Terms and Conditions

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TERMS & CONDITIONS OF ENGAGEMENT AND WEBSITE USE

Tradewise Solutions Pty Ltd
Last updated: September 2026

1. About these Terms

These Terms & Conditions apply to services provided by Tradewise Solutions Pty Ltd (Tradewise Solutions, we, us or our) and, where relevant, to use of our website.

A reference to you or your means the person or entity engaging us or using our website.

These Terms are intended to be read together with:

  • any engagement letter, proposal, scope of work or service agreement issued to you;
  • our Privacy Policy;
  • any privacy collection notice provided to you;
  • any specific client authority or declaration;
  • any specific terms applying to a particular service; and
  • any other document expressly incorporated into your engagement.

If there is an inconsistency between these Terms and a specific engagement letter or written scope agreed with you, the specific engagement terms prevail to the extent of that inconsistency.

The TPB recommends engagement letters even for straightforward tax-agent services because they help establish scope, fees and expectations and support compliance with the Code of Professional Conduct.

2. Our professional status and obligations

Where applicable to the services provided, Tradewise Solutions operates subject to professional and regulatory obligations applying to registered tax practitioners and professional accountants.

These may include obligations arising under:

  • the Tax Agent Services Act 2009 (Cth);
  • the Tax Agent Services (Code of Professional Conduct) Determination 2024;
  • the TPB Code of Professional Conduct;
  • applicable taxation legislation;
  • the Privacy Act 1988 (Cth) and Australian Privacy Principles;
  • the Privacy (Tax File Number) Rule 2015;
  • the Corporations Act 2001 (Cth) where relevant;
  • ASIC registered-agent requirements where we act in that capacity;
  • the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and Rules where applicable;
  • relevant APES professional and ethical standards; and
  • other applicable Commonwealth or State legislation.

APES 110 identifies integrity, objectivity, professional competence and due care, confidentiality and professional behaviour as fundamental principles applying to professional accountants.

Nothing in these Terms reduces any obligation imposed on us by law or by a binding professional standard.

3. Scope of our engagement

We will provide only the services set out in the applicable engagement letter, proposal, written scope of work or other written agreement.

Our engagement does not automatically extend to other services merely because:

  • information relevant to another matter comes to our attention;
  • we have provided that service to you in an earlier year;
  • a deadline arises outside the agreed scope;
  • another entity or individual associated with you requires assistance; or
  • additional work becomes necessary as a consequence of the original engagement.

If additional work is required, we may discuss an expanded scope and any additional fees with you before undertaking material additional work.

Unless expressly agreed, we are not responsible for monitoring every legal, regulatory, taxation, ASIC or other deadline applicable to you.

4. No legal, financial-product or investment advice unless expressly engaged and authorised

Our accounting and taxation services do not constitute legal advice.

We will not provide legal services unless those services are provided by an appropriately qualified and authorised legal practitioner under a separate arrangement.

Similarly, information concerning investments, superannuation, finance or financial products does not constitute personal financial-product advice unless such advice is expressly provided under an appropriate legal and licensing framework.

Where a matter requires specialist legal, financial, actuarial or other professional advice, we may recommend that you obtain advice from an appropriately qualified professional.

5. Your rights as a tax-practitioner client

Where we provide tax-agent or BAS services, we are subject to the TPB Code of Professional Conduct.

Among other things, registered tax practitioners are required to:

  • act honestly and with integrity;
  • act lawfully in the client’s best interests;
  • appropriately manage conflicts of interest;
  • maintain confidentiality, subject to legal duties;
  • provide services competently;
  • take reasonable care in ascertaining relevant client circumstances;
  • take reasonable care in applying taxation laws;
  • advise clients of relevant rights and obligations;
  • maintain proper client records; and
  • maintain appropriate supervision and quality-management arrangements.

The current TPB Code expressly contains these obligations.

TPB Register

The Tax Practitioners Board maintains a public register of registered tax and BAS practitioners.

