Website Legalities

WEBSITE TERMS AND CONDITIONS

 

This website: www.focusaccountinggroup.com.au (“Website”) is owned and operated by Focus Accounting and Financial Group Pty Ltd ACN 605 802 426 (“FOCUS ACCOUNTING”, “we”, “our” or “us”) for the benefit of individuals and entities interested in FOCUS ACCOUNTING’s services.

These website terms and conditions (“Terms of Use”) apply to your use of the Website and by using the Website you agree to be bound by these Terms of Use.

Please read these Terms of Use prior to purchasing any products from and/or using our service. If you do not agree to these Terms of Use, you should not obtain or use information, services or products from this Website.

Information
All information displayed on the Website is current at the time of display and provided for general use only and does not constitute legal or financial advice. We take every reasonable care to ensure accuracy of all information listed. However, FOCUS ACCOUNTING is not liable for any errors in information provided for general use. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

We may from time to time, before your purchasing of any products from this Website, require you to enter into the relevant agreement for the purchase of the products, and execute all other necessary documents.

Indemnity
To the full extent permitted by law, you agree to indemnify FOCUS ACCOUNTING and keep FOCUS ACCOUNTING indemnified from and against any liability and any loss or damage FOCUS ACCOUNTING may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives.

Liability
FOCUS ACCOUNTING is not responsible and accept no liability for loss or damage arising from Website failures or downtime.

Links
If you wish to establish a link to the FOCUS ACCOUNTING Website from your website, you must seek our prior written consent.

This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and FOCUS ACCOUNTING is not responsible for the content and maintenance of or privacy compliance in relation to any linked Website. Any hyperlink on our Website to another Website does not necessarily imply our endorsement, support, or sponsorship of the operator of that Website or of the information and/or products that they provide.

Trademark
FOCUS ACCOUNTING’s logos (whether registered or otherwise) and any other affiliated logos owned by FOCUS ACCOUNTING may not be used without prior, specific, written consent by FOCUS ACCOUNTING.

Copyright and Intellectual Property
Copyright in the content on this Website is the property of FOCUS ACCOUNTING or owned by other third parties who have granted licence/s to FOCUS ACCOUNTING. Material on this Website may be viewed and may be reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this Website may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without prior written approval from FOCUS ACCOUNTING.

Intellectual property rights for software, scripts, programming code, animation, and processes used in this Website are the sole property of FOCUS ACCOUNTING including without limitation, all copyrights and other proprietary rights inherent therein.

Security Risk
Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. FOCUS ACCOUNTING is not liable for any damage that may be a result of your use of this Website or of any linked Website.

Privacy Policy
All personal information obtained by using FOCUS ACCOUNTING’s Website is governed by FOCUS ACCOUNTING’s Privacy Policy. By using the Website you agree with FOCUS ACCOUNTING’s Privacy Policy (see below). If you do not agree to FOCUS ACCOUNTING’s Privacy Policy, you should not provide your personal information to FOCUS ACCOUNTING.

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other FOCUS ACCOUNTING products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email:

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other FOCUS ACCOUNTING products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: mail@focusaccountinggroup.com.au

General
No waiver of any of these terms and conditions or failure to exercise a right or remedy by FOCUS ACCOUNTING will be considered to imply or constitute a further waiver by FOCUS ACCOUNTING of the same or any other term, condition, right or remedy.

FOCUS ACCOUNTING reserves the right to modify any of the Terms of Use and Privacy Policy at any time.

These Terms of Use are governed by the laws of Victoria, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.

PRODUCTS AND SERVICES TERMS AND CONDITIONS

 

These Terms and Conditions apply (unless otherwise previously agreed in writing) to the supply of all products and services by FOCUS ACCOUNTING to a Client (‘you’) from time to time. Any supply of products and services by FOCUS ACCOUNTING to you made after the date of acceptance of these Terms and Conditions is a supply pursuant to the agreement constituted by these Terms and the relevant letter of engagement or services proposal accepted by you.

