Privacy and T&C’s

Privacy

NowInfinity is committed to the protection of any Personal Information provided by you to the NowInfinity operated and owned websites and including through all associated outlets such as, tablets and smart phones editions (Other Platforms).

The NowInfinity Websites and the Other Platforms are referred to throughout this Privacy Policy (Privacy Policy) as the Website.

Now Infinity has developed this Privacy Policy in line with the National Principles in Schedule 3 of the Privacy Act 1988 (Cth).

Please read this Privacy Policy together with the Terms and Conditions of the Website. Words and phrases defined in the Terms and Conditions have the same meaning in this Privacy Policy. The provisions in the Terms and Conditions prevail over provisions in this Privacy Policy but only to the extent of any inconsistency. Access to the content of the Website is conditional upon your acceptance of this Privacy Policy. By accessing and using the Website you agree to be bound by this Privacy Policy. If you do not agree to be bound by the Privacy Policy you are not authorised to use the Website.

NowInfinity reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time. Please periodically check this Privacy Policy for such changes. Your continued use of the Website, following the posting of changes to this Privacy Policy will mean you accept those changes. Any amendments made to the Privacy Policy may be retrospectively applied to the date of collection of the Personal Information.

(a) Our Privacy Policy contains the following key elements:

(b) Our Collection of Personal Information

(c) Cookies

(d) Storage and Security of Personal Information

(e) Use and Disclosure of Personal Information

(f) Opting Out

(g) Access to Personal Information

(h) Disclaimer

(i) Contact Us

(j) Consent

Our Collection of Personal Information

When you use the Website (such as when registering for a NowInfinity event or newsletter), NowInfinity will collect information that does personally identify you, including but not limited to your full name and job title, your company name and address, your phone and fax numbers, your email address, your mobile number, your interest areas and preferences (Personal Information).

NowInfinity does not wish to collect information about you which is sensitive information as defined under the Privacy Act 1988 (Cth) (Privacy Act) being information or opinion about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin.

Personal Information is collected to assist NowInfinity with the process of your registration to use the website, register for a physical event, online event, email newsletter and to enhance your use of the Website itself. The provision of your Personal Information is not compulsory. However, if you do not provide your Personal Information, NowInfinity reserves the right to process your registration.

Cookies

A Cookie is a feature stored on your computers hard drive by your web browser. On each visit to the Website, the NowInfinity web browser will recognise the Cookie and give NowInfinity information about your visit. The Cookie does not contain information that personally identifies you and NowInfinity does not use Cookies for that purpose. NowInfinity uses Cookies to learn about your preferences and the way that you use the Website, so that it can improve the Website. Most browsers accept Cookies automatically, but you should also be able to alter the settings of the browser to refuse Cookies. You should note that de-activating

Cookies may mean that you will no longer be able to enjoy the full operational capabilities of the Website.

Storage and Security of Personal Information

NowInfinity will use its reasonable endeavours to maintain the security of your Personal Information. NowInfinity requires staff to respect the confidentiality of Personal Information. However, due to the nature of the Internet, we cannot guarantee that Personal Information will always be secure either during its transmission to NowInfinity or from unauthorised access during storage and you therefore disclose your Personal Information to NowInfinity at your own risk.

To assist NowInfinity with protecting all Personal Information, we request that you contact NowInfinity at info@nowinfinity.com.au (Contact Us) immediately if you become aware or have reason to believe of any unauthorised use of your Personal Information in connection with the Website.

Use and Disclosure of Personal Information

From time to time, NowInfinity may use your Personal Information to provide you with current information about NowInfinity events or services or NowInfinity promotions which may be of interest to you NowInfinity may provide your Personal Information to its related bodies corporate if any.

NowInfinity may contact you through a range of media including, (but not limited to): email, SMS, telephone, fax or other equivalent electronic communication.

NowInfinity agrees to send NowInfinity Communications to:

  • (a) recipients who have opted to receive them
  • (b) participants in NowInfinity events unless they have asked NowInfinity not to
  • (c) any person enquiring about NowInfinity events and/or publications unless they have asked us not to do so
  • (d) any person who has registered to NowInfinity email newsletters

Opting Out

If you subsequently decide that you do not want to be contacted or if you do not want to receive direct marketing communications from NowInfinity or please contact us by emailing info@nowinfinity.com.au (a) I do not wish to receive email communication about NowInfinity events or services

With respect to NowInfinity newsletters and NowInfinity promotional materials, you may also opt-out of receiving such NowInfinity communications by following the unsubscribe function on the promotional piece or returning to NowInfinity the statement unsubscribe.