You may search the register through the TPB website to confirm the registration status of a tax practitioner.

[Tradewise: insert direct link to your TPB registration record if desired.]

TPB complaints

If you are dissatisfied with a tax-agent service, you may raise the matter with us using our complaints procedure.

You may also make a complaint to the Tax Practitioners Board through the TPB complaints process.

The TPB now requires current and prospective clients to be informed about the TPB Register, TPB complaints process and general client/practitioner rights and obligations.

Prescribed matters or events

Where the Tax Agent Services Code requires us to notify you of a prescribed matter or event concerning our registration or professional status, we will provide that notification in the manner required by law.

I would not add a statement saying Tradewise has “no prescribed events” unless that is separately verified immediately before publication.

6. Your responsibilities

You remain responsible for your financial, business and taxation affairs.

You must:

  • provide information that is complete, accurate and not misleading;
  • disclose all information reasonably relevant to the services we provide;
  • respond to our requests for information within a reasonable timeframe;
  • review documents we provide to you before approving or signing them;
  • notify us promptly if information previously supplied changes or is discovered to be incorrect;
  • maintain records required by law;
  • meet payment obligations under our engagement; and
  • obtain specialist advice where we inform you that an issue falls outside our engagement or expertise.

You must not ask or instruct us to prepare, make or lodge information that you know is false or misleading.

The TPB Code Determination prohibits registered tax practitioners from making or preparing statements they know, or ought reasonably to know, are materially false or misleading.

If adequate information is not provided, we may be unable to complete the engagement or may be required to delay, suspend or cease work.

7. Reasonable care and verification

We are required to exercise reasonable care when providing tax-agent services.

This includes reasonable care in:

  • ascertaining your relevant state of affairs; and
  • ensuring that taxation laws are correctly applied to the circumstances on which we advise or act.

Accordingly, we may ask questions or request supporting documents even where information:

  • has been pre-filled by the ATO;
  • was supplied previously;
  • appears in accounting software;
  • was supplied by another adviser; or
  • appears in third-party records.

We are not required to accept information without enquiry where professional standards, taxation law, regulatory obligations or the circumstances require further verification.

8. Client declarations and authority to lodge

Before we lodge an approved form with the Commissioner of Taxation on your behalf, you must provide any declaration required by law.

For relevant ATO lodgments, the client declaration must confirm both:

  • that you authorise us to lodge the document; and
  • that the information in the document is true and correct.

The ATO confirms that a separate client declaration is required for each relevant tax return, activity statement or other approved form and cannot simply be replaced by a blanket declaration covering all future lodgments.

Accordingly, acceptance of these Terms does not itself authorise every future tax return or document to be lodged.

We will obtain the specific declaration or authority required for the relevant lodgment.

This is an important correction to your old Terms, which attempted to combine acceptance of website Terms with a broad authority to lodge an income tax return.

9. Access to ATO, ASIC and other government systems

Where required for an engagement and properly authorised, you authorise us to access relevant information held by government agencies through authorised professional channels.

This may include information held by:

  • the ATO;
  • ASIC;
  • Australian Business Registry Services; or
  • another authority relevant to the service.

Access does not mean that information held by the relevant agency is necessarily complete or correct.

We may ask you to verify pre-filled or government-held information.

10. Record-keeping obligations

You are responsible for keeping records required under applicable taxation and other laws.

The applicable period varies according to the type of record, transaction and taxpayer. You should therefore not assume that a single five-year period applies to every record.

We may advise you regarding specific record-keeping obligations relevant to an engagement, but you remain responsible for retaining your source records unless we have expressly agreed in writing to maintain particular records for you.

The previous Terms stated broadly that all individual and business records must be retained for five years after lodgment. That is too general for a modern engagement document.

11. Our professional records

We are required to maintain records relating to tax-agent and BAS services we provide.

Current TPB requirements provide that relevant client-service records must generally:

  • correctly record the nature, scope and outcome of services;
  • identify information and advice considered;
  • include relevant advice given and received; and
  • be retained for at least five years after the service is provided.