Scope of services
The scope of the services to be provided by FOCUS ACCOUNTING will be outlined in the engagement letter or services proposal issued to you prior to commencement of the work.

To ensure the efficient completion of the work requested, it is agreed that all information that is reasonably required by FOCUS ACCOUNTING will be made available in order for us to complete the various engagements agreed. Our capacity to complete the work required by specified dates is reliant on us receiving the works within a reasonable time period (our recommendation is not less than 30 days) and receiving timely answers to any queries raised. We will agree a work program with you each year, including the dates for both the receipt of work and our completion date.

Unless otherwise expressly stated in our engagement letter or services proposal, in providing these services, it is agreed that we will not be undertaking any independent audit of the financial statements. Our role will be limited to assistance in the compilation of the financial statements based on the information and records provided by you to us. The financial statements prepared will contain an appropriate disclaimer that identifies the extent and limitation of our role. We are entitled to rely on the records provided as being both accurate and complete.

Where you require any additional work to be completed beyond what has been described in the engagement letter or services proposal then this will represent a separate engagement. We will be happy to agree the work with you and fees will be calculated on the same basis. Where we identify that additional work requested represents a separate engagement for which additional fees will be charged, we undertake to confirm these fees or the basis for their charge with you in advance of commencing the work.

Cancellation
You may cancel your engagement of FOCUS ACCOUNTING if work has not yet commenced but will incur a fee of 10% of the fee outlined in the engagement letter or services proposal to cover the administration and scheduling costs incurred at the time of engagement.

Services may not be cancelled where work has already been input into providing the services in the engagement letter or services proposal to the client.

Fees & terms
Where you require any additional work to be completed beyond what has been described in the engagement letter or services proposal then this will represent a separate engagement. We will be happy to agree this work with you and fees will be calculated on the same basis. Where we identify that additional work requested represents a separate engagement for which additional fees will be charged, we undertake to confirm these fees or the basis for their charge with you in advance of commencing the work.

Our accounts will be rendered to you on completion of each work segment as described in the engagement letter or services proposal. These accounts are payable within 14 days of receipt by you.

Confidentiality
We will treat as confidential and maintain the confidentiality of all information and records that you provide to us. This information will only be disclosed to a third party where specific authority has been granted for us to provide this information, or where we are subject to a legal duty to disclose the information.

From time to time during the completion of your work, we may engage various staff and or contract personnel who we consider appropriate for the completion of your work. These personnel will have access to your accounting and taxation records only for the purpose of completing the accounting and taxation engagements agreed. In all cases these personnel will be subject to our supervision and control.

Your obligations & rights
The Tax Agents Services Act 2009 requires us to advise you of your rights and obligations where we are acting for you on taxation matters. In relation to the taxation services provided:

• You are subject to the self-assessment system in relation to any of your income tax returns. The Commissioner is entitled to rely on any statements made in your income tax returns. Where those statements are later found to be incorrect, the Commissioner may amend your income tax assessments and, in addition to any tax assessed, you may also be liable for penalties and interest charges.
•  You have an obligation to keep proper records that will substantiate the taxation returns prepared and which will satisfy the substantiation requirements of the Income Tax Assessment Act. Failure to keep such records could result in claims being disallowed, additional tax being imposed, and the imposition of penalty or general interest charges.
• You are responsible for the accuracy and completeness of the particulars and information required to comply with the various taxation laws. We will use this information supplied in the preparation of your returns.
• Your rights as a taxpayer include:

o The right to seek a private ruling;
o The right to object to an assessment by the Commissioner;
o The right to appeal against an adverse decision by the Commissioner.

Certain time limitations may exist for you to exercise these rights. Should you wish to exercise these rights at any time you should contact us so that we can provide you with the relevant time frames and to discuss any additional requirements which may exist.

