Terms and Conditions
These terms and conditions comprise the agreement between you as the client (you) and Napier & Blakeley Pty Ltd ACN 006 302 278 ATF The Napier & Blakeley Unit Trust (N&B). If you access the www.NBtax.com.au website (NBtax) or use any services on NBtax, then you do so on these terms and conditions.
Acceptance: By clicking “I Accept”, you will be treated as agreeing to and accepting these terms and conditions. That acceptance extends to you and any person that uses your user name and/or password (with or without your consent).
Licence to Access NBtax: N&B licenses you to access NBtax conditional upon you agreeing to, and accepting, these terms and conditions. Whilst you are on NBtax any licence you have to access NBtax is non-exclusive, non-transferrable and can be revoked by N&B at any time.
Service Requests: Each time you request N&B to provide a depreciation schedule and/or report (Report) and pay the required fee on NBtax, you are making an offer to N&B to deliver the Report in accordance with these terms and conditions. Each request is a distinct offer by you to N&B relating to that Report and cannot be revoked by you.
Quotes: Any quote N&B give you will be valid for 30 days (or such other time stated at the time N&B give the quote) from the date of that quote and N&B can withdraw, modify or vary that quote up until any time. Any quote accepted by you will be a request for the purpose of these terms and conditions.
Accepting Orders: N&B will not be bound by your request until N&B accept it, which N&B may do by delivering the Report. If the terms of your request differ from these terms, these terms and conditions will prevail.
Delays Caused by You: If N&B are unable to carry out, or are delayed in carrying out, an inspection survey or deliver the Report as a result of an act or omission by you, N&B reserve the right to retain any monies paid by you, even if a Report will not be delivered.
Inability to Fulfil Request: If N&B decide (in its discretion) that it is unable or unwilling to fulfil your request, N&B may elect to notify you of that decision. Where that inability or unwillingness is not due to an act or omission by you, N&B will refund the monies paid by you in the manner contemplated by these terms and conditions.
Licence to Use Reports: If N&B provide you with a Report, then you have a non-exclusive and non transferrable licence to use the Report for the specific purpose for which it was prepared by N&B. You agree to and accept any conditions, limitations and/or disclaimer accompanying the Report.
Limits on Estimates: Estimates provided by NBtax (as opposed to Reports) are indicative in nature and are NOT TO BE USED by you in any way (including use in a tax return). You cannot rely on these estimates in any way whatsoever or howsoever, as final amounts will depend on an inspection survey and a final Report being provided.
Accuracy of Information Provided: You certify that all information provided to N&B is true and correct in all respects as the Report depends on the accuracy of that information (including information provided on NBtax). Should this information differ from that supplied, then N&B cannot, and will not, be responsible for the accuracy of the Report. Furthermore, where the inaccuracy is identified by N&B prior to delivery of the Report, N&B reserve the right to charge additional fees of preparing the Report based on its then fee structure. For example, if the size of the building is larger than originally stated by you, additional fees may apply. Reports will then only be delivered once the additional payment has been received by N&B.
Inspection Survey: Within a reasonable time of your request and payment, an inspection survey will need to be organised of the asset(s). A request to change an agreed inspection survey date or time must be received by N&B (through [email protected]) at least 3 clear business days before the scheduled time. Additional fees may be charged by N&B for cancelled inspection surveys or where N&B is not provided with complete access.
Affiliates: N&B may refer to affiliates on NBtax. Affiliates are not partners of N&B, nor are affiliates permitted to bind N&B.
Affiliate and / or Campaign Codes: You may be provided with a code for preferential terms (eg discounts). Any code given to you is unique to you and you must not allow any other person to use that code.
Website Information: Any information or commentary on NBtax is general only. N&B does not warrant the accuracy or appropriateness of the contents of NBtax.
Other Websites: NBtax may contain links and pointers to other websites. This is done for your convenience only. N&B does not endorse those websites and is not responsible for any information or other links contained in these websites. You access these other websites at your sole risk and it is your own choice as to whether the information on these other websites should be relied upon.
Delivery Policy: N&B endeavour to have Reports delivered to you within 14 days of the inspection survey (which may be longer for orders placed between 24th December - 12th January). Once sent, the report is treated as being delivered to you. If for some reason the Report is not delivered within the expected time period, please contact [email protected]
Returns, Refunds & Exchange Policy: In N&B’s sole discretion, N&B may replace and/or rectify defective, incomplete or inaccurate Reports or provide you with an equivalent amount of credit, provided that you -
(a) notified N&B at [email protected] of the defect, incompleteness or inaccuracy within 7 days of delivery of the Report;
(b) return, within 14 days of delivery of the Report, the Report in the same condition and packaging in which it was supplied, accompanied by the completed returns form and a copy of your receipt to NBtax returns, Napier & Blakeley Pty Ltd, Level 11, 309 Kent St, NSW, Australia 2000;
(c) allow N&B a reasonable opportunity to ascertain whether there is in fact a defect, incompleteness and/or inaccuracy and that defect, incompleteness or inaccuracy is not due to any act or omission by you (including a breach of these terms and conditions); and
(d) have not used the Report or any information in the Report, otherwise, the Report will be treated to comply with your request.
Refunds: Where N&B agree to give you a refund, then, unless otherwise agreed by N&B, your credit card will be refunded within 30 days of N&B deciding to give you a refund.
Security Policy: Whilst N&B endeavour to include security measures on NBtax, there are inherent risks with accessing, and providing information (including credit card details) over the internet. You access NBtax and provide that information at your sole risk.
Exclusion of Legislation: The provisions of all legislation, including the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1989 (Qld), do not apply to these terms and conditions except to the extent that they are unable to be excluded by legislation.
Limitation of Liability: N&B give no warranty in relation to NBtax or the Reports, their quality, fitness for any purpose, their compliance with any description or sample, or otherwise. To the extent permitted by law, N&B’s liability to you arising in any way in relation to your request or the Report will be limited to providing a replacement Report at no additional charge or giving you a credit equal to the price you paid, whichever N&B deem appropriate. In no case will N&B’s liability extend to any direct, incidental or consequential damage to property, personal injury or loss of profit.
Release & Indemnity: Except as otherwise expressly provided in these terms and conditions, you release N&B from, and indemnify N&B against (including solicitor costs on a solicitor and own client basis), all actions, claims, demands, losses, liabilities, damages and expenses arising from or in relation to access to NBtax or use of the Reports.
N&B Intellectual Property: N&B own and retain all intellectual property rights in and connected to NBtax and the Reports (including any and all copyright). You will not at any time do any act inconsistent with N&B’s intellectual property rights.
Additional Policies: You must comply with any and all NBtax policies and procedures published on NBtax from time to time.
General: You acknowledge that –
(a) N&B will not be liable for any delays or loss or damage you suffer arising from any cause beyond N&B’s control;
(b) with the exception of the time for delivery, time will be of the essence;
(c) these terms and conditions will be construed in accordance with the laws of New South Wales and the parties submit to the jurisdiction of the NSW courts;
(d) the failure of N&B to exercise any rights under these terms and conditions will not waive that right, nor will any practice developed between N&B and you waive or lessen our respective rights under these terms and conditions;
(e) any amounts are, unless otherwise stated, exclusive of GST and you must pay N&B the GST in addition to the stated amount; and
(f) any provision of these terms and conditions which are found by a court of competent jurisdiction or any competent government authority to be invalid, illegal or unenforceable, will be severed from these terms and will be deemed never to have been part of them.
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