Terms and Conditions

Accessing this Site

These terms and conditions (Terms) govern your access to and use of:
1. this website (Site); and
2. the company registration service provided by Business Switch Pty Ltd ABN 134 235 304 of Suite 703, Level 7, The Trust Building, 155 King Street Sydney, NSW 2000 (we, us or our) to you through the Site (Service).
If you do not agree with all of these Terms, do not access or otherwise use this Site or our Service.
Your use of this Site or our Service means you agree to abide by the Terms.

Intellectual property

All of the content of this Site, including without limitation all text, graphics, images, software, information and any other materials on this Site (Content), and the arrangement of the Content, is our, or our licensors’, copyright. All trade marks on this Site are our, or our licensors’, trade marks or registered trade marks.
Nothing contained on this Site is intended or will be construed as granting any express or implied right to you to, and you must not, use or exploit any patent, copyright, trade mark, trade secret or other intellectual property within the Content or on this Site.

Your rights and obligations

We grant you the right to view, download and/or print any Content that we have expressly permitted may be printed or downloaded on your personal computer for your personal use. You agree you will not:
1. alter or remove any copyright, trade mark or other proprietary notice appearing on this Site;
2. modify or edit the Content or publish or sell the Content including but not limited to making the Content available on any other website;
3. reverse engineer, translate, adapt or modify any software used in connection with this Site; or
4. create any links from any other website to this Site without our express prior written permission.

Use of the Service

We do not give any advice as to the appropriateness or suitability of the Service for you. It is solely your responsibility to ensure that the Service you purchase through this Site meets your requirements. If you are unsure whether you need an ACN, please contact the Australian Securities Investment Commission (ASIC) or your accountant.
Although our team includes accountants and business start-up experts, we do not provide any accounting or legal services as part of the Service. We do not, therefore, give or claim to give, accounting, legal or financial advice.
By using our online company registration application, you warrant that the information you supply is, to the best of your knowledge, accurate and complete.
Neither we (nor any of our authorised representatives) will be liable for any charges or other damages arising in connection with any incorrect information provided by you.
This Site aims to provide you with clear and succinct information. However, if you misinterpret such information, we are not liable in any way for any such misinterpretation. Please contact us if you need to clarify something.
We endeavour to begin working on your company registration application immediately after you have submitted it to us. For this purpose, you authorise us (through our business division companyregistration.com.au) or our nominated representative to act as your registered tax agent, and on your behalf, in your application for an ACN.
Our registered tax agent will communicate with the ASIC on your behalf using both electronic and telephone communications to process your application.
If your application is rejected by ASIC it may be for any number of reasons. These may include (but are not limited to):
1. the information supplied does not match exactly with information ASIC has on record;
2. you have previously had, currently have or have applied for, an ACN in the past; or
3. ASIC is experiencing system processing issues, such as systems downtime or maintenance.
If your application is rejected by ASIC, our registered tax agent will contact ASIC on your behalf and attempt to resolve any application problems that may have arisen. We will then advise you of the reason that your application has been rejected and offer possible solutions where it is practicable to do so. As soon as we have secured your ACN, we will advise you and we will resign as your tax agent
To the extent permitted by law, we do not provide any refund in connection with the Service except:
1. in accordance with the terms of our money-back guarantee; or
2. if you notify us that you would like to withdraw your application before we have initiated the company registration process (for example, if you submit an application to us after 6pm and then cancel it before 8am on the next working day). In such circumstances, we may provide you with a full refund less a $33.85 administration, posting and handling fee. However, the decision of whether to provide you with a refund under such circumstances is entirely at our own discretion.
Company Registration Renewal Services
1. We will send you an automated notification (Annual Company Statement) to renew any Companies registered through the Website prior to the review date of your Company.
2. The renewal notification will be sent to the email address or phone number provided by you in your Company registration application form. If your contact details change, you are responsible to notify us of such changes.
3. It is your responsibility to complete your annual Company review and we are not liable for any loss or damage suffered by you due to your failure to renew your Company or if you do not receive the renewal notification from us. We recommend that you also diarise your Company review date.

Privacy

Please refer to our privacy policy which details how we handle and protect your personal information.

Third Party Sites

We may link this Site to other websites which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we shall not be responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.

Liability

Subject to any implied condition, warranty or right which cannot be excluded by law:
1. we give no warranties, and you have no other rights, apart from those (if any) expressly set out in these Terms; and
2. all implied conditions, warranties, rights and terms are excluded.
Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, either as provided under section 68A of the Trade Practices Act 1974 (Cth) or, otherwise to the extent permitted by law.
Subject to the provisions of clause 7.1 and 7.2 and, and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Site, the Service or the Content, including but not limited to if caused by any computer virus including a virus passed from this Site to your computer or any third party computer, or loss of online connection to this Site, the Service or the Content, or interruption to access to this Site, the Service or the Content.
Any reliance you place on, or any act done based on or in response to, the Content or this Site will be at your own risk. You indemnify us against any loss or damage of any kind suffered by you in relying on the Content or this Site.

Termination

We may terminate your access to all or any part of this Site, the Service or the Content immediately if you commit a breach of any of these Terms or otherwise upon notice.

Modification to Terms

At any time and in our absolute discretion we may amend these Terms and any other of our policies relating to this Site, the Content or the Service, and we reserve the right to do so without notice. Such amendments will be effective upon their posting on this Site or as otherwise notified. You are responsible for regularly reviewing these Terms. Continued use of this Site after any such amendment shall constitute your consent to such amendment.

General

These Terms are governed by the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect as if these Terms had been drafted with the invalid or unenforceable portion eliminated.
These Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of the Terms.

Contacting us

If you have any questions about this Site, the Service or these Terms, you can contact us by emailing us at support@companyregistration.com.au.

Last update: November 2017

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