Terms and Conditions of Use of TradingAs.com.au

  1. The User irrevocably acknowledges and agrees that:
    1. TradingAs.com.au is a private/commercial/non-government 'do it yourself tool' and is a computer program (albeit sometimes with manual/human review, depending upon the circumstances); it is not ASIC , it is not an accountant, it is not a tax agent, it is not a solicitor and it is not an accounting or legal firm;
    2. TradingAs.com.au does not give, nor purport to give, legal, accounting or taxation advice.
    3. despite TradingAs.com.au's best efforts to explain relevant matters and instructions clearly, the User may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available on the activation of '?' buttons) and that TradingAs.com.au will not be liable in respect of any such misconstructions or omissions;
    4. TradingAs.com.au's sole purpose is to assist the User to register (or renew or transfer or restore or cancel) a business name or to do the data input work to apply to register an ABN;
    5. the User should not use TradingAs.com.au if it is imperative that the proposed business name be registered (or renewed or transferred or restored or cancelled) by a particular time or date nor if it is imperitive that an ABN be obtained by a particular time or date;
    6. although every effort has been made to take account of every combination of circumstances, TradingAs.com.au, being a computer program, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances;
    7. if the User is sent an ASIC Record of Registration (or cancellation, as the case may be) of Business Name in respect of the business name registered or renewed or transferred or restored or cancelled with the assistance of TradingAs.com.au, TradingAs.com.au will have entirely (and will be deemed to have entirely) fulfilled its purpose, and as such the User will have no claim whatsoever against TradingAs.com.au;
    8. all information, content and intellectual property displayed on the TradingAs.com.au website (except such information, content and intellectual property which is displayed as a result of a link to another website or a non-TradingAs.com.au web-page) and all underlying code and programming is and remains the property of TradingAs.com.au, and the User agrees not to copy or make use of such property, code and programming except for the purpose of registering or renewing or transferring or restoring or cancelling a business name using TradingAs.com.au or for the purpose of considering to register or renew or transfer or restore or cancel a business name using TradingAs.com.au;
    9. even if the proposed business name is legally available at the time the User is using TradingAs.com.au, it may not be available by the time ASIC processes the application to register the business name and the User bears that risk; and
    10. the most a User may recover from TradingAs.com.au, under any circumstances and irrespective of any fault of TradingAs.com.au (including, without limitation, any fault of or with the server(s) on which it is hosted, and any faulty or corrupt transmission from or via such server(s)), is the fee charged by TradingAs.com.au to the User (TradingAs.com.au may choose, wholly or partially, to refund this fee in its absolute discretion including, without limitation, in the event that the User has been unable to register or renew or transfer or restore or cancel the business name despite the User having used TradingAs.com.au correctly and followed TradingAs.com.au's guidance given or offered to the User, and where the User applies to TradingAs.com.au in writing for a refund setting out the relevant circumstances.).
  2. TradingAs.com.au will not be liable to the User or any other person for any loss or damage including, without limitation, consequential loss or damage, which may be suffered or incurred or may arise directly or indirectly out of or in connection with the use or viewing of, wholly or in part (or the User's failure wholly to use or view), TradingAs.com.au (including offered guidance and information shown or available on the activation of '?' buttons) or any websites or web-pages linked to TradingAs.com.au or any downloads (nor from the downloading process itself) from TradingAs.com.au or from sites to which TradingAs.com.au is linked.
  3. The User represents to TradingAs.com.au that the User has either made the User's own independent assessment of the availability of the proposed business name or has carefully read and understood all the guidance about this topic given or offered to the User within the TradingAs.com.au website. The User agrees that TradingAs.com.au will not be liable to the User as a result of the proposed business name being unavailable.
  4. TradingAs.com.au accepts no responsibility for the contents (including currency), availability, or web-page address of any website or web-page to which TradingAs.com.au is linked, intended to be linked, or apparently linked.
  5. TradingAs.com.au will not be liable to the User or any other person for any loss or damage, including, without limitation, consequential loss or damage, which may be suffered or incurred or may arise directly or indirectly out of or in connection with the use of its website (including, without limitation, any loss of, or damage to, the User's computer software or hardware or data) or the unavailability of its website for any reason (including, without limitation, unavailability due to interruption, suspension, termination, malfunction, upgrading or maintenance).
  6. The User agrees not to print out any pages from the TradingAs.com.au website which TradingAs.com.au has not specifically offered to the User the option of printing out and not to link to any webpage in TradingAs.com.au's website, other than the home page.
  7. If any of these Terms and Conditions, clauses or parts of clauses, are subject to any restrictions, exclusions or alterations imposed by law, or are legally declared to be invalid or inoperative, they will be deemed to be restricted, excluded, altered, invalidated or inoperative only to the minimum extent required by law, with any unaffected Terms and Conditions, clauses or parts of clauses remaining operative to the maximum extent allowed by law.
