BACKGROUND
A. If after having visted this site, You decide to use Our personal consultation service, We will provide You with a separate Client Service Agreement in respect thereof, otherwise the following covers your use of this site.
B. Karmaland Pty Ltd, ABN 53 153 545 218, Trading As; Deduct Your Home, conducts business under the domain name www.deductyourhome.com.au
C. In order to offer You Our proprietary materials, methods and systems for Your beneficial and easy consumption (the Products and Services), We purchased the commercial rights to exploit some 12,000 hours of applied effort and intellectual capital as expendd by Deduct Your Home’s founder.
D. With respect to using Our Products and Services to run one or more home businesses, You wish for Us to assist you in determining:
(i) Your suitability to do so under one or more existing or potential business structures and;
(ii) Your potential to enjoy a worthwhile positive outcome from so doing.
E. In accessing the site www.deductyourhome.com.au, it is hereby agreed that You have read, understood and accepted to be bound by these Terms and conditions (Terms) and that furthermore, each and every time you access or browse our Site you are deemed to accept these Terms.
TERMS:
1. Intent
1.1. Firstly; we seek to provide our prospective customers with high quality, free information, to enable them to better determine the appeal of the many potential personal and business benefits we’ve uncovered that legally exist in relation to running a home business;
1.2 Secondly; we aim to ethically convince suitable users as to utilising our proprietary know-how and materials, designed to far easier and better facilitate the organising of one’s affairs in relation to our home-business-property “Procedures”;
1.3 Furthermore, it may be appropriate that one or more qualified professional advisers are enlisted to assist this to occur in which case we aim to demonstrate why we’re perfectly positioned to assist our clients to get the most benefit and value from these folk.
2. Definitions
In these terms and conditions (Terms):
2.1 “Us“, “Our” or “We” means Deduct Your Home;
2.2 “Content” means any Documents, information, text, materials, graphics, templates, code and software on the Site or as otherwise provided by Us to You;
2.3 “Document” means any document stored, assembled or posted on, downloaded, or printed from the Site or as otherwise provided by Us to You, including any legal terms, templates or educational or other information;
2.4 “Intellectual Property” means all documents and other content that You either access from Our site or otherwise obtain from Us plus all the things that construe the Services We provide You with.
2.5 “Know-How” means all things inherent to Our Intellectual Property.
2.6 “Panel” or “Panellist” means a qualified and licensed sole practitioner or firm appointed by you to deliver advice and services to you within the scope of the “Template Letters of Instruction”, as appended to The “Set Up For Life”® documentation;
2.7 “Procedure” means a “Set up For Life” ® Procedure;
2.8 “Products” has the same meaning as Document;
2.9 “Set Up For Life”® means Our range of proprietary home business Procedures that We may make available to You.
2.10 “Services” means anything We do for You;
2.11 “Site” means our website and all related sites, systems, files, components and programs, or any part of it;
2.12 “Them” means a Panellist or Panellists;
2.13 “User“, “You” and “Your” means any person who accesses the Site (to the exclusion of Panellists).
3. Intellectual Property Rights
3.1 All names, logos, trademarks and Procedures espoused on this Site are either our property or belong to the third parties who have contributed to the Site. Nothing on the Site should be interpreted as granting any license or any rights to use or distribute any names, logos, trademarks or Procedures without our prior written agreement;
3.2 Unless expressly indicated otherwise, all copyright in the Documents accessed through Us or this Site is owned by Us (or our suppliers and/or licensors where applicable). The Content is protected by both Australian and international copyright laws.
3.3 You must not challenge either Our Copyright or Moral Rights in the documented Intellectual Property, Our ownership of it nor Our rights to exercise control over it.
4. Your Use of the Site
4.1 Your use of any Products and or Services produced and or provided through Us or this Site is authorised by Us solely in the manner as described by Us as at the time You purchased these;
4.2 You may not re-use any Document you have obtained through Us or this Site for any additional matters or transactions that are not the subject matter of the original use of the Document. You may not sell, give away, rebroadcast, publish, republish, lend or otherwise distribute electronically or in hard copy, any of the Documents or other information contained in this Site, whether for free or for a fee or other consideration, without our prior written approval;
4.3 Whether dealing with Your self-appointed panels, You are responsible for ensuring that all information that You provide them with is correct and complete in all respects.
4.4 Your information is Your property.
5. License To Use Documents
We grant Users a non-exclusive, non-transferable license to access and read one copy of a Document as purchased under license from Us for use by You. You may not change or modify any Document which has been accessed through Us or assembled on or downloaded from the Site.
6. Conduct
6.1 Upon Our engagement, You must allow Us to consult with You to whatever extent We require to properly perform Our Services.
6.2 Amidst consultation/s, We shall expertly and ethically determine whether or not You are suited to Our Products and Services where if not, there shall be no cost or obligation on your part.
6.3 Further to (6.2), if we deem that You are suited to Our Products and Services, We may then offer these to You under a separate written Agreement which if entered into, allows Us to assist You to prepare an application for an Australian Taxation Office (ATO), Private Binding Ruling (PBR), as intended for You to obtain the utmost benefit and protection as derived from Our specialist knowledge and experience as embedded in Our Products and Services.
6.4 You cannot submit an ATO private binding ruling application that contains our declared intellectual property unless we firstly approve this to you in writing.
