Article 1 (purpose)
The purpose of this agreement is to provide a detailed prescription of the terms and conditions of membership and affairs relating to usage of Hello Tax services. (http://www.hellotax.com.au)
Article 2 (Terminologies)
(1) Terminologies defined in this agreement is as follows.
- Member means a person who agrees with this agreement terms and conditions and uses any services of Hello Tax.
- Member Contract refers to a contract between Hello Tax and members which includes this agreement and all other matters in relation to service usage.
- User ID refers to members personal identification number for using Hello Tax services. This is a distinct combination of letters and numbers authorized by Hello Tax in accordance with users request.
- Password refers to distinct combination of letters and numbers that has been registered with Hello Tax. The purpose of a Password is to confirm user identity.
- Terminal refers to electronic devices that are used to access the server such as personal computer, PDA and mobile phones.
- Cancel refers to either Hello Tax or members cancelling the Member contract.
(2) Terminologies in this agreement that are not defined in section 1 will be in accordance with related law and/or service guidelines. Otherwise, general practices will be followed.
Article 3 (Effect and Alteration of the Agreement)
(1) This Agreement will publicly announced online by Hello Tax. It will be effective only after members and Hello Taxs consent. When there are reasonable causes, the agreement can be varied within the boundaries of applicable law. The amended agreement will follow proper procedures and will be effective as it is publicly announced by Hello Tax.
(2) Members must regularly visit Hello Tax and must check for any amendments of the agreement. Hello Tax will not be responsible for any damages caused due to unawareness of information on the agreement by members.
(3) Hello Tax may request for members to withdraw from membership if members do not agree with the amended agreement.
Article 4 (Regulations outside the Agreement)
Hello Tax, when necessary may make decisions on each articles, agreement and operation policies that are within the boundaries of its service. (i.e. Guidelines for each service) Any content in this agreement that conflicts with the guidelines, then the guidelines will be take precedence over the agreement.
Article 5 (Valid Formation of the Membership Contract)
(1) This agreement will be formed only when users agree to all contents of the agreement and Hello Tax approves their application for using its services.
(2) By clicking Agree when applying for use of Hello Taxs services, you are effectively agreeing to the Member Contract.
Article 6 (Application for using services)
(1) Anyone who wishes to become a member and use Hello Tax services must provide all requested information. (User ID, password, name, contact number etc.)
(2) All members must provide required personal information in or to use the services. Anyone who frequently uses other peoples information, provide false information and/or do not provide true information cannot claim any rights of using the services. These actions may be punished in accordance to relevant law.
(3) You can become a member only by providing true information and Hello Tax may take actions to verify the provided information. Members must cooperate with Hello Tax in such activity. If members are uncooperative, Hello Tax may regard the provided information as false information.
(4) Hello Tax will distinguish members into different classes and will subdivide them in accordance to factors such as user time, users payment per use, service menu to distinguish utilization.
Article 7 (Personal Information Protection and Utilization
(1) Hello Tax will put in efforts to protect members information in accordance to relevant law. Relevant law and Hello Taxs Personal Information Protection Policy will be applied to personal information protection and usage. However, Hello Tax Personal Information Policy will not be applied to website links that are linked to our official site. Additionally members must manage their passwords so that others will not be able to access it. Hello Tax will not be responsible for members exposure of personal information at their own fault.
(2) Hello Tax may disclose members personal information to a third party within the limits of applicable law.
- When information is requested by an investigative agency and/or a Government agency.
- When members contravene relevant law and/or any of the agreement clauses and information is necessary for information protection reasons.
- When required by other laws.
Article 8 (User Application Approval and Restrictions)
(1) Hello Tax will approve usage of services according in order of application received if there are no disruption in any of our business or technical practices.
(2) Hello Tax is able to postpone approval under the following circumstances.
- When applicants do not provide genuine information.
- When the purpose of applicants application is to contravene law, disturb public peace and order and/or to commit an offense against public morals.
- When there are intentions to use the service for unlawful and/or dishonest purposes.
- When services are used for purposes of making a profit.
- When applicants are any those that are in competition with Hello Tax
- When applications are made by individuals that have had contracts and/or agreements cancelled dues to their default or contravention.
- When individuals at the time of application act against other stipulated circumstances.
(3) When applications for usage of Hello Tax services are under any of the following circumstances, approval may be deferred until reasons of application restriction are resolved.
- When Hello Tax does not have sufficient equipment and/or facilities.
- When Hello Tax are incurring technical problems.
- When application is disapproved due to other companies wrongdoing.
(4) If applicants are regarded as a minor according to the relevant law, Hello Tax may postpone approval depending on the each sector of Hello Tax service.
(5) Hello Tax may withdraw user approval after all procedures of membership registration has been completed if any causes under section 2 are discovered.
