T&E Accounting Pty Ltd - Terms of Use
T&E Accounting is committed to delivering our services via the trustandestate.com.au website.
From time to time, T&E Accounting may make services available via the trustandestate.com.au website, such as taxation advice, accounting services and client portal (“trustandestate.com.au services”). These trustandestate.com.au services, and the trustandestate.com.au website, will be collectively referred to as “trustandestate.com.au” in these terms.
Your access to and use of trustandestate.com.au is subject to these terms, T&E Accounting Privacy Policy and the trustandestate.com.au Copyright and Trade Mark Notice (“Terms of Use”), whether or not you become a client of trustandestate.com.au. Prior to using trustandestate.com.au, you should read and understand the Terms of Use.
Unless expressly stated otherwise in these terms, trustandestate.com.au is for residents of Australia only.
1. What you must do
1.1. You must use trustandestate.com.au in accordance with the Terms of Use.
1.2. You may use a security credential (“Client ID”) to access trustandestate.com.au. The Client ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Client ID to access different parts of trustandestate.com.au. The Client ID may be used only for the purposes of accessing trustandestate.com.au and for authorising instructions or requests using the trustandestate.com.au services made available from trustandestate.com.au. Any other use of your Client ID is prohibited.
1.3. If you are using trustandestate.com.au on behalf of another person (“Authorising Person”), for example, your employer, you must be authorised to: use trustandestate.com.au and enter into the Terms of Use, on behalf of the Authorising Person.
2. What you must not do
You must not:
2.1. Use trustandestate.com.au for any activities, or post or transmit to or via trustandestate.com.au any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes.
2.2. Use trustandestate.com.au in a way, or post to or transmit to or via trustandestate.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying trustandestate.com.au.
2.3. Use trustandestate.com.au to send unsolicited commercial or bulk electronic mail messages to anyone.
2.4. Make any fraudulent or speculative enquiries, bookings, reservations or requests using trustandestate.com.au.
2.5. Use another’s Client ID or name without permission.
2.6. Provide false information when registering or changing your trustandestate.com.au registration details.
2.7. Impersonate another person when using trustandestate.com.au.
2.8. Post to or transmit to or via trustandestate.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
2.9. Tamper with, hinder the operation of or make unauthorised modifications to trustandestate.com.au.
2.10. Knowingly transmit any virus or other disabling feature to or via trustandestate.com.au.
2.11. Attempt any of the above acts or permit another person to do any of the above acts.
3. Outsourced services Third party suppliers
3.1. Through the use of trustandestate.com.au you acknowledge and accept the use of outsourced services and third parties suppliers.
3.2. The content management system, email and client portal service are just some of the services accessed through trustandestate.com.au that are the products, services of third parties.
3.3. The third party products, services are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services is with the third party supplier.
3.4. Third party service providers may include but are not limited to the following:
3.4.1. Provider: Microsoft Office 365 Service: Outlook Location: Sydney Server Service Link: Web
3.4.2. Provider: Habitat 3 Service: Dual Data Center & server hosting Location: Sydney Service Link: Web
3.4.3. Provider: Access: Accounting Software Location: Sydney Service Link: Web
3.4.4. Provider: Moxo: Client Portal, Software Location: Sydney Service Link: Web
3.4.5. Provider: Xero: Client Invoicing, Software Location: Sydney Service Link: Web
3.4.6. Provider: Outsourced Services – Taxation Law services – Bookkeeping services – Tax return services – Preparation of financial statements services
4. Third party content
4.1. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services accessed via trustandestate.com.au.
You should check with the third party supplier whether there are additional terms which may apply.
4.2. We do not receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on trustandestate.com.au or accessible through a hyperlink on trustandestate.com.au.
5. Prices and services are subject to change
5.1. All prices displayed and services offered for supply on trustandestate.com.au are subject to change without notice. You should check the price of a service before placing an order for it.
6. Security
6.1. For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the trustandestate.com.au servers. We are not responsible for any information you may lose if the trustandestate.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the trustandestate.com.au servers.
6.2. You must comply with all directions issued by T&E Accounting relating to use of your Client ID and access to trustandestate.com.au. T&E Accounting is not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your Client ID that is meant to be confidential (“Confidential Component of your Client ID”) (for example, the password component of your Client ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it. If you choose to use a workplace email address to access trustandestate.com.au, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
6.3. You must not keep the Confidential Component of your Client ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Client ID to any other person, other than:
6.3.1. Another person authorised by you to access and use trustandestate.com.au on your behalf or
6.3.2. Another person authorised by the Authorising Person (for example, another employee) to access and use trustandestate.com.au on their behalf, in each case provided that the other person (“Authorised Person”) agrees to be bound by the Terms of Use.
6.4. T&E Accounting is entitled to rely on your Client ID as evidence of your identity and authority for the purposes of trustandestate.com.au (including, for example, for the purpose of making payments to T&E Accounting using your credit card details, and for the purpose of nominating email addresses or phone numbers to which T&E Accounting may send billing and payment information relating to your T&E Accounting accounts). You are responsible for all use of trustandestate.com.au and your Client ID where you have not complied with the Terms of Use. Other than by reference to a person’s Client ID, T&E Accounting cannot and does not verify that each person who accesses trustandestate.com.au is in fact the person they say they are, or acts with the authority of the person whose Client ID they use.
