Smash Tax Privacy Policy
(“Privacy Policy”)
In this Privacy Policy:
This policy covers Smash Tax Pty Ltd ACN 671 943 294 and all its related companies, including their subsidiaries and related body corporate (“Smash Tax”)
You/Your means any person who accesses the Smash Tax App or contacts us in person or by phone with regard to the products and services provided by us.
Commitment to Privacy
We recognise the importance of protecting your personal information and we are committed to processing it responsibly and in compliance with applicable data protection laws. This Privacy Policy sets out how we collect, manage and use the personal information we gather from our potential and current customers, suppliers, clients and anyone else who might access the Smash Tax App or use our services. We are bound by the Privacy Act 1988 (the Act) and the Australian Privacy Principles (APP).
Our Privacy Policy deals with:
- how we collect information;
- how we use and disclose any information we collect;
- how we protect the personal information we collect;
- how you can access the personal information we may hold about you;
- how to make a complaint about a privacy breach under this policy; and
- how we will deal with breach of privacy complaints.
We value your privacy, and as such, we have taken the necessary precautions to comply with the Act and the APP.
Type of Information Collected
The types of personal information that we collect typically includes your:
- legal name;
- contact details (such as address, business address, telephone and email);
- date of birth;
- occupation and employment information;
- references;
- business information;
- financial information (such as assets, liabilities, income and expenditure, account details, books of account, profit and loss statements, financial intelligence, sales records, budgets, targets, performance measures and other data);
- financial information such as assets, liabilities, income and expenditure;
- complaint details; and
- involvement as a party in pending and completed legal proceedings.
Collecting Personal Information
We collect personal information for a number of reasons, however the main reasons why we may collect personal information from you are:
- to assist us in identifying your investment goals and process transactions;
- to identify or contact you;
- to improve the Smash Tax App and customer service by receiving feedback on our products and services;
- to assist us in responsibly marketing our services;
- so that we can communicate with our customers, suppliers and other persons or organisations that we do business with;
- comply with all relevant laws and regulations.
We may collect personal information from you in a number of different ways for example:
- when you allow us to access your records or data;
- when you provide us with information;
- when you apply for, purchase or utilise any of our products;
- when you provide your details through the Smash Tax App or our website;
- when you request information from us about our products and services; or
- if you fill out any of our surveys or marketing material.
Direct Marketing
From time to time, we may also use your personal information to tell you about products and services we think may be of interest and value to you, but we will stop if you tell us to.
We may contact you by various means, including notifications to your device, mail, telephone, email, SMS or other electronic means.
If you do not want to receive direct marketing offers from us, you can opt out by contacting us directly to advise that you do not wish to receive any further communication.
Destruction of Unsolicited Personal Information
If Smash Tax becomes aware that we have received information about you and that information is unsolicited personal information without your consent, we will within a reasonable period destroy or de-identify that information.
Use or Disclosure of Personal Information
Where Smash Tax holds personal information about you that was collected for a particular purpose (“primary purpose”), Smash Tax must not use or disclose the information for another purpose (“secondary purpose”) unless:
- you have consented to the use or disclosure of the information; or
- you would reasonably expect Smash Tax to use or disclose the information for the secondary purpose and the secondary purpose is:
- directly related to the primary purpose; or
- related to the primary purpose;
- the use or disclosure of the information is required or authorised by or under an Australian Law or a Court order; or
- Smash Tax reasonably believes that the use and disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Where Smash Tax have used or disclosed personal information in accordance with the above, Smash Tax will keep evidence of this disclosure.
Smash Tax may disclose personal information collected from you to:
- Organisations involved in providing, managing or administering Smash Tax’s product or services such as third-party suppliers;
- Any organisation involved in maintaining, reviewing and developing Smash Tax’s business systems, procedures and infrastructure;
- Other organisations, who jointly with Smash Tax, provide its products and services;
- Any authorised representatives who provide Smash Tax products or services on its behalf;
- Your representatives, including your legal and accounting advisers;
- Smash Tax’s advisers, legal advisers or auditors;
- Any regulatory bodies, government agencies and law enforcement bodies in any jurisdiction;
- Any related entity of Smash Tax.
