Access to and use of the TaxFitness program and website is provided by TaxFitness Pty Ltd (ACN 610 385 405) (“TaxFitness”) subject to the following terms and conditions:
By accessing and using this program, you accept these terms and conditions, which take effect immediately on your first use of this program.
If these terms and conditions are not accepted in full, you do not have permission to access the contents of this program and therefore should cease using this program immediately.
TaxFitness reserves the right to change these terms and conditions at any time by posting changes online and on this website. You are responsible for regularly reviewing information posted by TaxFitness online to obtain timely notice of such changes. Your continued use of this program after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.
A subscription to access and use the TaxFitness program can be obtained by following the instructions on the website. Subject to payment of the Subscription Fee in accordance with clause 5 and these terms and conditions, you are granted a non-exclusive and non-assignable licence to use the program for the duration of the subscription and according to the terms of the subscription category purchased. If you are a new user, you may be offered a two month free trial period in which case, the Subscription Fee will be debited from your credit card at the end of the trial period if you wish to proceed with a subscription.
In consideration of the grant of the licence under clause 5, you must pay the Subscription Fee to TaxFitness in accordance with the terms specified by TaxFitness. The Subscription Fee and any other amounts payable pursuant to these terms and conditions are exclusive of GST and all federal, state, local, municipal or other excise, sales, use, property, or similar taxes and fees now in force or enacted in the future. All such taxes and fees must be paid by you.
You may use the program only for your own legitimate and internal business purposes. You must not copy the program or sublicence the use of the program to any person or sublicence time on or charge for access to the program unless the prior consent in writing of TaxFitness has been obtained.
You must not use, reverse assemble, reverse compile, reverse engineer, disassemble, modify, transfer, change, add to, remove, deface, hack or otherwise interfere with program or any copy in whole or in part, except as expressly provided for in these terms and conditions. Any other act involving using, reverse assembly, reverse compilation, copying or reproducing the program is prohibited. You must not sub-license, assign or transfer your rights and obligations as specified in these terms and conditions without the prior written consent of TaxFitness. You will not transfer or permit to be transferred the program or any adaptation of it or part of it to any person unless authorised in writing by TaxFitness.
You covenant to TaxFitness that you will not without TaxFitness's prior written consent:
- offer to sell, lease or sub-licence the program;
- copy nor permit copies to be made of the program;
- break or permit others to break any copy product code of the program;
- use or permit others to use the program in a computer services bureau, network, time sharing or multiple user arrangement;
- modify or alter the program in any manner;
- communicate or permit to be communicated the contents of the program to persons other than your employees or authorised persons carrying out your work;
make telecommunication data transmissions of the program; and
- make copies of the program for purposes of incorporating any part of it into any other computer program not generated by the program.
Nothing in these terms and conditions will be deemed to pass the property in the program to you. TaxFitness owns all the right, title and interest in the program and related content including its website. You acknowledge that the program and the website are the subject of copyright and proprietary confidential information and that you will have no right, title or interest in the program, except as expressed in these terms and conditions. You must take all reasonable precautions to maintain the confidentiality of the program. You must keep confidential and secure all usernames and passwords required to access the program and notify TaxFitness immediately of any unauthorised use or other breach of confidentiality. You must not make or permit any other person to make any disclosure of the design, structure or contents of the program to any person. You must not create or assist or procure any other party to create any other program or software which is substantially similar to the program notwithstanding that such other software may not constitute a reproduction of the program for the purpose of copyright law. You acknowledge that the obligations and covenants set forth in this clause will survive termination, for whatever reason, of the licence.
This program and the information, names, images, pictures, logos and icons regarding or relating to TaxFitness, its products and services (or to third party products and services) is provided without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. No employee, agent or representative of TaxFitness has the authority to bind TaxFitness to any oral representation or warranty concerning the program. Any written representation or warranty not contained in these terms and conditions will not be enforceable by you. This clause does not purport to exclude any rights which you may have which are provided by statute and which cannot be excluded.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms and conditions shall be governed by and construed in accordance with the laws of Western Australia. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Western Australia. You irrevocably and unconditionally submit to the jurisdiction of the laws of Western Australia.
