Terms and Conditions of Use
Below are our terms and conditions which apply if you access our site and/or choose to use any service provided by us. You will be deemed to have accepted these terms and conditions each and every time you access our site and/or use our services.
Assessment means an income tax assessment issued by the ATO.
ATO refers to the Australian Tax Office.
Fees means any fees, costs, charges, disbursements or other amounts charged by us to you for use or access of any service.
Law means the laws of Australia (legislation, subsidiary acts, regulations, practice directions, rules and other requirements issued by any government authority of Australia) as applicable from time to time, including without limitation, all laws of Australia regulating the Australian tax system.
Lodgement means any completion and/or submission by you of Your Data (or any parts thereof) to us for lodgement with the ATO including a tax return.
Loss includes without limitation all direct and indirect loss, damage, demands, penalties, fines, expenses, costs (including legal costs on a solicitor/own client basis) and taxes.
Our Data means, without limitation, all data, material, content, details, information, guides, copyright, intellectual property, inventions, apps, tools, marks, links, graphics, code (including object code and source code), blogs, calculators and calendars that is available or accessible on our sites (whether directly or indirectly and whether intentionally or not).
Refund means an amount of money stated in an Assessment to be refunded to you by the ATO.
Services refers to any services and/or products that are supplied by us to you including services and/or products made available to you, or accessed by you, on one of our sites.
Sites means any website, android app or iOS app that we make available from time to time including any site that we use to offer access to services and “site” means any one of the sites as the context requires. Without limitation, “site” includes oneclicklife.com.au; oneclicktax.com.au and paysme.com.au
User Account means any account registered with us for the purposes of accessing one or more services
We, Us and Our means Mobile Business Devices Pty Ltd (ABN 17 602 368 945) trading as One Click Life, One Click Tax together with all agents, officers, employees, contractors, successors and assigns of Mobile Business Devices Pty Ltd (ABN 17 602 368 945)
You, Your, and User refers to you as the user of the services and where you have registered an account with us, the account holder.
Your Data means, without limitation, all data, content, material, details and information (including personal and sensitive information) of any kind inputted by you in your User Account or otherwise provided by you (whether directly or indirectly and whether intentionally or not) whilst accessing a site or service and includes Lodgements submitted by you or on your User Account.
General Terms & Conditions – Use of the services
By accessing the site and/or registering a User Account with us, you agree to the following terms and conditions:
Terms About You and Your Access to Services
You are the person that you say you are and you will not represent yourself as someone else, engage in any fraudulent activities and your use of the site will not violate any law. If you are assisting someone to access the site, create a User Account or otherwise use any one or more of our services, you agree that you have that person’s express consent. You must not create a User Account or access any services on behalf of another person if you do not have their express consent to do so.
You agree that your access and use of the sites and services is on a personal basis only and you will not access or use the sites and/or services for any commercial purpose whatsoever.
You acknowledge by creating a User Account that it is your intent to use our services as your tax agent for lodgement of Your Data with the ATO and that you will not use or access our sites for any other intent or purpose.
You will keep your User Account details including but not limited to your password secure, and ensure that no person other than yourself accesses the site using your credentials. You are solely liable for any Loss suffered by you, us or any other person that is attributable to your failure to keep your User Account details secure.
You will notify us immediately should you believe that any of Your Data or User Account details have been compromised.
You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the site without prior notice if you engage in any conduct or activities that Mobile Business Devices Pty Ltd in its sole discretion believes infringe any terms and conditions you are bound by or any other behaviour deemed inappropriate for continued access.
You acknowledge that we endeavour to take reasonable care in preparing and maintaining Our Data on the site however we do not warrant that Our Data is up to date at all times, and we do not warrant the accuracy, reliability, adequacy or completeness of any of Our Data.
You acknowledge that we endeavour to make the site and services available at all times however we do not warrant that this will be the case nor do we guarantee that access to the site will be uninterrupted. We will be required to run maintenance on our site and services from time to time which will result in the site or services being unavailable. We will not be liable to you for any Loss arising from your inability to access the site or services at any time.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by linked sites. Links to third party sites do not constitute an endorsement. By clicking on a link you may be directed to third party sites or services. We are not liable for any Loss suffered by you attributable to using or following any link on our sites or any services offered by a third party on our sites.
