In consideration of your access to and use of AutoPay, you agree to be bound by and abide by these Terms.
The SRO collects personal information that you provide to it through AutoPay in order to administer access to and operate AutoPay, and otherwise carry out SRO functions and responsibilities under applicable law.
If you do not provide the information required, you may not be able to access or use AutoPay.
The SRO will only use this personal information, or disclose it to another organisation or government agency (such as the Australian Taxation Office, state or territory revenue offices, or a law enforcement agency), for a different purpose, if you consent to that other purpose, or if that other purpose is required, permitted or authorised by or under law.
1. About AutoPay
1.1 AutoPay enables you to manage the payment of your assessment, by providing an online platform where you can:
- Set up an instalment schedule and specify the frequency at which your instalments will be paid,
- select your preferred payment method (for example, direct debit or credit card), and
- your direct debit or credit account details, and
- your contact information, including details to enable you to receive electronic reminders and other correspondence from the SRO in relation to your instalment schedule.
2.1 You acknowledge and agree that:
- once you have established an instalment schedule on AutoPay, the scheduled instalment amounts will be debited from your account until such time as:
- the instalment schedule is completed or cancelled, or
- the relevant assessment is withdrawn,
- you are responsible for:
- ensuring that there are sufficient funds in your account (or, in the case of a credit card account, sufficient credit) to pay each instalment in full as and when due, and
- maintaining accurate account and contact details during the term of the instalment schedule (including by updating those details on AutoPay where necessary),
- if you wish to change any of your account or other details after you have established an instalment schedule, or wish to alter the instalment schedule, you must do so one business day prior to the scheduled payment date or as specified on the AutoPay website,
- any overpayment(s) that you make (for example, as a result of additional payments made by you) will not be automatically refunded to you, and you must contact the SRO about any such overpayment(s) (at the contact details set out in section 14 below).
2.2 Your instalment schedule will be cancelled immediately in the following circumstances:
- a scheduled instalment amount is not received in full by the SRO for any reason when that instalment amount is due to be received (for example, the account or credit card that you have nominated to be debited for the purposes of AutoPay has been closed or there are insufficient funds in the relevant account or insufficient credit on the relevant credit card), or
- your assessment has been withdrawn due to a change in, or the removal of, your liability.
2.3 You will be notified via email if your instalment schedule has been cancelled (in general, within 24 hours of such cancellation).
2.4 If your instalment schedule is cancelled:
- in the circumstances referred to in paragraphs 2.2(1), you may be liable to pay the full outstanding amount of your assessment upon receipt of the notice referred to in paragraph 2.3,
- in the circumstance referred to in paragraph 2.2(2), you may need to establish a new instalment schedule.
3. Access credentials
3.1 You may be granted access to AutoPay by entering the customer and assessment IDs that are set out in your assessment notice (your access credentials). However, AutoPay will not be available to all taxpayers and you will be advised if you are not eligible to use AutoPay when you enter your access credentials.
3.2 You must:
- keep your access credentials secure at all times,
- disclose your access credentials to any other person (other than where you have appointed that other person to be your agent or adviser in relation to your tax affairs, as contemplated in section 5 below), and
- use (or permit another person to use) access credentials that you are aware have been revoked by the SRO or other relevant issuing authority, and
- promptly notify the SRO (at the contact details set out in section 14 below) if you become aware, or suspect, that your access credentials have been compromised.
4. General restrictions on use
4.1 You must only use AutoPay in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not:
- use AutoPay (or any services provided or made available through AutoPay) for any purpose other than as permitted by these Terms,
- interfere with or disrupt AutoPay or the servers and networks that host AutoPay,
- circumvent, disable or otherwise interfere with any security-related features of AutoPay,
- remove or tamper with any copyright notices on AutoPay,
- disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from AutoPay (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth)),
- copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from AutoPay, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content, or
- incorporate AutoPay in any product to be made available commercially (unless we expressly agree otherwise with you).
4.2 You must not directly or indirectly introduce or permit the introduction of any virus, worm, trojan or other malicious code into AutoPay, or in any other manner whatsoever corrupt, degrade or disrupt AutoPay.
5. Acting for another person
5.1 If you use AutoPay to access information relating to, or to perform a transaction for, another person:
- you must be currently appointed by that other person to access that information or perform that transaction on their behalf, and that appointment must not have been revoked,
- if that appointment is based on you:
- holding a certain position (for example, as that other person’s employee or agent for tax purposes), you must currently hold that position, and
- holding a certain qualification (for example, as a registered tax agent or a solicitor), you must currently hold that qualification and that qualification must not be suspended or cancelled, and
- you will be bound by, and must abide by, these Terms as if you were the relevant taxpayer (other than in respect of liability to pay instalment amounts, which remains with the taxpayer).
5.2 All information about individuals and entities that is provided or made available to you through AutoPay is confidential. You must:
- maintain the confidentiality and security of that data, and
- prevent the disclosure of that data to any person who is not authorised to have access to that data.