By using the Smash Tax, purchasing any of our products or using our services, you agree that in respect of any of your personal information obtained by us:
- We will be entitled to record that information and use it in accordance with this policy;
- We will be entitled to contact third parties, the details of which you have given us through your use of Smash Tax;
- We may use the information to contact you about our products and support services as part of your application with us;
- We may use the information to contact you about our products and support services or to provide you with general information about us.
- We may use the information for the purposes of improving our products and/or services, or to collect information for the purposes of statistical or marketing analysis.
Apart from the circumstances set out above, unless required by law, we will not disclose any personal information we collect from you without your specific consent.
Social Media
Where Smash Tax holds personal information about you, Smash Tax will:
- obtain your consent before sharing any information about you on social media platforms, including but not limited to names, photographs, testimonials, or case studies;
- use secure methods of communication to protect client information when interacting with you on social media platforms;
- not use any client information for any Marketing or Promotion purposes without your consent; and
- not share any sensitive financial or personal data of clients on social media.
Changing and Accessing Information
If you wish to change or update any of your personal information or you wish to access the personal information we hold about you please contact us and we will arrange for this to occur. We will endeavour to respond to your request within 14 days. You may be charged a fee for access to this information.
Commercial Communications
In accordance with the terms of this policy we may communicate with you to provide information about our products, support services and ongoing training, special offers, promotions or other matters that we believe may be of interest to you.
We will not send third party advertising information to you without first asking you whether you want to receive this information.
If you are receiving communications from us and you no longer wish to receive these communications, please contact us and inform us that you wish to unsubscribe.
How we secure your personal information
We will take reasonable steps to keep the information we collect about you secure and to prevent unauthorised access to this information. However, we cannot give any guarantees or warranties about the security of your information and we will not be held liable for any loss or damage that you may suffer as a result of any unauthorised access to your information.
Use of Cookies
Cookies are pieces of text that are transferred into the memory of your device to store preferences, record session information and collect information on how you visit and access Smash Tax. The use of cookies can improve the efficiency of your navigation of Smash Tax and generally assist us in our quest to provide services to you in the most convenient and prompt manner.
Access and Correction
Australian Privacy Principles 12 and 13 allow you to access and correct the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out below.
Privacy Complaints
You may make a complaint if you believe that we have breached this Privacy Policy, the Act or the APP by contacting us at the details in the last paragraph.
We will endeavour to deal with your complaint as soon as is reasonably practicable. If we are unable to satisfactorily resolve your complaint, it may be referred to a recognised external dispute resolution scheme.
You can also contact the Office of the Australian Information Commissioner by visiting the following website and following the steps listed on the website: www.oaic.gov.au/privacy/privacy-complaints.
Changes to the Privacy Policy
We reserve the right to change, modify or amend our Privacy Policy at any time by updating this policy or by other means without any other form of notice. If we are of the belief that any change to our policy will materially affect our customers, we will provide notice of the change(s) that have occurred.
Contact us
Please direct all queries about this Privacy Policy, information regarding the retention of your personal details, requests for correction of personal information and complaints to us:
Smash Tax Privacy Department
Email: info@smashtax.com.au
Smash Tax Terms and Conditions
(“Terms and Conditions”)
These Terms and Conditions, together with Smash Tax’s End User Licence Agreement and Privacy Policy, govern Your access and use of the Services.
By accessing or using the Services, You acknowledge that You are bound by, and have accepted, these Terms and Conditions along with any policies that they are linked with and specific terms and conditions attaching to products or services from time to time.
Definitions
In these Terms and Conditions, words have the following meaning:
Customer (referred to as either “You”, “Your” or “the Customer” in these Terms and Conditions) means the individual accessing or using Smash Tax or the company or other legal entity on behalf of which such individual is accessing or using Smash Tax, as applicable.
