdiction of the Courts of New South Wales.

We may update our terms and conditions at any time by providing you notice (either by email, text or on our sites). If you continue to access or use our sites or services after receiving notice of an update to our terms and conditions, you will be deemed to be bound by the updated terms and conditions.

A failure or delay by us in enforcing our rights against you shall not be deemed a waiver of those rights.

Payment & Refunds:

General Details:

You agree to pay all Fees in accordance with these terms and conditions.

We will charge you our Fees for all services used by you. Our Fees are payable on the earlier of completion of the service (the subject of the Fees) or Lodgment.

A schedule of our Fees payable for services will be available on our sites and will be updated from time to time. The schedule of Fees current at the time of access or use of a service shall be applicable to you. We may update our Fees from time to time and will publish the current schedule of Fees on our site. You will be liable for any increase in our Fees if you use or access a service after the amended schedule of Fees or has been published on our site.

You acknowledge that we be unable to recover the Fees owed by you, we are entitled to pursue all reasonable means in order to claim what is owing to us and all costs incurred by us (on a full indemnity basis) related to the activity of fee recovery will be payable by you on demand. You authorise us reporting your bad debt to credit reporting agencies.

Upon purchase of a service you may be asked by the merchant or gateway service provider to supply certain information, including credit card or other payment mechanism information. You agree not to hold us liable for any Loss incurred by you as a result of using the merchant or gateway service provider via our site. You agree that all information you provide any merchant or gateway service provider through the site for purposes of making payment for services will be accurate, complete and current.

Interest

Interest shall accrue on unpaid Fees at the rate of 15% per annum calculated daily.

Fee From Refund Specifics:

By using our services you agree for us to, to the extent possible, deduct our fees from any Refund you are to receive. We refer to this as “Fee from Refund” (“FFR”). In relation to FFR, you represent and warrant to us that you expect, without qualification, to receive a Refund from the ATO and that you have no known liabilities to the ATO or any other Australian Government agencies. You irrevocably authorise us to deduct all amounts owing to us under this Agreement from the Refund before remitting the balance of the Refund (if any) to you. You acknowledge that as part of this process your Refund will be paid into our trust account, we will then deduct the amounts owing to us and then remit the balance of your Refund (if any) to your nominated bank account. You will not receive the Refund directly from the ATO.

You agree that all information you have provided in order for this process to occur is true and correct.

You acknowledge that whilst we will take every reasonable step to process the balance of your Refund within service times published on our site, we will not be liable for any delay in remitting the balance of a Refund to you.

Should:-

you not receive a Refund, or
the Refund not be of an amount sufficient to cover our Fees, or
we be unable to deduct all of our Fees from the Refund for any reason whatsoever;

then you will be liable for payment of our Fees (or so much of our Fees as the Refund does not cover) in full immediately on issue of the Assessment by the ATO. Interest will accrue at 15% per annum calculated daily on overdue payments.

Nothing in this section limits your liability to us for payment of our Fees in full or Loss.

Bank Details:

You agree that the bank details supplied by you are true and accurate and that they relate to the account to which you would like your Refund processed. It is your responsibility to advise us of any change in bank account details, but you acknowledge that once provided, it may not be possible to change those details.

In the event that incorrect bank details are provided as a result of user error and not Tax Return Direct and we have made a transfer attempt of your refund, we reserve the right to charge a $30 admin fee, plus any bank charges incurred, which will be debited from your refund if received back before re-transferring the balance to you. Where your refund will not cover the admin and bank fees to resend your refund, we will request an upfront payment to cover the costs, prior to re-sending your refund.

You agree that you are solely liable for inaccuracies in bank information supplied by you and whilst we will, where reasonable, support you to recover any missing amounts resulting from inaccurate details, we will not be liable to you for any such amounts, or any other Loss attributable to the inaccurate details.

Our Refund Policy:

Except to the extent required by the Australian Consumer Law, we do not provide or offer refunds of any of our Fees.

Pursuant to the Australian Consumer Law, we may be required to provide a refund to you if you cancel the services before the services are provided (for example, before completion of a Lodgement) or if there is a major failure with the services we provide to you.

If there is a failure, but the failure is not major, then we may in our discretion determine to resolve the matter by rectifying the failure, re-providing the services to you or by offering you a refund.

The ATO’s decision to enquire, hold, delay adjust and/or audit your information is outside of our service control and does not constitute an issue with, or failure of, our services.

Please refer to the clause of these terms and conditions titled “Our Limitation of Liability” for more information on the limitations applying to our liability to you.