Terms About Your Lodgements
You must ensure that all of Your Data is complete and accurate at all times during the term of your use of the services.
You cannot assume that your Lodgement has been lodged with the ATO until you receive confirmation from us that Lodgement has been lodged with the ATO.
You acknowledge and agree that on completion of any Lodgement, the terms set out under the heading Payment and Lodgement Terms will apply and you will be Liable to pay our Fees.
You are solely responsible for ensuring that any Lodgement complies with your obligations to the ATO at law.
You acknowledge that we are relying on the completeness and accuracy of Your Data, and if Your Data is not complete and accurate at all times, we may be unable to provide services to you, may refuse to provide services to you, or may report you to government authorities if we are required to do so.
You warrant that you have all supporting evidence required at law to support your Lodgement. You acknowledge that the mere entry of Your Data in your User Account will not substitute your obligations at law.
You must retain a copy of all of Your Data that has been entered through the site, including but not limited to your Lodgements, together with supporting evidence as required by law. We will not be liable to you for any Loss suffered by you attributable to your inability to access or obtain copies of any of Your Data.
Pursuant to our obligations under the Australian Consumer Law, we will deliver our services in a reasonable time period. You acknowledge that any estimated timeframe advertised or disclosed by us for receipt of a refund by you or the processing of your Lodgement with the ATO is not guaranteed or warranted. All Lodgements are subject to review by us and the ATO and delays may occur in the review process.
ATO refunds may be delayed for a number of reasons such as but not limited to inability to contact you for further details, ATO analysis and matching of reported information, occupation driven reviews, identity and fraud detection as well as details of focus within the current ATO compliance program.
You agree that by selecting to submit Your Data to us this constitutes the authorisation for us to act as your tax agent and that you are requesting and authorising us to lodge your tax return with the ATO. You submit that Your Data is true and correct and that by selecting to submit Your Data to us for review and lodgement constitutes an electronic signature to this effect.
You agree that our review, if any, of Your Data does not make us liable in any way for any inaccuracies, deficiencies or errors in Your Data or Your Data being incomplete. You remain solely liable for such matters and any Loss suffered by you attributable to such matters.
Terms About Our Data
You acknowledge that Our Data is provided as a guide only and is general in nature. Our Data has not taken into account any of your specific circumstances unless it expressly says otherwise. You must not act in reliance on any of Our Data that is general in nature without making an independent assessment of same.
We will not be liable to you if you choose to rely on Our Data without obtaining independent advice in relation to its application to your specific circumstances. You acknowledge that nothing contained in Our Data constitutes accounting or financial advice.
You acknowledge that nothing in this agreement is intended to give you any intellectual property rights to any of Our Data or any other intellectual property rights held by us. To the extent required to access the services, we give you a royalty free licence to use our intellectual property. On ceasing to use or finalising the use of any service requiring such a licence, the licence shall immediately come to an end.
You will not attempt to violate the security of our sites. This includes any attempts to download or reverse engineer any of Our Data, propagate malicious programs or viruses, use any crawling devices, use any robots or interfere with the operation of our systems or sites in any way.
Your Liability to Us
You will be liable to us for any Loss we suffer attributable to your access or use of the sites or services or any breach by you of these terms and conditions.
Our Limitation of Liability
Please refer to the clause headed “Our Refund Policy” for information on the limited scenarios in which a refund may be payable.
This section “Our Limitation of Liability” has priority to any other provision of these terms and conditions or any policy incorporated into these terms and conditions.
Your use of our services and sites is at your sole risk.
To the maximum extent permitted by law we expressly disclaim all warranties, guarantees and representations implied at law. We will not be liable to you for any Loss arising from your use or access to our sites or services whatsoever and howsoever arising.
To the extent that notwithstanding the foregoing, we are found to be liable to you, you agree that our maximum liability to you shall be, in our discretion:-
- a redelivery of any service; or
- a refund of Fees paid by you to us.
