Welcome to Lodge Pro! We provide an online tax lodgement service (Services), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean LODGEPRO PTY LTD (ACN 673 420 123).

These terms and conditions (Terms) form our contract with you and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on the Site) which sets out how we will handle your personal information;
clause 1.8 (Variations) which sets out how we may amend these Terms; and
clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to them until they are terminated in accordance with these Terms (Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.

1.3 If we require access to your premises or computer systems to provide the Services, you agree to grant such access, ensuring it is free from risks to the safety of our employees and contractors.

1.4 Where the Services include an application programming interface (API), you agree to use the API solely in accordance with the documentation we provide through our Site or other means.

1.5 We will not be responsible for any services beyond those expressly detailed in these Terms or on our Site.

1.6 If we provide access to new or beta services, you acknowledge that due to their developmental nature, you use them at your own risk. We are not obligated to maintain or correct errors in such services. These new or beta services are provided for evaluation purposes only and not for production use, and we may discontinue them at our sole discretion.

1.7 If you engage third parties to operate alongside the Services (e.g., third-party software integrations), such third parties are independent of us. You are responsible for their goods or services unless we expressly agree otherwise.

1.8 We may amend these Terms at any time by providing written notice. By clicking “I accept” or continuing to use the Services after the notice or after 30 days (whichever is earlier), you agree to the amended Terms. If you do not agree to the amendments, you must cease using the Services.

2. Authority

2.1 This Authority extends to all areas agreed between you and us which we are permitted to undertake by Law, including but not limited to:

(a) adding you to our client list with the Australian Tax Office (ATO) ECI lodgement facility;
(b) adding you to our client list on the ATO tax agent view of the portal;
(c) adding you to our clients list on Standard Business Reporting (SBR) enabled software;
(d) representing you in your dealings with the commissioner in relation to a tax provision;
(e) preparing and lodging tax returns and statements; and
(f) having access to activity statements, tax returns, and related information that may be provided.

2.2 By accepting these Terms, you confirm you have the authority to contract on behalf of the party accepting these Terms. (Please note this form is for your records only and is not required to be lodged with the ATO. This Authority does not cover any other type of lodgement authorisation.)

2.3 Lodgement Confirmation: A lodgement is not considered submitted to the ATO until you receive written or electronic confirmation from us. This confirmation will be sent to your registered email address or displayed in your Account. You are responsible for ensuring your registered email address is current and for regularly checking your Account for such confirmations.

3. Account

3.1 You must sign up for an Account in order to access and use the Services.

3.2 While you have an Account with us, you agree to:

(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

3.3 If you close your Account, you will lose access to the Services.

4. Fees

4.1 You may choose to purchase Services from us, as set out on our Site (Paid Services). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

4.2 Details of our Paid Services, including features, limitations, and fees, are set out on our Site. All Paid Services must be paid for at the time you order the Service.

4.3 Our payment methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

4.4 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

4.5 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

(a) suspend your access to the Services; and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.

4.6 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes, or withholding taxes (unless we are required by law to collect these on your behalf).

5. Professional Standards

5.1 We will provide the Services in accordance with all applicable professional and ethical standards issued by the Accounting Professional and Ethical Standards Board (APESB), including the APES Standard 110 Code of Ethics (Code).

5.2 We participate in the CPA Australia Ltd Professional Standards Scheme (Scheme), which facilitates the improvement of professional standards to protect consumers and which may limit our Liability to you in a cause of action.

5.3 The Scheme applies to professional accounting services including accounting, bookkeeping, taxation, auditing and assurance, insolvency and corporate reconstruction, management accounting, management consulting, forensic accounting and valuation services.

5.4 For more information about the Scheme, refer to https://www.cpaaustralia.com.au/about-us/consumer-information or https://www.psc.gov.au/consumer-information.

Professional Indemnity Insurance

5.5 We have effected and maintain professional indemnity insurance of at least the minimum amount prescribed by Law.

5.6 Our professional indemnity insurance level of cover at the date of these Terms is $2M.

Tax Agent Obligations

5.7 Since 1 March 2010, tax practitioners have been regulated in accordance with the requirements of the Tax Agent Services Act 2009 (TASA) and the accompanying regulations. The TASA regime has implications for registered tax agents and also for their clients.

5.8 An important feature of TASA is the provision of a "safe harbour" protection from penalties in certain circumstances for taxpayers who engage registered tax agents.

