Last updated: July 5, 2021
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship to the website and TaxFox mobile application (“App”, TaxFox App” and ”Mobile App”) operated by TaxFox Australia Pty Ltd (“TaxFox”, "us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User) is any living individual who is using our Service and is the subject of Personal Data.
Fees means any fees, costs, charges, disbursements or other amounts charged by us to you for use or access of any service.
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).
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
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 or Apps.
Sites means any website, android app or iOS app that we make available from time to time including any site that we use to offer access to services and “site” means any one of the sites as the context requires. Without limitation, “site” includes www.taxfox.com.au.
User Account means any account registered with us for the purposes of accessing one or more services.
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website means the website www.taxfox.com.au or any other website owned or operated by TaxFox
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.
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 information submitted by you or on your User Account.
Privacy and Security
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access TaxFox. That Login ID and password, together with any other information you provide at signup form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorised use of your Registration Information, you agree to notify us immediately via firstname.lastname@example.org.
In order to benefit from the full functionality of TaxFox, You must provide us with Your Account Credentials. By doing so, You will enable us to link Your TaxFox account with Your Bank Account. For clarity, Account Information will be collected from all Bank Accounts for which You provide Account Credentials.
Due to the nature of TaxFox, from time to time, we may collect and hold additional Personal Information or other information about You. This information may be secured shared with a third party if required or necessary and can include:
Your address, date of birth and contact details;
information about Your financial circumstances and objectives, including Your assets, liabilities, income, expenditure, taxation information, insurance, superannuation and investment preferences;
the type of operating system and/or other software or firmware used by Your computer or Mobile Device;
the Data You send and receive by using TaxFox, as well as the type and quality of that Data;
your GPS location;
the dates on which and the times at which You use TaxFox, including the duration of such use; and
the IP address and the MAC address of Your computer or Mobile Device.
This is not an exhaustive list.
Tax file number
We will only collect, hold, use and disclose Your tax file number in accordance with the Privacy Act 1988 (Cth), the Privacy (Tax File Number) Rule 2015, the Tax Administration Act 1953 (Cth) and other applicable laws (as amended from time to time). Without limiting our obligations under those laws, we will take reasonable steps to ensure that You are informed of:
the taxation law or other applicable law which authorises us to request or collect Your tax file number;
the purpose(s) for which Your tax file number is requested and collected; and
the consequences of declining to quote Your tax file number.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TaxFox Australia Pty Ltd cancels it. You may cancel your Subscription renewal through the mobile app store where you originally purchased the subscription.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide TaxFox Australia Pty Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise TaxFox Australia Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, TaxFox Australia Pty Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
TaxFox Australia Pty Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TaxFox Australia Pty Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except to the extent required by the Australian Consumer Law, we do not provide or offer refunds of any of our Fees or Subscriptions.
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, 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.
TaxFox Use in Other Devices
Use of TaxFox may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
TO THE EXTENT PERMITTED BY LAW, TAXFOX MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO TAXFOX AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH TAXFOX.
Online, Email and Mobile Alerts
We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your TaxFox account, such as a change in your Registration Information.
These alerts provide you with alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you
may be asked to select from among these options within your TaxFox account settings.
Electronic alerts will be sent to the email address you have provided as your primary email address for TaxFox. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.
Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include your TaxFox Login ID and transaction and other information about your accounts, depending upon which alerts you select.
Rights You Grant Us
By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to us through the Website or the App, you are licensing that content to us and our third party providers (including Basiq) solely for the purpose of benefits provided to you by through use of TaxFox. We, or our third party providers, may use and store the content, but only to provide these benefits to you. By submitting this content to us, you represent that you are entitled to submit it to us and our third party providers for use for this purpose, without any obligation by us to pay any fees or other limitations.
By using TaxFox, you expressly authorise us, or our third party providers (including Basiq), to access your Account Information maintained by identified third parties, on your behalf as your agent. The Basic Terms (set out at Annexure 1) will apply to your use of this feature of TaxFox. Please read the Basiq Terms and consider if they are acceptable to you before proceeding. When you use the “Bank Link” feature of TaxFox, you will be connected to the secure portal for the account provider you have identified.
TaxFox will submit information including usernames and passwords that you provide to log you into the site. You hereby authorise and permit us and our third party providers (such as Basiq) to use and store information submitted by you to TaxFox (such as account passwords and user names) to accomplish the foregoing and to configure TaxFox so that it is compatible with the account provider sites for which you submit your information.
For purposes of these Terms and solely to provide the Account Information to you as part of TaxFox, you grant TaxFox a limited power of attorney, and appoint TaxFox as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, and permit us to appoint our third party providers as sub-agent.
YOU ACKNOWLEDGE AND AGREE THAT WHEN TAXFOX OR OUR THIRD PARTY PROVIDER IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM ACCOUNT PROVIDER SITES, TAXFOX OR OUR THIRD PARTY PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE ACCOUNT PROVIDER.