You agree that we can suspend or cease acting for you or providing you with access or use of any services at any time if you breach a term of this agreement or we are of the opinion that we are unable to maintain a relationship of trust and confidence with you. We will not be liable to you if we choose to do so.
Governing Law and Policies
These terms and conditions (and incorporated policies) comprises the entire agreement between you and us. It replaces all previous agreements whether oral or in writing.
You acknowledge and agree to be subject to all relevant policies that we publish on our sites from time to time and that same are incorporated into these terms and conditions on publication.
This agreement is governed by the laws of Western Australia and you agree to submit to the exclusive jurisdiction of the Courts of Western Australia.
We may update our terms and conditions at any time by providing you notice (either by email, text or on our sites). If you continue to access or use our sites or services after receiving notice of an update to our terms and conditions, you will be deemed to be bound by the updated terms and conditions.
A failure or delay by us in enforcing our rights against you shall not be deemed a waiver of those rights.
Payment & Refund Terms and Conditions:-
You agree to pay all Fees in accordance with these terms and conditions.
We will charge you our Fees for all services used by you. Our Fees are payable on the earlier of completion of the service (the subject of the Fees) or Lodgement.
A schedule of our Fees payable for services will be available on our sites and will be updated from time to time. The schedule of Fees current at the time of access or use of a service shall be applicable to you. We may update our Fees from time to time and will publish the current schedule of Fees on our site. You will be liable for any increase in our Fees if you use or access a service after the amended schedule of Fees or has been published on our site.
You acknowledge that we be unable to recover the Fees owed by you, we are entitled to pursue all reasonable means in order to claim what is owing to us and all costs incurred by us (on a full indemnity basis) related to the activity of fee recovery will be payable by you on demand. You authorise us reporting your bad debt to credit reporting agencies.
We may provide options for payment such as credit card, Paypal, direct debit and other options from time to time. You are liable for any transaction costs charged by the merchant to process your payment type.
Upon purchase of a service you may be asked by the merchant or gateway service provider to supply certain information, including credit card or other payment mechanism information. You agree not to hold us liable for any Loss incurred by you as a result of using the merchant or gateway service provider via our site. You agree that all information you provide any merchant or gateway service provider through the site for purposes of making payment for services will be accurate, complete and current.
Interest shall accrue on unpaid Fees at the rate of 15% per annum calculated daily.
Fee From Refund Specifics:
By selecting the “Fee from Refund” option (“FFR”), you represent and warrant to us that you expect, without qualification, to receive a Refund from the ATO and that you have no known liabilities to the ATO or any other Australian Government agencies. By selecting FFR, you irrevocably authorise us to deduct all amounts owing to us under this Agreement from the Refund before remitting the balance of the Refund (if any) to you. You acknowledge that as part of this process your Refund will be paid into our trust account, we will then deduct the amounts owing to us and then remit the balance of your Refund (if any) to your nominated bank account. You will not receive the Refund directly from the ATO.
You agree that all information you have provided in order for this process to occur is true and correct.
You acknowledge that whilst we will take every reasonable step to process the balance of your Refund within service times published on our site, we will not be liable for any delay in remitting the balance of a Refund to you.
- you not receive a Refund, or
- the Refund not be of an amount sufficient to cover our Fees, or
- we be unable to deduct all of our Fees from the Refund for any reason whatsoever;
then you will be liable for payment of our Fees (or so much of our Fees as the Refund does not cover) in full immediately on issue of the Assessment by the ATO. Interest will accrue at 15% per annum calculated daily on overdue payments.
Nothing in this section limits your liability to us for Loss.
No Refund No Fee Specifics:
By selecting the No Refund No Fee option (“NRNF”), you represent and warrant to us that you fully expect, without qualification, to receive a Refund from the ATO, that you have no known liabilities to the ATO or any other Australian Government agencies. By selecting NRNF, you agree that if you receive any Refund from the ATO, you will be liable to pay our Fees and you irrevocably authorise us to deduct all amounts owing to us under this Agreement from the Refund before remitting the balance of the Refund (if any) to you. You acknowledge that as part of this process your Refund will be paid into our trust account, we will then deduct the amounts owing to us and then remit the balance of your Refund (if any) to your nominated bank account. You will not receive the Refund directly from the ATO.
