The “myBMT” online portal (Portal) and the other products and services that you may have access to via the myBMT online portal (the Portal and such other products and services collectively, the “Online Services”) are owned, operated or licensed by BMT Tax Depreciation Pty Ltd ACN 115 282 392 (BMT) or its Affiliates, and are made available via BMT’s website at www.bmtqs.com.au (Website).
The terms: (a) “we”, “us” and “our” refer to BMT; (b) “you” and “your” refer to the person that obtains, uses or otherwise accesses the Online Services; (c) “Client” means a person who registers for the Online Services as a Client; and (d) “Accountant” means a person who registers for the Online Services as an Accountant.
These Terms and Conditions govern your use of the Online Services, and comprise these terms and conditions, the service specific terms and conditions (including prices), notices and disclaimers available on the Online Services and any application form or order form (which is made available by us to you) for an Online Service that we accept from you for that Online Service.
By clicking “agree” and/or accessing and using the Online Services, you acknowledge that you have read and agree to be bound by these Terms and Conditions (including any variations we make from time to time). If you do not agree to these Terms and Conditions, you must immediately cease accessing and using the Online Services.
You warrant that you are at least 18 years old or are accessing or using the Online Services under the supervision of a parent or guardian who agrees to these Terms and Conditions.
We will provide you access to the Online Services on these Terms and Conditions.
You may need to register with us in order to access and/or use the Online Services.
You agree that your account is non-transferrable. You may update, edit or terminate your account at any time through the Portal.
You must: (a) keep your user login details (including password) secret and confidential and not disclose such details to any third party or allow another person to access the Online Services using your details, except to your employees. You agree that you will be solely responsible for all access and use of the Online Services by anyone using your login details, whether or not you authorised such access or use; and (b) immediately notify us if you are aware of, or have any reason to suspect or believe that, your login details have been subject to unauthorised use or have otherwise been compromised.
We may add to, change or remove the features and functionality available on the Online Services (including the Content) at any time (with or without notice to you).
If we decide, or are required, to modify or exit an Online Service from the market or any part of an Online Service, then we may (on prior reasonable notice to you): (a) replace such Online Service with a modified service or an alternative service; or (b) cancel the Online Service. If you ask us to provide you with assistance to move to a replacement service or the modified service, then we may provide such assistance to you at an additional charge (that we will provide to you at the time you make such request). If the replacement or modified service materially reduces the level of functionality that was available to you in the old Online Service before the replacement or modification, then you may cancel the service without the payment of any early termination charges.
You may order an Online Service by completing an application form for that service, whether such form is provided to you online, through the Portal or otherwise.
You agree that: (a) an application form that is submitted for an Online Service by you is merely an offer by you to buy access to such Online Service for the price notified when you place that application form; and (b) we may ask you to provide additional details or require you to confirm your details to enable us to process an application form.
We may accept or reject an application form at our discretion. This includes if: (a) the requested Online Service is not available; (b) there is an error in the price or the product description posted on the Portal; and/or (c) there is an error in the application form. Accordingly, you agree that each application form is subject to price and availability confirmation by us.
You may view, download, save, print and use the information and material made available to you via the Online Services (Content) for your personal use, including: (a) if you are a Client, for the purposes of sharing the Content with an Accountant or other person authorised by you via the Online Services; and (b) if you are an Accountant, for the purposes of providing your services to your clients. You must not otherwise use, handle or distribute the Content without our prior written permission.
You must comply with all applicable laws.
You acknowledge and agree that: (a) status changes are only an indication of the steps in the schedule process, there may be other steps that are required and the status may be changed us at our discretion. Accordingly, the status may not accurately reflect what is currently occurring with the schedule; (b) the depreciation estimate is a likely range of deductions, not the actual amounts claimable; (c) the depreciation summary is a guide to what deductions have been found in a particular financial year. The actual figures are found in the full depreciation schedule which can be downloaded by you through the Online Services; (d) you may not, and must ensure that your users do not, use the Online Services fraudulently, unlawfully or otherwise in breach of any law; and (e) feedback provided by you will be saved by us, and we may use any such feedback at our discretion for improving our products and services and for publicity purposes (eg testimonials).
You must provide us with all reasonable assistance required by us in order to provide you with an Online Service.
Some features of the Online Services may require or enable you to upload or otherwise submit information, content or data (including illustrations and photographs) (User Material). You are solely responsible for the User Material.
