2PR Terms and Conditions

2PR– TERMS AND CONDITIONS

1 Introduction

(a) This website (Site) is operated by SLF Tax Consulting Pty Ltd, trading as 2PR (ACN 677 366 693) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order through the Site.

2 Services

(a) We provide downloadable calculators and templates for tax agents and professionals to assist in providing advice to clients. Our products are up-to-date in accordance with applicable Australian law as of the date of publication as set out on the product. Please note that our products do not cover specific or bespoke circumstances.

(b) Upon request, we may offer additional services to you beyond the scope of the products. Such services will be covered by these Terms if we inform you of this prior to agreeing to perform the services or we may require a separate engagement letter. Please contact us for more information about additional services.

3 Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) Before purchasing any products, you must ensure that your systems and any required software meets the minimum requirements for using our products. These requirements are listed on our website. We are not responsible for any issues arising from incompatibility with your systems.

(d) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.

4 Price and payments

(a) Our products are available for purchase online through our Site. Upon completion of your purchase, you will be able to download the product(s) directly from the Site. Each product is sold for the fee as displayed on the Site at the time of purchase.

(b) You must pay us the purchase price of each product you order (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.

(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(e) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

5 Confidentiality

(a) We will take all reasonable steps to keep any information that you provide to us confidential, except where:

(1) we need to disclose your information to our service providers (including auditors of client monies if applicable) or regulatory bodies in performing any services for you, our professional advisers or insurers or as part of an external peer review from time to time. Our files may also be subject to review as part of the quality review program of Chartered Accountants Australia and New Zealand or Tax Practitioners Board. By accepting this engagement you acknowledge that, if requested, our files relating to the services we provide to you will be made available under this program. We will take reasonable steps to ensure any such recipient (other than a regulatory body) keeps such information confidential on the same basis;
(2) we are required by law, regulation, a court of competent authority, or those professional obligations referred to above, to disclose the information;
(3) we provide limited information (but only to the extent reasonably necessary) to potential purchasers (or their professional advisors) of our practice but we will take reasonable steps to ensure that any such recipient keeps the disclosed information confidential; or
(4) you give us permission to disclose the information.

(b) The recent changes to Section 225 (and 360) of APES 110 on Responding to Non-Compliance with Laws and Regulations (NOCLAR) require us to report a non-compliance with laws and regulations or acts or omission or commission, intentional or unintentional by a client or by those charged with Governance, by management or by other individuals working for or under the direction of a client which are contrary to the prevailing laws or regulations. If we decide that the disclosure of NOCLAR to the appropriate authority is the correct course of action, then such a disclosure to a regulatory authority (such as the ATO) will not be considered a breach of confidentiality under our code of ethics.

(c) We may retain your information to comply with our legal requirements or as part of our regular IT back-up and archiving practices. We will continue to hold such information confidentially.

(d) We may mention that you are a client for promotional purposes.

6 Australian Consumer Law

(a) We do not accept returns for change of mind or other circumstances. However, you may have rights under the Australian Consumer Law.

(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

7 Limitations

(a) We are not liable for any issues arising from incorrect inputs, use of the wrong tool, or inappropriate outcomes resulting from the use of our products. The products have been prepared to assist registered tax agents in providing advice to their clients. It is your responsibility to review all outcomes to ensure they are appropriate for the specific circumstances of your clients.

(b) The outcomes and calculations provided by the products may form part of your workpapers as a registered tax agent and used to support the preparation of advice provided by you.

(c) Our products are current only as of the download date. It is your responsibility to ensure you are using the latest version of our products. We are not responsible for any issues arising from the use of outdated products.

(d) Our products are intended for general use and do not constitute specific tax advice.

(e) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

(1) neither Party will be liable for Consequential Loss;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

(f) For any additional services that we provide to you, our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Council’s website: http://www.psc.gov.au.

8 Intellectual property

(a) You may use our products within your firm for multiple clients. However, you must not distribute, sell, or use our products in another firm. You may provide the outcomes generated by our products to your clients, but you must not provide the entire sheet or document to them.

(b) You acknowledge and agree that we retain all copyright and intellectual property rights in the products. You must not share, sell, or distribute our products to any third party or make any of our products available online.

9 General

(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(b) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(f) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

(g) Register of Tax Agents and BAS Agents: The Tax Practitioners Board (TPB) maintains a register with details of registered, suspended and deregistered tax and BAS agents. This register is available to the public to search at https://www.tpb.gov.au/public-register. For details of other information which we consider may be relevant to your decision to engage us to provide relevant services, visit https://au.linkedin.com/company/slf-tax-consulting.

10 Definitions

(a) Consequential Loss: Includes losses not arising naturally from a breach.

(b) Force Majeure Event: Events beyond a Party’s control.

(c) Liability: Means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

SLF Tax Consulting Pty Ltd, trading as 2PR (ACN 677 366 693)

Email: admin@2pr.com.au