Our records may include engagement terms, correspondence, calculations, file notes, advice, authorities, verification records and evidence of work undertaken.

12. Safe-harbour provisions

The taxation law contains safe-harbour provisions under which a taxpayer using a registered tax or BAS agent may, in certain circumstances, not be liable for specified administrative penalties.

Safe harbour is not automatic.

Among other requirements, its availability can depend on whether the taxpayer gave the registered practitioner all relevant taxation information necessary for the relevant statement to be correctly prepared.

The TPB describes the protection as applying only to certain administrative penalties and circumstances.

Nothing in these Terms guarantees that safe harbour will apply to you.

13. Estimates, judgments and uncertain taxation positions

Accounting and taxation work may require:

  • estimates;
  • assumptions;
  • professional judgment;
  • interpretation of legislation;
  • application of ATO guidance;
  • consideration of case law; or
  • treatment of issues on which more than one reasonably arguable position may exist.

Where relevant, we may explain material assumptions, risks or alternative treatments.

Tax law and administrative practice may also change after advice has been provided.

Unless otherwise agreed, we are not responsible for updating previous advice solely because the law, ATO practice, judicial interpretation or your circumstances later change.

14. ATO reviews, audits and amendments

Preparation or lodgment of a return or statement does not guarantee that the ATO will accept every amount or treatment.

The ATO may:

  • verify information;
  • request documents;
  • review or audit a matter;
  • amend an assessment;
  • impose interest or penalties; or
  • take another action authorised by law.

Our standard preparation or lodgment fee does not include assistance with an ATO review, audit, objection, amended assessment, dispute or investigation unless expressly included in the engagement.

If such work is required, we may provide a separate scope and fee.

Unlike your existing Terms, I would not include a blanket clause discharging Tradewise and its staff from all liability arising from any audit or investigation. Your existing document currently contains such a broad provision. A blanket exclusion can create professional and Australian Consumer Law issues.

15. Interest and penalties

You remain responsible for tax, superannuation, interest, penalties and other amounts legally payable by you.

Depending on the circumstances, the ATO may impose:

  • general interest charge;
  • shortfall interest charge;
  • administrative penalties; or
  • other statutory charges.

We do not guarantee remission of interest or penalties.

Where an error or delay resulted from our work, our responsibility will be determined having regard to the applicable law, professional standards and the circumstances rather than by an automatic exclusion of liability.

16. Objections, appeals and time limits

Rights to object to taxation decisions are subject to statutory time limits, which vary according to the decision and circumstances.

Unless objection or dispute work is expressly within our engagement, you should not assume that we are monitoring or acting on an objection deadline.

If you receive an assessment, amended assessment, review letter, audit correspondence or other government notice that you want us to consider, you should send it to us promptly.

17. Fees

Our fees will be determined by the applicable:

  • engagement letter;
  • proposal;
  • fixed-fee agreement;
  • subscription;
  • hourly rate;
  • quotation; or
  • other written fee arrangement.

Unless expressly stated otherwise, fees are exclusive of GST.

Additional fees may apply where:

  • the scope changes;
  • information supplied is materially incomplete or requires reconstruction;
  • significant bookkeeping or reconciliation work is required;
  • prior-period errors must be investigated or corrected;
  • an additional return, schedule, entity or lodgment is required;
  • the engagement becomes materially more complex than reasonably anticipated; or
  • work outside the agreed scope is requested.

Where practicable, we will notify you before undertaking material additional work that will result in additional fees.

18. Disbursements and third-party costs

You may also be responsible for agreed third-party or government costs incurred on your behalf, such as:

  • ASIC fees;
  • company-registration fees;
  • searches;
  • specialist reports;
  • software charges specifically attributable to an engagement; or
  • other agreed disbursements.

We will not incur material discretionary third-party costs on your behalf without appropriate authority.

19. Payment terms

Invoices are payable by the date stated on the invoice or under the payment arrangements set out in your engagement.

