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Conditions of Use

The Tax Institute (TTI)
ABN 45 008 392 372

TERMS AND CONDITIONS OF USE ("TERMS")

1. DEFINITIONS

In these Terms:

"Blog Content" means any Content uploaded, posted to or made available on any blogs or forums on the Website, including Content appearing on TTI newsletters.

"Blog Contributor" means a Registered User who contributes to a public forum or blog on the Website or to TTI newsletters.

"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 a User on the Website and any other information or materials supplied by TTI 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 TTI or created by the User.

"Password" means the password which must be used in conjunction with the Login and is either allocated by TTI 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.

"Privacy Policy" means the TTI privacy policy governing the use of the Website located at the URL www.taxinstitute.com.au.

"Registered User" means a TTI member or a User who is permitted by TTI to access certain areas of the Website, such as blogs or public forums or received TTI's newsletters.

"Security Tags" means the combination of the Login and Password.

"Services" means the aggregate of the services provided by TTI 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 TTI, 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 the User's access to the Website and use of the Content and of the Services.

2.2           In consideration of TTI 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 TTI from time to time in TTI's absolute discretion.

2.4           User acknowledges that the Content is provided by TTI 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 TTI.

3. MEMBERSHIP

3.1           The User need not be a member of TTI 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.

3.2           To find out more about becoming a TTI member and the benefits available to members please go to the About the TTI.

4. USER CONDUCT

4.1           The User warrants to TTI that: (i) the User is not prevented from accessing the Website, or using the Content or the Services; (ii) all information which the User provides to TTI when using the Website is true and complete in all respects.

4.2           The 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 TTI to the User from time to time.

4.4           The 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 TTI.

4.6           The 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           TTI retains the right, in its absolute discretion, to determine whether or not the User's conduct complies with these Terms.

5. SECURITY TAGS

5.1           The User must do everything commercially practicable to keep its Security Tags confidential at all times.

5.2           The 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           The User must inform TTI 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 TTI 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. TTI 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 TTI will not be liable for any damages that may arise from any such interruption suspension or alteration.

7. BLOGS, FORUMS AND NEWSLETTER FEEDBACK

7.1           Registered Users may access, create, establish or contribute to any public forums or blogs on the Website, including to TTI newsletters, in accordance with these Terms.

7.2           If a Blog Contributor contributes to a public forum or blog on the Website, including to TTI newsletters, such contribution will be stored and displayed on the Website unless the Blog Contributor notifies TTI that it he/she wants his/her contribution to remain private. No email addresses will be shown in the public forums or blogs.

7.3           TTI retains the discretion whether to publish, edit, delete, block, reject, take down or remove any part or all of any Blog Content.

7.4           Blog Contributors retain all intellectual property rights in their Blog Content. Each Blog Contributor grants to TTI an irrevocable, royalty free, perpetual, worldwide licence to use, modify, transmit, communicate to the public, reproduce and sublicense his/her Blog Content in any form, including on the Website and in any print or electronic publication.

7.5           Blog Contributors consent to TTI doing or omitting to do any and all acts in relation to their Blog Content that would otherwise infringe any past, existing or future moral rights in the Blog Content. Blog Contributors waive any rights they may have to take action against TTI in relation to any act or omission which would otherwise infringe any past, existing or future moral rights in their Blog Content.

7.6           Each Blog Contributor warrants that his/her Blog Content is his/her original work and he/she owns all rights in relation to the Blog Content. Each Blog Contributor indemnifies TTI against any action, claim or proceedings alleging that the Blog Content infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by TTI in connection with the foregoing.

7.7           Blog Contributors must not upload, post or otherwise make available any Blog Content that is or is likely to be deemed false, misleading or deceptive, obscene, offensive, personally offensive or defamatory, threatening, vulgar, pornographic, indecent, insulting to others or discriminatory in nature, in particular, based on religion, race, ethnicity, age, gender, sexual orientation or physical or mental disability or creates a privacy or security risk to another person or incites violence or hatred.