You must ensure that the User Material: (a) is in a form and provided via a method required by us from time to time; (b) is accurate and complete at the time it is uploaded or submitted to via the Online Services, and promptly advise us or add or change the User Material (as appropriate) if you become aware that the User Material is not accurate or complete; (c) is not inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, likely to offend, insult or humiliate others based on ethnicity, race, gender, sexuality, age or any disability or otherwise vilifies any person or incites violence or hatred; and (d) does not: (i) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; (ii) contain sexual acts, nudity, pornography and is not of a violent nature; (iii) depict an individual without their prior consent; (iv) exploit an individual in any way; (v) infringe the rights (including intellectual property rights and moral rights) of any person; (vi) contain any virus, trojan horse, worm or other harmful, disruptive or malicious component or code or otherwise poses a privacy or security risk to any person; or (vii) contain any content that is restricted or hidden. We reserve the right to remove or amend (with or without notice and at our sole discretion) any User Material that we consider breaches these Terms and Conditions. That said, we are under no obligation to monitor the User Material for any purpose, including for the purposes of ensuring compliance with these Terms and Conditions.
You warrant that our use and the use by our service providers of the User Material will not infringe the rights (including intellectual property and moral rights) of a third party or otherwise breach any obligations of confidence or any law relating to the User Material.
You acknowledge and agree that User Material uploaded or submitted to the Online Services may be accessed by our personnel (including our subcontractors).
You may vary the permissions of who may access your User Material using the tools available on the Portal. You are solely responsible for managing and updating the permissions you give in respect of the User Material. Without limiting the foregoing, you acknowledge and agree that: (a) by accepting a view request, you are allowing permission for a contact to view their depreciation schedule and any public files; (b) if you accept access to a profile, you are disclosing your details to the profile owner; (c) the profile owner takes responsibility for the login of the profile and associated liability; (d) you are solely responsible for setting view permissions (eg private and public), and may permit your contacts to view or edit all details in the report available through the Online Services; (e) contacts added by you will be retained by us, and that we may use the personal information of such contacts for our business purposes (including marketing products such as tax depreciation, insurance and home sales that are provided or otherwise made available by us and our Affiliates) and the business purposes of our Affiliates; (f) any contacts that you have permitted to view the schedule may: (i) see “myTeam” and public files relating to the same schedule; and (ii) download the files associated with the schedule if you set the permission on those files to be publicly accessible; (g) if you are a Client, you are solely responsible for: (i) notifying us of any changes in contacts or Accountant for a property; and (ii) changing the permission of any contacts you no longer wish to permit to view a schedule or the file; and (h) we may add and, where relevant, adjust information, permissions and passwords on your behalf (including your linked contacts).
You may upload User Material up to 50MB onto the Online Services. If you exceed this limit, you may request further storage from us. If we agree to increase your storage limit, we may charge you an amount for such additional storage, as advised by us at that time.
You must not link to or frame (or otherwise permit a person to so link to or frame) the Online Services without our prior express written permission.
The Online Services may display or feature third party advertising. We do not represent that it endorses or otherwise recommends the relevant advertisement, advertiser, or its products and services in so displaying or featuring the advertisement.
Without limiting the above, you may access and use third party content and materials through the Online Services. If so, then you must comply with any applicable third party terms.
Each party acknowledges and agrees that: (a) our Confidential Information includes: (i) all information provided by us to you under these Terms and Conditions; and (ii) our technical, operational, and commercial information in relation to the supply of the Online Services; and (b) your Confidential Information includes the User Material.
A party must not disclose the other party’s Confidential Information to any person except: (a) to its professional advisers and personnel (and in our case, our subcontractors) on a “need to know” basis, but only if those persons have agreed to keep the Confidential Information confidential in accordance with the terms of this Agreement; (b) with the other party’s prior written consent (which includes consent given via the Online Services or these Terms and Conditions), but only to the extent that such consent is given; (c) if required by law, or any regulatory authority or stock exchange, but only to the minimum extent required to satisfy the law or rules of the regulatory authority or stock exchange; or (d) if it is in the public domain, other than as a result of a breach of this Agreement by the Recipient.
You acknowledge that we may retain a copy of the User Materials and your Confidential Information even if you have cancelled your account or an Online Service and after the termination (for any reason) or expiry of these Terms and Conditions.