  8. These Terms and Conditions are subject to the laws operating in Queensland and the User irrevocably submits to the jurisdiction of Queensland and Australian courts (and the User agrees not to raise objection(s) to any registry/forum of a Queensland or Australian court which TradingAs.com.au may choose e.g. a registry/forum in Brisbane).
  9. TradingAs.com.au will not be liable to the User or any other person for any loss or damage, including, without limitation, consequential loss or damage, which may be suffered or incurred or may arise directly or indirectly out of or in connection with the use of its website (including, without limitation, any loss of, or damage to, the User's computer software or hardware or data) or the loss of, or loss of any storage of, any information supplied by the User to TradingAs.com.au or for the non-deliberate loss of privacy of any such information.
  10. The copyright in the TradingAs.com.au website (including these Terms and Conditions) and in the documents it produces are owned by, or licensed to, TradingAs.com.au irrespective of the lack, or otherwise, of any copyright notices on them. All rights are reserved. Except for information and material made available, in the format it was made available, from a PRINT function within the TradingAs.com.au website (not for example, from a PRINT function in the User's web-browser), neither the whole nor any part of the information, material and pages displayed on this website (including as upgraded from time to time), nor the underlying code or codes, may be printed out, copied, duplicated, downloaded, transmitted, e-mailed, forwarded, distributed, sold, licensed, dealt with or reverse-engineered without the prior written permission of TradingAs.com.au.
  11. In consideration of TradingAs.com.au allowing the User to, wholly or partly, trial, view or use the TradingAs.com.au service, the User agrees not to build, offer or provide a wholly or partly automated online Australian business name registration, renewal, transfer, restoration or cancellation service.
  12. The User agrees not to, and agrees not to attempt to, copy, duplicate or adapt, substantially copy, duplicate or adapt, or partially copy, duplicate or adapt this website, its essential concept, its contents, its design, its logic, its order, its method of activating and displaying guidance, its method of generating and downloading documents, its 'look and feel' and interface, its code or codes, or its selection or arrangement (or both) of questions, optional answers, facts, information, ideas, guidance, or expressions.
  13. The User agrees not to facilitate, assist or prompt another person to do, or attempt to do anything which would be in breach of this agreement were the other person a party to this agreement, including, without limitation, any of the things mentioned in clauses 6, 10, 11 or 12 above, or clause 14 below, nor to benefit from or attempt to benefit from, either directly or indirectly, any other person doing or attempting to do so.
  14. The User agrees not to make any bad faith use of TradingAs.com.au.
  15. The User warrants that the User is either the person who is trading, or proposes to trade, under the proposed registered business name OR is authorised by such person to use TradingAs.com.au on such person's behalf and to agree to these Terms and Conditions on such person's behalf (which the User hereby does, in addition to agreeing to these Terms and Conditions on the User's own behalf which the User also hereby does).
  16. The User authorises TradingAs.com.au to transact with ASIC in relation to the proposed registration (or renewal or transfer or restoration or amendments/updates or cancellation) of/regarding the business name/s the subject of the service, and in relation to the subsequent registration (or renewal or transfer or restoration or amendments/updates or cancellation) of/regarding any such business name if registered (or renewed or transferred or restored or so amended/updated or cancelled), as TradingAs.com.au sees fit (in its absolute discretion) (having regard to the service which TradingAs.com.au offers and provides, and which of those services the user has requested and paid for) including, without limitation, to -
    • lodge an application to register (or renew or transfer or restore or make amendments or cancel regarding) any such business name;
    • make all required and associated declarations on the User’s behalf (which declarations the User hereby declares to be truthful);
    • receive responses (including by email) from ASIC in relation to the application to register (or renew or transfer or restore or make amendments or cancel regarding) any such business name;
    • add or remove any TradingAs.com.au staff member or contractor or representative as an authorised lodger in relation to any such business name;
    • change any email addresses recorded at ASIC against the record of registration of any such business name;
    • without limiting the generality of the foregoing, submit transactions to ASIC for lodgement on behalf of the Holder or proposed Holder of the business name or the User; and
    • without limiting the generality of the foregoing, to seek and obtain an ASIC key for the business name via any method
    • without limiting the generality of the foregoing, when submitting transactions for lodgement on behalf of the Holder or proposed Holder of the business name, or User, declare to ASIC (via ASIC Connect or otherwise) that such submissions are authorised for lodgement on behalf of the Holder or proposed Holder of the business name, or User, under the terms and conditions of the Electronic Lodgement Protocol, and that each of the relevant declarations on behalf of the Holder or proposed Holder of the business name, or User, have been made after making all due and proper inquiries.
