Terms and Conditions
About these Terms
These Website Terms and Conditions ("Terms") govern your access to and use of the website located at moduspartners.com.au and any subdomains (the "Website"). The Website is operated by Modus Partners Advisory Pty Ltd, 29 697 007 300 , trading as Modus Partners ("Modus", "we", "us" or "our").
These Terms should be read together with our Privacy Policy and Disclaimer, both of which are available on the Website.
Acceptance of these Terms
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.
If you use the Website on behalf of an organisation, you warrant that you are authorised to bind that organisation to these Terms, and references to "you" in these Terms include both you personally and the organisation you represent.
Permitted use of the website
3.1 What you may do
You may access and use the Website for lawful personal or business purposes, including reading our content, learning about our services, contacting us through forms, subscribing to communications, and downloading material we make available for download.
3.2 What you must not do
You must not use the Website in any way that:
• Is unlawful, fraudulent or has any unlawful or fraudulent purpose
• Infringes our intellectual property rights or those of any third party
• Defames, harasses, threatens or otherwise harms any person
• Interferes with the operation of the Website or the systems supporting it
• Attempts to gain unauthorised access to any part of the Website, our systems, or the systems of any third party
• Transmits viruses, malware or any other malicious code
• Collects or harvests personal information about other users
• Uses automated means (including bots, scrapers or crawlers) to access the Website, other than search engines complying with our robots.txt file
• Resells, redistributes or commercially exploits any content from the Website without our written permission
Information on the website is general only
All content on the Website — including articles, guides, case studies, FAQs, calculators, downloadable materials and any other content — is provided for general information purposes only. It is not professional advice and must not be relied upon as such.
In particular, content on the Website does not constitute:
• Tax advice or tax agent services (within the meaning of the Tax Agent Services Act 2009)
• Credit advice, credit assistance or a recommendation about any credit product (within the meaning of the National Consumer Credit Protection Act 2009)
• Financial product advice or financial services (within the meaning of the Corporations Act 2001)
• Legal advice
• A recommendation to take any specific action
Tax laws, credit laws, financial regulations and other rules referred to on the Website change frequently and may have changed since content was published. The application of those laws and rules to your particular circumstances can only be assessed with full information about you and after a formal engagement is in place.
You should not act, or refrain from acting, on the basis of anything on the Website without obtaining specific professional advice about your own circumstances. Our Disclaimer (available on the Website) sets out this position in more detail.
No professional engagement created
Your use of the Website does not create:
• A client / accountant relationship
• A client / tax agent relationship
• A client / credit assistance provider relationship
• Any other professional or fiduciary relationship between you and Modus
Such a relationship is only established once we have agreed in writing to act for you, you have signed an engagement letter and any required authorities, and we have undertaken any identity verification required by law. Submitting an enquiry through the Website is not in itself sufficient to engage us.
Intellectual property
6.1 Our intellectual property
All content on the Website — including text, graphics, photographs, logos, layouts, icons, audio, video, downloadable files, and the design and arrangement of those items — is owned by, or licensed to, Modus and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).
6.2 Limited licence to use content
We grant you a limited, non-exclusive, non-transferable, revocable licence to:
• View content on the Website on a device you own or control
• Print or save a reasonable number of copies of articles, guides and downloadable resources for your own personal or internal business reference
• Share links to pages on the Website
This licence does not permit you to:
• Modify, adapt, translate or create derivative works from the content
• Reproduce, republish, copy, distribute, transmit, sell or commercially exploit the content
• Frame, mirror or embed the Website on any other site without our prior written permission
• Remove, alter or obscure any copyright, trademark or other proprietary notices
Any use beyond this limited licence requires our prior written permission. Requests should be sent to admin@moduspartners.com.au
Trademarks
"Modus Partners", the Modus Partners logo, and any associated taglines and visual identity elements are trademarks of Modus Partners Advisory Ptd Ltf, whether registered or otherwise. Other trademarks, service marks, logos and trade names appearing on the Website are the property of their respective owners.
Nothing on the Website should be read as granting you a licence or right to use any of our trademarks or those of any third party.
Your submissions, enquiries and feedback
8.1 Information you provide
When you submit information to us through the Website — for example, through a contact form, an enquiry, a booking request or a subscription — you warrant that the information you provide is accurate, complete and not misleading, and that you have authority to provide any information that relates to a third party.
8.2 How we handle your enquiry
Enquiries submitted through the Website are reviewed by our team during business hours. We aim to respond within one Australian business day, but response times may be longer at busy periods or during tax season. Submission of an enquiry does not create an engagement (see Section 5).
8.3 Feedback
If you provide us with comments, suggestions, ideas or other feedback about the Website or our services ("Feedback"), you grant us a perpetual, worldwide, royalty-free, transferable licence to use that Feedback for any purpose, including improving our services. You waive any moral rights you may have in the Feedback to the extent permitted by law.
Please do not send us confidential or proprietary information as unsolicited Feedback. If you have confidential information you would like us to consider, please contact us first to discuss how it should be shared.
