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TERMS & CONDITIONS OF USE

1. About the Website

(a) Welcome to www.taxtallee.com.au (Website). The Website allows you to access and use the Taxtallee (Services).

(b) The Website is operated by Taxtallee Pty Ltd, ACN/ABN 689 316 916. Access to and use of the Website, or any of its associated products or Services, is provided by Taxtallee Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Taxtallee Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Terms are updated, Taxtallee Pty Ltd will use reasonable endeavours - meaning commercially practical steps under the circumstances - to notify you of any material changes. This may include sending notice via the email address associated with your account and/or posting a notice on the Taxtallee website. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by signing up for the service and/or remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

(a) Taxtallee offers an online portfolio tracking and performance reporting platform. The service allows users to track investment holdings, view performance metrics, and generate reports.

(b) "Free", "Premium" and "Lifetime" Subscription Plans are currently offered. You acknowledge and agree that the Subscription Plans offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

(c) For "Lifetime" Access Subscription Plans, users are guaranteed perpetual access to all features that were available at the time of purchase. While we continuously develop and enhance our platform with new features, Taxtallee Pty Ltd reserves the right to limit Lifetime Access members' availability to new features introduced after their purchase date. Such new features may be made available to Lifetime Access members at our discretion or through separate purchase arrangements.

(d) While our website and marketing materials may describe or advertise upcoming features and improvements, these are provided for informational purposes only. Taxtallee Pty Ltd does not guarantee any specific timeline for the release of new features. The implementation and release of any new features are subject to our internal quality control processes, technical considerations, and other factors. We reserve the right to modify, delay, or cancel the development of any advertised features at our sole discretion.

(e) Some accounts may be governed by a separate Software Licensing Agreement with Taxtallee Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

(f) We aim to keep the Service available most of the time; however, it may occasionally be interrupted due to maintenance or issues beyond our control, such as outages from third- party service providers. In the event of a planned outage, we will make reasonable efforts to notify users in advance by publishing relevant details on our website.

(g) The Service may also be affected by limitations, delays, and other issues inherent to the use of the internet and electronic communications. TaxTallee is not liable for any delays, delivery failures, service interruptions, or other damages arising from such problems.

4. Acceptable use of the Service

(a) Taxtallee, its related features, and website must only be used lawfully. Taxtallee Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

  • (i) To engage in any act that would disrupt the access, availability, and security of Taxtallee and other Taxtallee Pty Ltd services, including but not limited to:
    • (A) Tampering with, reverse-engineering, or hacking our servers.
    • (B) Modifying, disabling, or compromising the performance Taxtallee or other Taxtallee Pty Ltd services.
    • (C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
    • (D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Taxtallee Pty Ltd.
    • (E) Attempting to access any unauthorized information, compromise the security, integrity, or functionality of the platform.
    • (F) Misusing Taxtallee in any manner that could negatively affect its performance or operation.
  • (b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
  • (c) To stalk, harass or threaten users and any member of the public.
  • (d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Taxtallee Pty Ltd or any third party
  • (e) To access or search any part of the Service, or any other Service owned by Taxtallee Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
  • (f) To post, upload, share, or otherwise circulate content in violation of Taxtallee’s content policy
  • (g) To use the Service in any way that violates the intellectual property rights of or any third party, including but not limited to copying, modifying, or distributing any content without proper authorization.
  • (h) You may only maintain one account with Taxtallee. Multiple accounts for a single user are not permitted.
  • (i) You may only access Taxtallee to manage your own portfolios or those you are explicitly authorized to access.
  • (j) You acknowledge that you are solely responsible for the accuracy and completeness of any data you input into Taxtallee. You are also fully responsible for all activities conducted through your account. This includes reviewing and verifying any outputs, results, or analyses generated by the platform before relying on them for any purpose.
  • (k) You shall make reasonable efforts to identify and troubleshoot technical issues before reaching out to us. If further assistance is needed, please refer to the support resources available on our website or contact Taxtallee customer support, provided this service is included in your Subscription Plan.
  • (l) You agree to not send any files that could harm any other party's devices or software and never transmit content that can be considered offensive, or violate any applicable laws or regulations.
  • (m) You agree to not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on any of the trademarks, service marks or trade names without prior written consent.
  • (n) You agree to not attempt to extract, copy, scrape, or harvest any source code, algorithms, databases, or other proprietary information from the Website, or assist any third party in doing so.

5. Security and Data Privacy

Taxtallee Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Taxtallee Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Taxtallee Pty Ltd’s processes, policies, and obligations in respect of Taxtallee security breaches.

