About this website

The Stealth accountant Pty Ltd website located at https://www.stealthaccountants.com.au/ is a copyrighted work belonging to Stealth accountant Pty ltd (ABN 52 169 491 338) certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features. these website terms of use (“terms of use”) and the associated privacy statement (“privacy policy”) govern your access to and use of the website. you should read these terms of use and the privacy policy carefully before using this website.  the materials on the website are provided by Stealth accountant Pty Ltd as a service to its customers and may be used for informational purposes only. the following terms and conditions govern all use of the site, all of the materials, documents, text, images, graphics, animation, videos, software and other information and content included in or available at the site and the services available at the site (taken together with the site and the content, the service. the service is owned and operated by Stealth accountant Pty Ltd. the service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Stealth accountant Pty Ltd (collectively, the “terms of use”). the service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. if you do not so qualify, do not attempt to register for or use the service. Stealth accountant Pty Ltd may refuse to offer the service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion. if you do not agree to all of these terms of use, then do not access or use the service.

By viewing or using all or any part of the service, downloading any content or by completing the registration process, you agree to be bound by all of these terms of use.

Access to the site

The website is available for your use only on condition that you agree to these terms of use. by accessing/using the website, you are signifying that you agree to be bound by these terms.

Subject to these terms. company grants you a non-transferable, non-exclusive, revocable, limited license to access the site solely for your own personal, non-commercial use.

Certain restrictions. the rights approved to you in these terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site; (c) you shall not access the site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the site shall be subject to these terms. all copyright and other proprietary notices on the site must be retained on all copies thereof. company reserves the right to change, suspend, or cease the site with or without notice to you. you approved that company will not be held liable to you or any third-party for any change, interruption, or termination of the site or any part.

No support or maintenance. you agree that company will have no obligation to provide you with any support in connection with the site. excluding any user content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the site and its content are owned by company or company’s suppliers. note that these terms and access to the site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in section 2.1. company and its suppliers reserve all rights not granted in these terms.

Third-party links & ads & other users

Third-party links & ads the site may contain links to third-party websites and services, and/or display advertisements for third parties. such third-party links & ads are not under the control of company, and company is not responsible for any third-party links & ads. company provides access to these third-party links & ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links & ads. you use all third-party links & ads at your own risk and should apply a suitable level of caution and discretion in doing so. when you click on any of the third-party links & ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other users each site user is solely responsible for all its own user content. because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others. you agree that company will not be responsible for any loss or damage incurred as the result of any such interactions. if there is a dispute between you and any site user, we are under no obligation to become involved.

you hereby release and forever discharge the company and our officers, employees, agents,

successors, and assigns from, and hereby waive and relinquish, every past, present and

future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site. if you are a california resident, you hereby waive california civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Cookies and web beacons. like any other website, stealth accountants uses ‘cookies. these

cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. the information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Disclaimers

Stealth accountant Pty Ltd makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Limitation on liability

“Liability limited by a scheme approved under professional standards legislation”.

If Stealth accountant Pty Ltd is found responsible for any damages, Stealth accountant Pty Ltd is responsible for actual damages only. in no event shall Stealth accountant Pty Ltd, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website. in no event shall stealth accountants (or its affiliates, licensors, suppliers or customers) be liable concerning the subject matter of this agreement, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, or (c) direct or indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, even if stealth accountants has been advised of the possibility of such damages. these limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.

License to Stealth accountant Pty Ltd

if you upload, submit or otherwise disclose or distribute content of any kind at the site or otherwise through the service, then you hereby: grant and agree to grant to stealth accountants , its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein. represent and warrant to Stealth accountant Pty Ltd that you own or otherwise control all rights to such content and that disclosure and use of such content by Stealth accountant Pty Ltd (including without limitation, publishing content at the site) will not infringe or violate the rights of any third party. acknowledge that the content will not be treated confidentially, Stealth accountant Pty Ltd will have no obligations with respect to such content and no compensation will be paid with respect to the use of your submission, as provided herein; and agree that Stealth accountant Pty Ltd is under no obligation to post or use any content you may provide, and Stealth accountant Pty Ltd may remove any such content at any time in its sole discretion.

Copyright policy 

Unless otherwise indicated, these terms of use are copyright © 2015 Stealth accountant Pty Ltd all rights reserved. company respects the intellectual property of others and asks that users of our site do the same. in connection with our site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online site who are repeated infringers of intellectual property rights, including copyrights. if you believe that one of our users is, through the use of our site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 u.s.c. s 512(c)) must be provided to our designated copyright agent: your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. please note that, pursuant to 17 u.s.c. s 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Trademark notices 

Stealth accountant Pty Ltd trademarks may be used publicly with permission only from Stealth accountant Pty Ltd and nothing in these terms of use shall be construed as granting such permission. fair use of Stealth accountant Pty Ltd trademarks in advertising and promotion of Stealth accountant Pty Ltd products and services requires proper acknowledgement.