7.8           Blog Contributors must not include in their Blog Content any links to any third party websites.

7.9           To the extent permitted by law, TTI will be under no liability to Blog Contributors in respect of any loss or damage which any Blog Contributor may suffer or incur or which may arise directly or indirectly in connection with the Blog Contributor's supply of Blog Content to TTI's public forums and blogs, or the subsequent use of the Blog Contributor's Blog Content by TTI or any third parties.

7.10        TTI reserves the right (but is not obliged) to:

(a)            monitor, review, edit, remove, alter or refuse to post or transmit any Blog Content (in whole or in part), the transmission or the posting of which would, in TTI's sole discretion, endanger or violate any rights of any person (or which has the potential to endanger, harm or violate such rights) or constitute an offence or a breach of these Terms or any policy, notice or other requirement of TTI; and

(b)            store or disclose any information that it collects, including Blog Content, for any reason, including for the purpose of any police investigation or government request.

7.11        TTI is not responsible or liable for the content of any material (including but not limited to the Blog Content posted to this Website) provided by third parties which is defamatory, obscene, inaccurate, misleading, unlawful, pornographic or which in any way infringes a third party's rights, including but not limited to intellectual property rights.

8. CONFIDENTIAL INFORMATION

A User must not disclose any Confidential Information made available through the Website.

9. INTELLECTUAL PROPERTY

9.1           TTI and/or its Contributors retain ownership over all Intellectual Property Rights.

9.2           The User cannot use any Intellectual Property Rights without the prior written consent of TTI (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.

10. CHANGES TO TERMS

TTI 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. PRIVACY

TTI values the User's right to keep personal information private. Personal information collected online by TTI, either as a result of visiting this Website or by Users directly providing personal information to TTI, is collected, stored and used by TTI in accordance with TTI's Privacy Policy. For more information regarding TTI's Privacy Policy please click here: TTI Privacy Policy

12. LINKS FROM THE WEBSITE

The Website contains links to other websites. TTI 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 TTI 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 TTI has no responsibility for it.

13. 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 TTI by email whenever this is done (preferably in advance);
  • the link must not incorporate any of TTI's trade marks or graphics or other material without TTI'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 TTI.

14. WARRANTIES AND GUARANTEES

14.1        Except where expressly stated otherwise, TTI 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.

14.2        TTI does not represent or guarantee that the Website (the Content and/or the Services) will be free from errors or viruses. TTI does not guarantee that access to the Website will be uninterrupted. The 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 TTI'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.

15. INDEMNITY

Each User agrees to indemnify TTI from any and all liability, loss, damages, claims or causes of action including reasonable legal fees and expenses that may be incurred by TTI, arising out of or in relation to a breach of any of these Terms by the User.

16. LIMITATION OF TTI'S LIABILITY

16.1        Where it is not lawful or possible to exclude conditions, warranties or rights implied or given in respect of the Terms by the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2011 (Cth) or other laws, TTI's liability for any breach of such implied conditions, warranties or rights will (but only to the extent allowed by law) be limited (at TTI's option) to the supplying of the service again or the payment of the cost of having the service supplied again.

16.2        Subject to the provisions of this clause and despite any implication arising from any other clause in these Terms, TTI is not liable to any 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.

16.3        "Consequential loss" in clause 16.2 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.

17. MONITORING USE AND TERMINATION/SUSPENSION

17.1        TTI reserves the right to monitor access to the Website and use of the Content and the Services by the User. TTI 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.

17.2        TTI 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 TTI.

17.3        Upon termination of the User's right to access the Website and/or use the Content and/or the Services, that User loses its right to access the Website and/or use the Content and/or the Services and TTI has no liability.

18. NOTICES

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.

19. INVALIDITY

Even if a part of these Terms is for any reason invalid or unenforceable the remaining part of these Terms remains in full effect.

20. ASSIGNMENT

The User is not entitled to assign or novate a benefit or obligation under this agreement without first obtaining the prior written consent of TTI, such consent may be withheld at TTI's discretion.

21. 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 New South Wales.

 

Updated as at 8 October 2015