Conditions of Use
Taxation Institute Of Australia
ABN 45 008 392 372
TERMS AND CONDITIONS OF USE ("TERMS")
In these Terms:
"Confidential Information" means information in any form whatsoever that would reasonably be expected to be excluded from public exposure for the purposes of preserving the commercial position or reputation or otherwise, of the person or group of persons to which the confidential information relates, including personal information.
"Content" means all information and other materials available to User on the Website and any other information or materials supplied by TIA in the course of providing any services including, without limitation, written, audio and visual material which is either available onscreen, available to be downloaded or purchased through the Website or available via any other form of media.
"Contributor" means a person or organisation who is providing or has provided any part of the Content.
"Intellectual Property Rights" means all intellectual property rights including, but not limited to, trade marks, patents, copyright, registered designs and any application or right to apply for any of those rights.
"Login" means the User's login name or Member number which is either allocated by TIA or created by the User.
"Password" means the password which must be used in conjunction with the Login and is either allocated by TIA or created by the User.
"Permitted Use" means personal use for education and research purposes or, if User is an organisation, use for education and research purposes within the User's organisation.
"Security Tags" means the combination of the Login and Password.
"Services" means the aggregate of the services provided by TIA from time to time through the Website.
"User" means a person or organisation who has access to the Website and, is entitled to use the Content and the Services.
"Website" means the website owned and operated by TIA, the URL for which is currently www.taxinstitute.com.au.
2. GRANT OF ACCESS TO THE WEBSITE AND RIGHT TO USE THE CONTENT AND THE SERVICES
2.1 These Terms govern User's access to the Website and use of the Content and of the Services.
2.2 In consideration of TIA granting the User these rights of access and use, User agrees to comply with these Terms.
2.3 The Content available through the Website and through the Services will be determined by TIA from time to time in TIA's absolute discretion.
2.4 User acknowledges that the Content is provided by TIA in its absolute discretion and Content may be revised or changed at short notice.
2.5 User becomes entitled to access the Website and use the Content and the Services upon being so notified (and if applicable, provided with a Login or Security Tags) by TIA.
The User need not be a member of TIA to access the Website or use the Content or the Services. However, members are entitled to receive discounts when purchasing materials from the Website. Access to some areas of the Website and some Content and Services may also be restricted to members, MemberPlus members, or GroupPlus members only.
To find out more about becoming a TIA member and the benefits available to members please go to the About the TIA.
4. USER CONDUCT
4.1 The User warrants to TIA that: (i) the User is not prevented from accessing the Website, or using the Content or the Services; (ii) all information which User provides to TIA when using the Website is true and complete in all respects.
4.2 User agrees to use the Content and the Services only for the Permitted Use.
4.3 When accessing the Website, using the Content and/or using Services, the User must comply with any directions, instructions, protocols and disclaimers posted on the Website or as may be notified by TIA to the User from time to time.
4.4 User is solely responsible and liable for the contents of its own transmissions through the Website including (without limitation), placements of orders and other data entry.
4.5 The information provided through the Website and in the Content and Services may be Confidential Information and other than for the Permitted Use, the User must not modify, publish, print, transmit, participate in the transfer or sale of, repost, reproduce, create new works from, distribute, publicly perform, display, or in any way exploit the Website, the Content and/or the Services in whole or in part without the prior written consent of TIA.
4.6 User agrees that it will not use the Website, the Content and/or the Services for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the Website including (i) taking any action that places an unreasonable burden or excessive load on the operating system of the Website; (ii) taking any action which may infect the Website with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information; or (iii) taking any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Website or networks connected to the Website.
4.7 TIA retains the right, in its absolute discretion, to determine whether or not User's conduct complies with these Terms.
5. SECURITY TAGS
5.1 User must do everything commercially practicable to keep its Security Tags confidential at all times.
5.2 User must not: (i) allow any other person or company to watch it enter Security Tags when accessing the Website, using the Content or the Services, purchasing and/or downloading material; or (ii) record or store its Security Tags in any manner that would indicate to any other person or company that it is the User's Security Tags.
5.3 User must inform TIA as soon as possible if it becomes aware of misuse of its Security Tags or loss or theft of a record of the Security Tags, or if the User suspects that the Security Tags have become known to another person or company. User is liable for any losses or damage sustained by User until it notifies TIA in writing of the loss.
6. WEBSITE AVAILABILITY
6.1 Subject to the appropriate use of Security Tags, the Website, the Content and the Services will be usually available 24 hours per day, seven days a week or as otherwise stated on the Website. TIA may, in its absolute discretion and for any reason and at any time with or without notice:
(a) interrupt or suspend the right of the User to access the whole or any part of the Website; and/or
(b) alter, interrupt or suspend the provision of the whole or any part of the Content and/or the Services to the User.
6.2 User agrees that TIA will not be liable for any damages that may arise from any such interruption suspension or alteration.
7. CONFIDENTIAL INFORMATION
A User must not disclose any Confidential Information made available through the Website.
8. INTELLECTUAL PROPERTY
TIA and/or its Contributors retain ownership over all Intellectual Property Rights.