Article 9 (Member ID Authorization & Alteration etc.)
(1) Hello Tax will authorize member ID in accordance to the Agreement.
(2) Generally Member ID is unchangeable. However due to unavoidable reasons if alteration is required members much remove their current ID and reregister.
(3) Members of Hello Tax may link their Hello Tax user ID with member ID of other affiliated companies only when approved by the member.
(4) Member ID can be altered or suspended when requested by the member or through the exercise of Hello Taxs authorization.
- When member ID overlap with members phone number or resident registration number and this raises concerns for invasion of members privacy.
- When the ID gives unpleasant feeling to other and/or goes against public morals.
- When the ID is the same as the companys name (i.e. Hello Tax), its service provider or administrators name which raises concerns of misconception.
- When there are other reasonable circumstances.
(5) Management of member ID and password is up to the member. Hello Tax will not be responsible for any damages or loss due to negligent care by members and/or unlawful use of services by third parties.
(6) Other matters in relation to members personal information management and alteration will depend on each specific service guidelines.
Article 10 (Hello Taxs Duty)
(1) Hello Tax will allow for use of services on the start of date nominated by the members.
(2) Hello Tax will recover any facilities that have been damaged or lost without hesitation for stable service provision.
(3) Hello Tax construct a security system for personal information protection. Hello Tax will announce and abide by the Personal Information Protection Policy.
(4) If recurring opinions and complaints are acknowledged, through proper procedures, Hello Tax must deal with the matters straight away. However, if immediate resolutions are not possible Hello Tax must notify clients the reasons behind this and its process schedule.
Article 11 (Members Duty)
(1) At the time of registering as a member or altering member information, individuals must provide true information. If individuals provide false information or information of persons other than the individual, he/she will not be able to claim assert the rights attached to valid membership.
(2) Members must abide by all clauses in the Agreement, other requirements provided by Hello Tax and any other notified provisions. Members must not act in a way which damages Hello Taxs reputation and/or cause damages to others.
(3) Members must notify Hello Tax in changes of their address, contact details and email address immediately.
(4) Members cannot use the services provided By Hello Tax for their own business activities without the consent of Hello Tax. Hello Tax will not take responsibility for outcomes of such business activities. In cases where Hello Tax incur losses or damages through members business activities, members must compensate for such loss or damage. Hello Tax, through lawful yearly procedures may charge for compensations fees after considering members service usage.
(5) Unless there are explicit agreement from Hello Tax members cannot transfer membership rights and status to others. Members cannot provide such rights and status as a security.
(6) Members must not encroach third parties intellectual property rights. Members must not take actions that are outlined in Article 18.
Article 12 (Service Usage Time)
(1) Service is provided throughout the year, 24 hours a day unless there are special circumstances with operations or technical problems. However Hello Tax may designate date and times where its system may go through inspection, installation and/or replacement. In such times services may be temporarily interrupted. Temporary interruption of services due to prearranged operations will be notified to members though Hello Tax in advance.
(2) Hello Tax may stop all or parts of services in times of urgent system inspection, installation, replacement and/or incurrence of system disability, national.
(3) Hello Tax may stop providing all or parts of services in cases where there of service reconstruction and/or other necessary management operations.
Article 13 (Members posting etc.)
(1) Postings refers to members’ written posts, pictures, various files and links.
(2) If posts members have posted results in damages of the member themselves or any other persons, the member must take full responsibility for this. Unless there are special circumstances Hello Tax will not be responsible for such circumstances.
(3) Hello Tax is able to stop, delete, change or refuse postings without members consent in the following cases.
- Where postings dishonours third parties.
- Where postings dishonours third parties disseminate links or contents that goes against public order and peace.
- Where the contents are about encouraging illegal copying or hacking
- When the posting is for the purposes of profit-making.
- When the contents are recognised to be associated with crime.
- When the contents infringe on third parties copyright and other rights.
- When the contents are about personal political and/or religious views that do not coincide with Hello Taxs characteristics.
- When contents contravene posting regulations or do not coincide with characteristics of the bulletin board.
- When the contents are judged to be infringing other related law.
(4) Hello Tax is able to temporarily suspend postings when requested by a third party on the grounds of encroachment of rights such as defamation of character and/or intellectual property rights. Hello Tax will act in accordance with the decisions made by relevant agency in relation to the parties lawsuit and settlement of both parties.
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(5) If postings made have been temporarily suspended, members may seek a re-posting request. However such request must be made within 3 month of the posting. Otherwise, Hello Tax may delete the posting.
Article 14 (Copyright of Members Posting)
(1) Copyright of postings made by Hello Tax is vested in Hello Tax
(2) Copyright of each posting by members vests in the individual author. However, Hello Tax may use members postings without their consent and free of charge for service management, display, transmission, distribution and/or advertisement purposes within the boundaries of relevant law and regulations. Such usage may incur in the following circumstances.
