Terms of Membership
TAX NUGGETS ACADEMY – Online Membership Terms and Conditions
These terms and conditions (Terms) are the contract between you as the online membership member (you or your) and Tax Nuggets Academy Pty Ltd ABN 15 647 539 802 of 35 Ashcombe Drive, Ringwood VIC 3134 (us, our or we).
By visiting or using the Membership platform at https://taxnuggetsacademy.com.au (Site), you agree to be bound by the Terms. Please read this agreement carefully and save it. If you do not agree to be bound by the Terms, you should leave the Site immediately.
1.1 In this agreement, the following words have the following meanings:
1.1.1 Content means the written, video or sound content that is available for you on the Site and it may include content posted by your other members of the Site.
1.1.2 CPD means Continuing Professional Development as prescribed by professional bodies such as but not limited to CPA and the Tax Institute of Australia.
1.1.3 Free Membership means the basic membership for the Site which is free to register with limited access to Content.
1.1.4 Kickback means a reward determined at our discretion and given by us to you in relation to a mistake or inaccuracy you have identified in our Content as set out at Clause 11.6, including but not limited to a free coffee via the Skip app.
1.1.5 Membership means your membership of the Site and these Terms. It includes Free Memberships, Premium Memberships and any other membership service we provide as set out on our Site and in this contract.
1.1.6 Post means Content and any other material on our Site and includes the phrases Posted and Posting in these Terms.
1.1.7 Premium Membership means paid membership for the Site with full access to all Content.
1.1.8 Services means all of the services or benefits available with your Membership on the Site, including tax training and related microlearning videos and associated documents, whether free or paid.
1.1.9 Site means the Membership platform at https://taxnuggetsacademy.com.au and any other app or service designed for access by mobile phones or fixed devices and includes all web pages controlled by us. For clarity, the Site is currently hosted by Uscreen (Membership Site) as at the date of these Terms. In agreeing to these Terms you also agree to be bound by any Terms required by the Membership Site or any other third party hosting website we use from time to time.
2. Our contract
2.1 These terms and conditions regulate our business relationship with you. By electing to join our Membership Services or use our Site free of charge, you agree to be bound by them.
2.2 In entering into this contract you acknowledge and agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on our Site.
2.3 Subject to these Terms, we agree to provide to you some or all of the Services described on our Site at the prices we charge from time to time.
2.4 If you are a holder of a Free Membership and we give you free access to a Service or feature on our Site which is normally a Premium Membership only feature, and that Service or feature is subject to additional contractual terms, you agree that you will abide by those additional terms in order to gain access to that feature.
3. Your account and personal information
3.1 When you visit our Site, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure.
3.2 You agree to inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.3 You agree that you have provided accurate, up to date, and complete information about yourself to us. We are not responsible for any error made as a result of such information being inaccurate.
3.4 You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.
4.1 Details of the cost and benefits of Membership are as set out on our Site. You may subscribe to Membership Services at any time on the basis we offer it to you at the time you elect to subscribe. If you are a Free Membership holder, you may also upgrade to a Premium Membership at any time in accordance with the costs set out at our Site.
4.2 You do not have to take any action for these Terms to apply other than electing to be bound by the Membership. By accepting these Terms, you instruct us to give you immediate access to the Membership Services and you know that by doing so, you may not be entitled to a refund of any Membership fees paid to us.
4.3 Termination of Membership will be regulated by this contract set out in paragraph 14 below.
4.4 You may not transfer your Membership to any other person.
4.5 We reserve the right to modify the Membership rules or system and to change the Terms of this contract at any time, without notice. If, after such modifications, you continue to use your Membership, we will deem this as your acceptance of the modified Terms.
5.1 The price payable for the Membership is set out on our Site. We reserve the right to update that Membership price from time to time at our discretion.
5.2 The price charged for Membership will be in Australian Dollars, if you are located in another country, you may be charged international conversion rates and be subject to an exchange rate. You will be required to pay any additional fees in this regard.
