Subscriber Agreement
GovReports is a cloud based regulatory reporting and client management platform designed for tax payers and tax practitioners to connect, collaborate, share documents, manage and or submit commercial related documents and or statutory reports to Standard Business Reporting (SBR) ready government agencies such as the ATO, OSRs and or ASIC.
The Terms are binding on any use of the GovReports Service and apply to YOU from the time that GovReports provides YOU with access to the GovReports Service.
Please read our Terms and Conditions carefully.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCEPT THE AGREEMENT AND YOU ARE NOT PERMITTED TO USE GOVREPORTS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU ARE NOT PERMITTED TO USE GOVREPORTS SERVICES.
If you are a direct competitor to GovReports, you may not use GovReports without GovReports's explicit, advance, written consent.
GovReports reserves the right to change these terms and conditions at any time, effective upon the posting of the modified terms and conditions. Whilst GovReports will make every effort to communicate these changes to You via email or notification via the website. It is likely the terms of use will change over time. It is Your responsibility to ensure that You have read, understood and agree to the most recent terms available on the Website.
By registering to use GovReports, You acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom You use the Service.
Definitions
"Agreement"
means these Terms of Use.
"Account"
means a unique account established by the Subscriber to gain access to and use GovReports services and where applicable, to enable its Authorised users to access and use GovReports.
"Authorised User"
means any single employee or agent of Subscriber, identified by a unique email address or username, who is registered under the Account, provided that no two persons may register or use GovReports as the same Authorised User.
Client account register and access from the outsourced private/whitelabelled client portal ie 'iTax Portal' service to submit their tax returns to you as a GovReports registered tax agent user falls under your responsibility and associated terms and conditions on your site, are therefore not registered clients of GovReports and will not be subject to our Terms and Conditions.
"GovReports On Demand Service"
means GovReports' lower annual fee account with Pay-Per-Use or Lodgment of selected compliance reports, which provides online access for registered users to prepare and lodge reports to SBR ready government agencies with acknowledgement and lodgment receipts on an on demand basis.
"Lodgment Bundle"
means the set number of report lodgments as part of the GovReports service package on offer which subscriber has paid to access and use.
"Lodgment Count"
means the number of lodgment made by Subscriber and its Authorised User or set by GovReports as part of the bundle service package.
"Clients Count"
means the set number of clients which can be added to an account as part of the service bundle on offer by GovReports.
"Subscriber"
means the individual or entity that purchases a Subscription, creates an Account, accepts this Agreement (whether on behalf of itself or a legal entity) and ensures that Authorised Users comply with this Agreement. Subscribers may be referred to in this Agreement as "you " and "your" may be used to describe rights or duties associated with Subscriber.
"Subscription Plan"
means the various services and plans that can be purchased on the Site or from an Authorised GovReports reseller or partner. Purchase of a Subscription Plan Grants Subscriber the right to access and use GovReports for a specified period, subject to this Agreement and in exchange for Subscriber's payment of scheduled fee. Depending on the services selected, each Subscription Plan has restrictions and requirements that outline the services on offer and features that Subscriber will be able to access.
"Confidential Information"
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data"
means any data input by You or with Your authority into the Website/Site.
"Lodgment Data"
means the metadata associated with a successful lodgment to an end agency or SBR ready government departments (such as transaction history, method and time of lodgment, preparer, lodger, entity or client name, ABN, payees, contact details and related information) and maintained by GovReports in order to establish the digital audit trail required by GovReports Lodgment and related Services.
"Auditing Trail"
means transaction details and report lodgment records and data are maintained and managed by GovReports in accordance with SBR compliance requirement for at least 5-7 years as part of the digital auditing trails.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
GovReports is protected by Australian and international patents including United States patents.
"Service"
means the online accounting and personal finance management and the lodgment portal services made available (as may be changed or updated from time to time by GovReports via the Website).
"Site"
means the Internet site at the domain www.govreports.com.au or any other site operated by GovReports.
User Licence means a license enabling an Authorised User to access a Subscriber Account.
"Additional User Licences"
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time and depending on the User License type and Forms subscription access.
GovReports grants You the right to access and use the Service via the Site with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws.