Customer Data means all data and personal information supplied by You, including personal, financial, logistical or otherwise, linked to You or the Services;
Force Majeure Event means any unforeseeable circumstance which is beyond the control of Smash Tax, including any act of god, industrial action, fire, storm, tempest, or any statutory or governmental act, rules, laws, or regulations that prevent compliance with this Agreement;
Required Date means forty-eight (48) hours from the date a notice is issued under clause 11.2;
Services means any of the Smash Tax services or products subscribed for or used by You;
Specific Product Terms means any specific terms published or implemented by Smash Tax, from time to time, for any of the Services;
Terms and Conditions means these Terms and Conditions, which together with our End-User Licence Agreement and Privacy Policy are deemed to form the entire agreement (“Agreement”) between You and Smash Tax regarding the use of the Smash Tax App;
Smash Tax means the software program provided by Smash Tax Pty Ltd ACN 671 943 294 downloaded by You; 2
Subscription/s means the Customer’s subscription for any of the Services, which is effected by a Customer completing any online registration or ordering process, from which the Customer will be bound by the terms of this Agreement, the End User Licence Agreement and the Privacy Policy;
Terms of Use means any user terms of service that Smash Tax adopts from time to time, and requires You to sign or acknowledge during any account creation, registration or subscription process.
1. Interpretation
1.1 In the interpretation of this Agreement:
a) singular includes plural, and vice versa;
b) references to a person include a government authority or any legal entity;
c) references to statutes include statutes amending, consolidating or replacing the statutes;
d) covenants by each party include an obligation to procure compliance by all other persons under the control of that party;
e) covenants on the party bind each two or more persons jointly and each person severalty. The release of one of the persons from an obligation does not release any other person who may be jointly liable; and
f) all annexures, schedules and other attachments (if any) form part of this Agreement.
2. Opportunity to Obtain Independent Advice
2.1 You acknowledge that Smash Tax and information in or connected with Smash Tax applies only to Smash Tax and should not be relied upon as investment, financial or legal advice or the recommendation of any services or products. You should consider obtaining independent advice before making any investment, financial or legal decisions.
3. Provision of Services
3.1 Smash Tax agrees that it will make the Services available to You in accordance with these Terms and Conditions and the terms of any Subscription.
3.2 You may only access and use the Services if You have a Subscription and comply with the terms of any Subscription in all respects.
3.3 Smash Tax is not liable for the unavailability of any Services due to circumstances beyond Smash Tax’s control, including a Force Majeure Event, or the failure of Your information technology infrastructure.
3.4 You are responsible for ensuring that You have the electronic and information technology infrastructure required to access and use the Services.
3.5 In using or accessing the Services, You must also comply with Smash Tax’s End User Licence Agreement and Privacy Policy, the breach of which will constitute a breach of these Terms and Conditions.
4. Customer Data
4.1 You acknowledge that Smash Tax may collect Customer Data, including identification information such as names, addresses, email addresses, telephone numbers, along with financial and payment information and such other information necessary to enable Smash Tax to provide the Services.
4.2 If You do not provide Smash Tax with the Customer Data requested, or if that information is incomplete or inaccurate, then Smash Tax may not be able to provide the Services.
4.3 Smash Tax may disclose Your Customer Data to:
(a) third parties engaged by Smash Tax to provide functions or assist with performance of the Services;
(b) relevant regulatory bodies in the industry in which Smash Tax or the Customer operates;
(c) Smash Tax’s professional advisors, including accountants, auditors and lawyers;
(d) Smash Tax’s related entities;
(e) any person authorised by You to receive the information held by Smash Tax, including to those individuals that You authorise Smash Tax to provide information to via the Services;
(f) a government authority, law enforcement agency, pursuant to a court order or as otherwise required by law; or
(g) to a party to a transaction involving the sale of Smash Tax’s business or assets.
4.4 You grant Smash Tax a non-lapsing licence to sub-licence, host, and display Customer Data, to the extent required to enable Smash Tax to provide the Services.
4.5 On expiration or termination of this Agreement, Smash Tax is entitled to retain access to the Customer Data.
5. Electronic Transactions
5.1 By accessing or using the Services, You agree to transact electronically with Smash Tax.
5.2 You agree that selecting an item, button or icon will be sufficient to constitute Your signature (and that no further certification or verification is required).
6. Customer Responsibilities
6.1 You are responsible for any non-compliance with these Terms and Conditions, the End User Licence Agreement and/or the Privacy Policy by Your agents, employees and servants.
6.2 You must ensure that Your use of the Services complies with all applicable laws, legal and statutory requirements, and must notify Smash Tax promptly of any unauthorised use of the Services.