5.3 Prices are inclusive of any goods and services tax or other sales tax (where it is applicable).
5.4 You will pay all sums due to us under these Terms and your Membership by the means specified without any set-off, deduction or counterclaim.
6. Renewal payments and cancellation of your membership
6.1 Your Membership and licence to use the Membership Services will renew automatically each month. At the monthly renewal we will automatically take payment from your credit card or other specified method of payment of the sum specified on our Site as the then monthly Membership fee.
6.2 Membership is ongoing until such time as you actively cancel your Membership in accordance with these Terms.
6.3 You can cancel your Membership at any time by logging in to the Site and following the prompts to cancel on the “Billing” page of your account.
6.4 You will continue to have access to the Site until the end of the relevant billing cycle after you have cancelled in accordance with Clause 6.3, either monthly or annually, depending on the Membership payment plan you selected on enrolling in the Membership.
6.5 Other than the limitations set out above Membership is non-refundable and non-transferable.
7. Security of your credit card
7.1 Please note that credit card payments are not processed on a page controlled by us.
7.2 Processing takes place on the third party payment processor connected to our Membership Site, and we are bound by their terms and conditions and any other relevant third payment processor that the Membership Site uses to take your payment.
7.3 If you have concerns about the safety or otherwise of your card, the Membership Site and other third payment processor terms should be read before you agree to the monthly membership direct debit from your card to ensure the details are being kept safely. While we will use our reasonable commercial endeavours to ensure the safety of any details we hold, we cannot directly control the details held by third party sites and will not be liable in this regard.
8. Restrictions on what you may Post to Our Website
8.1 We may, at our discretion, read, assess, review or moderate any Content Posted on our Site. If we do, we do not need to notify you or give you a reason.
8.2 You agree that you will not use or allow anyone else to use our Site to Post Content which is or may:
8.2.1 be malicious or defamatory;
8.2.2 consist in commercial audio, video or music files;
8.2.3 be obscene, offensive, threatening or violent;
8.2.4 be sexually explicit or pornographic;
8.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.2.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
8.2.7 solicit passwords or personal information from anyone;
8.2.8 be used to sell any goods or services or for any other commercial use;
8.2.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
8.2.10 link to any of the material specified above, in this paragraph.
8.2.11 Post excessive or repeated off-topic messages to any forum or group;
8.2.12 sending age-inappropriate communications or Content to anyone under the age of 18.
9. Restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Post that does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1 hyperlinks, other than those specifically authorised by us;
9.2 keywords or words repeated, which are irrelevant to the Content Posted.
9.3 the name, logo or trademark of any organisation other than that of you or your client.
9.4 inaccurate, false, or misleading information.
10. How we handle your Content
10.2 If you Post Content to any public area of our Site it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
10.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
10.4 We require the freedom to be able to publicise our Services and your use of them. Accordingly, you irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Site, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
10.5 We will use that licence only for commercial purposes of the business of our Site and will stop using it after a commercially reasonable period of time.
10.6 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
10.7 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
10.8 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10.9 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.10 Please notify us immediately of any security breach or unauthorised use of your account.
11. Removal of offensive or inaccurate Content
11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on our Site for any purpose.
11.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3 If you are offended by any Content, the following procedure applies:
11.3.1 your claim or complaint must be submitted to us in the form available on our Site, or contain the same information as that requested in our form. It must be sent to us by post or email;
11.3.2 we shall remove the offending Content as soon as we are reasonably able;
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4 we may re-instate the Content about which you have complained or not.
11.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5 If any complaint made by you is either frivolous or vexatious, you agree that you will repay us the cost of our investigation including legal fees, if any.
11.6 From time to time, we may offer a Kickback on inaccuracies that have been identified in our Content by you. If you have found a mistake or inaccuracy in Content posted by us, you must submit a comment about the relevant Content for our verification. Once verified, we will amend the Content and provide you with a Kickback of our choice. You acknowledge and agree that any inaccuracies identified under this clause are only in relation to tax-related or substantial errors and not grammatical or typographical mistakes.