- Hello Tax may reproduce, modify, display, send, and distribute postings of members within certain limits where the posting does not get damaged.
- In cases where Hello Tax provides posting contents for display or advertising purposes to alliances such as media, press agencies. However, Hello Tax may not provide members member ID and other personal information without consent from members.
(3) If Hello Tax wishes to use members posting contents for reasons other than the above purposes, authors consent must be received through phone, fax or email.
(4) In cases where members cancel their membership all postings on their account (e.g. Emails, bogs, my home etc.) will be deleted. However, postings that have been copied due to storing by others and therefore are combined with their posting or postings that are posted on public bulletins will not be deleted.
Article 15 (Information Provision)
(1) Hello Tax may provide information deemed to necessary for service usage through various methods such as emails, mails, SMS, telephone.
(2) Hello Tax may collect additional personal information with members consent and within boundaries of relevant law for purposes such as service reconstruction and introduction of new services.
Article 16 (Negotiation with Advertising Publishers & Advertisers)
(1) A part of funding obtained by Hello Tax to provide services to members come from earnings made through advertisers. Members will agree to appearance of advertisement when using Hello Tax services.
(2) Hello Tax is not responsible for any damages or losses incurred through members participation in advertisers sales promotion events and any contacts and/or transactions made with the advertiser.
Article 17 (Contract alteration and Cancellation)
(1) If members desire to cancel membership contract, the members themselves must use the Customer Centre menu to cancel their membership
(2) In cases where membership cancellation is made, Hello Tax will de-register members in accordance to the Personal Information Protection Policy. In cases where membership cancellation is made under Hello Taxs authority, Hello Tax must grant members opportunity to explain before de-registering them.
Article 18 (Service Usage Restrictions)
If members actions correspond to the following circumstance or is in contravention of Article 11 of this agreement, Hello Tax may restrict service initialization, usage or cancel membership contract.
- When members provide false information in member information, steal other members ID, password, other personal information and/or share member ID with others.
- When members disseminate contents in the form of sentences, shapes, audio and/or video that go against public order peace, intrude on others privacy and/or dishonours their character/reputation.
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- When members ridicule, threat other members and/or consistently make them feel uncomfortable.
- When members hack into Hello Taxs server, change Hello Tax clients program and/or alter all or parts of information on service website arbitrarily without special consent from Hello Tax.
- When members copy and/or use information obtained from using Hello services for purposes other than service usage such as publishing in media and/or providing the information to third parties.
- When members falsely represent themselves as Hello Tax management, employees or and related parties and/or purposely disturb regular operations.
- When requested by public agencies such as the Information Communications Ethics Committee.
- When services have not been used for more than 3 months.
- When documents are uploaded without index files and are used regularly as file reference.
- When members contravene Hello Tax regulations including this Agreement and/or objective judgements of members association with crime is made.
Article 19 (Damage/loss Compensation)
(1) If Hello Tax and members, due to their wrongdoing incur damage to others while providing or using the services must compensate for any of the damages/losses.
(2) Hello Tax will not be responsible for provision of free of charge services that do not contravene Personal Information Protection policy
Article 20 (Exemption Clauses)
(1) Hello Tax will not be responsible for any interruptions in services due to uncontrollable events such as natural disasters, wars or halt in service provision from relevant communications company.
(2) Hello Tax will not be responsible for damages/losses incurred due to unavoidable circumstances such as repair work, replacement or regular inspection of service provider facilities and equipment.
(3) Hello Tax will not be responsible for damages/losses due to system errors of members computers and/or improper entry of personal information and email address details.
(4) Hello Tax will not be responsible for not being able to obtain members expected amount of returns. Hello Tax also will not be responsible for losses due to documents that have been used for Hello Tax services.
(5) Hello tax will not be responsible for reliability of various information, documents that have been provided by members. Hello Tax is not obliged to intervene disputes between members and/or between members and other third parties.
(6) Hello Tax is not obliged to regularly screen members postings in advance and will not be responsible for outcomes of these postings.
Article 21 (Notification)
(1) Hello Tax will notify members through members registered email address.
(2) When notifications are not addressed to specified members, notifications will be posted on announcement notice boards for 7 days. These notifications can be separated into categories.
Article 22 (Jurisdiction & Law)
(1) Any matters that are not disclosed in the agreement will be settled in accordance to the applicable Australian law practices such as the Telecommunications Business Act.
(2) Regular and other members must follow applicable agreements provided by Hello Tax. This agreement will differ in accordance to the type of service received.
(3) If there are a disputes which lead to lawsuits, matters will be settled within courts of District Court of Queensland.
Supplementary Provision
1. This agreement will be applicable from the 1st of August 2010.