5.9 To obtain the benefits of safe harbour protection, the legislation requires you to provide us with "all relevant taxation information" to enable accurate statements to be provided to the ATO.

5.10 We may become ethically required to disclose non-compliance with Laws or regulations to a regulatory authority if the non-compliance has a material effect on the work that we perform under this engagement.

5.11 In fulfillment of our obligations as a registered tax agent and as an active and registered member in practice, we will operate in accordance with:

(a) the Tax Agent Services Instrument 2016 under the Tax Agent Services Act 2009;
(b) the Tax Practitioners Board Code of Professional Conduct;
(c) the Institute of Certified Bookkeepers Professional and Ethical Standards;
(d) the Certified Practicing Accountants Professional and Ethical Standards; and
(e) Australian Government Standard Business Reporting.

5.12 We will advise you of your rights and obligations under the taxation Laws in relation to the Services we provide to you.

5.13 We have a duty to act in your best interests, except where this duty is inconsistent with our other duty to act in the public interest.

5.14 We are required to comply with the fundamental principles set out in the Code, with respect to integrity, objectivity, professional competence and due care, confidentiality, professional behaviour, and identifying, avoiding and dealing with conflicts of interests.

5.15 We are responsible for maintaining records of the Services for a period of 5 years, unless otherwise required by Law.

5.16 As part of our professional obligations as members of the Tax Practitioners Board (TPB), we may request information from you to conduct a "Proof of Identity" check. You agree to comply with this process and warrant that you will supply all necessary information and that the information will be true, complete, and correct.

6. Licence

6.1 During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.

6.2 When you purchase our Paid Services, we grant you the right to access the purchased Service until the earlier of the specified duration of access, the termination of these Terms, or your cancellation of the specific Service. These rights cannot be passed on or transferred to any other person.

6.3 You must not:

(a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
(c) introduce any viruses or other malicious software code into the Services;
(d) use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
(h) access or use the Services to transmit, publish, or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing, or unwanted.

6.4 If the Services include API access, you may use any provided APIs in accordance with our API documentation and usage policies. You may make necessary modifications to facilitate such integration, provided that such modifications do not alter or compromise the core functionality or security of the Services.

7. Availability, Disruption and Downtime

7.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

7.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

7.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

8. Intellectual Property and Data

8.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs, and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright, or other ownership notice placed on the Services.

8.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

8.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third-party service providers) to:

(a) supply the Services to you, and otherwise perform our obligations under these Terms;
(b) diagnose problems with the Services;
(c) improve, develop and protect the Services;
(d) send you information we think may be of interest to you based on your marketing preferences;
(e) perform analytics for the purpose of remedying bugs or issues with the Services; or
(f) perform our obligations under these Terms (as reasonably required).

8.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

8.5 You are responsible for (meaning we are not liable for):

(a) the integrity of Your Data on your systems, networks, or any device controlled by you; and
(b) backing up Your Data.

8.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

8.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.

8.8 This clause 8 will survive the termination or expiry of these Terms.

9. Confidential Information and Personal Information

9.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means ensuring that any employees, contractors, professional advisors, or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

9.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

9.3 We collect, hold, disclose, and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

9.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

9.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

9.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

9.7 We may, on a confidential basis, provide your information:

(a) and records of the Services, to CPA Australia Ltd (if requested), for the purposes of conducting a quality review assessment aimed at maintaining high industry professional standards;
(b) to third parties where we consider it is appropriate for the proper conduct of your matter or to complete our personal identity check. This may include to our Personnel, and to other specialist providers in our network for the purposes of providing the Services and advice to you; and
(c) if you are entering into these Terms as trustee of a Self-Managed Super Fund (SMSF), to an SMSF auditor for the purpose of compliance with our professional and legal obligations.

Approved Data Recipient

9.8 We are an Approved Data Recipient under the Taxation Administration Act 1953 (Cth) and associated regulations. This status allows us to receive and handle certain types of data from the Australian Taxation Office (ATO) on your behalf.

9.9 As an Approved Data Recipient, we are bound by strict legal and ethical obligations regarding the handling, storage, and use of your data. We commit to:

(a) only accessing and using your data for the purposes of providing the Services;
(b) implementing and maintaining robust security measures to protect your data from unauthorised access, modification, or disclosure;
(c) storing your data in accordance with ATO requirements and applicable Laws;
(d) not disclosing your data to any third parties unless required by Law or with your express consent;
(e) promptly notifying you and the ATO of any data breaches that may affect your information;
(f) destroying or de-identifying your data when it is no longer required for the provision of the Services, in accordance with ATO guidelines and applicable Laws; and
(g) complying with all other obligations imposed on Approved Data Recipients by the ATO, the Tax Practitioners Board, and any other relevant regulatory bodies.