12. Security of Our Website
You agree that you will not, and will not allow any other person to:
12.1 modify, copy, or cause damage or unintended effect to any portion of our Site, or any software used within it.
12.2 link to our Site in any way that would cause the appearance or presentation of our Site to be different from what would be seen by a user who accessed our Site by typing the URL into a standard browser;
12.3 download any part of our Site, without our express written consent;
12.4 collect or use any product listings, descriptions, or prices;
12.5 collect or use any information obtained from or about our Site or the Content except as intended by this agreement;
12.6 aggregate, copy or duplicate in any manner any of the Content or information available from our Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
12.7 share with a third party any login credentials to our Site.
12.8 Notwithstanding the preceding clauses, we grant a licence to you to:
12.8.1 create a hyperlink to our Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.8.2 you may copy the text of any page for your personal use in connection with the purpose of our Site a Service we provide.
13.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
13.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3 The Site and our Membership and Services are provided “as is”. We make no representation or warranty that the Site, Membership or Services will be:
13.3.1 useful to you;
13.3.2 of satisfactory quality;
13.3.3 fit for a particular purpose, including improving your understanding of tax related issues and laws;
13.3.4 available or accessible, without interruption, or without error;
14. Duration and termination
14.1 This agreement shall operate for the period for which you have subscribed to Membership Service and will be on-going until such time as you terminate your Membership.
14.2 You may terminate this agreement at any time, for any reason, in accordance with Clause 6.3 of these Terms.
14.3 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email, noting that the membership will terminate immediately and the next monthly membership payment will be cancelled by us.
14.4 Termination by either party shall have the following effects:
14.4.1 your right to use the Services immediately ceases;
14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
14.5 There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
14.6 We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Storage of data
15.1 We assume no responsibility for the deletion or failure to store or deliver email or other messages.
15.2 We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
15.3 You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. Interruption to Services
16.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
16.2 You acknowledge that the Services may also be interrupted for many reasons beyond our control.
16.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
17. Limitation of liability
17.1 Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be limited to the amount of your monthly Membership fee.
17.2 Neither party shall be liable to the other in any possible way, for any loss or expense which is:
17.2.1 indirect or consequential loss; or
17.2.2 economic loss or other loss of turnover, profits, business or goodwill.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
18.1 any act, neglect or default of yours in connection with this agreement or your use of the Services;
18.2 your breach of this agreement;
18.3 your failure to comply with any law;
18.4 a contractual claim arising from your use of the Services.
19. Miscellaneous matters
19.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3 If you are in breach of any term of this agreement, we may:
19.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
19.3.2 terminate your account and refuse access to our Site;
19.3.3 remove or edit Content, or cancel any order at our discretion;
19.3.4 issue a claim in any court.
19.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
19.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.9 Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond its reasonable control.
19.10 The laws of the State of Victoria, Australia (State) shall govern the validity, construction and performance of this agreement and you agree that any dispute arising from it shall be litigated only in that State.
20. Automated logging of CPD
20.1 Your online membership may provide you with access to our automated CPD logging feature from time to time. This may involve logging time you spend watching our videos and/or the time you have attended our webinars.
20.2 You should self-assess whether our content constitutes CPD for your own individual circumstances. We do not provide any guarantees that all our content meets your CPD requirements or the CPD requirements of any professional body. If you are unsure, please contact your professional body to check whether our content complies with their CPD requirements.
20.3 You are responsible for ensuring the accuracy of your CPD records. We rely on third party apps such as Zoom to log your watch time and attendance at webinars. While we do our best to accurately capture your CPD time, we cannot guarantee the accuracy of these records. We will not take responsibility for any liabilities that may arise due to your reliance on our automated CPD logging, which may contain errors, omissions or inaccuracies.