If, for any reason not attributable to you, you do not receive a Refund and the likelihood of that occurring was not reasonably foreseeable, then you will not be liable to pay Fees to us for that service, but you will still be liable to us for any Loss we suffer as well as any other Fees payable for any other service used by you.
If you do not receive a Refund in circumstances attributable to you, or which would otherwise have been reasonably foreseeable, you will be liable to pay to us our Fees immediately on demand.
You agree that all information you have provided in order for this process to occur is true and correct.
You acknowledge that whilst we will take every reasonable step to process the balance of your Refund within service times published on our site, we will not be liable for any delay in remitting the balance of a Refund to you.
Bank Details for Refund:
You agree that the bank details supplied by you are true and accurate and that they relate to the account to which you would like your Refund processed. It is your responsibility to advise us of any change in bank account details, but you acknowledge that once provided, it may not be possible to change those details.
You agree that you are solely liable for inaccuracies in bank information supplied by you and whilst we will, where reasonable, support you to recover any missing amounts resulting from inaccurate details, we will not be liable to you for any such amounts, or any other Loss attributable to the inaccurate details.
Our Refund Policy:
Except to the extent required by the Australian Consumer Law, we do not provide or offer refunds of any of our Fees.
Pursuant to the Australian Consumer Law, we may be required to provide a refund to you if you cancel the services before the services are provided (for example, before completion of a Lodgement) or if there is a major failure with the services we provide to you.
If there is a failure, but the failure is not major, then we may in our discretion determine to resolve the matter by rectifying the failure, re-providing the services to you or by offering you a refund.
The ATO’s decision to enquire, hold, delay adjust and/or audit your information is outside of our service control and does not constitute an issue with, or failure of, our services.
Please refer to the clause of these terms and conditions titled “Our Limitation of Liability” for more information on the limitations applying to our liability to you.
One (1) Hour Free Audit Protection Terms and Conditions:-
You agree that Audit Protection relates to audit services specific to the tax year lodged with the ATO by you utilising our services (“Audited Lodgement”) and that Audit Protection does not extend to any other tax years or lodgements.
If Audit Protection has been selected, you appoint us as your representative to liaise on your behalf with the ATO, and provide guidance and support to you in relation to ATO requests related to the Audited Lodgement. You can withdraw this authorisation in writing to us at any time.
Audit Protection is limited to a total of one (1) hour of our time for the Audited Lodgement. Should you engage us to represent you for any further amount of time, additional fees will apply at no less than $220 per hour charged in 6 minute increments.
Audit Protection expires once the relevant term that the ATO require you to retain any data with reference to your Audited Lodgement is exhausted. You acknowledge that this term is generally accepted as 5 years and unless otherwise agreed in writing with us, we will consider Audit Protection to expire at the end of 5 years from the date that the Audited Lodgement was submitted to the ATO.
You are solely liable and responsible for the production of all documentation or records required by the ATO for the Audited Lodgements. You expressly acknowledge that we are not required to retain any documentation or records, and will not be liable to you for any failure by us to do so.
You agree that you do not require our assistance, or no assistance is required, to deal with audit activity for the Audited Lodgement, the Audit Protection will simply expire. You will not be entitled to any compensation for any unused Audit Protection (or part thereof).
Audit Protection does not apply to any amendments to Lodgements where such amendments are initiated by you or by the ATO. It only applies to audits by the ATO.
You acknowledge that it is your responsibility to maintain your contact information with us and ensure that it is current and accurate in order for us to provide Audit Protection. We will not be liable to you if we are unable to contact you by the earlier of an ATO response date or 14 days and we have made reasonable efforts to do so using the contact information provided by you. In such circumstances, the Audit Protection will expire on the passing of the first in time to occur and you will not be entitled to any compensation for any unused Audit Protection (or part thereof).
We will not be liable to you or any third party for any penalties, fees, charges or the like that the ATO may apply as a result of their audit program and warrant that selection of Audit Protection does not equate to discharge of any liability that the ATO may deem you to have.