Changes

Stealth accountant Pty Ltd reserves the right, at its sole discretion, to modify or replace any of these terms of use at any time. it is your responsibility to check the terms of use periodically for changes. your continued use of the service following the posting of any changes to the terms of use constitutes acceptance of those changes. except as just specified, these terms of use may not be amended except by written instrument executed by you and Stealth accountant Pty Ltd.

Feedback, suggestions, comments, or requests

Stealth accountant Pty Ltd does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made at the contact page of this website and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Stealth accountant Pty Ltd is under no obligation to keep such information confidential, and practice one  will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

Indemnification

You agree to defend, indemnify and hold harmless Stealth accountant Pty Ltd its affiliates, licensors, suppliers and customers, and their officers, directors, employees and representatives, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the service. Stealth accountant Pty Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Stealth accountant Pty Ltd in asserting any available defences.

Termination

Stealth accountant Pty Ltd may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately. you may discontinue using the service at any time. upon any termination or discontinuance, you will immediately destroy all content in your possession and certify to Stealth accountant Pty Ltd that you have done so.

General 

These terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our site. you are responsible for providing us with your most current e-mail address. in the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. any changes to these terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. these changes will be effective immediately for new users of our site. continued use of our site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute resolution

A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. you and Stealth accountant Pty Ltd agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Dispute resolution. please read this arbitration agreement carefully. it is part of your contract with company and affects your rights. it contains procedures for mandatory binding arbitration and a class action waiver.

Applicability of arbitration agreement. all claims and disputes in connection with the terms or the use of any product or service provided by the company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. unless otherwise agreed to, all arbitration proceedings shall be held in English. this arbitration agreement applies to you and the company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the terms.

Notice requirement and informal dispute resolution. before either party may seek arbitration, the party must first send to the other party a written notice of dispute describing the nature and basis of the claim or dispute, and the requested relief. a notice to the company should be sent to:

PO Box 3, Lakemba, NSW 2195, Australia

after the notice is received, you and the company may attempt to resolve the claim or dispute informally. if you and the company do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. the amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration rules. arbitration shall be initiated through the American arbitration association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. if AAA is not available to arbitrate, the parties shall agree to select an alternative ADR provider. the rules of the ADR provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the terms. the AAA consumer arbitration rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. the arbitration shall be conducted by a single, neutral arbitrator. any claims or disputes where the total amount of the award sought is less than ten thousand US dollars (us $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. for claims or disputes where the total amount of the award sought is ten thousand us dollars (us $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. if you reside outside of the u.s., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. if the arbitrator grants you an award that is greater than the last settlement offer that the company made to you prior to the initiation of arbitration, the company will pay you the greater of the award or $2,500.00. each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR provider.

Additional rules for non-appearance-based arbitration. if non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time limits. if you or the company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA rules for the pertinent claim.

Authority of arbitrator. if arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. the arbitrator shall have the authority to grant motions dispositive of all or part of any claim. the arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA rules, and the terms. the arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. the arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. the award of the arbitrator is final and binding upon you and the company.

Waiver of jury trial. the parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. in the event any litigation should arise between you and the company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

waiver of class or consolidated actions. all claims and disputes within the scope of this

arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. all aspects of the arbitration proceeding shall be strictly confidential. the parties agree to maintain confidentiality unless otherwise required by law. this paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. if any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the agreement shall continue in full force and effect.

Right to waive. any or all of the rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. such waiver shall not waive or affect any other portion of this arbitration agreement.

Survival of agreement. this arbitration agreement will survive the termination of your relationship with company.

Small claims court. nonetheless the foregoing, either you or the company may bring an

individual action in small claims court.

Emergency equitable relief. anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. a request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.

Claims not subject to arbitration. notwithstanding the foregoing, claims of defamation, violation of the computer fraud and abuse act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this arbitration agreement. in any circumstances where the foregoing arbitration agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands county, California, for such purposes.

the site may be subject to u.s. export control laws and may be subject to export or import

regulations in other countries. you agree not to export, re-export, or transfer, directly or indirectly, any u.s. technical data acquired from company, or any products utilizing such data, in violation of the United States export laws or regulations. company is located at the address in section 10.8. if you are a California resident, you may report complaints to the complaint assistance unit of the division of consumer product of the California.

department of consumer affairs by contacting them in writing at 400 r street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic communications. the communications between you and company use electronic means, whether you use the site or send us emails, or whether company posts notices on the site or communicates with you via email. for contractual purposes, you (a) consent to receive communications from company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire terms. these terms constitute the entire agreement between you and us regarding the use of the site. our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. the section titles in these terms are for convenience only and have no legal or contractual effect. the word “including” means “including without limitation”. if any provision of these terms is held to be invalid or unenforceable, the other provisions of these terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. your relationship to company is that of an independent contractor, and neither party is an agent or partner of the other. these terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null.

and void. company may freely assign these terms. the terms and conditions set forth in these terms shall be binding upon assignees.

Your privacy please read our privacy policy.

Contact Information

Postal address: PO box 3, Lakemba, NSW 2195, Australia
Email: info@stealthaccountants.com.au