Taxtallee implements industry-standard security measures to protect your data, including encryption, regular security audits, and restricted access controls. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Users maintain control over their personal data and may request deletion of their information through termination of your account in accordance with clause 14. In the event of a security breach, Taxtallee Pty Ltd will notify affected users within 30 business days and take immediate remedial action in accordance with our incident response protocol and applicable data protection laws.

6. Data Use

Taxtallee Pty Ltd collects, stores, and processes your data on Taxtallee. The data is used to provide Services to you, as well as to facilitate Taxtallee Pty Ltd’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Taxtallee Pty Ltd. The Privacy Policy also addresses Taxtallee Pty Ltd's processes, policies, and obligations in respect of data encryption and removal requests.

7. Subscription to use the Service

(a) In order to access the Services, you must first purchase a subscription through the Website (Subscription Plan) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription Plan, you will be considered a member (‘Member’).

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to email address, name, IP address, device/browser metadata, login timestamps, trade history, any uploaded documents/imported data.

(e) You warrant that all information provided to Taxtallee Pty Ltd during the registration process, and at any time thereafter, is true, accurate, complete, and up to date. You agree to promptly update your information within 7 days of any change to ensure its continued accuracy. Taxtallee Pty Ltd reserves the right to suspend or terminate your access to the Services if any information provided is found to be false, misleading, or outdated.

(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

(g) You may not use the Services and may not accept the Terms if:

  • (i) you are not of legal age to form a binding contract with Taxtallee Pty Ltd; or
  • (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services
  • (iii) you lack the legal capacity to enter into contracts and to agree these terms under the laws of your jurisdiction; or

8. Payments

(a) If your chosen Subscription Plan requires payment, you agree to pay the applicable monthly or annual Subscription Fee at the time you subscribe to Taxtallee. If your Subscription Plan does not include a Subscription Fee, the following payment-related clauses do not apply to your plan.

(b) You authorize us to invoice and collect advance payment for Subscription Fees on a monthly or annual basis, and this will continue until your Taxtallee account is terminated, you stop using Taxtallee, or you switch to a free Subscription Plan.

(c) Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

(d) Payments made in the course of your use of Taxtallee may be made using third-party applications and services not owned, operated, or otherwise controlled by Taxtallee Pty Ltd. You acknowledge and agree that Taxtallee Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Taxtallee services.

(e) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(f) You agree and acknowledge that Taxtallee Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

(g) You are prohibited from making or attempting to make payment of the Subscription Fee through any fraudulent, deceptive, or unlawful means, including but not limited to stolen payment methods, unauthorized credit cards, or any other illegitimate payment mechanisms.

(h) A change to your Subscription Plan may result in the loss of content, features, or service capacity available to you through Taxtallee. To the maximum extent permitted by law, we disclaim all liability for any loss or damage, whether direct or indirect, arising from or in connection with such changes.

9. Refund Policy

(a) Taxtallee Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.

(b) If you choose to downgrade or terminate your Subscription Plan, you will not be entitled to any refunds or credits for your paid Subscription Fee. For subscription downgrades, the revised Subscription Fee for your new plan will take effect at the start of the next billing cycle (monthly or annual, as applicable) following your downgrade request.

(c) Taxtallee Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Taxtallee Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

(d) For Lifetime Access accounts requesting a refund, the refund amount will be calculated as follows:

  • (i) The period of usage will be calculated from the date of purchase to the date of the refund request;
  • (ii) The used portion will be charged at the equivalent monthly rate of our standard subscription plan in effect at the time of the refund request, multiplied by the number of months of usage;
  • (iii) The refund amount will be the difference between the original Lifetime Access purchase price and the calculated used portion;
  • (iv) Taxtallee Pty Ltd reserves the right to deduct any applicable administrative or processing fees from the final refund amount.

10. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Taxtallee Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Taxtallee Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Taxtallee Pty Ltd, who grants to you a non-exclusive, non-transferable, and non- sublicensable, revocable licence to use the Software, solely for your personal, non- commercial use, to:

  • (i) use the Website pursuant to the Terms;
  • (ii) access to the Software only through a web browser interface
  • (iii) unless otherwise stated, you may access, view, copy, print, or temporarily store text-based content made available by us on Taxtallee for your personal use only. Any copyright notices included with the content must be retained and displayed on all copies.

(c) Taxtallee Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Taxtallee Pty Ltd.