6. Links to other sites
We may, from time to time, publish links to other third party sites on AutoPay. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
7. Intellectual property rights
7.1 We own or are the licensee of all intellectual property rights, including copyright, trade marks and any other information, design, text, graphics, materials, images, 'look and feel' and all software and source code (Intellectual Property Rights) connected with AutoPay.
7.2 We grant you a non-exclusive, revocable, non-transferable licence to use the Intellectual Property Rights solely to access and use AutoPay. All trade marks appearing on AutoPay belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
8.1 AutoPay, and all content and/or services provided or made available through AutoPay, are made available to you on an 'as is' and 'as available' basis.
8.2 You acknowledge and agree that to the extent possible under the law, and subject to section 10, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of AutoPay. We will not be liable if AutoPay (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if AutoPay (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:
- telecommunications unavailability, interruption, delay, bottleneck, failure or fault,
- negligent, malicious or wilful acts or omissions of third parties (including our third party service providers),
- maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of AutoPay,
- any events beyond our control, or
- services provided by third parties ceasing or becoming unavailable.
8.3 You also acknowledge and agree that to the extent possible under the law, and subject to section 10, we do not represent, warrant or guarantee that AutoPay is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security measures and system checks, including (for example) by:
- ensuring that your operating system and software (including web browser) is kept up to date with the latest security updates and patches,
- ensuring that industry standard anti-virus and intrusion detection software is installed and up to date and that it is configured to scan inbound and outbound emails and files,
- avoiding opening hyperlinks or attachments, or running or installing programs or software, received from suspicious or unknown sources,
- maintaining appropriate security of your access credentials, and
- if you are using a public or shared computer, ensuring that you log out properly and close the browser software when you have finished your session.
9.1 You indemnify us (and our employees, officers and agents) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:
- a breach by you of these Terms,
- any negligent, wilfully wrong, unlawful or fraudulent act, error or omission by you,
- any use of your access credentials by any person you have appointed to be your agent or adviser in relation to your tax affairs (as contemplated in section 5 above), or
- any claim by a third party against us relating to:
- your use of AutoPay (or use by any person who accesses AutoPay using your access credentials), or
- any information that you provide to us via AutoPay.
9.2 Your liability to us will be reduced to the extent that any negligent, wilfully wrong or unlawful act or omission by us has contributed to the relevant Damages.
10. Consumer guarantees
10.1 To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again, and
- in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, and except in the case of a major failure (as that term is defined in the Australian Consumer Law), the SRO can elect as between the remedies set out in paragraphs (a) and (b) above.
11. Exclusion of liability
Subject to section 10 and to the extent permitted by law, the SRO excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
- in connection with or in any way relating to AutoPay or any services provided or made available through AutoPay, including:
- in connection with any disruption to or unavailability or failure of AutoPay or interference with or damage to computer systems or other electronic devices,
- in connection with errors, omissions or inaccuracies contained in any information published on or made available via AutoPay, or
- as a result of any act committed by another person in connection with your use of AutoPay or any services provided or made available through AutoPay,
- arising from any circumstance beyond our control, and
- otherwise under or in connection with these Terms.
12. Variation, suspension and termination
- change all or part of AutoPay (including the availability of any features or services) or suspend access to AutoPay at any time for any reason, without having to give you notice,
- impose limits on certain features or restrict your access to all or part of AutoPay, without having to give you notice,
- terminate or limit your access to and use of AutoPay without cause by giving you 14 days prior written notice,
- amend the time periods during which transmissions using AutoPay can occur, and
- monitor and review the activities of users of AutoPay to ensure compliance with these Terms.
13.1 By using AutoPay, you agree to receive electronic communications from the SRO in relation to your instalment schedule. All communications will be sent by the SRO to the most recent contact details you have entered into AutoPay. You acknowledge that:
- amendments to your details on AutoPay may require 24 hours to take effect, and
- any such amendments made within 24 hours of a scheduled SRO communication may result in the communication being delivered to an out-of-date email address or not being delivered at all (and the SRO will not be liable to you for any loss or damage should this occur).
13.2 We may change these Terms from time to time. If we reasonably consider that the change is likely to:
- benefit you or have a neutral or minor detrimental impact on you, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on the AutoPay website, or
- have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 days after we have notified you by email (to the email address provided when you establish your instalment payments, as may be subsequently amended by you).
Your continued use of AutoPay following such publication or notification (as the case may be) will represent an agreement by you to be bound by and abide by the terms and conditions (as amended). If you do not accept a change made by us to these Terms, you must immediately cease using AutoPay.
13.3 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
13.4 If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
13.5 These Terms will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.
13.6 These Terms are the entire agreement between us on its subject matter and supersede any previous schedules, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).
13.7 The information provided to you via AutoPay, or on the AutoPay website, is for general guidance only. It is not and should not be regarded as any form of professional advice, nor be relied upon as such. You are encouraged to seek your own professional advice to find out how the information provided to you via AutoPay or on the AutoPay website, as amended from time to time, applies to your particular circumstances.
14. Contacting us
If you are having difficulties accessing AutoPay, have a query, or would like to lodge a complaint, please contact us.
We take your feedback seriously and will promptly investigate and respond to all genuine complaints.