If an invoice remains unpaid, we may, subject to our professional and legal obligations:

  • request payment;
  • suspend work that has not yet been completed;
  • decline new work;
  • terminate the engagement; or
  • take reasonable steps to recover the amount owing.

We will not exercise a contractual right in a manner inconsistent with applicable law or our professional obligations.

20. Refunds and cancellation

Fees are charged for professional work undertaken and services supplied.

If an engagement is cancelled before completion, you may remain liable for:

  • work reasonably performed up to the cancellation date;
  • authorised disbursements; and
  • other amounts properly payable under the engagement.

Where we have received payment for work that is not performed, the appropriate treatment will depend on the circumstances and applicable law.

Nothing in these Terms excludes or restricts any non-excludable right or remedy available under the Australian Consumer Law or another applicable law.

This replaces the old blanket-style refund provision. The ACCC confirms that unfair terms in consumer and small-business standard-form contracts are prohibited and can attract penalties.

21. Tax refunds and client money

Where we have expressly agreed to receive a tax refund or other money on your behalf, the money may be held on trust for you.

Where money is held on trust, we will account for it in accordance with our legal and professional obligations.

If you separately and expressly authorise us in writing to deduct an amount owing to us from a tax refund held on your behalf, we may apply the authorised amount to an invoice and remit the remaining balance to the nominated account.

The TPB confirms that tax refunds received by a tax practitioner on behalf of clients can constitute money held on trust and that the practitioner must account for that money. It specifically recommends that treatment of refund money and any fee deduction be documented in engagement terms.

Without a contrary agreement or exceptional circumstances, TPB guidance expects client refund monies held on trust to be passed on promptly, generally within 14 days.

Important: the actual authority to deduct fees from a refund should also appear in the specific engagement/authority process rather than relying solely on a general website clause.

22. AML/CTF obligations

From 1 July 2026, AML/CTF requirements apply to relevant designated professional services provided by accountants and other professional-service businesses.

Where a service we provide is a designated service, we may be legally required to undertake AML/CTF procedures before or during the engagement.

These may include:

  • customer identification and verification;
  • identifying beneficial owners;
  • identifying persons acting for a client and verifying their authority;
  • assessing customer risk;
  • identifying politically exposed persons where required;
  • targeted-financial-sanctions screening;
  • understanding the nature and purpose of the engagement;
  • obtaining information concerning source of funds or source of wealth where required;
  • ongoing customer due diligence;
  • enhanced customer due diligence; and
  • regulatory reporting and record keeping.

AUSTRAC confirms that professional-services reporting entities are subject to full AML/CTF requirements, including programs, CDD, reporting and record keeping, from 1 July 2026 where they provide relevant designated services.

23. Information required for AML/CTF purposes

You agree to provide information and documents reasonably requested by us to enable compliance with applicable AML/CTF obligations.

This may include information concerning:

  • identity;
  • beneficial ownership;
  • control of entities;
  • persons acting on behalf of an entity;
  • purpose of a transaction or structure;
  • source of funds;
  • source of wealth; or
  • other risk-relevant matters.

For a designated service, AUSTRAC generally requires initial CDD matters to be established on reasonable grounds before service begins, subject to limited delayed-CDD exceptions.

If we cannot satisfactorily complete required CDD, we may be legally unable to commence or continue the relevant designated service.

24. Regulatory reporting and confidentiality restrictions

We may be legally required to provide information to AUSTRAC or another government or regulatory authority.

Where a legal reporting obligation applies, we may make the required disclosure without seeking additional consent from you.

In some circumstances, the law may also restrict what we are permitted to tell you about a regulatory report or investigation.

AUSTRAC confirms that disclosure of information concerning a suspicious matter report may constitute the criminal offence of tipping off where the disclosure could reasonably prejudice an investigation.

Nothing in these Terms requires us to disclose information where doing so would breach the law.