7. Privacy
You acknowledge that You have read, understood and accepted Our Privacy Policy as published on this website.
8. No Legal, Property, Finance or Financial Advice
8.1 The Site contains a great deal of general and technical information that We deem valuable to you as a prospective user of the Content;
8.2 Such information may not be fully comprehensive and neither may it be immediately if ever fully comprehensible to You and nor does it purport to provide any measure of personal advice to You or to any entity You own or control in matters of legal, property, financing or financial planning;
8.3 To the extent limited above, the information does not include consideration of Your personal and/or business needs, investment objectives, financial situation or any other needs;
8.4 The Documents are varying in specific nature and have been developed for particular purposes under differing yet specific circumstances. Whilst the various documents may be able to be customised to a limited degree, they have not however been drafted with Your particular circumstances in mind and may therefore not appear from the outset to be completely suitable for Your purposes. In these situations, the Panellists have the right to contact Us for further and better information and or guidance and instructions so as to improve their services to You;
9. Disclaimer
We and each of our employees , contractors and agents, expressly disclaim all liability for any loss or damage whatsoever (whether foreseeable or not), which may arise from any person acting or relying on any statements or documents contained on or downloaded from this Site or otherwise obtained through Us and yet which has not been provided in the context of formal written advice .
In conclusion, you expressly acknowledge and agree that:
9.1. You are acting without personal legal, property, finance or financial product advice from Us when using the Site or the Documents;
9.2 If you obtain any personal, legal, property, finance or financial product advice from a Panellist, any future client/adviser relationship will be with the Panel or Licensee practitioner/s that is/are in contact with You, and it will not be with Us;
9.3 We accept no liability for any advice given or not given by or for anything done or not done by any Panellists;
9.4 We have not provided You with any personal financial product advice or a financial service as defined in The Corporations Act 2001 and;
9.5 Due to a forever changing local, regional, national and global holistic environment, the information in the Documents may become outdated and that although we intend providing periodical updates for our clients, these are not guaranteed to be all-encompassing and or totally future-proof.
10. No Representation
10.1 We do NOT purport to represent The Commonwealth Government of Australia, The Australian Securities and Investment Commission (ASIC) , The Australian Taxation Office (ATO), The Tax Practitioners Board or any other Australian state or territory government or their respective agencies;
10.2 We do NOT purport to represent any other private person or firm.
11. Obligation Of Confidence
The intellectual property inherent to the Products and Services we provide constitute Our “Know-How” and whilst You may at all times now and in the future generally discuss your intended home business arrangements as provided for by Us with unrelated third parties to this Agreement (namely; family, friends, colleagues, associates and your advisers), You must however keep strictly confidential, all specific materials, discussions and other Know-How that We provide or otherwise impart upon You, in the course of providing You with Our Products and Services.
12. Continuing Provision
Your obligations set out in this Agreement continue to apply other than to the extent that We specifically release You in writing from any such obligations or to the extent that five years have passed since the Confidential Information in its entirety has rested in the public domain.
13. Waiver
13.1 Waiver of any right, power, authority, discretion or remedy arising on default under this Agreement must be in writing and signed by the party granting the waiver.
13.2 A failure or delay in exercise or partial exercise, of a right, power, authority, discretion or remedy created or arising on default under this Agreement does not result in a waiver of that right, power, authority, discretion or remedy.
14. Variation
Any variation of this Agreement must be in writing and signed by the parties.
15. Notices
15.1 All notices and communications in respect of this Agreement;
15.1.1 Must be legible and in writing
15.1.2 May be personally delivered or posted to the addressee’s address as listed under Parties to this Agreement
15.1.3 May be emailed to Us to admin@deductyourhome.com.au and to whichever email address as specified by You
15.1.4 If the sender is a company, must be signed by an officer or under common seal of the sender
15.1.5 Are regarded as being given by the sender and received by the addressee;
(a) if delivered in person, when delivered to the addressee; or
(b) if emailed, only when having included a read recepit.
However, if the delivery or receipt is on a day which is not a Business Day or is after 4.00p.m (addressee’s time), it is regarded as received at 9.00a.m on the next Business Day.
15.2 In this clause 10, a reference to an addressee includes a reference to an addressee’s officers, agents or employees.
16 Severability
Any provision of or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or in any other jurisdiction.
17 Assignment
The rights and obligations of each party under this Agreement are personal. They cannot be assigned, charged or otherwise dealt with and neither party may attempt or purport to do so, without the prior written consent of the other party.
18 Entire Agreement
This constitutes the entire agreement of the parties in respect of its subject matter. It sets out the only conduct relied upon by the parties and supersedes all earlier conduct by the parties in respect of the subject matter.
19 Further action
Each party must take all steps, execute all documents and do everything reasonably required by any other party to give effect to any of the transactions contemplated by this Agreement.
20 No Merger
The rights and obligations of the parties do not merge on completion of any transaction under this Agreement. They survive the execution and delivery of any assignment or other document entered into for the purposes of implementing any transaction.
21 Counterparts
This Agreement may be executed in any number of counterparts. All counterparts taken together will be taken to constitute one Agreement.
22. Governing Law
The parties to this agreement shall submit to the laws and the courts of The Commonwealth of Australia and orWestern Australiaas applicable.