Terms of Use

1 SCOPE AND APPLICATION

1.1 These terms of use (“Terms”) set out the terms on which Refunded Pty Ltd (ABN 88 648 509 737 and Tax Agent number 26092354) (“we”, “us” or “our”) allow you to access and use the Refunded mobile app (“App”).

1.2 By clicking “Accept” or “I Accept” you agree to comply with and to be bound by these Terms. You acknowledge and agree that you must not use the App unless you have read and accepted these Terms.

2 ACCESS AND USE OF THE APP

2.1 Subject to your accepting and complying with these Terms, we grant you a non-exclusive, revocable, limited right and licence to access and use the App and the Services for your own private personal use.

2.2 You must:

(a) be over the age of 18;

(b) use the App and the Services in accordance with these Terms and all applicable laws; and

(c) ensure that all information or data you input into or provide through the App is complete and accurate.

2.3 To the extent permitted by applicable law and subject to clause 12.3, you acknowledge and agree that:

(a) the App or the Services may not be available from time to time, and we make no representation or warranty in relation to the availability of the App or the Services; and

(b) the App may not be fully compatible with your mobile device or your operating system.

3 ESTIMATED TAX RETURN POSITION

3.1 The App and the Services provides you with a platform to:

(a) input information relating to your tax return;

(b) view estimated results of your tax return (“Estimated Tax Return Position”), solely based on the information you have provided and on the information the Australian Taxation Office (“ATO”) has about you; and

(c) if you elect to do so, lodge your tax return.

3.2 All information and data in the App is provided either by you or by the ATO based on their records about you. The App obtains information and data directly from the ATO. Subject to clause 12.3, we are not responsible or liable to you in connection with any erroneous or wrong information or data provided by you or the ATO.

4 LODGING TAX RETURN

4.1 Once you have entered all relevant and required information:

(a) the App will display your Estimated Tax Return Position; and

(b) you will have the option to lodge your tax return with the ATO through the App.

4.2 Clauses 4.3 and 4.4 below apply if you choose to lodge your tax return through the App.

4.3 You acknowledge and agree that:

(a) you are authorizing us to lodge  your tax return directly with the ATO on your own behalf; and

(b) subject to clause 12.3, we are not responsible or liable to you in connection with any error or mistake in your Estimated Tax Return Position or your tax return lodged with the ATO through the App.

4.4 If, before you lodge your tax return through the App:

(a) your Estimated Tax Return Position indicates that you may be entitled to a tax refund, then you must pay us the applicable fees before lodging your tax return through the App; or

(b) your Estimated Tax Return Position indicates that you are not entitled to a tax refund, then you may lodge your tax return through the App without having to pay the applicable fees.

The applicable fees payable under this clause 4.4 will be displayed or notified to you before you lodge your tax returns through the App.

5 NO FINANCIAL, LEGAL OR TAX ADVICE

You acknowledge and agree that the App and the Services do not contain or provide financial, legal or tax advice, and nothing in the App or the Services constitutes or should be taken or construed as financial, legal or tax advice.

6 USER CREDENTIALS

6.1 You will be entitled to have a single login and password (which may change from time to time) to access and use the App (“User Credentials”).

6.2 You must:

(a) not allow your User Credentials to be used by any third party;

(b) ensure that your User Credentials are kept secure and confidential, and take all steps necessary to ensure that User Credentials are not disclosed, provided or made available to, or otherwise accessed by, any third party; and

(c) notify us as soon as possible after you become aware that your User Credentials have been disclosed, provided or made available to, or otherwise accessed by, any third party.

7 GENERAL RESTRICTIONS

You must not:

(a) resupply, resell, sublicense or make available, or otherwise allow any other person to access or use, the App or the Services;

(b) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the App, including any source code, object code, algorithms, methods or techniques used or embodied therein;

(c) use the App or the Services:

(i) to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any third party;

(ii) to gain unauthorised access to or interfere with any online resources or systems of any third party, including by any form of hacking;

(iii) to distribute unsolicited emails to third parties, including bulk unsolicited emails;

(iv) in any manner that is likely to result in our systems, or that of any other person, being affected by any virus, worm, Trojan or similar computer program;

(v) in a way that infringes the Intellectual Property Rights or any other rights of any person;

(vi) in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space or other resources, or that of our other customers;

(vii) use any data mine, scrape, crawl, email harvest or any other process that sends automated queries;

(viii) for the purposes of accessing, storing, distributing, providing (including to us) or otherwise transmitting any information, data, material or content that:

(A) infringes the Intellectual Property Rights of any third party;

(B) is unlawful, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(C) promotes unlawful violence;

(D) depicts sexually explicit images; or

(E) is discriminatory or promotes discrimination based on race, gender, colour, religious belief, sexual orientation or disability.