25. Privacy and confidentiality

We handle personal information in accordance with our Privacy Policy and applicable privacy law.

Separately, where we provide tax-agent services, TPB Code item 6 prohibits disclosure of information relating to a client’s affairs to a third party without the client’s permission unless there is a legal duty to disclose it.

Professional confidentiality may continue after our engagement ends.

26. Cloud services, contractors and outsourcing

We use technology and third-party service providers in operating a modern accounting practice.

Depending on the services and systems involved, this may include providers of:

  • accounting software;
  • tax software;
  • cloud storage;
  • practice management;
  • document management;
  • secure portals;
  • electronic signatures;
  • identity verification;
  • email and communications;
  • website services;
  • cybersecurity;
  • backup services; or
  • information-technology support.

Under the TPB confidentiality rules, outsourced service providers and even cloud-storage providers can constitute third parties. The TPB therefore expects appropriate disclosure and client permission where required.

Any specific permission required for disclosure of your affairs to an external provider should therefore be dealt with through our engagement and privacy processes.

I would not name individual software providers in these general Terms unless you deliberately want to maintain that list whenever your systems change.

27. Overseas processing

Where information may be disclosed to or processed by an overseas recipient, we will deal with that information in accordance with applicable privacy and professional obligations.

Where required, details of likely overseas disclosures will be addressed in our Privacy Policy, collection notice or engagement documentation.

We will not represent that all information is stored or processed solely in Australia unless that statement has been independently verified against the technology systems actually used by the practice.

28. Identity verification

We may require proof of identity or authority before:

  • accepting an engagement;
  • accessing government records;
  • changing bank details;
  • acting on instructions;
  • lodging documents;
  • releasing confidential information; or
  • providing a designated service under AML/CTF legislation.

We may refuse to act on an instruction until reasonably satisfied as to identity and authority.

29. Electronic communications

You authorise us to communicate with you using agreed electronic channels such as:

  • email;
  • secure portal;
  • telephone;
  • SMS;
  • video conference; or
  • other agreed electronic systems.

Electronic communication involves inherent risks, including interception, misdirection, malware, impersonation and fraud.

Both parties should take reasonable precautions when communicating electronically.

We may independently verify unusual or high-risk instructions, particularly requests involving:

  • changes to bank-account details;
  • transfers of funds;
  • release of sensitive information; or
  • changes to authorised representatives.

30. Cybersecurity and fraudulent instructions

You should not rely on an email purporting to change our bank-account details without independently verifying the change with us through a known contact method.

Similarly, we may contact you to verify payment or banking instructions before acting on them.

Neither party should knowingly transmit malicious software or attempt unauthorised access to the other’s information systems.

31. Artificial intelligence and technology-assisted work

We may use approved technology-assisted tools in providing or administering services where appropriate.

Use of technology does not reduce our professional obligations.

Where use of an external technology service would involve disclosure of client information, we will consider applicable confidentiality, privacy and professional requirements before making that disclosure.

We remain responsible for exercising appropriate professional judgment, competence and supervision over work performed on our behalf.

32. Reliance on third-party information

In performing services, we may rely on information supplied by:

  • you;
  • your employees;
  • your bookkeeper;
  • financial institutions;
  • government agencies;
  • another adviser; or
  • another authorised source.

We will apply the level of enquiry and reasonable care required by our professional obligations.

However, we are not responsible for inaccuracies caused solely by material information that was withheld, omitted or misrepresented to us and which we could not reasonably have identified when exercising the level of care required of us.

33. Conflicts of interest

We maintain processes for identifying and managing actual or potential conflicts of interest.

Where a relevant conflict arises, we may:

  • disclose the conflict where appropriate;
  • seek informed consent where permitted;
  • implement safeguards;
  • limit the scope of work; or
  • decline or cease to act.

The TPB Code requires registered tax practitioners to have adequate arrangements for management of conflicts of interest.

Professional or legal obligations may require us to cease acting even where a client would prefer us to continue.

