TERMS & CONDITIONS FOR OUR SERVICES

ACCEPTANCE

1. By accepting our terms and conditions, you acknowledge that you have read these terms and conditions and agree to be legally bound by them for the use of our services.
2. Acceptance will be deemed to occur when you are reasonably considered to have engaged us in our services and this will occur if: 
   1. you explicitly inform us that you wish you engage our services orally or in writing; or,
   2. your conduct after receiving these terms and conditions reasonably indicates that you have engaged us in our services.

OUR WEBSITE

1. You understand and agree that your use of our website is provided “as is” and “ as available”. We do not warrant nor represent to you that these websites will be free from error, complete or current, uninterrupted, secure or confidential.
2. From time to time, we may need to suspend access to the website for maintenance without notice. In the event that we do so, we will not be liable if, for any reason, our website is not available at any time.
3. Our websites may contain the links to other websites owned by third parties, that provide information and resources provided by that third party. We are not responsible for these links or the contents of those third party websites. We do not warrant or represent that those links and the contents of those third party websites will be free from error, complete or current, uninterrupted, secure or confidential.
4. We do not endorse the contents of those third party websites and represent that we have no control over the contents of those websites. We further affirm that we will not be liable for any loss or damage you suffer or incur when you access or use any third party link or their contents.

CONTENT

1. 1. All designs, images, photos and text used on our website are owned or licenced by us. 
   2. Subject to clause 3.3, you retain all rights in and to the content that you submit or post on or via our website.
   3. By submitting and posting your personal information or content on our website:
      1. you give us an irrevocable, perpetual, continuous, royalty-free and non-exclusive licence to publish, display, distribute and reproduce your information or content;
      2. you consent to our disclosure of your information or content and personal information with our suppliers and business partners;
      3. you accept and acknowledge that we may receive a commission or other fees from the provision of your personal information to our related entities or our partners for the purposes of providing you with credit related services; and, 
      4. you consent to us and our suppliers or business partners using your personal information to send you information or content about products and services that we believe may be of interest to you. You can unsubscribe from receiving this information or content at any time by emailing us at:

Email:info@mytaxrefundtoday.com.au for tax services; or

info@budgethomeloan.com.au for home loan services.

Post: Suite 1 Level 2 38-40 George Street, Parramatta NSW 2150

1. Fax: 02 8004 8180
2. Or contact us by phone at: 1300 698 297

INFORMATION SECURITY

2. 2. 1. We take reasonable precautions to protect the content and personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
      2. We may give you the option of direct client access to our website by way of log in ID and password so that you may:
         1. access your information; and/or
         2. download documents from or upload documents to our website.
      3. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Although our aim is to protect such information, we cannot guarantee or warrant and do not represent that the information that you transmit online is secure. 

2. 2. 1. Your IP address is your computers unique identifier for use while you are using the internet.
      2. It may be necessary for us to collect your IP address for your identification when you submit information to us or for your accessing of various parts of our website.

ONLINE APPLICATIONS

2. 2. 1. When you send an online application to us, we will retain the information contained in that application. Such information will be retained and used to provide you with the financial services we advertise.

COOKIES

2. 2. 1. We collect personal information through software such as cookies. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on the hard disk of a user’s computer so that the website can remember that user. Without cookies, websites and their servers have no memory. 
      2. We use cookies as a fundamental part of our interaction with your Internet browser for the purpose of providing you with better service and a more effective website.
      3. My Tax Refund Today uses cookies for two different purposes. Unsecure areas of the website may allocate a cookie for the purpose of:
         1. Identifying your Internet browser as participating in the Partners program; and/or
         2. Advertising and tracking
         3. Storing information related to user personalisation.
      4. We also use cookies for secure services (that is, an area where you are required to log on) on the website. These cookies are used for a variety of purposes, including for security and personalisation. If your browser is configured to reject all cookies you will be unable to use secure services on the website that require cookies in order to participate. You may still be able to use some of the information-only pages even if you do not accept cookies.

LIABILITY

2. 2. 1. Except where we are unable to exclude our legal liability, we will not be liable to you for any loss or damage, however it arises, whether under contract or tort (including negligence), arising from, or in connection with, your use or inability to use our website.
      2. We are not liable for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damage suffered or incurred by you arising in connection with our website, any services we have provided, or in connection with any act or omission by us, whether negligent or otherwise.