The Subscriber determines who is an additional Authorised User and what level of user role access to the relevant organisation and Service that Additional User has.
The Subscriber is responsible for all Additional Authorised Users' access and use of the Service on his/her account.
The Subscriber controls each Additional Authorised User's level of access to the relevant organisation and Service at all times. The Subscriber can revoke or change an Invited Authorised User's access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited Authorised User or shall have that different level of access.If there is any dispute between a Subscriber and an Invited Authorised User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited Authorised User shall have, if any.
Data Security
Information that you provide us to use the Service such as client and business information and information populated in each Form will be stored in the GovReports cloud and compliant with Australian privacy regulations and information security practices.
Free Trial & Special Offers
If you register for a free trial, promotional offer or other type of limited offer ( "Free Trial "), GovReports will make available to you a free or discounted and or limited version of GovReports services until
a. the end of the free trial period;
b. the start date on which you purchase GovReports service; or
c. termination of your use of GovReports Service, either by you or GovReports in its sole discretion. You may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into this Agreement and are legally binding.
The version of GovReports Service that is available for a Free Trial may not include or allow access to all features or functions.
Notwithstanding the warranties described in the later sections , during a Free Trial GovReports service is provided "as is " without any warranty that may be set forth in this Agreement.
GovReports Services
During the Term of Subscription and subject to this Agreement, Subscriber will have the right to register for an Account and, where applicable, register Authorized Users, who may access and use GovReports services as specified on the level of subscribed plan that you select or pay for. GovReports will provide reporting, lodgment and related services in accordance with the specifications of your subscription package. You must be a tax payer or an employee of the subscriber or an authorised representative of an entity or an authorised and registered Tax Practitioner Board tax professional to register for an Account and use. The right to use GovReports is limited to the Subscriber and its Authorized Users, and Subscriber may not resell or otherwise provide or assist with the provision of GovReports for the benefit of another party or as part of a service Subscriber offers to any third party or as a sublicensed arrangement.
GovReports will provide customer support to Subscriber in accordance with the package that is specified in the Subscription Plan selected by Subscriber, and that is further detailed on the Site.
Subscriber Responsibilities
The Subscriber confirms that it:
a. has nominated GovReports as the hosted SBR service provider from the Australian Tax Office(ATO) via Access Manager or via ATO call centre in order to access the online reporting service on GovReports for all ATO compliance and regulated report lodgments; or
b. has the authority to use the AUSkey and any other information required to access the Payroll Tax Services or any other government services besides ATO compliance and regulated reports;
c. has provided information that is accurate, current and complete and that it has the right to provide such information to GovReports for the purposes of obtaining the Service and reports lodgment to SBR ready government agencies; and
d. agrees to keep its Account information up to date and accurate and maintain the confidentiality of its Authorised User Account password and log in information.
e. will ensure that any Authorized User associated with its Account will comply with the relevant terms of this Agreement.
f. makes its own purchase decision either after free trial or does its own research prior to making purchase or renewals. GovReports is accessible via the internet. Subscriber is responsible for obtaining the necessary equipment and internet connection in order to access and use GovReports services
Between GovReports and Subscriber, Subscriber has exclusive control over and responsibility for the content, quality, and format of any reports created. All lodged data and reports stored by GovReports on the System are maintained in an encrypted format, and GovReports has no control of or access to their contents;
GovReports is not responsible for determining how financial and reporting data are entered and retained or stored by Subscriber under any applicable laws, regulations, or legal or administrative agency processes. Further, GovReports is not responsible for or liable to produce any of Subscriber's reports or records of lodgment or other documents to any third parties;
Between Subscriber and GovReports, Subscriber is solely responsible for the nature and content of all materials, works, personal and financial data, statements, and other contents or materials submitted by any Authorized User or otherwise processed through its Account or GovReports services;
Subscriber may use GovReports services only for its offered services including client management, compliance and regulatory reporting in a lawful manner and solely in accordance with this Agreement and subject to GovReports's other terms of use, Privacy Policy, rules or policies that may be applicable to GovReports Services. Subscriber may not store, transmit, upload or share through GovReports services any materials or otherwise engage in any conduct that:
(i) violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability;
(ii) involves uploading, importing, emailing, lodging, submitting or otherwise making available content or data that Subscriber does not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements, etc.);
(iii) is intended to or is likely to damage, disable, overburden, or impair the System or GovReports services or otherwise interfere with the use or enjoyment of GovReports services by others, including, but not limited to materials or files that contain viruses or any other computer code, files or programs that interrupt, impair, destroy or otherwise limit in any way the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(iv) in any way that constitutes or encourages conduct that could constitute a criminal offense.
