The parties agree as follows:

DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires:
super-auditing.com.au its agents, officers, successors and advisors and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;
Our services’ means the method used by us to provide you the service of online SMSF auditing tool and providing the relevant audit related documents. It includes a website interface and document delivery system which has been supported by online help;
party or parties means You and/or us as the context suggests;

1. OUR SERVICE

Super Auditing Service

We agree that we have tested our online auditing tool service and delivery of all the documents. The delivery to you will be error free. All information collected from you will be dealt with as per our privacy policy and will be secure. The documents from our website will be available to you for a period of 15 years via email instantly or can be downloaded at any time using your user name and password.

Document Delivery Service

All delivery of SMSF auditing notes, report and working papers will be available to you electronically. You will be able to download and print them. We take no responsibility if you do not receive emails due to a fault in your computer system. If for any reason, you change your email identity, you will need to inform us with your current email address.

2. NO LEGAL ADVICE IS GIVEN BY US

You agree that we are not a legal firm and have no intention to give any legal advice. By using this service we are not giving any legal advice. Our service is to provide a tool to audit SMSFs and provide relevant audit documents as described elsewhere on our website. Our services do not cover any financial accounting or legal advice.
We seek answers to questions, which you provide; based on answers to these questions your audit documents are prepared. Some of these questions have explanations, these explanations should not be construed as legal advice, they are provided to help you to answer the questions so that you are able to perform auditing of self managed super funds through our website.
You agree that you will indemnify us in relation to any cost, loss, liability, or damage that you or your client, or any party suffers from audit outcome through us due to inaccurate information provided by you or suitability of the particular structure or failing to seek legal advice.

3. AUDIT REPORTS ARE PREPARED BASED ON THE INFORMATION PROVIDED BY YOU

You agree that information provided for auditing an SMSF is correct. If you give incorrect information or do not understand the questions seeking information requested by us, the SMSF audit documents might be incorrect. We will not be responsible for such errors caused by you.

4. ACCESS

We will make reasonable efforts to make our auditing tool available to you 24 hours per day 7 days per week.
Use of the auditing tool is limited to your use only. Your account details like username and password must be kept confidential and cannot be shared. We are not liable for the information theft due to you sharing your account details with others.

5. INTELLECTUAL PROPERTY RIGHTS

(a) We own all property rights, including Intellectual Property rights in the Program (the Software). You acknowledge that all intellectual property rights in the Program and in the information generated through use of the Program are owned by Us.
(b) You may not distribute the information (in any form) obtained from the Program or Your use of the Program to third parties, “mirror” or include the information on Your own server, or modify or re-use the information without Our prior written permission.
(c) We reserve all rights to the Software, the Program, the data contained in the Program, the documentation referred to in clause 6 and all rights subsisting in them.

6. CONFIDENTIALITY

(a) You agree to keep all information contained or embodied in the Program, or the Software, and any documents or other information provided to You by or on behalf of Us (the Confidential Information) strictly confidential, and not disclose that information to any person without Our prior written consent, and not use that information for purposes other than Your audit purposes. This restriction will not apply to disclosure required by law, or any disclosure of information which is in the public domain otherwise than as a result of a breach of this agreement or a breach of any other obligation of confidence owed to the owner of the Confidential Information.
(b) Without limitation, You must not reproduce by any means (including electronically) any Confidential Information.

7. WEBSITES OF AFFILIATES

You agree that our website may contain inappropriate or inaccurate information. We may provide website address of advertisers, government websites or links to other websites, this we do so for your convenience and in no way endorse their services or information contained in their website. If you rely on information provided on these websites, you cannot hold us responsible, should they contain any misleading information.

8. NO WARRANTY OF CONTINUITY, OR FREEDOM FROM VIRUSES

We do not warrant that our website will be always available for use or by use of our services you are free from computer viruses and do not warrant that it may not damage your computer or its storage capacity.

9. OUR LIABILITY

Our liability to you is up to our audit fee paid by you. By using our service there are no implied warranties provided by us. We may decide to offer tool for auditing SMSF without charging our audit fee to compensate your loss; no other warranty or liability will be honoured. We will not be responsible for being negligent on any aspect of delivering our services.

We will not be responsible for any loss, damage or cost caused to you directly or indirectly which arises due to providing our services or using our documents.