Security of Personal Information
Mobile Business Devices Pty Ltd currently uses 2048 TLS encryption and PCI compliance is verified through Securitymetrics
Mobile Business Devices Pty Ltd regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although Mobile Business Devices Pty Ltd strives to protect such information, Mobile Business Devices Pty Ltd cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.
What tips on security can I access?
See the ATO tips for protecting your personal information and for avoiding tax scams here https://www.ato.gov.au/General/online-services/online-security/
Make sure that your browser is up to date (Note: for clients running Microsoft Explorer, we recommend that you double check you have the latest updates installed to ensure a patch for previously known security vulnerabilities).
Mobile Business Devices Pty Ltd will not request you to send private and personal details via text or email unsolicited. These tools may be used by Mobile Business Devices Pty Ltd for communication and update purposes.
We use a Level 1 PCI Compliant Payment Gateway to process credit card details and payments. Mobile Business Devices Pty Ltd does not hold or store any credit card data. This is encrypted and stored in the Payment Gateway providers database who are experts in this area.
Mobile Business Devices Pty Ltd holds a current subscription to the Australian Governments’ ‘Stay Smart Online Alert Service’ which provides immediate and up to date information about the latest online safety and security risks and solutions.
Internal Security policy. We may want to make your user experience as easy as it can be on the front end but don’t be fooled – we take security seriously and as a result we have a strict internal security policy that all staff adhere to.
All correspondence with the ATO is in accordance with their required security standards.
Mobile Business Devices Pty Ltd Policies
We strongly encourage you to update your web browser software and computer operating system frequently.
Mobile Business Devices Pty Ltd and it sites oneclicklife.com.au; oneclicktax.com.au works on all Safari, Chrome, Firefox and Internet Explorer browsers. The security of your private information may be compromised by your own choice of software and whether you keep it up-to-date by installing the manufacturer’s/software developer’s suggested updates.
Some browsers are known to be at higher risk. Older browsers such as Internet Explorer (versions 10 and older) are out-of-date and should not be used; they should be updated immediately and free updates are available from Microsoft.
At this time we are not aware of any security problems relating to current versions of the Apple Safari browser, but we do caution users to download updates from Apple whenever they are available.
Microsoft Windows Vista, Windows XP, Windows 2000, Windows 98, Windows 95 and Windows 3.1 are no longer supported or updated by Microsoft, Those systems are no longer receiving security updates, therefore it is generally recommended you should not use them to enter or store your private information (or at all).
Information Collected – Privacy
The main purposes for which we collect personal information are:
- to provide our services;
- to market other services to you;
- to maintain contact with you;
- to keep you informed of the services we offer and of current developments;
- to notify you of events, services and service offers;
- for administration and management purposes.
The information that we will collect about you will depend on how you use the facilities offered by the Mobile Business Devices Pty Ltd website. The type of personal information which we will ordinarily collect includes your name, home and postal address, contact phone numbers, email address, business contact details, email and occupation. We may ask you for other information where it is relevant to the provision of services to you, such as bank account details, tax file numbers, assets and liability statements and other financial information.
Unless specifically necessary for us to provide services to you and you have expressly consent to us doing so, we will not usually seek sensitive information from you or about you. Sensitive information can include things like your religion, ethnicity, criminal history, medical condition and sexual preference.
If you visit an unsecure area of the Mobile Business Devices Pty Ltd website (that is, an area where you are not required to log on) to read, browse or download information, our system may record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our systems will not record any personally identifiable information.
If you decide to use one of our online services, such as our Individual tax return software, our system will record all information you enter during your use of the Mobile Business Devices Pty Ltd website which may include both personally identifiable information and sensitive information (as those terms are defined in the Privacy Act 1988 (Cth).
The Mobile Business Devices Pty Ltd website may also contain links to the websites of third party providers of goods and services (“Third Party websites”). If you have accessed Third Party websites through the Mobile Business Devices Pty Ltd website and if those third parties collect information about you, Mobile Business Devices Pty Ltd may also collect or have access to that information as part of our arrangements with those third parties. We are not responsible for the storage or safekeeping of any information you input on a Third Party website.
