Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the vipaccounting.com.au/ndis website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Personalised Bookkeeping and Business Solutions Pty Ltd (doing business as “VIP Plan Management”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and VIP Plan Management, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

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Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

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Our website

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.

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.

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.

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.

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Information Security

We take reasonable precautions to protect the content and personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
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:
access your information; and/or
download documents from or upload documents to our website.

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.

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Usage of online forms

When you send an online form 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.

Terms in relation to taxation services

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, email, telephone and/or in person.

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.
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.

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Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by VIP Plan Management or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with VIP Plan Management. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of VIP Plan Management or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of VIP Plan Management or third party trademarks.

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Limitation of liability

To the fullest extent permitted by applicable law, in no event will VIP Plan Management, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of VIP Plan Management and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to VIP Plan Management for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

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Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New South Wales, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New South Wales, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

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Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

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Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

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Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.vipaccounting.com.au/contact-us
info@vipmanagement.com.au

This document was last updated on June 1, 2023