34. Multiple clients and related entities

Where we act for more than one individual or entity within a group, family, partnership, trust, company structure or transaction, the identity of each client and the scope of our duties will be determined by the engagement.

Information relating to one client will not automatically be disclosed to another related person or entity merely because they are associated.

This is particularly important because the TPB treats another entity in the same business or service structure as a third party unless the engagement appropriately defines the client more broadly.

35. Referrals and other professionals

We may refer you to lawyers, financial advisers, finance brokers or other specialists where appropriate.

Unless expressly agreed otherwise:

  • the third-party adviser is independently responsible for their services;
  • you are responsible for deciding whether to engage them; and
  • their engagement is separate from ours.

Where a referral arrangement involves any material benefit or conflict requiring disclosure under applicable professional standards, we will make the required disclosure.

36. Service timeframes

Any estimated completion date is based on circumstances reasonably known when the estimate is provided.

Timeframes can be affected by:

  • delays in receiving client information;
  • government-system outages;
  • ATO or ASIC processing;
  • third-party providers;
  • regulatory enquiries;
  • verification requirements;
  • changes to scope; or
  • circumstances outside our reasonable control.

We will use reasonable efforts to provide services within agreed or reasonable timeframes, subject to those matters.

We will not promise a particular ATO processing or refund timeframe.

Your old Terms state that the ATO aims to process electronically lodged returns within two weeks. I would remove that from contractual Terms because operational processing timeframes change and are controlled by the ATO, not Tradewise.

37. Suspension or termination by you

You may terminate our engagement by giving us written notice.

Termination does not affect rights or obligations already accrued, including payment for properly performed work and authorised expenses.

We will take reasonable steps required by our professional obligations when transferring or concluding an engagement.

38. Suspension or termination by us

Subject to applicable law and professional obligations, we may suspend or terminate an engagement where, for example:

  • required information is not provided;
  • fees remain materially overdue;
  • we cannot obtain required client authority;
  • we cannot complete required identity or AML/CTF checks;
  • you request us to act unlawfully or unethically;
  • information supplied appears materially false or misleading and cannot satisfactorily be resolved;
  • a conflict cannot appropriately be managed;
  • the relationship of professional trust has materially broken down;
  • continuation would breach a professional or legal obligation; or
  • another reasonable basis exists making continued engagement inappropriate.

Where practicable and lawful, we will communicate the termination or suspension.

Nothing requires us to disclose a reason where disclosure itself would breach law, including applicable AML/CTF restrictions.

39. Transfer to another accountant or adviser

If you appoint another professional adviser, we will cooperate with an appropriately authorised transfer in accordance with our professional obligations.

We may require written authority before releasing confidential client information.

Client-owned original documents will be dealt with according to applicable legal and professional obligations.

The TPB recognises that original documents supplied by a client remain the client’s property and should be returned in a timely way rather than improperly withheld.

40. Complaints

If you are dissatisfied with our services, please first contact us so that we can investigate the matter.

Complaints may be submitted to:

Tradewise Solutions Pty Ltd
105/566 St Kilda Road
Melbourne VIC 3004
Australia

Email: info@tradewises.com.au
Telephone: 1300 240 100

We will consider complaints objectively and respond within a reasonable timeframe.

Depending on the matter, you may also have rights to contact:

  • the Tax Practitioners Board;
  • the Office of the Australian Information Commissioner;
  • ASIC;
  • AUSTRAC;
  • CA ANZ or another relevant professional body; or
  • another applicable regulator or dispute-resolution body.

The existence of this internal complaints process does not remove any external complaint right available by law.

41. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or another applicable law.

Where liability can lawfully be limited, any limitation will operate only to the extent permitted by law.

I would not put a sweeping “we accept no responsibility” clause into your engagement terms. Your existing disclaimer currently uses that sort of formulation.

That approach is unnecessarily risky in a professional-services agreement, particularly given the unfair-contract-term regime applicable to standard-form consumer and small-business contracts.