8 PRIVACY

8.1 We will handle any personal information you provide or make available to us in accordance with the Privacy Act 1988 (Cth).

8.2 In relation to any personal information you provide or make available to us, you must ensure that you have obtained all consents and made all disclosures required to allow you to provide or make available the relevant information to us lawfully, and to enable us to use the relevant information lawfully to provide the App and the relevant Services to you.

9 INTELLECTUAL PROPERTY

9.1 We (or our licensors, as applicable) own all Intellectual Property Rights in the App (“Background IP”). All modifications and enhancements to the Background IP are also to be treated as Background IP. If you modify or enhance the Background IP in any way, you assign to us all Intellectual Property Rights in those modifications or enhancements immediately from creation.

9.2 You grant us a non-exclusive sublicensable licence to use, reproduce and modify any material, data or information you provide or input through the App for the purpose of providing the App and the Services to you.

10 CHANGES TO THESE TERMS

We may change these Terms at any time. We will notify you via email, your mobile device or the App itself, if we make material changes that are detrimental to you. In the event that we make any changes to these Terms, you are not required to accept them if you do not agree with them, but you will not be able to and must not use the App unless you have accepted the amended Terms.

11 CHANGES TO THE APP

We may but are not obliged to make changes to the App. We will notify you via email, your mobile device or the App itself, if we make material changes that are detrimental to you.

12 LIABILITY

12.1 Subject to clauses 12.2 and 12.3, our aggregate liability to you for any loss or damage you suffer or incur in connection with these Terms, the App or the Services is limited to the Fees paid or payable by you to us in connection with these Terms or your use of the App.

12.2 Subject to clause 12.3 we are not liable for any Consequential Loss however caused (including by our negligence), that you suffer or incur in connection with these Terms or the App.

12.3 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us in connection with these Terms and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election):

(a) replacing and resupplying the App to you or paying the cost of having the App replaced and resupplied to you (at our election); or

(b) resupplying the relevant service within the App to you or paying the cost of having that service supplied to you again (at our election);

as applicable.

12.4 The Tax Agent Services Act 2009 shall apply to the services we provide to you pursuant to the App.    

12.5 You are liable for, and indemnify us from and against, all loss or damage (including legal costs) that we incur or suffer and that arises from or in connection with your breach of clause 7.

13 SUSPENSION OR TERMINATION

13.1 We may suspend or terminate the licence granted to you under clause 2.1 at any time without notice to you.

13.2 If:

(a) you do not accept any amended or new version of these Terms as contemplated in clause 10; or

(b) you do not accept any changes or modifications we have made to the App as contemplated in clause 11,

then the licence granted to you under clause 2.1 will be immediately terminated.

14 GENERAL

14.1 The laws of New South Wales (Australia) govern these Terms and each party irrevocably submits to the jurisdiction of the courts of that place and courts competent to hear appeals from those courts.

14.2 A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.

14.3 You acknowledge and agree that we may use subcontractors to provide the App and Services to you.

14.4 Each provision of these Terms will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

14.5 Unless otherwise stated, the consideration for a supply made under or in connection with these Terms or the App does not include GST. If GST applies, we may, in addition to the consideration payable or to be provided for the supply, subject to issuing a Tax Invoice (as defined in the GST Act), recover from you an additional amount on account of GST.  That amount is to be calculated by multiplying the amount or consideration payable or to be provided by you for the supply by the prevailing GST rate. In these Terms, terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act.

15 DEFINITIONS

In these Terms, the terms set out below have the following meaning:

• App has the meaning given to it in clause 1.1.

• ATO has the meaning given to it in clause 3.1(b).

• Consequential Loss means any indirect, special or consequential loss (being a loss that does not arise naturally, that is, according to the ordinary course of things, whether or not the parties were aware of the possibility of such loss), or any loss of revenues, loss of reputation, consequential loss, loss of profits, loss of bargain, loss of actual or anticipated savings, loss or corruption of data or lost opportunities (including opportunities to enter into arrangements with third parties).

• Estimated Tax Return Position has the meaning given to it in clause 3.1(b).

• Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, trade secret, knowhow, trade or business or company name, or right of registration of such rights.

• Services means any services that we provide or make available to you on the App, including the services contemplated in clauses 3 and 4.

• User Credentials has the meaning given to it in clause 6.1.

• Terms has the meaning given to it in clause 1.1.

• we, our and us have the meaning given to them in clause 1.1.

WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means Providing a platform for self lodgment of a tax return  

the Website means the website www.refunded.com.au

We / Us etc means Refunded Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice. 

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.  

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

contact@refunded.com.au

Trademarks

The trademarks and logos contained on this Website are trademarks of Refunded Pty LtdUse of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.