Material may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own use. Any other use requires the prior written permission of TaxFitness. You may not adapt, alter or create a derivative work from any of the material contained in this program or use it for any other purpose other than for your own use.
You agree to use this program only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this program by, any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may cause inconvenience or distress to any person and the transmission of obscene or offensive content.
In no circumstances will TaxFitness be liable for any damages including, without limitation, negligence, any direct or indirect loss consequential and economic damages or any damages whatsoever arising out of the use of or in connection with this program or through any person relying on anything contained or omitted from this program whether in action of contract, negligence or other tortious action. Any term or condition to the contrary of this clause which is implied by statute or common law is to the extent permitted by law expressly excluded.
TaxFitness does not warrant that the functions contained in the material contained in this program will be uninterrupted or error free, that defects will be corrected or that this program or the server that makes it available are free of viruses or bugs. TaxFitness does not warrant or represent the full functionality, accuracy and reliability of the material contained in this program. You acknowledge that errors may exist or occur in the program and that TaxFitness will not be responsible for any loss or damage arising from any errors.
The names, images and logos identifying TaxFitness or third parties and their products and services are proprietary marks of TaxFitness and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of TaxFitness or any other third party.
Information on this program should not be regarded as a substitute for professional advice. TaxFitness makes no warranty as to the accuracy or reliability of the information contained in this program (including, but not limited to, any content or information generated on this program by TaxFitness or on behalf of TaxFitness or by any third party content on this program).
Any hyperlinks, advertisements or pointers to websites operated by third parties in this program or on this website do not form part of this program and are not under the control of TaxFitness. When you link to those websites you leave this program and do so entirely at your own risk. TaxFitness makes no warranty as to the accuracy or reliability of information contained on any third party website and TaxFitness, its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising on this website does not imply an endorsement or recommendation by TaxFitness.
This program may contain content provided to TaxFitness by third parties. TaxFitness does not monitor or make inquiries about content provided to TaxFitness by third parties. TaxFitness is not responsible for, does not endorse and makes no representations either expressly or impliedly containing any content provided to TaxFitness by third parties does not represent the views of TaxFitness and you rely on content provided by a third parties completely at your own risk.
You represent and warrant that:
- Your use of this program will comply at all times with these terms and conditions and any directions published from time to time by TaxFitness on its program;
- You will make sure that you keep any user name and password by which you access this program confidential and secure at all times;
- You accept all liability for any unauthorised use of any user name and password issued to you.
You agree to indemnify TaxFitness and its officers, agents and employees against any and all loss, liability, claim or demand suffered by TaxFitness, its officers, agents and employees arising out of the use of or in connection with this program.
To the extent permitted by law, TaxFitness excludes all conditions and warranties that may be implied by law.
To the extent permitted by law, TaxFitness’ liability for breach of any implied warranty or condition that cannot be excluded is restricted at TaxFitness’ option to:
- the resupply of services or payment of the cost of resupply of services; or
- the replacement or repair of goods or payment of the cost of replacement or repair.
Upon the happening of any of the following events TaxFitness has the right to immediately terminate your licence to use the program:
- you commits a breach of any of the covenants contained in these terms and conditions;
- you attempt to assign your interest in the licence to any other company or person without the consent of TaxFitness; or
- you disclose or copy any material, the program or TaxFitness’s confidential information without the consent of TaxFitness.
Termination of the licence will not relieve you from any expressed or implied obligation under these terms and conditions. Termination under the provisions of these terms and conditions of will be without prejudice to any rights and remedies as would have accrued to either TaxFitness if such provisions had not been included in these terms and conditions.
If this licence is not renewed or the licence is otherwise terminated, the licence to use the program will end, the program will no longer be provided, the program will be deactivated and your data may not be available or may only be available in a different format.