You understand and agree that neither TaxFox nor our third party providers are not sponsored or endorsed by any account providers accessible through TaxFox.
The Service and its original content, features and functionality are and will remain the exclusive property of TaxFox Australia Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TaxFox Australia Pty Ltd.
All intellectual property in relation to the Website, the App and sent to you via email (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics) (“Intellectual Property”) belongs to us or its licensors, advertisers or affiliates.
We retain all right, title, and interest in and to the Website, the App and all related content and Intellectual Property, and nothing you do on or in relation to the Website, the App or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.
You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website or the App.
You may view content or print a copy of material on the Website or the App for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
The contents of TaxFox belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Website and the App subject to these Terms. You may download or print a copy of information provided on Website or the App for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from TaxFox in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TaxFox Australia Pty Ltd.
TaxFox Australia Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TaxFox Australia Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Third-Party Links and Offers
Some parts of TaxFox are supported by sponsored links from advertisers and display offers that may be custom-matched to you based on information you have stored in TaxFox, queries made through TaxFox or other information. We will always disclose when an offer is sponsored. Such information is provided by TaxFox ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk. We do not endorse, warrant or guarantee the products or services available through the offers provided by TaxFox. We do not guarantee nor represent that offers (or any other third- party products or services advertised on or linked from our site) are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any third party sponsor.
All third party products and/or services including names, services, company names and logos mentioned on the Website or the App are trademarks of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.
If you have an enquiry or complaint about a particular merchant, business, advertisement, link, email, or survey, you may contact us at email@example.com.
We will do our best to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the merchant, business or advertiser directly.
You use any recommendations within TaxFox at your own risk and should consult your financial advisors prior to entering into any products recommended. TaxFox does not provide financial advice, but provides you with an opportunity to review your financials in a new perspective and make judgments upon your own volition.
No Financial or Other Advice Provided
The information contained on this website and in the App is general in nature and does not take into account your specific needs, objectives or circumstances. You should consult a professional financial adviser, taxation adviser, accountant or other adviser to obtain specific advice for your particular situation.You should obtain your own financial and other advice before making any decision to sue. Nothing on this website should be construed to be financial, legal or other advice of any type.
All content contained on this website or otherwise provided to you as part of the 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.
This Service provides templates and information that are tools to be used to prepare your legal and other documents. It is not intended to give you legal advice or provide you with any legal services; it is intended to provide you with useful information, links, and information that you use at your own risk and discretion. The law is different from jurisdiction to jurisdiction and is a personal matter, so no general information of the type we provide can be assured to fit every individual situation nor have we taken your personal circumstance into account. You should consult a lawyer in your area and jurisdiction to obtain specific advice for your particular needs and situation. Nothing on this website and nor should any product sold be construed to be legal advice of any type.
If you use our Service, receive any information from us (such as legal guide or other piece of content) or download any of our documents, this does not mean that we become your lawyers or that a solicitor-client relationship is created.
Terms About Our Data
You acknowledge that Our Data is provided as a guide only and is general in nature. Our Data has not taken into account 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 licence to use our intellectual property. On ceasing to use or finalising the use of any service requiring such a licence, the licence 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.
Website and App Content
Whilst we make every effort to ensure information or content published on the Website or the App by us is accurate and complete, to the maximum extent permitted by law, we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.
Any dated information or content published by us on the Website or the App is current at the time of publication, and we are not obliged to update or amend any such information or content.
Social Media Connections
Use of TaxFox may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against TaxFox’s programming interface. Any such limitations will be specified within the App.
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.
Limitation Of Liability
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
It is an essential precondition to you using or Service that you agree and accept that TaxFox 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 our Service 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. TaxFox is not responsible for any loss or damage you may incur; however, it may arise by use of the website, the mobile app or its templates.
We make no warranties or representations about this website or any 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.
In no event shall TaxFox Australia Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
TaxFox Australia Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Disclaimer of Warranty
To the maximum extent permitted by law, you acknowledge that you have not relied upon or been induced by any representation made by us or on our behalf, and that we make not warranty or representation, as to:
the results that may be obtained through using TaxFox (except to the extent expressly stated otherwise in the Terms, on the Website or on the App);
the accuracy, reliability or otherwise of any information obtained through using TaxFox or TaxFox Rewards;
the financial or other rewards which may be obtained through using TaxFox Rewards (except to the extent expressly stated otherwise in the Terms, on the Website or on the App);
the Website or App being uninterrupted, timely or error free; and
the goods and/or services purchased or obtained through third-party websites accessed through TaxFox Rewards, including goods and/or services offered by third parties.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to TaxFox; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of TaxFox.
You acknowledge and agree that you alone are liable for any and all taxation implications relating to your use of TaxFox or you obtaining rewards through TaxFox Rewards, and you alone will be liable for having any such tax liability assessed and paid.
We recommend that you consult with your accountant or tax adviser to ensure that you understand any possible tax implications related to your use of TaxFox..