6.3 You must only use the Services in accordance with these Terms and Conditions, the End User Licence Agreement and the Privacy Policy.
6.4 You must not sell, licence, sub-let, rent or provide any third party with access to Smash Tax or its Services.
6.5 You must not dissemble, reverse engineer, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, or file formats of any Services.
6.6 You indemnify Smash Tax against any claim, loss or damage sustained by Smash Tax as a result of You breaching any provision of this clause 6.
6.7 You may be required to provide a username, password or other personal information to gain access to Smash Tax (“Account Access”). You are solely responsible for all acts and omissions that occur under Your Account Access. You must not share Your Account Access details with any other person. Unauthorised use of Your Account Access is a breach of these Terms and Conditions and will result (if applicable) in Your automatic removal from Smash Tax. You agree to notify Smash Tax immediately if any unauthorised use of Your Account Access is detected or any other breach of security occurs.
6.8 Smash Tax reserves the right to refuse access to Smash Tax ,remove any Customer(s) from Smash Tax and/or modify a Customer’s Account Access at any time, without notice. Without limitation, Smash Tax reserves the right to refuse access, deny or remove access to Smash Tax or do anything else Smash Tax may deem necessary, if in its sole discretion You are found to be: (i) tampering with access to or the operation of Smash Tax; (ii) engaging in practices which subvert or are intended to subvert this Agreement; (iii) in breach of this Agreement; (iv) acting in an unsocial or disruptive manner, or with intent to annoy, abuse, disparage, threaten or harass any other person; (v) engaging in any conduct which is deemed to be contrary to Smash Tax’s interests.
7. Licence Only
7.1 Subject to this Agreement, Smash Tax hereby grants You the nonexclusive, non-transferable, limited right and licence to use one copy of Smash Tax for Your personal non-commercial use on a single computer or device (including but not limited to tablets and smart phones). The term of Your licence under this Agreement will commence on the date that You install or otherwise use Smash Tax and ends on the earlier date of either Your disposal of Smash Tax or Smash Tax’s termination of this Agreement. Your licence terminates immediately if You attempt to circumvent any technical protection measures used in connection with Smash Tax. Smash Tax is being licenced to You and You hereby acknowledge that no title or ownership in Smash Tax is being transferred or assigned and this Agreement should not be construed as a sale of any rights in Smash Tax. All rights not specifically granted under this Agreement are reserved by Smash Tax.
8. Payment and Fees
8.1 You must pay all fees required by a Subscription, at the time and method required by the Subscription.
8.2 If a payment required by a Subscription is not received by Smash Tax by the due date, then Smash Tax may charge interest on the amounts owing, at the rate of 12% per annum (accruing daily) from the date payment was due until payment is received by Smash Tax in full.
8.3 If a payment required by a Subscription is not received by Smash Tax by the due date, then Smash Tax may suspend the Services or terminate this Agreement immediately by notice in writing to You.
9. Director’s Guarantee
9.1 If the Customer is a company, then the directors of the Customer company provide Smash Tax with the guarantee set out in this clause 9.
9.2. In consideration of Smash Tax providing the Services to the Customer, each director of the Customer guarantees to Smash Tax:
(a) the performance and observance of the obligations of the Customer expressed or implied in this Agreement; and
(b) the payment of all monies by the Customer under or arising out of this Agreement.
9.2 The directors of the Customer shall indemnify Smash Tax on demand against and in respect of:
(a) any loss, damages, costs or expenses sustained or incurred by Smash Tax as a consequence of the Customer breaching any provision of this Agreement; and
(b) any liability of Smash Tax arising as a result of such failure on the part of the Customer and any costs or expenses incurred by Smash Tax as a result of such liability.
10. Term and Termination
10.1 This Agreement commences on and is effective from the earlier of:
(a) the date that You accept the terms of this Agreement; or
(b) the date that You access or use the Services; and
operates until all Subscriptions under this Agreement have expired or are terminated.