GENERAL TERMS

1. We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. Your use of our website will be bound by the Terms and Conditions that are published on our website at the time of your use.
2. If any part of these Terms and conditions are void, vitiated or unenforceable, they are severed and the remainder of these Terms and conditions will continue to be binding on you.
3. Provision of notices as required under these Terms and conditions may be sent by email, post or by making the information available on our website.
4. There is no relationship of employment, partnership, agency or any fiduciary duty owed be either you or us.
5. These Terms and Conditions are governed by and construed under the laws of New South Wales.
6. Any dispute or difference whatsoever arising out of or in connection with these terms and conditions or the performance or non-performance of the obligations of the parties under it shall be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.

TERMS RELATING TO HOME LOAN SERVICES

1. Upon provision to us of the information that we request, you authorise us to provide your personal information to credit providers and credit reporting bodies for the purposes of assessing your eligibility for credit lending. You also authorise us to provide your personal information to third party credit check organisations. 

TERMS RELATING TO TAXATION SERVICES

1. Upon provision to us of the information that we request, you authorise us to access your records from the ATO Portal for confirmation purposes in keeping with our legal obligations. Requested information may be provided via our website, mobile phone app, email, telephone and/or in person.
2. You authorise us to contact you via telephone, email or SMS about your tax records. We may ask you questions about your income, expenses and deductions. A free tax refund estimate will be provided to you by a professional tax accountant if you have a simple tax return. Subject to eligibility requirements you may be provided the option of an on the spot tax refund. Your eligibility for, and amount of, any on the spot refund we offer you will be determined on a case by case basis. Whether you are offered an on the spot refund at all will at all times remain in our sole discretion.
3. You understand and acknowledge that your personal information will be stored in accordance with the Privacy Act and will not be shared with third parties unless we are compelled to do so by law, or to provide you with the services for which we have been engaged. We are legally bound to protect your personal information. Please see Our Privacy Policy for more information about how we handle your personal information.

YOUR OBLIGATIONS IN RELATION TO TAXATION SERVICES

1. You declare that you will provide correct and complete details of your income including income from such sources as your salary, capital gains, Government allowances and pensions, interest, dividends, royalties, business income and foreign income. You declare that before giving authority for lodgement of your tax return with the Australian Taxation Office, we have explained various provisions of the Income Tax Act regarding income and expenses which are applicable to you. You also understand that taxation laws provide heavy penalties for providing false or misleading information.
2. You declare that you have the necessary receipts/records for the deductions/rebates claimed in your tax return(s). You understand that it is your duty to keep the evidence of income/deductions for a minimum of 5 years. The Australian Taxation Office may impose a penalty or prosecute you if you are unable to provide receipts or if the tax return is incorrect/misleading. You understand that to obtain the benefit of “safe harbour” protections, you must provide to us “all relevant taxation information” to enable us to provide accurate statements to the Australian Tax Office. For work related expenses, you understand that you need to have written evidence if your total work-related claims exceed $300. All income/deductions/rebates included in your tax return are based on your specific instructions and confirmation that you satisfy the relevant taxation requirements.
3. You discharge and indemnify us and our staff from any liability arising on account of any audit or other investigation in respect of any undeclared income or excess claims made in your tax return.
4. In the event our fees are not paid upfront and such fees are to be deducted from your tax refund, you authorise that your tax refund to be transferred to our trust account. You understand that you will be paid your tax refund after we deduct our fees. Any surfeit from your tax refund will be deposited into your nominated bank account via electronic transfer or paid to you by cheque.

PROCEDURE FOR ON THE SPOT REFUNDS (TAXATION SERVICES)

