TERMS OF SERVICE
1. By purchasing documents and services from Create SMSF Pty Ltd ACN 687 358 112 (“us/we”) you hereby agree to these Terms and Conditions.
2. We provide general information and template agreements. You should obtain professional advice to suit your personal circumstances.
Your Agreement to the following matters
3. Our documents do not constitute legal, financial, or taxation advice;
a. SMSFs are complex and regulated and independent professional advice is strongly recommended;
b. Laws and ATO requirements change frequently and your advisors can update you when this happens; and
c. you should consult with a lawyer, taxation adviser, accountant or other appropriately qualified professional adviser for advice concerning the suitability of a document that you order from us.
4. These Terms do not restrict or modify or have the effect of excluding, restricting or modifying any laws, rights or remedies imposed and required to be binding by statute or law or us, including the Competition and Consumer Act 2010 (Cth).
5. In relation to the documents you purchase from us, you agree that:
a. you must not use any part of the documents in connection with creating another document;
b. you must not use any part of the documents for any purpose except the specific purpose for which they were purchased;
c. you must not copy any part of the documents for any purpose except in relation to the transaction for which they were purchased; and
d. you must not incorporate any part of the document in any other document or document creation package.
The documents you have purchased include the information you have supplied to us
6. You agree that:
a. certain information and particular clauses are included in the documents you have purchased as a result of the answers you provided when using our services;
b. your information is included in the documents that you purchased;Terms of Service Create SMSF Pty Ltd ACN 687 358 112 | ABN 92 637 358 112
c. you are fully and solely responsible for the information you have provided; and
d. we are not responsible for any mistake that you have made in providing information to us.
7. You say that the information which you provide to us is accurate and correct and that you have fully and accurately disclosed your identity.
Commercial Terms
8. Payment must be made in full before access is granted.
9. We reserve the right to change prices at any time.
10. Our prices are in Australian Dollars.
Refund Policy
11. We do not make refunds once documents are accessed or downloaded.
Indemnity
12. To the maximum extent permitted by law you indemnify us in relation to:
a. cost, loss, liability or damage arising from use of our documents;
b. the document that you purchase is not suitable for its intended purpose;
c. the document that you purchase does not comply with the SMSF Laws and Regulations;
d. you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the documents you purchase are suitable for your intended purpose;
e. you modify the documents after they are purchased by you; and
f. you breach these Terms in some other way.
Limitation of Liability
13. You agree that our liability is limited to:
a. replacing the document you purchased;
b. the amendment of the document; or
c. the payment of the cost of a replacement document;
d. to the extent that we are not prohibited by law from limiting our liability, then our liability is limited, including in respect of any liability that arises as a consequence of our negligence; and
e. subject to law including the Australian Consumer Law, our liability to you for any matter related to the subject matter of these Terms will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage.
Our intellectual property protected
14. You agree that:
a. we are the owner of all the intellectual property and know-how that resides in the documents;
b. you are licensed to use the documents for the sole purpose of obtaining professional advice; and
c. you do not receive any ownership or copyright in the documents.
This Agreement ends when you have purchased your documents
15. You agree that:
a. this agreement is limited to the creation of the documents which you have purchased;
b. this agreement will also end if you breach this agreement; and
c. if you breach any material obligation contained in this agreement, then we may terminate this agreement.
Severability
16. Any provision of this agreement that is prohibited or unenforceable or is ineffective is severed from this agreement.
Jurisdiction
17. These Terms are governed by the laws of Australia, and the courts of Queensland.