If you provide us with any feedback via the Online Services or in respect of the Online Services via the Website, you: (a) acknowledge and agree that that information will be treated as non-confidential; and (b) grant us a royalty-free, world-wide, perpetual, irrevocable and transferrable right: (i) to use, copy, publish, sell, lease, communicate, modify, create derivative works from and translate that feedback in any way; (ii) permit any person to assist us to do any of the things referred to in (i); and (c) sub-licence any of the rights granted to us under (i) and (ii) to any person.
Nothing in this Agreement operates to assign or otherwise transfer any right, interest or title in or to any intellectual property rights (including moral rights) of a party, except as expressly stated.
You grant us a world-wide, royalty-free, perpetual, irrevocable, transferrable and non-exclusive licence to: (a) use, reproduce, modify, adapt, communicate, display, perform, store and distribute the User Material for the purposes of performing our obligations under these Terms and Conditions or otherwise in connection with our business purposes; (b) without limiting (a), creating statistics, databases and compilations for use by us and third parties; (c) permit any person to assist us to do any of the things referred to in (a); and (d) sub-licence any of the rights granted to us under (a) to (c) to any person.
As between you and us: (a) you own the User Material; and (b) we own all material that is created by us or our service providers in connection with these Terms and Conditions and otherwise in connection with the Online Services immediately upon creation (or part creation).
The Online Services and Content contains our or a third party’s trade marks, logos, service names and trade names, which may be registered or otherwise protected by law. You must not use any such trade marks, logos, service names or trade names without our prior written permission.
You agree to pay the fees and charges specified on the Website or otherwise notified to you for the Online Services and associated products and services (Fees). The parties agree that Fees may be varied by us depending on the circumstances of the property and the information available. In addition, you agree that we may charge you an additional fee (which we will notify to you at the relevant time) to update a completed schedule.
Unless otherwise specified, you must pay all undisputed Fees within 7 days of our invoice. All Fees paid by you are non-refundable, except as required by law. If you fail to pay undisputed Fees by the required time, we may: (a) suspend your access to the relevant Online Service or Content; and (b) engage a third party collection agency to recover the outstanding Fees.
If you dispute an invoice, then you must notify us within 7 days of receiving the invoice. You must pay the undisputed portion of the invoice by the relevant due date, and the remaining portion (if any) promptly after you and us have resolved any dispute in respect of the Fees (and in any event within 7 days of such resolution).
Unless otherwise specified, the Fees do not include taxes. If GST is imposed on any taxable supply by a party in connection with these Terms and Conditions and the consideration payable is not expressed to be inclusive of GST, then the party liable to pay for the taxable supply must pay an additional amount on demand calculated by multiplying the value of the GST-exclusive consideration payable (without deduction or set-off) by the then current GST rate.
We will, in providing an Online Service: (a) provide that Online Service with due care and skill, but do not guarantee that the service (or any part of it) will be accurate, complete, fault free or operate continuously; and (b) use suitably qualified personnel. BMT makes no warranty or representation in relation to the availability of the Online Services.
Without limiting the foregoing, you acknowledge and agree that the Online Services and Content is provided “as is” and “as available” and, to the maximum extent permitted by law, without any warranty of any kind, express or implied, except that the Australian Consumer Law applies if you are a “consumer”.
To the maximum extent permitted by law, we exclude all other warranties, rights, remedies and liability to you or a third party in relation to the Online Services and the Content.
You release and agree to indemnify and hold harmless us, our licensors and suppliers from any and all claims, demands, liabilities, losses and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential, including any personal injury, lost profits, business interruption, loss of programs or other data or otherwise), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of: (a) any unlawful, negligent or wilful act or omission by you; and (b) any breach of these Terms and Conditions by you.
This provision applies if you are a “consumer” for the purposes of the Australian Consumer Law.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent we are able to limit our liability for a failure to comply with the consumer guarantees under the Australian Consumer Law, we limit our liability, at our option to: (i) in the case of services, re-supplying or paying the cost of re-supplying the services; and (ii) in the case of goods, repairing, replacing or paying the cost of repairing or replacing the goods.
The Online Services and Content has been prepared without taking into account the objectives, financial situation or needs of any particular individual. For this reason any individual should, before acting or relying on the Content, consider the appropriateness of the Content, having regard to the individual’s objectives, financial situation and needs and seek appropriate legal, accountancy or financial advice, as appropriate.
Unless expressly stated otherwise, the Content and Online Services are directed at and provided to persons within Australia only.
At any time and without notice to you, we may limit, suspend or terminate an Online Service and/or the Terms and Conditions (or any part of them) if, in our reasonable opinion: (a) there is an emergency; (b) the supply by us or use by you of the Online Services (or any part of it) is, or will be, unlawful; (c) the Online Services or its provision may cause death, personal injury or damage to property.