6.5. You must immediately notify T&E Accounting if you become aware:
6.5.1. That the Confidential Component of your Client ID has been compromised or is known by a third party (other than by an Authorised Person) or
6.5.2. Of any unauthorised use of your Client ID.
7. In the event that you notify us of either of these things:
7.1. We will take reasonable steps to deactivate the Client ID and issue you with a new Client ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.
7.2. We will take reasonable steps to secure trustandestate.com.au and the systems in our control that are used to access trustandestate.com.au. However, the internet is sometimes unreliable and is a difficult medium to secure. T&E Accounting does not guarantee the security of trustandestate.com.au or the systems (including the internet and your hardware and software) used to access trustandestate.com.au, or any information that passes through such systems.
8. Our liability to you
8.1. Given the nature of online systems, particularly the internet, we cannot guarantee that trustandestate.com.au will always be available or fault or virus free.
8.2. The terms that apply to the supply of trustandestate.com.au are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
8.3. We are not responsible for loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment loss of data or loss of profits or revenue and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
8.4. You must take reasonable steps to minimise the extent of the loss you may suffer as a result of trustandestate.com.au. For example, you should take reasonable steps to ensure that you will not suffer loss if the service is not always available by, for example, maintaining copies of all original documentation, data files and communication offline.
8.5. You must notify us in writing of your loss as soon as is reasonably possible.
9. Your liability to us
9.1. You are liable to us for breach of contract or negligence under the principles applied by the courts.
9.2. You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.
10. Change of the Terms of Use
10.1. We may change the Terms of Use by obtaining your consent or giving notice as outlined below. The period of notice we will give you depends on the type of change.
10.2. If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
10.3. If the change has a detrimental impact on you but is
10.3.1. required by law
10.3.2. necessary for security reasons
10.3.3. to prevent fraud, or
10.3.4. for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you three days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out below.
10.4. If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using trustandestate.com.au or on a specific class of customers who use trustandestate.com.au in a particular way (and you are one of this class), we will give you at least 30 days prior notice of the change.
10.5. If the change is not of a type described we will give you at least 10 days prior notice of the change.
10.6. If we change the Terms of Use, you may choose to stop using trustandestate.com.au. Any use of trustandestate.com.au after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.
10.7. We do not have to notify you if we make changes to the trustandestate.com.au website.
11. Termination
11.1. You may stop using trustandestate.com.au at any time, for any reason.
11.2. We may stop making trustandestate.com.au, or a part of trustandestate.com.au, available with 30 days prior notice. Notice may be given in the manner set out.
11.3. We may immediately suspend, terminate or limit your access to trustandestate.com.au if you are in breach of the Terms of Use and
11.3.1. the breach is something which cannot be remedied or
11.3.2. you fail to remedy the breach within 30 days of our written notice to you of that breach
11.3.3. there is an emergency.
11.4. If you enter a contract for the supply of services via trustandestate.com.au, that contract will not be affected if T&E Accounting stops making trustandestate.com.au or part of trustandestate.com.au available to you, unless the services are supplied via trustandestate.com.au.
12. Communication with you
12.1. As part of some trustandestate.com.au services available via trustandestate.com.au, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do the following will apply:
12.1.1. You are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
12.1.2. You must notify T&E Accounting as soon as possible of any changes to your contact details for the online services using the online method provided by T&E Accounting.
12.2. We will give you notice by:
12.2.1. Posting the content of the notice to trustandestate.com.au and
12.2.2. If you have a T&E Accounting client portal sending an email.
12.3. From time to time, in addition to giving you notice in the way required of us we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.
13. Use of your information and material
13.1. When you send us any feedback, suggestions, ideas or other materials in relation to or via trustandestate.com.au, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
14. Goods and Services Tax
14.1. If GST is imposed on any supply made by us through trustandestate.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
15. General matters
15.1. This agreement is governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning this agreement.
15.2. If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
15.3. If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.
15.4. You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.
16. Specific disclaimers
16.1. Copyright Notice: T&E Accounting text, photos, graphics, audio and video works are only for the Permitted Use and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such T&E Accounting materials and works must not be stored in any electronic or other system except for the Permitted Use. Neither the Licensee, User or any other person may hold T&E Accounting liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.
16.2. T&E Accounting Site Disclaimer: The views expressed in the interviews featured in our podcasts or in the reports featured on this site are not those of T&E Accounting. We do not necessarily agree with the views expressed and we are not responsible for any statements made by the speakers during the podcast or in the reports. We make no claims that the statements are correct, reliable or complete. You should make your own enquiries before acting upon or relying on any statements made.
16.3. T&E Accounting has made every effort to ensure that the information presented on this web site is correct and true. The information presented here is of a general nature and under no circumstances be considered advice. There is a possibility that changes in circumstances after the date of publication may impact on the accuracy of the information. The company accepts no responsibility or liability for the public’s subsequent use or misuse of the information provided. We encourage you to contact our office before making any decisions based on the content of this website.
Company Details: T&E Accounting Pty Ltd
ABN: 48 618 737 581
Street Address: Unit 16/71 Bradley St, Spring Hill QLD 4000
Postal Address: GPO Box 3042, Brisbane QLD 4001
By Phone: Click Here
By Email: Click Here