Payment of Services
The prices, features, and service options of GovReports depend on the Subscription Plan purchased by Subscriber as well as any changes instigated by Subscriber. For example:
(a) if you add more Authorized Users to your account, GovReports will charge the applicable subscription amount for each additional Authorized User; or
(b) if you lodge reports on an On Demand subscription, Lodgment fee for each lodgment will be charged. You may also purchase optional services on a periodic or pay per-use basis. GovReports may change the prices for or alter the features and options in a particular Subscription Plan without notice.
You shall pay on time to GovReports all fees associated with your Subscription Plan, Account or use of GovReports services, including, but without limitation, by Authorized Users. All subscription services on GovReports are annual contracts and require payments to be made in advance annually or monthly depending on your selected payment option. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all Additional Users on your account for the entire licensed term, whether or not such user licenses are actively used.
Payment for services can either be paid by credit cards or direct deposit with pay by invoice option on an annual basis or monthly payment plan basis depending on your subscription specification and selection. All fees are in Australian Dollars and inclusive of GST.
When you register for an Account, you must provide accurate and complete information for a valid credit card that you are authorized to use or complete the bank direct debit form for automatic monthly or annually payment. You must promptly notify us of any change in your invoicing address and must update your Account with any changes related to the credit card used for payment if select and prepay for services annually. By completing your registration for the Subscription Plan, you authorize GovReports or its agent to charge your credit card on a recurring (e.g. monthly or yearly) basis ("Authorization") for (a) the applicable Subscription Plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of GovReports services. The Authorization continues through your Term of Subscription and any Renewal until you cancel as set forth in this Agreement.
If GovReports does not receive payment from your credit card provider or nominated bank account, you agree to pay all amounts due upon demand. Any amount not paid when due will be subject to interest charges equal to 2% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable legal fees) incurred by GovReports to collect any amount that is not paid when due. GovReports may accept payment in any amount without prejudice to GovReports' right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to GovReports may not be withheld or offset by Subscriber for any reason against amounts due or asserted to be due to Subscriber from GovReports.
GovReports will issue an invoice for services if you select payment on invoice and or issue you a receipt upon successful payment of subscription or auto renewals. You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within 30 days, you agree to waive your right to dispute such problems or discrepancies.
You may receive or be eligible for certain pricing structures, discounts, features, promotions, and other benefits (collectively, "Benefits") through a business or industry body's strategic agreement or directly with us (a "Business Agreement").Any and all such Benefits are provided to you solely as a result of the corresponding Business Agreement and such Benefits may be modified or terminated without notice.
Cancellation & Refund Policy
All payment obligations are non-cancellable and all amounts paid are non-refundable. It is up to You when making decision to purchase/subscribe for service, to evaluate a fit of your requirement. Once a purchase is made, it's non-cancellable, non-refundable and non-transferable.
The services made available for your purchase from our website are functional, where possible with try-before-you-buy. As GovReports Reports Lodgment functionality works with dependencies on Australian Tax Office (ATO) and other Government agencies data system acceptance capability, we provide free trial periods where possible and suggest you fully evaluate our service before you make a purchase decision.
Once You purchase one or more of our service or a subscription is made, after your payment has cleared, your license to use the software will be activated. Once the license is activated, no cancellation nor refunds will be given due to the nature of our business.
We make every effort to assist you with setting up and process lodgments and or familiarise yourself with our services via email, or telephone. We strongly recommend that you evaluate your requirement before making a purchase.
Disclaimer
Unless otherwise stated, the services featured on the GovReports site are only available within Australia.
