Terms and Conditions
GENERAL TERMS AND CONDITIONS OF THE WEBSITE
Bilateral Solutions Pty Ltd ABN 81 101 771 742
1/575 Darling Street Rozelle 2039 NSW (“Bilateral Solutions”)
These General Terms and Conditions
- Bilateral Solutions provides global assistance to overseas companies starting up their business or subsidiary in Australia, including business representation in Australia, total bookkeeping, international reporting, tax declarations and payroll management (“Services”).
- These General Terms and Conditions apply when using Bilateral Solutions’ Website, which is owned and operated by Bilateral Solutions Pty Ltd ABN 81 101 771 742 under the domain name ‘www.bilateralsolutions.com’ (“Website”). The Website also provides the user with an online individual tax return service (“Online Individual Tax Return Services”) to which specific terms and conditions apply. Therefore, when using the Online Individual Tax Return Services, the user must read and agree to be bound by both (i) the specific terms and conditions that apply to the Online Individual Tax Return Services; and (ii) these General Terms and Conditions governing the use of this Website (“General Terms and Conditions”).
- When using Bilateral Solutions’ Website, you agree to be bound by (i) these General Terms and Conditions; and when relevant by (ii) the specific terms and conditions that apply to the Online Individual Tax Return Services. If you do not accept these General Terms and Conditions, you must refrain from using the Website. Your use of the Website constitutes your agreement to be bound by to all such terms, conditions, and notices.
- Modification of these General Terms and Conditions: Bilateral Solutions reserves the right to change the terms, conditions, and notices under which the Website is operated.
Links to third party websites
- This Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained.
- Bilateral Solutions is not responsible for the content or privacy practices associated with Linked Websites and the inclusion in this Website of any Linked Websites should not be construed as an endorsement, approval or recommendation by Bilateral Solutions of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
- Except on the terms of any access agreement that may be separately agreed by Bilateral Solutions, Bilateral Solutions gives no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this Website (“Materials”) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any materials (“controlled persons”) shall exercise any such intellectual property rights, including the right to reproduce the Materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any Materials by you and by any controlled persons must be subject to you:
- ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the Materials is this website;
- ensuring that anyone by whom your and their links to the Materials may be used or disclosed are the same as those who may access the Materials directly from this Website;
- ensuring that anyone by whom your or their links to the Materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from this Website rather than via their links; and
- being otherwise subject to our directions, including any take down, cease or desist directions.
- Bilateral Solutions is happy for you to link to our Website. We reserve the right to deny any person permission to link to our Website.
No unlawful or prohibited use
As a condition of your use of the Website, you warrant to Bilateral Solutions that you will not use the Website for any purpose that is unlawful or prohibited by these General Terms and Conditions or by the specific terms and conditions that apply to the Online Individual Tax Return Services. You may not use the Website in any manner which could damage, disable, overburden, or impair either the Website or Bilateral Solutions or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bilateral Solutions Pty Ltd Web Sites.
Use of Communication Services
- The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Violate any applicable laws or regulations.
- Bilateral Solutions has no obligation to monitor the Communication Services. However, Bilateral Solutions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bilateral Solutions Pty Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
- Bilateral Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bilateral Solution’s sole discretion.
- Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bilateral Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bilateral Solutions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bilateral Solutions spokespersons, and their views do not necessarily reflect those of Bilateral Solutions.
- Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Bilateral Solutions or posted at on the Website
- Bilateral Solutions Pty Ltd does not claim ownership of the materials you provide to Bilateral Solutions (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bilateral Solutions, and as the case may be its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
- No compensation will be paid with respect to the use of your Submission, as provided herein. Bilateral Solutions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bilateral Solutions’ sole discretion.
- By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- When using the Website, you must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
- You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any Linked Website.
- Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
- We do not give you any assurances that any information contained on this Website will be suitable for your purposes or that it will be error-free.
- Nature of content – no accounting or tax advice
- The content, including publications, on our Website is not accounting or tax advice, and you cannot rely on it for accounting or tax advice.
- You must seek specific advice tailored to your circumstances before acting or relying on any of the consent on our Website.
- In complement to paragraph 2 of these General Terms and Conditions relating to Linked Websites, you acknowledge that any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
- Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice, including those expressed by users interacting via the Website. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Copyrights and Trademarks
- Copyright in this Website (including content, text, graphics, logos, icons, sound recordings and software) is owned or licensed by Bilateral Solutions and/or its suppliers..Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Terms and Conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- commercialise any information or services obtained from any part of this Website without Bilateral Solution’s’ written permission or, in the case of third party material, from the owner of the copyright in that material.
- Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not Bilateral Solutions’;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information or services (including this Website and Bilateral Solutions).
Australian Consumer Law
- Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
- this sub-clause applies in respect of any of the services supplied under these General Terms and Conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
- liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that Law, is limited:
- in the case of services, to any one of the following as determined by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Limit of Liability
- To the maximum extent permitted by law, Bilateral Solutions has no liability to you or anyone else for any loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the use of this Website or any of the content, even if Bilateral Solutions has been advised of the possibility of such loss or damage, or such loss or damage was reasonably foreseeable.
- This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
- Bilateral Solutions will not be liable to you for any indirect, incidental, special or consequential loss arising from or relating in any way to your use of this Website, including loss of business profits.
- Bilateral Solutions makes no warranties or representations about our website or any of the content on the Website.
- The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Bilateral Solutions and/or its suppliers may make improvements and/or changes in the Website at any time. Advice received via the Website should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Publication of email addresses on this Website does not infer consent to the receipt of unsolicited commercial electronic messages.
Bilateral Solutions reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
These General Terms and Conditions as well as the specific terms and conditions that apply to the Online Individual Tax Return Services are governed by the laws in force in the State of New South Wales in Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
- Bilateral Solutions accept no liability for any failure to comply with these General Terms and Conditions or the specific terms and conditions that apply to the Online Individual Tax Return Services where such failure is due to circumstances beyond our reasonable control.
- If Bilateral Solutions waives any rights available to Bilateral Solutions under these General Terms and Conditions, or the specific terms and conditions that apply to the Online Individual Tax Return Services, on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these General Terms and Conditions or the specific terms and conditions that apply to the Online Individual Tax Return Services are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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