  17. The User agrees and consents to receiving from TradingAs.com.au notifications (including, without limitation, by email, post, phone or sms) regarding a business or trading name or names which the User has registered, renewed, cancelled, restored, transferred or inquired about through TradingAs.com.au, or which is related to or connected to such name or names (e.g. by way of having the same or related Holder and/or ABN) including, without limitation, notifications that such name or names -
    • are coming up for renewal, or are due for renewal, or are overdue for renewal;
    • have expired;
    • been cancelled;
    • may need their details recorded at ASIC updated or amended;
    • may need to be restored;
    • may need to be registered, or re-registered;
    • may need to be cancelled;
    • do not have their associated ABN included on their ASIC record but may have their associated ABN included on their ASIC record; and/or
    • may need to be transferred.
  18. If the User has selected the service of also having/requesting TradingAs.com.au to apply for an ABN on behalf of the proposed holder of the business name to be registered, the User -
    1. authorises TradingAs.com.au to transact with the ABR/ATO in relation to the application for an ABN as TradingAs.com.au sees fit, in the circumstances, including, without limitation, to -
      • do the associated data input required to lodge, and to lodge, an application by the proposed holder of the business name to be registered, in the proposed holder's name, and on behalf of the proposed holder;
      • make all required and associated declarations on the User’s behalf, and on behalf of any person’s or entities which the User is, or is by implication, acting or declaring on behalf of (which declarations the User hereby declares to be truthful and authorised); and
      • receive responses (including via website pages) from the ATO/ABR in relation to the application to register an ABN, and
    2. declares that all the information which the User has given to TradingAs.com.au (including, without limitation, via data input, email or verbally) is true and correct, and to likewise declare as such to the ABR/ATO, in the User's name and on the User's behalf.
  19. If the User has selected the service of also having TradingAs.com.au monitor and keep the business name registered beyond its current renewal date, the User -
    1. declares that
      1. all business name information on the ASIC register is current and correct as at the business name's next renewal date, or
      2. the User will inform TradingAs.com.au (via email to mail@tradingas.com.au) at least 40 days prior to the business name renewal date of all updates to the information, and
    2. authorises TradingAs.com.au to
      1. renew the business name when it becomes renewable, automatically charging all applicable renewal fees (both ASIC’s renewal fees and TradingAs.com.au’s renewal fees), and
      2. securely store payment details to be used for future business name renewal fees (both ASIC's renewal fees and TradingAs.com.au's renewal fees), and
    3. agrees to provide TradingAs.com.au with updated payment information prior to the business name's renewal date should the current payment details have expired or changed or otherwise no longer be chargeable, and
    4. may cancel this service but only via a written request to TradingAs.com.au (and only via the email address mail@tradingas.com.au) at least 40 days prior to the business name’s renewal date.
  20. The User irrevocably acknowledges, understands and agrees that -
    • Sometimes, after paying TradingAs.com.au for a service, TradingAs.com.au will need to get further information or items or action from the User in order to complete the service, and that without TradingAs.com.au receiving such information or items from the User (or without the User carrying out such an action) in response to a request by TradingAs.com.au, TradingAs.com.au will not be able to complete the service. Without limitation, such information, items or actions as the case may be, include the following -
      • A correct and up to date ASIC Key in respect of the business name the subject of the service (most commonly where the service relates to a transfer of business name)
      • A signed authority letter (drafted and supplied to the User by TradingAs.com.au and most commonly where the service relates to the restoration of cancelled business name)
      • Written approval of a draft prepared by TradingAs.com.au and supplied to the User (most commonly a draft ABN application)
      • Corrected versions of incorrect information previously supplied by the User (for example, the User may have previously supplied incorrect details of a relevant ABN or address or contact email address or contact phone number)
      • A declaration by the User (most commonly a declaration by the user, as required by ASIC, before a business name registration application is submitted to ASIC)
      • Confirmation by the User to perform an appropriate substitute alternative service to that initially requested by the User and offered/suggested by TradingAs.com.au to the User (and supply by the User to TradingAs.com.au of any necessary additional information requested by TradingAs.com.au in relation thereto) in circumstances where the service initially requested by the User is not possible (for example, the User may have paid for the registration of a cancelled business name to be retrospectively restored in circumstances where it is too late to restore such a registration, and consequently TradingAs.com.au offers to the User the appropriate substitute alternative service of registering the business name afresh for the User)
    • Chasing up such further information or items or action from the User is very time consuming for, and costly to, TradingAs.com.au (relative to the cost of the service).
    • TradingAs.com.au is not obliged to chase up from the User such information or items or action from the User (after initially requesting such information or items or action from the User), although TradingAs.com.au may choose to do so, in its absolute discretion.