The Mobile Business Devices Pty Ltd website may periodically be promoted using online display advertising and remarketing tools connected with Google Analytics. Mobile Business Devices Pty Ltd and third-party vendors, including Google and Microsoft, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on individuals’ past visits to this website. This is intended to help make ads relating to this site more relevant to people who have or have not visited this website and to minimise ads displayed to people who may not need the services of this site. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ads Settings.
Mobile Business Devices Pty Ltd respects the choice of any individual to opt out of common web tracking systems and encourages concerned individuals to investigate the Google Analytics opt-out browser add-on.
Third Party websites should have their own privacy statements and those third parties are responsible for their own privacy practices.
How we collect your Information
Generally, we will collect personal information directly from you. This may be as a result of your submitting an online enquiry, using our site or otherwise providing us with your personal information.
Sometimes it may also be necessary for us to collect your personal information from a third party, or from a publicly available source however we will only do that when it would be reasonable to expect us to do so, or where it is not reasonable to expect us to do so, then with your consent.
How we will use your Information
We will never sell your personal information.
We will only use your personal information to perform professional services, respond to your requests or to provide you with further information about our business and its offerings.
We may disclose your personal information to third parties where it is inherent in the provision of the services to you, required by law, or third parties who we engage to provide services to you or assist us to provide services to you such as typists, solicitors, financial advisers and other professional, secretarial or expert services. We will always request that such third parties deal and protect your personal information in accordance with the Privacy Act 1988.
We may use your personal information to market to you our services or our business. You will always have the opportunity to opt out of receiving such material from us by following the links included in such correspondence.
How Long We Will Hold Your Personal Information
We will hold your personal information for only as long as is required to fulfil the purposes for which it was collected or as required by law. Please refer to the clause titled “Terms about Your Lodgements” for more information on your obligations to retain information.
Blogs, Forums, and Social Media Profiles
Our website may host various blogs, forums, and other social media profiles or services that allow you to share personal information and content with other users (“Applications’). Any personal information or content that you contribute to any Applications can be read, collected and used by other users over whom we may have no control. We are not responsible for any use, misuse or misappropriation by other users of any personal information or content that you contribute to any Applications.
You may choose to provide us with personal information in some circumstances when you subscribe to our newsletters.
How You Can Access Your Information
If you would like to access the personal information we hold about you, you may do so by contacting our offices. We will endeavour to respond within 2 weeks of receiving such request. In some circumstances, we may refuse to provide you with access. We will advise you of the reasons why if we do refuse.
If you believe any personal information held by us is incorrect, inaccurate, incomplete or not up-to-date please advise us at your earliest convenience so that we can take the reasonable steps to update the information in accordance with the requirements of the Privacy Act 1988.
How to Contact Us
You may request further information about the way we manage your personal information by emailing us at firstname.lastname@example.org or calling us on 1300 707 117.
We use “cookies” as a fundamental part of our interaction with your Internet browser. The purpose is to provide you with better and more customised service and with a more effective and efficient website.
A “cookie” is a small text file placed on your computer by our web server. A cookie can later be retrieved by our web servers. Cookies are frequently used on almost all websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your web browser.
How we Handle Email
We will preserve the content of any email that you send us, if we believe that we have a legal requirement to do so. Your email message content may be monitored by our employees for security issues including where email abuse is suspected; our response to you may be monitored for quality assurance issues. Mobile Business Devices Pty Ltd will not request you to provide sensitive information such as bank details, credit card details or your tax file number via unsolicited email.
Use and Disclosure of Information Generated By Cookies
We will only use or disclose personal information or information generated by cookies in accordance with this Security and Privacy Statement and specific and additional provisions relating to privacy which apply to certain areas of the Mobile Business Devices Pty Ltd websites.
Like any business, we are subject to the law. We will be obliged to divulge personal information if requested by a government agency with the proper authorisation, like a court order.
Offers Terms & Conditions
Free Tax Returns applies for all those under 21 years old only. Referrals cannot be used in conjunction with any other offers. All offers only apply to ONLINE express tax returns. The Referral Offer can only be redeemed once per user at signup.