Terms and Conditions
Terms and Conditions of use of our site and administration service.
If you use this site to produce a document, you will do so on the basis of the following licence conditions. Please read them carefully. At the end of the conditions, you will be given the choice of accepting or rejecting the conditions. If you accept the conditions, you may use this site to produce a document. If you reject them, you will not be able to use the system in that way.
LICENCE AND FEES AND HOLDING DEPOSIT.
1. Self Managed Super Institute Pty. Ltd. ('we', 'our', 'us') will only licence you to produce documents from our system if you accept these conditions and pay the document fees in the way required. The licence you get is not exclusive and is not transferable. The licence begins on the day you use our system, and ends in accordance with these conditions (see below). We may ask for a credit card fee of $550 to be used as a holding deposit to cover legal fees incurred by us in the setting up of your self managed super fund. This is to protect us from funds not being completed because of disqualification of members as a result of bankruptcy or criminal conviction. This holding fee will be refunded in full upon the successful completion of the fund.
THE DOCUMENT YOU CREATE DEPENDS ON YOUR ANSWERS
2. We have taken all reasonable care to ensure that the legal clauses that will be inserted in your document are valid and effective for the type of document that you decide to create. However, the validity and effectiveness of the document itself depend:
(a) on the type of document that you choose to create; and
(b) on the answers you give to the questions asked of you by the system.
3. This site has been provided solely for the facilitation of establishing a self managed superannuation fund and where appropriate to the needs of the user, corporate trustee companies. This site and its contents do not constitute personal financial advice and your goals, needs and objectives have not been taken into account in designing the services available on this site. Therefore, we recommend that you consult a licensed financial adviser prior to taking any action as a consequence of using this site. We do not accept any responsibility whatsoever for any losses incurred as a result of using this site and your decision to order products from this site is at your sole discretion and responsibility.
4. The content of this website does not constitute professional legal advice. If you are unsure about any legal issues when creating your document, you should obtain professional legal advice.
5. We are not responsible for the choice you make regarding the type of document that you require. Only you know the transaction for which you are producing the document. If you are not completely certain that the document type you intend to choose is the right one, you must speak to a lawyer before proceeding. You are fully and solely responsible for your choice of document type.
6. We are not responsible for any mistake that you make in understanding the questions or how to answer them. If you are not completely certain about the meaning of a question or about how you should answer it, you must speak to a lawyer before proceeding. You are fully and solely responsible for the relevance and accuracy of your answers.
7. We are also not responsible for any mistake that you make in the information you supply to the system. If you are not completely certain about the information you are supplying, you must check it before proceeding. You are fully and solely responsible for the accuracy of the information you supply. Any amendment required as a result of errors will incur an amendment fee of $155 per amendment.
WE ARE NOT RESPONSIBLE FOR ANY WEBSITES YOU LINK TO FROM OUR SITE
8. Our website may contain hyperlinks and pointers to other websites. We are not responsible for any information or other hyperlinks contained in these websites. We provide them to you simply for your convenience and we are not endorsing any of them. You access these websites at your own risk. It is for you to decide whether they should be relied on.
WE ARE NOT RESPONSIBLE FOR YOUR MISTAKES-YOU INDEMNIFY US
9. You must indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
(a) because you do not choose the right document type;
(b) because you do not answer all questions completely and accurately;
(c) because you modify the document except in strict accordance with our system; or
(d) because you breach these conditions in some other way.
10. You must continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our system.
OUR LIABILITY IS LIMITED
11. If we are prohibited by law from excluding all implied warranties and conditions, or from limiting our liability, then our liability will be limited to, at our option:
(a) replacement of the document you used our system to create;
(b) supply of some equivalent document;
(c) repair of the document; or
(d) the payment of the cost of such replacement, supply or repair.
12. Our liability to you for any matter related to this license will not exceed the cost to you for the particular transaction which has caused you the loss or damage.
OUR INTELLECTUAL PROPERTY IS NOT DIMINISHED
13. We remain the owner of all the intellectual property and know-how that resides in our system.
14. You are licensed to use our system for the sole purpose of creating documents for which you pay. Under this licence, you get no property right whatever in relation to our system, but you will own the document that you create.
LIMITS ON YOUR OWNERSHIP OF DOCUMENTS
15. You will own the document that you create using our system. However, there are limitations on how you may use our system and the documents you create using it. In particular:
(a) you must not use any part of the document in connection with creating another document;
(b) you must not use any part of the document in connection with any other transaction except the one for which it was created;
(c) you must not copy any part of the document for any purpose except in relation to the transaction for which it was created;
(d) you must not modify the document in any way except in accordance with our system;
(e) you must not interfere with, alter or reverse engineer any part of our system or the document you create while using it;
(f) you must not incorporate any part of our system in any other program, system or document creation package; and
(g) you must not represent that the documents created using our system were created by your own resources, or those of a third party (other than us or anyone signing-off and endorsing the documents for us).
RECOVERING REVENUE LOST THROUGH MISUSE OR BREACH
16. If we discover that we have lost revenue through your misuse of our system or your breach of this agreement, then we may recover from you each of the following:
(a) the revenue we have lost;
(b) our costs of discovering our loss and the extent of it;
(c) our costs of recovering the revenue; and
(d) interest on any amount owing under this clause.
Also, if we can show that we have lost revenue through your misuse or breach, then you give us the right to audit your operations (at your cost) to determine the extent of our loss.
NO GUARANTEE OF CONTINUITY, OR FREEDOM FROM VIRUSES
17. We do not guarantee that the operation of the system will be uninterrupted or that the system is virus free or error free.
18. We are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our system.
THE LICENCE ENDS WHEN YOU HAVE CREATED YOUR DOCUMENT
19. The licence to you is limited to the creation of documents for which you have paid the licence fee. Once the document has been created, the licence ends.
20. Your licence may also end if you breach any material obligations contained in these terms and conditions. If such a breach occurs, we may end the licence immediately by denying you further access to our system.
YOUR PERSONAL INFORMATION IS PROTECTED
21. All your personal and billing information that is identifiable to you will be kept confidential, and will be protected by security identification particulars. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent.
22. All prices shown on the site are in Australian dollars, and are inclusive of GST. Also, you may pay only in Australian dollars.
23. The documents you buy through our system will be delivered to you when all necessary information has been collated to produce the document you have requested. This will then be mailed to you elected delivery address.
REFUNDS, RETURNS, EXCHANGES
24. Because of the nature of our products, we do not allow any refunds, returns, or exchanges.