1. You understand and acknowledge that we need to do additional work to process an on the spot refund. Such additional work includes, but is not limited to, verification of your income, tax debt position and GST position. These verifications are important as they provide us with confirmation of your entitlement to a tax refund. We may verify/assess any debt you may owe State and Federal Governments, including to Centrelink and any relevant government department regarding Child Support Payments. Variations in any of these factors may reduce the amount of your income tax refund (if any). You fully understand that despite all these verifications, your actual refund may be reduced as a result of undisclosed debts to the Australian Government. You understand that even after the assessments of your debt position, we cannot confirm, let alone guarantee, your debt position with respect to any Government agency. A government agency to whom you owe money may take part or all of your income tax refund in satisfaction of outstanding debts.
2. You understand and acknowledge that once the necessary verifications have been completed, we retain full discretion to decide on your eligibility for an on the spot refund. We may decline to provide you with an on the spot tax refund without providing you with a reason. Your eligibility for, and amount of, any on the spot refunds offered by us is determined on a case by case basis.
3. You understand and acknowledge that an on the spot refund cannot exceed AUD$ 500.00. The balance of your taxation refund, after deducting our fees and the amount of any on the spot advance paid (if any) will be deposited in your nominated bank account by way of electronic funds transfer, or alternatively sent to you by cheque once the Australian Taxation Office deposits your tax refund into our trust account. Electronic Funds Transfer/cheque deposits in your account may take 2-3 business days to clear.

1. You understand and acknowledge that any money received by you from us will be treated as an advance to you. This amount will be set off against your actual taxation refund to be paid by the Australian Taxation Office. You understand that once a taxation refund is issued by the Australian Taxation Office, you will receive the balance of your taxation return after subtraction of the amount of your on the spot taxation return refund plus our fees. If a government agency takes part of your tax refund in satisfaction of an outstanding debt, then your actual refund will be lesser by that amount.
2. You understand and acknowledge that If your actual taxation refund from the Australian Taxation Office is less than the amount required to repay your on the spot taxation refund and our fees, you will be required to pay all amounts outstanding to us within 14 days of receipt of the Australian Taxation Office’s assessment.
3. You understand and acknowledge that If you do not pay all outstanding amounts owed to us within 14 days of the Australian Taxation Office Assessment, a Letter of Demand may be issued to you. Following provision of this Letter of Demand and the elapsing of the period for payment, we may, at our sole discretion, refer this debt to an external debt collection agency or commence proceedings against you in the Parramatta Local Court. If we commence proceedings against you, you may become liable for pre and post judgment interest, legal costs, legal disbursements and our own administration fee of $275 inclusive of GST.

FEES STRUCTURE (TAXATION SERVICES)

1. You understand and acknowledge the following terms of our fee structure and agree that you are liable to us for these amounts if you engage our services. 
2. Preparation and  Lodgement of your Tax return – this work consists of collecting information concerning your taxable income, deductions and offsets. We will collate information and supporting documents for all your declarable income sources (e.g. salary, business, rental, foreign income, interest, dividends). We also collate information and documents for your expenses. This work can take from 20 minutes to a few days depending on the size and complexity of the taxation return. Our fee structure for this work is not fixed and depends on time and effort involved in preparing and lodging your tax return. An estimate of our fees will be provided to you in the tax refund estimate after our initial interview. If you are not happy with our fees or refund estimate you are under no obligation to proceed and you will not be charged anything for the initial interview. However, if you do wish to proceed and we lodge your taxation return, then the fees as declared to you will be payable. An additional fee of $39 plus GST is payable in the event you wish to pay for our services out of your taxation return proceeds.
3. On the Spot refund fees – Fees for on the spot refunds will be determined on a case by case basis. By way of guidance, this fee is typically between $350 and $450 plus GST for each on the spot taxation return refund. However, we stress this fee can be higher or lower than the guidance we have provided. The factors which determine the amount of our fee include:
   1. the size of your on the spot refund;
   2. the risk associated with advancing funds to you; and
   3. the amount of additional work required to assess whether you meet the necessary criteria for such an advance.

AUTHORISATION TO LODGE INCOME TAX RETURN (TAXATION SERVICES)

1. I declare that I have received and read a copy of the Terms & Conditions, Refund Calculation Sheet(s)/Tax Invoice and Privacy Policy. I acknowledge that my Refund Calculation sheet displays my estimated taxation refund, tax agent fees for lodging my tax return, any tax agent fees for “on the spot taxation refunds” to be paid to me as an advance to be repaid by me once my refund is released by the Australian Taxation Office. I understand and accept these figures as being accurate.
2. I authorise my tax refund to be transferred to my tax agent’s trust account. I understand that I will be paid the balance on my taxation refund only after my taxation agent has deducted its fees and any on the spot taxation advances paid to me.
3. I have read, accept and agree to be bound by the above terms and conditions and I authorise Planetech International Pty Ltd trading as My Tax Refund Today (Registered Tax Agent no. 23282009) to prepare and lodge my Income Tax Return.