The accuracy of the data and or content of the Forms to be lodged or submitted to invited parties or government agencies are the responsibility of subscriber and its authorised user. GovReports accepts no responsibility for data or information received from a subscriber or authorised User that is inaccurate, incomplete or incorrect, in any way and which is submitted to the intended party and then lodged with the relevant government entity.
GovReports is not responsible for a third party accessing a Subscriber Account when log in information is disclosed to a third party. You agree to use the Service at your own risk and that the Service is provided as it is available. GovReports does not make any expressed or implied warranties or representations as to the operation of the Service, information, content, material or products. This shall include, but is not limited to, implied warranties or merchantability and fitness for a particular purpose and warranties that access to or use of the Service will be uninterrupted or error free.
GovReports is not responsible for end government agencies and third parties' applications performance from the integration or connection.
GovReports will use its reasonable endeavours to correct any defects in the Service and provide support to you when require.
Please note Internet Explorer version 9 or older are not supported when using GovReports and its related applications.
Limitation of Liability
All implied terms or conditions, to the extent permitted by law excluded. If the Competition and Consumer Act 2010 (Cth) implies any terms into this agreement, the liability of GovReports is limited to the resupply of the Services or the cost of resupply or the fee paid to GovReports.
We limit our liability to the total amount you have paid for our service in the 12 months prior to the date GovReports becomes aware of your claim.
GovReports will not be liable to the Subscriber and its Authorised User for any direct, indirect, incidental, consequential or exemplary damages. This shall include but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of information or other intangible loss arising out of the use of or the inability to use the Service.
Indemnity
You agree to indemnify GovReports, its officers and employees for any loss GovReports suffers or liability GovReports incurs directly or indirectly as a result of or in connection with any of the following:
information you have provided not being accurate, up to date or complete or is otherwise misleading or you misuse this website or you breach these terms and conditions; or
any amounts GovReports, its officers and employees have to pay to a third party or as a result of any claims, actions or demands made against GovReports as a consequence of your breach.
GovReports is not liable for a failure or delay in performing an obligation under this agreement to the extent the failure or delay is because of an event beyond GovReport's reasonable control or service features coming from third parties' applications.
If You are affected by any delay in performance of the Service, GovReports will use its reasonable endeavours to minimise delays or interruptions.
Intellectual Property
The contents of these terms and conditions; the GovReports website/site, including all intellectual property rights of whatever nature anywhere in the world conferred on GovReports under statute, common law or equity, including but not limited to rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, business names, trade names, domain names, design rights remain in control of or are the property of GovReports. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content in anyway except as expressly allowed in documented communication by GovReports.
All rights in the GovReports website are reserved to [IMPACT MESSAGING GATEWAY PTY LTD] Tittle to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the GovReports Access and Subscription Fee when due. You grant GovReports a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
You must maintain copies of all Data input into the Service. GovReports adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. GovReports expressly excludes liability for any loss of Data no matter how caused.
If You enable third-party applications for use in conjunction with the GovReports Services, You acknowledge that GovReports may allow the providers of those third-party applications to access Your Data as required for the inter operation of such third-party applications with the Services. GovReports shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
Unauthorised duplication or publication of any materials from this site is expressly prohibited.
Termination
GovReports reserves the right to cancel, suspend and/or modify a Subscriber or Authorised User's access to GovReports Service where GovReports has reasonably grounds to believe the Authorised User has breached these terms and conditions without prior notice to the Subscriber or GovReports.
These terms and conditions terminate automatically, if for any reason GovReports ceases to operate the Service.
General Provisions
Severability: If any term or condition of this agreement is unlawful or unenforceable,
it will be severed from this agreement and the rest of this agreement remains in force.
Contact Us: If you wish to notify us about anything relating to these Terms and Conditions, please contact us at
IMPACT MESSAGING GATEWAY PTY LTD
PO Box 8413, Parramatta Westfield, NSW 2150 Australia.
Telephone: 1300 652 590 | 02 8677 9669
Fax: 02 8078 6146
Email: info@govreports.com.au
Entire Agreement: These terms and conditions constitute the entire agreement between the User and GovReports.