Links to and from other websites
The Website may contain links to third-party websites, services or resources operated by parties other than Modus. We provide those links for your convenience only. We do not control those third-party sites, do not endorse them, and are not responsible for their content, products, services or privacy practices.
Accessing third-party sites is at your own risk. We recommend you review the terms and privacy policy of any third-party site before using it.
Privacy
Our handling of personal information you provide to us through the Website is governed by our Privacy Policy, available at moduspartners.com.au/privacy. By using the Website you acknowledge that you have read and understood our Privacy Policy.
Security and viruses
We take reasonable measures to maintain the security of the Website. However, no website or internet transmission is completely secure. You access and use the Website at your own risk.
We do not warrant that the Website or any files made available through it are free from viruses, worms, trojans or other harmful components. You are responsible for using and maintaining your own up-to-date security and anti-virus software.
Do not send us sensitive information (such as Tax File Numbers, full bank account details or copies of identity documents) through general website forms or unencrypted email. We will provide you with a secure way to share sensitive information once an engagement is in place.
Linking to our website
You may link to the Website from your own website or other public materials, provided that:
• You link only to the homepage or to publicly accessible pages
• You do not frame the Website or otherwise present it as part of your own site
• You do not imply any sponsorship, endorsement or commercial relationship that does not exist
• Your site is not unlawful, defamatory, infringing or otherwise objectionable
Availability of the website
We aim to keep the Website available at all times but do not guarantee that it will be available without interruption, error-free, or compatible with every browser or device. The Website may be temporarily unavailable due to maintenance, upgrades, technical issues, or circumstances beyond our control.
Disclaimer of warranties
To the maximum extent permitted by law, the Website and all content, information and materials available through it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory.
We do not warrant that:
• The Website or its content will be accurate, complete, current, reliable, error-free or uninterrupted
• Any defects in the Website will be corrected
• The Website or the servers that make it available are free of viruses or other harmful components
• Results obtained from using the Website will meet your requirements
This Section does not exclude or limit any guarantees, warranties, rights or remedies that you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) or any other law that cannot lawfully be excluded or limited.
Limitation of liability
15.1 Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer right, guarantee, warranty or remedy that you have under the Australian Consumer Law or any other law that cannot be lawfully excluded, restricted or modified. Where our liability cannot be excluded but can be limited under the Australian Consumer Law, our liability is limited (at our option) to:
• In the case of services, the supplying of the services again or the payment of the cost of having the services supplied again
• In the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacement, equivalent supply or repair
15.2 Other liability
Subject to Section 15.1 and to the maximum extent permitted by law, we will not be liable to you for any loss, damage, cost or expense (including loss of profits, loss of revenue, loss of business, loss of data, loss of opportunity, or any indirect or consequential loss) arising out of or in connection with:
• Your use of, or inability to use, the Website
• Any reliance on content available through the Website
• Any interruption, error, defect or delay in the Website
• Any virus, malware or harmful component that may be transmitted through the Website
• Any unauthorised access to or interception of data transmitted to or from the Website
• Any action or decision taken by you in reliance on content on the Website
Professional Standards Scheme
Our liability is limited by a scheme approved under Professional Standards Legislation. The scheme caps the civil liability of participating members in respect of professional services. Information about the scheme is available from the Professional Standards Councils at psc.gov.au.
The scheme applies to the professional services we provide as members of Chartered Accountants Australia and New Zealand. It does not limit liability for credit assistance services, which are regulated separately under the National Consumer Credit Protection Act 2009.
Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless Modus and its directors, employees and contractors from and against any losses, claims, damages, liabilities and expenses (including reasonable legal costs) arising out of or in connection with:
• Your breach of these Terms
• Your use of the Website in breach of these Terms or applicable law
• Any content you submit through the Website that infringes the rights of another person
• Your negligent or wrongful conduct in connection with the Website
Termination of access
• You have breached these Terms
• You are using the Website in a way that may harm Modus, other users or any third party
• Suspension is required to comply with the law or a regulator's direction
• Suspension is necessary to maintain the security or integrity of the Website
The provisions of these Terms that are capable of operating after termination — including Sections 6 (Intellectual property), 14 (Disclaimer), 15 (Limitation of liability), 17 (Indemnity), 19 (Governing law), and any provisions of these Terms imposing obligations on you that have accrued before termination — survive termination.
Governing law and jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them in respect of any proceedings concerning these Terms or your use of the Website.
Severability and waiver
If any provision of these Terms is found to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision is to be read down to the extent necessary to give it valid operation, or, if it cannot be read down, severed from these Terms. The remaining provisions continue in full force and effect.
A failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver is only effective if it is in writing and signed by us.
Changes to these Terms
We may amend these Terms at any time by posting the updated Terms on the Website. The updated Terms take effect from the date posted. The current version of the Terms will always be available on the Website.
Your continued use of the Website after Terms are updated constitutes acceptance of the updated Terms. If you do not agree to amended Terms, you must stop using the Website.
Contact us
Modus Partners Advisory Ptd Ltd