Materials
In the course of our engagement we will prepare various working papers and notes consistent with our internal quality control system. These working papers remain the property of our firm and will be retained by us to support any future queries on work completed. Original source records provided by you to us to assist in the completion of your work will be returned to you at the completion of each engagement. Where appropriate, we may take copies to retain on your client file.

Liability
FOCUS ACCOUNTING’s liability is limited, to the extent permissible by law and at its option, to:

(i) in relation to products:

(a) the replacement of the products or the supply of equivalent products;
(b) the repair of the products;
(c) the payment of the cost of replacing the products or of acquiring equivalent products; or
(d) the payment of the cost of having the products repaired.

(ii) where the products are services:

(a) the supply of service again; or
(b) the payment of the cost of having the services supplied again.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these terms are excluded and FOCUS ACCOUNTING is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

(i) any increased costs or expenses;
(ii) any loss of profit, revenue, business, contracts or anticipated savings;
(iii) any loss or expense resulting from a claim by a third party; or
(iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by FOCUS ACCOUNTING’s failure to complete or delay in completing the order to deliver the products.

Whole agreement
These Terms and Conditions, when read with any terms and conditions included with our engagement letter or services proposal, represent the whole of the terms of contract between you and us and all representations, undertakings, prior agreements or arrangements are expressly excluded. Where there is a conflict between these terms and conditions and the terms and conditions included with a letter of engagement, the letter of engagement shall take precedence. You expressly acknowledge that in entering into an engagement you have not relied upon any prior representation made by us concerning the products and services, their uses, fitness, quality or specifications.

PRIVACY POLICY

 

About this policy
Focus Accounting and Financial Group Pty Ltd ACN 605 802 426 (herein referred to as ‘FOCUS ACCOUNTING’ ‘we’, ‘us’ or ‘our’) are committed to protecting the privacy of your personal information in accordance with Australian privacy laws.

Our Privacy Policy sets out how we and our related entities collect, use, disclose and manage your personal information.

Our Privacy Policy complies with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) as amended from time to time (‘Privacy Act’).

When you engage us to provide you with any goods or services, apply or complete an application for commercial credit, communicate with us through email, by telephone, in writing, participate in any of our promotional activities, or use any of our other services, including our websites, you agree to the use and disclosure of your personal information in the manner described in this policy. This policy is also relevant and applies to other individuals we deal with in connection with commercial credit we provide, such as guarantors and directors.

We may from time to time review and update this Privacy Policy so please check our website periodically to stay informed of any updates. All personal information collected and held by us will be governed by the most recently updated Privacy Policy.

Types of personal information we collect
The kinds of personal information we may collect from you will depend on what type of interaction you have with us. Personal information we may collect from you includes, among other things:

• identity particulars – such as your name, address, date of birth, occupation, telephone numbers and e-mail address;
• personal information we collect from you when assessing , processing and managing an application by you for commercial credit;
• personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;
• your bank, credit or debit account details when you make a purchase;
• your records of communication with us;
• if you visit our website, your website usage information such as your IP address.

The purpose for collecting your personal information
We will generally only collect and use your personal information for the primary purposes of:

• our general business operations;
• effectively providing you with our goods and services;
• where applicable, assessing and processing an application for commercial credit, and for administrative purposes in relation to the ongoing management of your commercial credit arrangement;
• communicating with you;
• responding to your inquires or complaints;
• meeting our legal and regulatory obligations;
• conducting, improving and developing a relationship with you;
• direct marketing (such as providing you with information about our products and promotional notices and offers); and
• improving our websites.

Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf. Where you have applied for commercial credit account with us, we may also make enquiries in respect of commercial credit with third parties with your consent. This could include persons nominated by you as trade references, credit reporting bodies (“CRBs”) and your bankers.

We will take reasonable steps to ensure that you are aware of:

• the likely use of the information;
• the right of access to the information;
• the identity and contact details of our employee/representative collecting your personal information;
• any law requiring collection of the information; and
• the main consequences of failure to provide your personal information.

