Promotion Terms and Conditions
- Promotion Terms and Conditions
The offer of the “instant Tax Refund” (“Instant Tax Refund”) is by Mobile Business Devices Pty Ltd (ABN 17 602 368 945) trading as One Click Tax (“the Business”) of 211 Rosebery Street, Bedford, WA (telephone 1300 707 117) on the terms and conditions set out in this document (“Promotion Terms and Conditions”).
- Incorporation of Other Terms
- Any information published on the website, social media pages or other advertising mediums by the Business on how to obtain the offer form part of these Promotion Terms and Conditions as if restated verbatim herein, but to the extent that any additional terms conflict with any of these Promotion Terms and Conditions the Promotion Terms and Conditions shall prevail.
- The general terms and conditions of trade of the Business as published on our website are incorporated into these Promotion Terms and Conditions as if restated verbatim herein, but to the extent that the general terms and conditions conflict with any of these Promotion Terms and Conditions, the Promotion Terms and Conditions shall prevail.
- The Offer
Eligible Users (see clause 6) who:-
- complete and lodge a Complying Tax Return (see clause 11) through One Click Tax within the Offer Period; and
- are eligible to receive a refund from the ATO in relation to that Complying Tax Return (“ATO Refund”),
are automatically eligible to receive an instant tax refund from the Business of an amount up to the sum of $500 (calculated in accordance with clause 4) subject to our terms and conditions (“Instant Tax Refund”).
The Instant Tax Refund is an early advance made in good faith by the Business to the eligible user of monies anticipated by the eligible user to be owed to the eligible user by the ATO on account of the ATO Refund.
The Instant Tax Refund will be paid into the user’s nominated bank account within 48 hours of lodgement of the Complying Tax Return, subject to bank transfer times.
- Calculation of Instant Tax Refund Amount
If on lodging a Complying Tax Return the estimated ATO Refund is less than $500, then the Instant Tax Refund that will be paid to the user is calculated as the estimated ATO Refund minus our fees.
If on lodging a Complying Tax Return the estimated ATO Refund is $559 or more, then the Instant Tax Refund amount will be $500 (and our fees will not be deducted from this amount).
- Remittance of Balance of ATO Refund
When the Business receives the ATO Refund, then the Business will remit to the user the balance of the ATO Refund (“BU”) calculated as follows:-
BU = AR – Gross ITRA
Where: AR = the amount of the ATO Refund received by the Business
Gross ITRA = the amount of the Instant Tax Refund paid to the user plus Business Fees
Business Fees = our fees for use of the service together with any other monies you owe to us and the Business will be entitled to retain the remainder of the ATO Refund received.
Remittance of the BU amount shall occur within 48 hours of receipt of the ATO Refund, subject to bank transfer times.
Subject to clause 7, to be eligible for the offer you must be an Australian permanent resident or citizen whose usual place of residence is in an Eligible State, who is over the age of 18 years and whose 2019 Complying Return (see clause 11) was lodged via oneclicktax.com.au during the Offer Period (see clause 10).
Eligible State means WA, SA, NT, QLD, TAS, VIC, NSW or ACT
The Business reserves the right to require proof (to its satisfaction) of the eligibility of any user. The Business reserves the right to, in its absolute discretion, disqualify any user who the Business has reason to believe is not eligible to receive the offer or has engaged in unlawful, unfair or other improper misconduct in relation to the offer or other services offered by the Business.
- Ineligible Users
Notwithstanding that they comply with clause 6, the following users are not eligible to receive the offer:-
- any user that has already lodged a 2019 tax return
- any user that does not have automatic prefill data from the ATO unless proof has been provided by emailing to our office for review
- any user that have not completed two years previous tax return with the ATO
- any user that have a history of Centrelink debt
- any user that have a history of Child Support Payments
- any user that have a history of Family Tax Benefit over payments
- any user that have a history of SPER fines
- any user that have a history of any Government amounts unpaid and recovered by the ATO
- any user that has or has had in the past an ATO debt and their refund garnished;
Although you will be ineligible for the Instant Tax Refund offer, you will still be able to complete your tax return via our website, and the no refund no fee will apply. If a refund is due by the ATO then you will have to wait the normal ATO time frame of up to 21 days to receive your refund.
In the event that an ATO Refund does not cover the Instant Tax Refund and our Business Fees (referred to in clause 5 as the ‘Gross IRTA’), we will notify you via email to repay the Business the amount owing within 7 days (“Shortfall”). Failure to repay the Shortfall within 7 days will trigger debt collection, plus a $10 administration Fee.
If the Shortfall repayment is missed or not paid by the due date, then the amount owing to us will be the Shortfall plus 20% and in addition, a $10 Administration fee per week will accrue, until the outstanding amount is paid in full. If any amount owing to us is not paid when due, then we reserve the right to engage the services of a debt collector or solicitor to recover this money and you will be liable to us for, in addition to all other monies payable to us under these Promotion Terms and Conditions, the costs of recovery together with interest at the rate of 15% per annum calculated daily.
- Offer period
The offer entry period opens 12.01am (Aus. WST) on 15th July 2019 and closes at 11.59pm on 15th October 2019 (Aus. WST), however the Business reserves the right to terminate the offer earlier or extend the offer for longer in its absolute discretion, and will make people aware of this via either social media, email or our website if we determine to do so.
- Over Subscribed
Without limiting clause 9, if we become oversubscribed on the instant tax refund, we reserve the right to close the offer and reopen at our discretion. A tax return can still be completed and lodged online if the offer is closed, but no Instant Tax Refund will be paid regardless of whether or not the offer is later reopened and accordingly an ATO Refund will be received in the normal ATO processing times.
- Complying Tax return
To be eligible to receive the offer, a Complying Tax Return must be lodged via oneclicktax.com.au during the Offer Period. A Complying Tax Return is a tax return lodged within the Offer Period with the Australian Taxation Office via www.oneclicktax.com.au which meets all of the following criteria with respect to that tax return lodged:-
- an individual tax return for the 2019 income year;
- with respect to the taxation assessment of an Eligible User who was living at the date the complying Tax Return was lodged;
- containing only accurate information and containing no information which may give rise to the Australian Taxation Office issuing a Taxation Assessment of an amount less than the estimated refund advised by One Click Tax at the time of lodgement of the return;
- which is eligible for a refund from the Australian Taxation Office of more than $1; and
- which, for the avoidance of doubt, has been lodged with the Australian Taxation Office (after submission via oneclicktax.com.au).
- General Clauses
- All users warrant to the Business that they are authorised to lodge any return lodged by them and that they are the person they identify themselves to the Business as.
- The Business’ decision in relation to any aspect of the offer is final and binding on every person who takes up the offer.
- The Business will not take any responsibility for any refund or other monies that are lost in transit or where incorrect remittance details are provided.
- The Business will not be liable for any loss or damage whatsoever or howsoever caused (including consequential loss) in connection with the offer.
- Without limiting the foregoing, the Business is not responsible for any failure of systems, servers, hosting platforms, technical errors, server crashes or anything of the like including any omission, interruption of availability, deletion, defect, delay in transmission or failed communication systems.
- The Business gives no warranty and makes no representation that the ATO Refund will be an amount equal to or greater than any estimate refund amount provided at the time of lodgement of a tax return.