The User cannot use any Intellectual Property Rights without the prior written consent of TIA (and, if applicable, any of its Contributors). The User must abide by all applicable copyright laws and all restrictions on the use of Content as notified on the Website or elsewhere.
9. CHANGES TO TERMS
TIA is entitled to change these Terms. Users accept that their continued access to this Website or use of the Content and/or the Services after any such change indicates their acceptance of those changes. Users should visit this page periodically to review the then current Terms.
11. LINKS FROM THE WEBSITE
The Website contains links to other websites. TIA is not responsible for the availability or content of any linked website. Any link or reference on this Website to other websites maintained by third parties are provided for User's convenience only and are not to be interpreted as an endorsement by TIA of the owner/sponsor of the website or of the content of the website. The content of any such website is the responsibility of the website owner and TIA has no responsibility for it.
12. LINKS TO WEBSITE
Users may create a link from their website to the Website if the User's linking website complies with the following policies:
- Users establishing a link must notify TIA by email whenever this is done (preferably in advance);
the link must not incorporate any of TIA's trade marks or graphics or other material without TIA's written permission. Any conditions attaching to that permission must have been met; and
the link must not be held in a window or frame with branding or advertising other than that issued by TIA.
13. WARRANTIES AND GUARANTEES
13.1 Except where expressly stated otherwise, TIA gives no warranties or guarantees in relation to the rights to access the Website, and use of the Content and of the Services. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
13.2 TIA does not represent or guarantee that the Website (the Content and/or the Services) will be free from errors or viruses. TIA does not guarantee that access to the Website will be uninterrupted. User acknowledges that the Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including (but not limited to) technical difficulties with, or the performance or operation of TIA's or another person's software, equipment or systems, traffic or technical difficulties with the internet, infrastructure failures, or actions taken by third parties to deny Users access.
Each User agrees to indemnify TIA from any and all liability, loss, damages, claims or causes of action including reasonable legal fees and expenses that may be incurred by TIA, arising out of or related to a breach of any of these Terms by the Users.
15. LIMITATION OF TIA'S LIABILITY
15.1 Where it is not lawful or possible to exclude conditions, warranties or rights implied or given in respect of the Terms by the Trade Practices Act 1974 or other laws, TIA's liability for any breach of such implied conditions, warranties or rights will (but only to the extent allowed by law) be limited (at TIA's option) to the supplying of the service again or the payment of the cost of having the service supplied again.
15.2 Subject to the provisions of this clause and despite any implication arising from any other clause in these Terms, TIA is not liable to User in contract or in tort for, or in respect of, any direct, indirect or consequential loss, damage, liabilities, claims or expenses suffered by the User or any other person arising out of any breach or other act or omission in connection with these Terms or caused by:
(a) any computer virus;
(b) any loss of online connection to the Website or the Content or the Services;
(c) any interruption to a User's business;
(d) reliance by a User or any third party on any of the statements, opinions or data accessed through the Website or contained in the Content or the Services; or
(e) inability to gain access to the Website or use the Content or the Services.
15.3 "Consequential loss" in clause 15.2 includes but is not limited to any loss of profit, use or goodwill or similar financial loss), payment made or due to any other person and any loss or damage caused by delay in the performance of any obligation, together with any expenses incurred by the User in connection with the Website or the use of the Content or the Services, arising from its use or incurred in mitigation or attempted mitigation of such loss or damage.
16. MONITORING USE AND TERMINATION/SUSPENSION
16.1 TIA reserves the right to monitor access to the Website and use of the Content and the Services by the User. TIA reserves the right to deny access to the Website and the Content and/or the Services if in its reasonable opinion: (i) there is a fault with the Website, and the Content and/or the Services; (ii) there has been a breach of the security of the Security Tags of the User accessing the Website or using the Content or the Services; or (iii) there or has been interference with, manipulation of or tampering with the Website and/or the Content and/or the Services.
16.2 TIA is entitled to terminate or suspend the User's right to access the Website and use the Content and/or the Services by notice to the User if the User breaches any of these Terms or is, or becomes, bankrupt or insolvent. Such termination takes effect immediately on notice being given by TIA.
16.3 Upon termination of the User's right to access the Website and/or use the Content and/or the Services, that User looses its right to access the Website and/or use the Content and/or the Services and TIA has no liability.
Any notice given in connection with these Terms must be in writing and must be left or sent by facsimile, pre-paid security post or e-mail addressed to a party at the parties registered office or principal place of residence or business, or e-mail address, for the time being or at such other addresses as may be notified for the purpose of the service of notices.
A notice is deemed to have been given on the date on which it is left, in the case of a notice being sent by facsimile or e-mail it is deemed to have been given at the time of dispatch, and in the case of a notice being sent by post it is deemed to have been given three days after the date of posting.
Even if a part of these Terms is for any reason invalid or unenforceable the remaining part of these Terms remains in full effect.
The User is not entitled to assign or novate a benefit or obligation under this agreement without first obtaining the prior written consent of TIA.
20. RELEVANT LAW
These Terms are governed by the laws of New South Wales, Australia and the User agrees to submit to the non-exclusive, jurisdiction of the courts of that place.