10.2 Clauses 8, 9, and 10 will remain in full force and survive any termination or expiration of this Agreement.
11. Liability
11.1 Smash Tax provides no warranty as to the quality, merchantability or suitability of the Services.
11.2 To the full extent permitted by law, Smash Tax is not liable for any loss or damage sustained by You as a result of the Services or anything arising out of these Terms and Conditions.
12. Governing Law
12.1 These Terms and Conditions and all Subscriptions are governed by the laws of Queensland, Australia. The courts of Queensland shall have non-exclusive jurisdiction to decide any matter arising out of this Agreement.
Smash Tax End-User Licence Agreement
(“Agreement”)
Last updated: November 28, 2023
Please read this End-User Licence Agreement carefully before clicking the “I Agree” button, downloading or using Smash Tax.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have the meanings defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User Licence Agreement:
Agreement means this End-User Licence Agreement that together with our Terms and Conditions and Privacy Policy, forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company downloaded by You to a Device, named “Smash Tax”
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Smash Tax Pty Ltd ACN 671 943 294.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Application such as a computer, a mobile phone or a digital tablet.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the “I Agree” button, downloading or using the Application, You are agreeing that you have read our full Terms and Conditions, Privacy Policy and this Agreement and intend to be bound by their respective terms and conditions.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
Apple Inc. and its subsidiaries (“Apple”) is not a party to this Agreement and as between the Company and Apple, the Company is responsible for the Application and the content thereof.
You acknowledge and agree that Apple is a third-party beneficiary of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary.
Licence
Scope of Licence
The Company grants You a revocable, non-exclusive, non-transferable, limited licence to download, install and use the Application strictly in accordance with the terms of this Agreement.
The licence that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. This licence does not allow you to use the Application on any Device that you do not own or control and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
If you sell your Device to a third party, you must remove the Application from the Device before doing so.
You must ensure that your registration and log-in details (including password) are stored securely. You will be responsible for any access to or use of the Application by you or third parties who use your registration and log-in details, whether their access is authorised or not.
The terms of this licence will govern any upgrades provided by the Company that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Use of the Application
In connection with your access to or use of the Application, you must ensure that you do not:
(a) Breach any laws, or encourage or assist the commission of any illegal act;
(b) Infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
(c) Use or access the Application for any purpose not permitted or contemplated by this Agreement (or otherwise authorised by the Company) or which is unlawful;
(d) Include any material that contains any virus or harmful code or program that is designed to impair the performance of the Application or any device accessing the Application;
(e) Impersonate any other person;
(f) Negatively impact any other user’s ability to access and use the Application;
(g) Publish or link to malicious content;
(h) Engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to damage the Company’s reputation or services (including the Application).
Restrictions and security
1) You must not:
(a) Copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any software, content, technology or intellectual property rights forming part of the Application;
(b) Reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Application;
(c) Rent, lease, lend, resell or sublicence your rights to use the Application or any content available through the Application;
(d) Attempt to circumvent any security safeguard or access rights that are used to protect the security of the Application and the information and data contained in the Application; or
(e) Provide any third party with access to the Application without the Company’s prior written permission.
2) You must notify the Company as soon as possible if you lose the Device or other compatible device on which the Application is installed or accessed. We must also allocate your Device a phone number and ask you to provide it from time to time for security and recovery purposes.
Maintenance and Support
The Company is responsible for providing any maintenance and support services required by Law and You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including legal fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Warranties
The Application is provided to You “AS IS” and to the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, the Company does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or $100.00 AUD if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
You and the Company both acknowledge that the Company, not Apple, is responsible for addressing any claims You or any third party may have in relation to the Application or Your possession and/or use of the Application, including, but not limited to:
1) Product liability claims;
2) Any claim that the Application or your possession and use of the Application infringes the intellectual property rights of a third party;
3) Any claim that the Application fails to conform to any applicable legal or regulatory requirement;
4) Claims arising under consumer protection, privacy or similar legislation.
Legal compliance
You represent and warrant that you are not:
1) Located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
2) Listed on any U.S. Government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
The laws of Queensland, Australia shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement, together with the Company’s Terms and Conditions and Privacy Policy constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions, complaints or claims with respect to this Agreement, You can contact Us:
- By email: info@smashtax.com.au
- By post: Suite 12, 28-34 Dominions Road, Ashmore QLD 4214