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1.1 These terms and conditions set out the basis upon which Australian Tax Depreciation Services Pty Ltd ACN 105 828 466 ("ATDS") will create and provide you with the Tax Depreciation Schedule. To continue and complete your Tax Depreciation Schedule application and checklist, you must read these terms and conditions and check the box stating that you agree to these terms before clicking on the next button. By checking the box you accept and are bound by these terms and conditions.
1.2 You hereby engage ATDS to create your Tax Depreciation Schedule and authorise ATDS to locate construction documents, make all necessary enquiries and to access the property as required to complete the Tax Depreciation Schedule.
1.3 You expressly agree that ATDS is an information service provider and is not providing legal or tax advice. We will use all reasonable commercial care and attention to provide the Tax Depreciation Schedule in the manner described in the Website and in accordance with ATO guidelines. However, you acknowledge that ATDS will rely on the information supplied by you and the Tax Depreciation Schedule produced by ATDS will be based completely on the information which you submit and/or supply.
1.4 You expressly agree that all information supplied by you is current, accurate and complete in every way and the Australian Taxation Office has the power either to accept (in whole or in part) or to reject any claim for deduction based on depreciation.
1.5 You acknowledge that the Tax Depreciation Schedule is produced for the sole purpose of claims under the Income Tax Assessment Act and is for the use of current or future owners of the premises or their agents in dealing with tax claims only.
1.6 All fees and charges are inclusive of GST at the current rate and may be increased as a result of any changes in the rate of GST. GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Commissioner of Taxation.
1.7 You acknowledge that Australian Tax Depreciation Services will use its best endeavours to perform the Work in accordance with agreed times, but any such agreed times are estimates only and Australian Tax Depreciation Services will not be liable for any claim for late or non- performance.
1.8 You acknowledge that if you choose the Full Inspection Option, the fee is to cover areas within metropolitan regions Australia Wide. ATDS reserves the right to decline any projects that may be outside metropolitan regions or may advise you if additional travel fees are to be applied. ATDS also reserve the right to decline any projects prior to the commencement of the work. You will be advised of this prior to payment and if you have paid a full refund will be applied.
1.9 You acknowledge the report you will receive will be as per the sample reports located on the website. You fully acknowledge that you have made yourself aware of this and are happy to proceed on this basis. Commercial and industrial property reports will vary from project to project, however all residential reports will be similar to what is displayed as the sample report on the website.
2.1 To the fullest extent permitted by law, neither ATDS nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the Website or Tax Depreciation Schedule. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages including loss of data, income or profit, and loss of or damage to property and claims from third parties.
2.2 To the extent permitted by law, ATDS does not make any representation concerning, nor does it warrant, the accuracy, adequacy, reliability, completeness or timeliness of the Website, material or the information provided on the Website and/or the Tax Depreciation Schedule generated by ATDS. Your use of the Website and Tax Depreciation Schedule is entirely at your own risk. Where legislation implies any condition or warranty, and that legislation prohibits ATDS from excluding or modifying the application of, or ATDS's liability under, any such condition or warranty, that condition or warranty will be deemed included but ATDS's liability will be limited for a breach of that condition or warranty to one or more of the following:
This Website is owned and operated by Australian Tax Depreciation Services Pty Ltd ACN 105 828 466 ("ATDS"). By using this Website you expressly agree that ATDS is an information service provider and is not providing legal or tax advice. Your use of the Website constitutes your acceptance of, and compliance with, these Terms of Use.
2.3 ATDS does not warrant that the Website will operate error free or that the Website and its server are free from computer viruses, malicious code or other harmful mechanisms. ATDS does not warrant or make any representation regarding your access to or the result of your access to, the Website (including any related or linked websites) or any material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. You understand and agree that any data downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloaded of such material and/or data. If your use of the Website or the material results in the need for servicing or replacing equipment or data, ATDS is not responsible for these costs.
2.4 You agree to indemnify ATDS against all loss, damage, costs and expense and claims (including reasonable legal costs and expenses) which ATDS may suffer or incur as a result of or as a consequence of your use of the Tax Depreciation Schedule which we supply to you or which arises through your breach of these Terms of Use.
Copyright
All content on the website is the property of ATDS and is protected by copyright. You agree that you will not reproduce, modify, adapt, distribute, transmit, display or publish any of the content of the Website.
ATDS is committed to complying with the requirements of the National Privacy Principles of the Privacy Act 1988 (Cth). These principles regulate the way ATDS collects, uses, discloses, keeps secure, and gives users access to their personal information. Accordingly, this Privacy Policy tells you what information ATDS collects and keeps, what ATDS does with it, and what your rights are in relation to that information.
ATDS may collect and store personal information about you when you visit the Website. The kinds of personal information we collect and hold may include information you give to ATDS when you request a product or service from us including:
We store this data in system logs and use it to monitor demand and improve access to our website. We use IP addresses on this website. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our website, and administer and improve the website.
ATDS uses personal information to better understand your needs and interests and to provide you with better service. Once you choose to provide us with personal information, you can be assured it will be used only to support your customer relationship with ATDS. ATDS will not sell, rent or lease your personal information to others.
We may use this information to assess an application by you for products or services which we provide and to deliver such products and service to you. We may also use this information to contact you about the services offered on the Website or to provide you with information about other products and services offered or distributed by us or our related companies. We may also disclose your information to companies within the ATDS Group so that they can tell you about products and services offered by them.
ATDS treats its obligations under the Spam Act 2003 (Cth) and associated legislation seriously. ATDS will not send you any material without your consent. As a client of ATDS, we will assume that we have your consent to contact you in regard to our products and services. If you do not wish to receive information from us regarding our products and services you should contact us by email at info@austtaxonline.com.au.
You have the right to access your personal information subject to certain restrictions provided for in the Privacy Act 1988 (Cth). If you require access to your personal information or you have any further questions relating to this Privacy Policy, or concerns about the way in which ATDS has handled your personal information, please contact ATDS's Privacy Officer at info@austtaxonline.com.au.
4.1 These terms and conditions are governed by the laws of the State of New South Wales. Both parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.
4.2 ATDS will provide the online products and services to you as an independent contractor. No other relationship can be implied.
4.3 The waiver by any party of a breach of any of these terms and conditions shall not be construed as a waiver of any succeeding breach or as a waiver of the term or condition itself.
4.4 If any provision of these terms and conditions is found to be illegal, wholly or partly invalid or otherwise unenforceable then, from the date of the invalidity, illegality or unenforceability if the offending provision can be read down to make it legal, valid and enforceable without materially changing its effect, it must be read down to the extent necessary to achieve that result and otherwise the offending provision must be severed from these terms and conditions and the remaining provisions shall operate as if the severed provision had not been included.
5.1 ATDS guarantees to assess depreciation entitlements to an amount at least two times our fee in the first full calendar year. If we don't, we will refund all fees and provide our report for free. Please note the fee guarantee is related to your first full calendar year only. Due to Legislation changes the fee guarantee is not available for existing/second hand properties purchased after 9 May 2017 or leased for the first time after 1 July 2017.