    • If the User does not supply such information or items or action in response to a request to the User from Trading As.com.au or in response to reasonable chasing up attempts by TradingAs.com.au, then TradingAs.com.au may decline to, or cease, chasing up such information or items or action from the User and may, in its absolute discretion, keep the entire charge paid by the User to Tradingas.com.au in respect of the service (in other words, the User agrees to forfeit such entire charge in these circumstances), despite the service not being completed (and bearing in mind that such non-completion of the service is not the fault of TradingAs.com.au but is due to the User not supplying to TradingAs.com.au such information or items or action in a timely manner, or at all, or in response to reasonable chasing up attempts by TradingAs.com.au, and bearing in mind that the TradingAs.com.au service fees are not large amounts to forfeit, namely low three figure sums or less, and bearing in mind that much of the costs incurred by TradingAs.com.au in respect of its services are attributable to the cost of computer programming relating to TradingAs.com.au’s service interactions with the User prior to the User paying for the relevant service and/or TradingAs.com.au’s service interactions with the User up to and including a request to the User from Trading As.com.au for such information or items or action, and bearing in mind the time consuming and costly nature of chasing up attempts by TradingAs.com.au, and bearing in mind that, sometimes, in order to make a refund to the User that TradingAs.com.au would first need to contact the User yet it has transpired that the user is uncontactable by TradingAs.comau via the email address or phone number supplied by the User) and the User agrees that such a forfeiture is not in the nature of a penalty.
    • Without limiting the generality of liability exclusions otherwise mentioned in these Terms and Conditions or otherwise applying, TradingAs.com.au will not be liable to the User or any other person for any loss or damage including, without limitation, consequential loss or damage, which may be suffered or incurred or may arise directly or indirectly out of or in connection with the User not supplying such information or items or action in response to a request to the User from TradingAs.com.au or in response to reasonable chasing up attempts by TradingAs.com.au.
    • It is the User’s responsibility to supply to Tradingas.com.au correct and up to date contact details (email address and phone number for TradingAs.com.au making contact with the User as may be necessary) and that TradingAs.com.au will not be liable for anything relating to such contact details not being correct or up to date.
  21. If TradingAs.com.au chooses to make a full or partial refund of any fee charged by TradingAs.com.au to the User, or is obliged to make such a full or partial refund, Trading As.com.au may, at its absolute and unfettered discretion, deduct from such a refund an administrative fee (an 'admin fee') for doing so (and for any associated bank fees, or credit card fees, or payment provider fees or costs to TradingAs.com.au).
  22. The User agrees that payment for TradingAs.com.au's service, including any moneys or debt owing by the User to TradingAs.com.au, is to be made in Qld [and TradingAs.com.au agrees that if the User pays TradingAs.com.au by credit or debit card or PayPal (and without any subsequent reversal, refund or chargeback or the like), the User will be deemed to have complied with this clause].
  23. The User agrees that this agreement, and any other agreement or contract between the User and TradingAs.com.au, is deemed to have been made in Qld, and that any breach of this agreement, and any claim or cause of action arising between the User and TradingAs.com.au in relation to this agreement, is deemed to have occurred or arisen as the case may be in Qld.
  24. The User understands and acknowledges that TradingAs.com.au does not offer its services to persons under the age of 18 years, nor in respect of business names where the proposed registered holder is under the age of 18 years, and the User warrants that the User is not under the age of 18 years and that the proposed registered holder of the business name is not under the age of 18 years.
  25. These Terms and Conditions cover the entire understanding and agreement between the User and TradingAs.com.au with respect to their subject matter.

  26. Definitions and Interpretation

    'Person' and 'person' are used in their widest legal sense and include, without limitation, a company.

    'User' includes a person viewing or using this website, including any links from this website, either wholly or in part, and either directly, indirectly or by an agent, and includes a person whose credit/debit card or PayPal account is used in conjunction with this website.

    'TradingAs.com.au', ‘we’ and ‘us’ includes, without limitation, TradingAs.com.au, TransferBusinessName.com.au, its managers, owners, directors, secretaries, operators, employees and agents and any persons associated with them including, without limitation, company directors and secretaries and, if applicable and where the context requires it, any or all of its affiliates, co-branders or assigns.

    ‘Transfer’ includes a cancellation of the registration of a business name on the ASIC maintained Register of Business Names in the name of the transferor, and a re-registration of the business name on the ASIC maintained Register of Business Names in the name of the transferee.

    The singular includes the plural and the plural includes the singular.

    The masculine includes the feminine.

    If there is any conflict between anything in these Terms and Conditions and anything in the rest of the TradingAs.com.au website, these Terms and Conditions will prevail.

    These Terms and Conditions are not to be interpreted adversely to TradingAs.com.au solely because TradingAs.com.au prepared them.