How we may use and disclose your personal information

We may use your personal information for:

• the primary purposes for which it was collected, such as those described above;
• assessing and processing an application for, or administrative and management of, and commercial credit account with us;
• administering and responding to your enquiry or feedback about our products and/or services;
• conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey, market research or customer behavioural activity;
• promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services (but giving you the opportunity to opt out of such direct marketing)
• improving the operation of our websites.

We may disclose personal information we collect from you:

• to our related companies, suppliers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to our supplier to enable that supplier to respond to your request for information about a particular product;
• for direct marketing by FOCUS ACCOUNTING, but giving you the opportunity to opt out of such direct marketing; We will include our contact details in any direct marketing.
• where the law requires or authorises us to do so;
• to others that you have been informed of at the time any personal information is collected from you;
• with your consent (express or implied), to others.

We do not disclose your personal information for any secondary purposes unless your consent has been given or as required by law, and we will not sell or license any personal information that we collect from you.

How your personal information is stored and secured

We take reasonable steps to protect your personal information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.

If a substantial data breach has or may have occurred (for example, your personal information was shared with unauthorised persons) we will notify you as soon as is practicable.

We only keep your personal information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

Using our Website and Cookies

As with most websites, when you visit our website or use an application on our website, we may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded type of browser and operating system.

We also uses “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but the website may be limited in the use of some of the features.

Our website may also contain links to or from other websites. We are not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on our website. We encourage you to read the privacy policies of other websites you link to from our website.

Marketing and Opting-Out

We may use your personal information for:

• promoting and marketing of our current and future products and services;
• informing you of upcoming events and special promotions and offers; and
• analysing our products and services so as to improve and develop new products and services.

We may exchange your personal information between our related entities and so they can also assist in the marketing of our products and services to you.

We will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.

At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information. You will generally be given the opportunity to “opt out” from receiving marketing communications from us. You may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.

Cross border disclosure

Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by us in other countries. For example, we may use a server hosted overseas to store data, which may include your personal information.

We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’).

The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia.

If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.

Accurate and up-to-date information

We take reasonable steps to ensure your personal information is accurate, up-to-date and not misleading by updating its records whenever true and correct changes to the data come to its attention.

If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below.

We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagree that the information is incorrect, we will provide you with the reasons for taking that view.

We disregard information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in our possession.

Access to your personal information

We acknowledge that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the personal information we hold about you by contacting our Privacy Officer. If access is refused to your personal information for reasons permitted by the Privacy Act, we will give you a notice explaining our decision to the extent practicable and your options.

To contact our Privacy Officer please see contact details below. If you make an access request, we may ask you to verify your identity and put your request in writing for security reasons. We may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.

Dealing with unsolicited information

We take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.Anonymity when dealing with us Only where it practicable to do so, we may allow you the option not to identify yourself when dealing with us.

Anonymity when dealing with us

Only where it practicable to do so, we may allow you the option not to identify yourself when dealing with us.

Collecting sensitive information

FOCUS ACCOUNTING does not collect sensitive information, unless it is specifically relevant and necessary for the purpose of our business activities and functions, and your consent is first obtained. All sensitive information that is collected is used in accordance with this privacy policy.

Government identifiers

We do not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals. All government identifiers that are collected are used in accordance with this privacy policy.

Complaints and disputes

If you have reason to believe that we have not complied with our obligations relating to your personal information under this Privacy Policy or under the Privacy Act, please refer any complaints or queries to our Privacy Officer (details below).

We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Where necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:

Office of the Australian Information Commissioner
Website: www.oaic.gov.au
Phone: 1300 363 992

Who should you contact for further information?

Please refer any queries or complaints about our Privacy Policy or privacy issues to our:

Privacy Officer
FOCUS ACCOUNTING
PO Box 2560
BAKERY HILL VIC 3354
Phone: 03 5339 3200
Email: mail@focusaccountinggroup.com.au

Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.

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