(d) Taxtallee Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • (i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • (ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • (iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(e) You may not, without the prior written permission of Taxtallee Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

(f) Any violation of Taxtallee Pty Ltd's intellectual property rights may result in immediate termination of your access to the Services, and Taxtallee Pty Ltd reserves the right to pursue all available legal remedies, including but not limited to: seeking injunctive relief, claiming monetary damages, and recovering reasonable legal costs incurred in enforcing these rights. You acknowledge that any unauthorized use, reproduction, or distribution of the Services may result in irreparable harm to Taxtallee Pty Ltd, for which monetary damages would be inadequate compensation.

(g) You agree to indemnify, defend, and hold harmless, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Account.

11. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

  • (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;
  • (ii) Taxtallee Pty Ltd excludes liability for the following types of loss, even if such loss was reasonably foreseeable:
    • (A) loss of revenue, actual or anticipated profits, contracts, business, goodwill, or anticipated savings;
    • (B) loss or corruption of data or recovery of data;
    • (C) loss of use or availability of the Services;
    • (D) business interruption or lost business opportunity;
    • (E) any indirect, special, incidental, punitive, or consequential damages; and
    • (F) any losses arising from third party claims.
  • (iii) Where liability cannot be excluded, Taxtallee Pty Ltd's maximum aggregate liability for any loss or damage, however arising, shall not exceed the total amount paid by you for the Services in the 12 months preceding the event giving rise to the claim.
  • (iv) Nothing in these Terms excludes liability for:
    • (A) death or personal injury caused by negligence;
    • (B) fraud or fraudulent misrepresentation;
    • (C) breach of consumer guarantees under the Australian Consumer Law; or (iv) any other liability that cannot be excluded by law.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind - We do not guarantee that Taxtallee will function without interruptions or be free from errors. We are not liable for any outcomes resulting from actions taken based on your use of Taxtallee. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Taxtallee Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Taxtallee Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • (ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  • (iii) costs incurred as a result of you using the Website, the Services or any of the products of Taxtallee Pty Ltd; and
  • (iv) the Services or operation in respect to links which are provided for your convenience.

12. Limitation of Liability

(a) Taxtallee Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Taxtallee Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13. Financial and Tax Disclaimer

(a) Taxtallee is not a financial product advisory service and does not provide financial product advice. All information available through Taxtallee is purely numerical in nature and is based on a combination of publicly available data, user-provided inputs, and other accessible data sources. Any reports or outputs generated by Taxtallee are the result of our internal performance methodologies and standard calculation practices. This information does not constitute financial advice, recommendations, or professional opinions. It should not be relied upon for making investment decisions. We strongly recommend that you obtain independent financial advice before making any financial or investment-related decisions.

(b) While Taxtallee may assist with calculating certain tax-related figures, it does not provide tax advice and should not be relied upon as such. Taxtallee is not a registered tax agent. You are encouraged to consult a qualified tax advisor to obtain tax advice relevant to your individual circumstances. You remain solely responsible for ensuring your compliance with all applicable tax, accounting, and legal obligations. It is your responsibility to ensure that any data entered into Taxtallee, and the manner in which it is stored or accessed, complies with the laws and regulations applicable to you.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Taxtallee Pty Ltd as set out below.

(b) If you want to terminate the Terms, you may do so by:

  • (i) not renewing the Subscription prior to the end of the Subscription Period;
  • (ii) providing Taxtallee Pty Ltd with 14 days’ notice of your intention to terminate; and
  • (iii) closing your accounts for all of the services which you use, where Taxtallee Pty Ltd has made this option available to you.

(c) Any notices pursuant to Clause 14.2 above should be sent, in writing, to Taxtallee Pty Ltd via the 'Contact Us' link on our homepage.

(d) Taxtallee Pty Ltd may at any time, terminate the Terms with you if:

  • (i) you do not renew the Subscription at the end of the Subscription Period;
  • (ii) you have breached any provision of the Terms or intend to breach any provision;
  • (iii) Taxtallee Pty Ltd is required to do so by law;
  • (iv) the provision of the Services to you by Taxtallee Pty Ltd is, in the opinion of Taxtallee Pty Ltd, no longer commercially viable.

(e) Subject to local applicable laws, Taxtallee Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Taxtallee Pty Ltd's name or reputation or violates the rights of those of another party.

15. Indemnity

You agree to indemnify Taxtallee Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
  • (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • (c) any breach of the Terms.

16. Dispute Resolution

16.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

16.2. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

16.3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  • (a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • (b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute;
  • (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • (d) The mediation will be held in Sydney, Australia.

16.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

16.5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

The Services offered by Taxtallee Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

18. Governing Law

The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.