9.10 You acknowledge that our status as an Approved Data Recipient may allow us more efficient access to your tax-related information, potentially streamlining the provision of the Services. However, you retain the right to revoke our access to your data held by the ATO at any time by notifying the ATO directly.

9.11 We will provide you with further information about our data handling practices upon request, and we encourage you to ask any questions you may have about how we manage and protect your data.

9.12 This clause 9 will survive the termination or expiry of these Terms.

10. Consumer Law Rights

10.1 In some jurisdictions, you may have guarantees, rights, or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

10.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict, or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

10.3 This clause 10 will survive the termination or expiry of these Terms.

11. Liability

11.1 Our Liability is limited by a scheme approved under Professional Standards Legislation.

11.2 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from, or in connection with:

(a) your computing environment (for example, your hardware, software, information technology, and telecommunications services and systems); or
(b) any use of the Services by a person or entity other than you.

11.3 Regardless of whatever else is stated in these Terms, but subject to clause 11.1, to the maximum extent permitted by law:

(a) neither we nor you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(c) (where the Services are not ordinarily acquired for personal, domestic, or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(d) our aggregate Liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.

11.4 You acknowledge and agree that any information, advice, material, or work provided by us as part of the Services does not constitute financial advice.

11.5 This clause 11 will survive the termination or expiry of these Terms.

12. Suspension and Termination

Suspension

12.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter. If it cannot be resolved, we may terminate these Terms, and your access to the Services will end.

Termination

12.2 We may terminate these Terms (meaning you will lose access to the Services) if:

(a) you fail to pay your fees when they are due;
(b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied;
(d) we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
(e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

12.3 You may terminate these Terms if:

(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied.

12.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.10), and termination will take effect immediately.

12.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

12.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

12.7 This clause 12 will survive the termination or expiry of these Terms.

13. General

13.1 You acknowledge that if we provide access to artificial intelligence (AI) enhanced software or services, at your request, that the AI models utilised are:

(a) experimental and have known limitations and defects. It is known that AI models use autoregressive architecture, relying mainly on previous data values (without verifying the accuracy or veracity of that previous data) to predict current data values and that as a result, they may have unpredictable or inconsistent outputs;
(b) not created or provided by us – rather, they are provided by a cloud system provider or third-party software provider, and we are merely providing software or services necessary to integrate those AI models (by way of API) into our existing software or services, for you; and
(c) operating on systems which are physically located in the European Union or in the United States of America, and so involve the submission of your information to those locations.

13.2 You agree that you or your employees will:

(a) implement meaningful manual checks and oversight of any results produced by AI models, involving (in those checks and oversight) people who possess appropriate expertise to verify the accuracy of the output before placing reliance on those outputs;
(b) implement adequate technical limits on the use of results produced by AI models to mitigate the potential consequences of unpredictable, inaccurate, or inconsistent outcomes; and
(c) familiarise yourselves with and comply at all times with the terms & conditions, licence requirements, and code of conduct of each AI model provided (as may be updated from time to time by the provider).

14. General

14.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

14.2 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

14.3 Disputes: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity, or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

14.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.5 Governing Law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

14.6 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal, or otherwise non-compliant with these Terms.

14.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt out at any time by using the unsubscribe function in our electronic communications.

14.8 Money-Back Guarantee: If you are not satisfied with our Services, you may request a refund within 30 days of Service completion. We will review your request and, if we determine in our sole discretion we have not met our obligations under these Terms, we will refund the Fees paid for the specific Services in question. You acknowledge that we have no control over ATO processing times or decisions regarding tax refunds. Delays in receiving your tax refund from the ATO do not automatically constitute grounds for a refund of our Service fees. We will consider all refund requests on a case-by-case basis and in our sole discretion.

14.9 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment, or agency relationship between us and you.

14.10 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

14.11 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal, or risk management advice.

15. Definitions

15.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to the Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute Consequential Loss.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment (whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.
Your Data means the information, materials, logos, documents, qualifications, and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored, or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.

LODGEPRO PTY LTD - Terms and Conditions