42. Professional indemnity and limitation schemes

We maintain professional indemnity insurance as required by applicable professional and regulatory obligations.

I have intentionally not included wording such as “Liability limited by a scheme approved under Professional Standards Legislation.”

That wording should only be inserted once you verify that Tradewise and the relevant practitioner are actually covered by an applicable CA ANZ Professional Standards Scheme and that the required disclosure wording applies.

This is exactly the kind of provision I would not include merely because it is common on accounting-firm websites.

43. Website information

Information on our website is provided for general informational purposes.

Although we take reasonable steps to keep website information accurate and current, it:

  • is not tailored to your personal circumstances;
  • may summarise complex laws;
  • may become outdated as laws or administrative practices change; and
  • should not be treated as a substitute for professional advice relevant to your circumstances.

No professional-client relationship is created merely because you access or read website content.

44. Calculators, checklists and examples

Website calculators, tax checklists, examples, guides, FAQs and similar materials are general tools only.

Results may depend on assumptions and may not take account of:

  • your complete circumstances;
  • eligibility conditions;
  • legislative exceptions;
  • thresholds;
  • timing rules;
  • interactions with other tax provisions; or
  • subsequent changes in law.

You should obtain professional advice before making material financial or taxation decisions based on such content.

45. Third-party websites

Our website may contain links to websites operated by third parties.

A link does not necessarily constitute endorsement of:

  • the third party;
  • its services;
  • its security; or
  • its privacy practices.

Third-party websites are governed by their own terms and policies.

46. Intellectual property

Unless otherwise stated, copyright and other intellectual-property rights in original content created for the Tradewise Solutions website are owned by Tradewise Solutions or used under appropriate licence.

You may access website content for ordinary personal or business-reference purposes.

You must not reproduce, republish, commercially exploit or materially modify protected content without permission where permission is legally required.

Nothing in this clause claims ownership of third-party material, government material, trademarks or other content that we merely use under licence or applicable law.

47. Website security and acceptable use

You must not knowingly:

  • attempt unauthorised access to our systems;
  • introduce malware or malicious code;
  • interfere with website operation;
  • scrape or extract information in a manner prohibited by law;
  • attempt to bypass security controls; or
  • use our website for unlawful purposes.

48. Privacy

Use of our website and handling of personal information are also governed by our Privacy Policy and any relevant privacy collection notice.

The Privacy Policy should be read together with these Terms but remains a separate document.

49. Changes to website Terms

We may update provisions governing general use of our website from time to time.

The current version will be displayed on our website with its last-updated date.

Changes to the substantive terms of an existing professional engagement will not automatically bind you merely because website Terms are changed. Where an existing engagement requires a contractual variation, we will deal with that variation in accordance with the applicable agreement and law.

This is a deliberate replacement for the old provision saying you are deemed to accept amended Terms merely by using the service after publication.

50. Entire engagement

Our professional relationship with you consists of the documents that expressly form the engagement, which may include:

  • the engagement letter;
  • proposal or scope of work;
  • these Terms;
  • specific service terms;
  • client authorities;
  • applicable privacy notices; and
  • any written variation agreed between us.

Marketing material or general website content does not override a specific written engagement.

51. Severability

If a provision of these Terms is found to be invalid or unenforceable, that provision will be read down to the extent permitted by law or, if necessary, severed.

The remaining provisions continue to operate to the extent legally possible.

52. Governing law

These Terms and our engagements are governed by the laws applicable in Victoria, Australia, unless the applicable engagement expressly provides otherwise.

The parties submit to the jurisdiction of the courts and tribunals competent to hear the relevant matter.

This clause does not prevent a consumer or other person from exercising a statutory right concerning jurisdiction that cannot lawfully be excluded.

53. Contact

Questions concerning these Terms may be directed to:

Tradewise Solutions Pty Ltd
105/566 St Kilda Road
Melbourne VIC 3004
Australia

Telephone: 1300 240 100
Email: info@tradewises.com.au

Website: tradewises.com.au

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