By notice to you, we may (without any liability) immediately limit, suspend or terminate an Online Service and/or the Terms and Conditions (or any part of them): (a) if you fail to pay us the Fees on time; or (b) if you are, or we reasonably believe that you are or will become, insolvent.
You may terminate your access to the Online Services at any time.
On termination (for any reason) or expiry of the Online Services or these Terms and Conditions you must: (a) immediately cease using the Online Services; and (b) pay all outstanding Fees and other amounts to us and any other Fees and amounts accrued by you up to the effective date of termination. Termination of the Online Services or these Terms and Conditions will not prejudice any rights or liabilities of a party accrued prior to the effective date of termination. The parties agree that any provision of these Terms and Conditions which by its nature is intended to survive the termination of the Online Services or these Terms and Conditions, survives termination of the Online Services and these Terms and Conditions.
We may subcontract the performance of whole or any part of our obligations under these Terms and Conditions. We may also perform all or any part of the Online Services and/or our other obligations under these Terms and Conditions outside Australia.
If an event beyond a party’s reasonable control (Force Majeure Event) causes that party to be unable to perform or be delayed in performing an obligation under these Terms and Conditions (other than, in your case, an obligation to pay the Fees), that obligation is suspended for so long as it is prevented or delayed by the Force Majeure Event.
If we are required to give you a notice in writing under these Terms and Conditions, we may give this to you by: (a) posting the notice on our Website or via the Online Services; (b) emailing the notice to the email address last provided to us by you; or (c) posting the notice to the postal or other street address last provided to us by you.
We may update or change these Terms and Conditions at any time with or without notice. If you continue to access or use the Online Services after we update or change these Terms and Conditions, then you will be taken to have agreed to these Terms and Conditions as updated or changed. Since you are bound by these Terms and Conditions, you should periodically check these Terms and Conditions.
We will not be considered to have waived a right or remedy under these Terms and Conditions unless we have done so in writing. If we delay or fail to enforce a right or remedy under these Terms and Conditions, then you agree that we are not prohibited from enforcing that right or remedy at a later date.
To the extent that any part of these Terms and Conditions is illegal, invalid, void, voidable or unenforceable, then it shall be severed from these Terms and Conditions and the remaining parts of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions are governed by the laws applicable in New South Wales, Australia, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in New South Wales, and any courts competent to hear appeals from those courts, in relation to any dispute arising out of the Online Services.
These Terms and Conditions constitute the entire agreement between you and us about their subject matter.
In these Terms and Conditions: (a) a reference to these Terms and Conditions includes all parts, and includes any amendment to or replacement of them; (b) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (c) a reference to a party includes a reference to the party's executors, administrators, successors and assigns; (d) the singular includes the plural, and vice versa; (e) "includes", "including", "for example", "such as" and similar terms are not words of limitation.
Capitalised terms used in these Terms and Conditions have the meaning given to them in these Terms and Conditions (including this provision).
Affiliate means, in respect of us, any entity over which we have direct or indirect Control.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Commencement Date means the date of these Terms and Conditions, which may be the date on which you click “agree”.
Confidential Information means: (a) all confidential, non-public or proprietary information, regardless of how the information is stored or delivered, exchanged between the parties or their representatives (or in our case, provided by us, our Related Bodies Corporate, our Affiliates, and any entity owned by us, and in your case provided by your Related Bodies Corporate) before, on or after the Commencement Date relating to the business, technology or other affairs of the discloser of the information; and (b) in our case, all information disclosed by a third party which we are required to keep confidential; but does not include information: (c) that is or becomes part of the public domain other than through breach of this Agreement or an obligation of confidence owed to the Discloser; (d) which the Recipient can prove by contemporaneous written documentation was: (e) already known to it at the time of disclosure by the Discloser (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or (f) independently developed by the Recipient without reference to the Confidential Information of the Discloser; or (g) which the Recipient acquires from a source other than the Discloser or any of its representatives where such source is entitled to disclose it on a non-confidential basis.
Control of a person, means the ability (whether it is legally enforceable or not) to control, whether directly or indirectly, the composition of the board of directors (or other governing body) of that person, the voting rights of the majority of voting securities of that person, or the management of the affairs of that person.
Discloser means the party disclosing Confidential Information.
Recipient means the party receiving Confidential Information.
Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
16 March 2017