Upon demand, you will indemnify and keep indemnified us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents (collectively, “those indemnified”) against all liability for fringe benefits tax or other taxes (or their collection) incurred by those indemnified and arising from your use of TaxFox or you obtaining rewards through promotions.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
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.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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.
Exclusion of Competitors
If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users then you are a competitor of TaxFox. TaxFox expressly excludes and does not permit you to use or access its website, to download any documents, templates or information from this website or obtain any such documents or information through a third party. If you breach this term then TaxFox will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such non-permitted and improper use. TaxFox reserves the right to exclude and not permit any person from using its website, App or any of the documents and information contained on it.
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.
If You wish to notify us of any privacy complaint You may have against us, including if You think that we have failed to comply with the Australian Privacy Principles, You may contact us at firstname.lastname@example.org.
We are committed to acknowledging Your complaint in a prompt manner and will give You an estimated timeframe for when we will respond to Your complaint.
It is our intention to resolve Your complaint to Your satisfaction. However, if You feel that Your complaint has not been satisfactorily addressed or that it is taking too long to resolve Your complaint, You are entitled to contact the relevant privacy regulator.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. You may be asked to confirm your acceptance to the modified terms. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us by email at: email@example.com.
1. Provide Accurate Information
1.1 Each User agrees to provide and warrant that all information provided or otherwise submitted via the Services is true, accurate and complete.
1.2 Each User acknowledges and agrees that it is responsible for its use of the Services and that:
each User uses the Services at their own risk;
the Services will only be used for the User’s own lawful purpose in accordance with this Minimum User Terms; and
if there are any unauthorised access or use of the Services or any breach of security, the User must immediately notify TaxFox Australia Pty Ltd of such activity.
2. Proprietary Rights
2.1 The User represents and warrants it is permitted to use content delivered to the User via the Services. The User may not copy, reproduce, distribute or create derivative works from this content. The User agrees not to reverse engineer any of the source code or technology associated with the Services.
3. Content and Data
3.1 Your use of the Services supplied by TaxFox Australia Pty Ltd is subject to interoperation of services supplied by third party websites or applications. By using the services, you appoint TaxFox Australia Pty Ltd as your limited agent authorised to: access such third party websites or applications, servers, documents and information as designated by you; use your information; and perform all acts as required for TaxFox Australia Pty Ltd and Basiq to supply Services to you.
3.2 Each User is licensing to TaxFox Australia Pty Ltd and its service providers (including but not limited to Basiq) (Service Provider) any information, data, materials or other content the User provides through or to the Services (Content), the right to use, modify, display, manipulate and create derivative works using such Content and provide the Services to the User.
3.3 Each User acknowledges and agrees a Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through the User’s use of the Services.
4.1 Each User acknowledges and agrees that:
its use of the Services and all information, products or content are provided to such User in good faith on an “as is” and “as available” basis. To the fullest extent permitted by law, the User and Service Providers expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services;
the User is responsible for determining the suitability of any Services and such User relies on any Content or other information provided via the Services at its own risk;
use of the Services, Content and other information provided by TaxFox Australia Pty Ltd and Service Providers is at their own risk and the restrictions applicable to TaxFox Australia Pty Ltd are equally applicable to the User;
TaxFox Australia Pty Ltd and Basiq makes no warranty that:(i) the Services will meet the User's requirements; (ii) the quality of the Services will meet the User’s expectations; (iii) the Services will be uninterrupted or error-free; (iv) any information, product or content obtained via the Services will be accurate or reliable; and (v) any errors in the software or technology will be corrected.
the User downloads or otherwise obtains through the use of the Services the material or data at its own discretion and risk and that the User will be solely responsible for any infections, contaminations or damage to their computer, system or network; and
TaxFox Australia Pty Ltd and Basiq are not responsible or liable for delays, inaccuracies, errors or omissions arising out of any User’s use of the Services, any third party software, services or operating system.
5. Limited Warranties
5.1 The User warrants that:
it has the power, right, authority and entitlement to execute these Terms and perform its obligations under these Terms;
it has full corporate power to execute, deliver and perform its obligations under these Terms;
these Terms constitute a legal, valid and binding obligation of it enforceable in accordance its terms by appropriate legal remedy; and
in entering into and performing its obligation under these Terms it has not and will not be in breach of any relevant law or any obligation owed to another person.
6.1 Each User agrees to be liable for and to indemnify, defend and hold Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
any violation of these Terms or of any intellectual property or other right by the User;
any use or misuse of the Services, Content or data from or by the User, its employees, contractors or agents or any third party; and
any breach of law, regulation or licence by a User.Each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provisions as if Basiq is a party to these Terms.
7. Basiq A Party
7.1 Each User acknowledges and agrees that:
the User enters into these Terms with TaxFox Australia Pty Ltd who, for the purposes of accepting these Terms, is acting as limited agent for Basiq; and
each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provision as if Basiq were a party to these Terms.