We will use our reasonable endeavours to remove your name from the mailing lists of NowInfinity within a reasonable period of receipt of your request. You acknowledge and agree that you may receive information from NowInfinity whilst NowInfinity is processing your request.

You agree that NowInfinity may use your Personal Information in this way. You may upon written notice withdraw this authorisation at any time and NowInfinity will not use your Personal Information.

Access to Personal Information

NowInfinity will use its reasonable endeavours to keep Personal Information current and accurate. NowInfinity encourages you to correct any Personal Information that is inaccurate by amending your details on the Website. If you are unable to amend or delete your Personal Information you may Contact Us and we will use reasonable endeavours to provide, amend or delete your Personal Information within a reasonable period of receipt of your request. If applicable, any legal requirement on NowInfinity to maintain certain records concerning your Personal Information must prevail over any of your requests.

You may Contact Us to obtain access to the Personal Information which NowInfinity has collected about you on the Website. NowInfinity reserves the right to charge a reasonable fee for this service.

Disclaimer

NowInfinity will only collect, use or disclose your Personal Information as follows:

  • (a) in compliance with this Privacy Policy
  • (b) to comply with any law
  • (c) to protect the rights or property of NowInfinity or any third party or
  • (d) to avoid injury to any person.

You may link directly to sites operated by NowInfinity Partners (collectively Linked Sites) in the Website. Although certain Linked Sites may be co-branded with the NowInfinity logo you acknowledge that such sites may not be operated or controlled by NowInfinity.

NowInfinity Linked Sites may collect additional personal information in addition to your Personal Information supplied to NowInfinity. You acknowledge that NowInfinity is not responsible for the Privacy Policy, content or practices of the Linked Sites. We encourage you to always read the applicable privacy policy of any Linked Site on exiting the Website.

Third party services

Our use of Google user data is limited to the practices explicitly disclosed in this privacy policy. By using this service and when you attach Google Disk you agree that our application can :

– access to your Google Drive,
– browse files and folders,
– access and download selected files,
– upload selected files the to your Google Drive.

All data saved on Google servers are covered in by their respective security policies and practices.

We are not responsible for any data breach or loss with files uploaded to Google Drive.

In the cases of a saving and loading onGoogle Drive the data does not save on our servers .

It’s all operation is subject to Google’s privacy policy.

Contact Us

If you have any queries regarding this Privacy Policy or should you have any difficulties examining, amending or deleting any of your Personal Information or would like to gain access to such Personal Information, please contact us by emailing info@nowinfinity.com.au

Consent

You acknowledge and agree that NowInfinity, its related corporate bodies and NowInfinity Partners and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your Personal Information in the manner set out in this Privacy policy.

Privacy Officer

NowInfinity Pty Ltd.
ABN: 16 154 927 376
Level 3, 26 Marine Parade
Southport QLD 4215

Terms & Conditions 

By using NowInfinity’s Service (Service) and this website, you acknowledge that you have read and accept these Terms and Conditions and that you signify your acceptance of these Terms and Conditions by use of the Service and this website.  If you do not accept these Terms and Conditions, please do not use the Service or this website.

In accordance with these Terms and Conditions, NowInfinity grants to you a non-exclusive right to use the materials (Materials) provided under the Service for as long as you remain up to date with the Subscription Fees (Fees). NowInfinity reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice.

1. License

  • You must not use the Materials in any way whatsoever other than as permitted under these Terms and Conditions.
  • You remain wholly responsible for the use of the Materials by you, your employees or agent, which use must be in accordance with these Terms and Conditions.

2. Term and Termination

  • Your Package Subscription (Subscription) shall continue for a minimum period of twelve (12) months, commencing on the day you accept these Terms and Conditions and pay the initial instalment of Fees (Initial Term).
  • Upon the expiration of the Initial Term, your Subscription shall automatically extend for successive terms of twelve (12 months) provided that either party may terminate your Subscription at any time after expiry of the Initial Term by giving not less than 30 days’ notice in writing to the other.
  • NowInfinity may terminate your Subscription immediately if you breach of these Terms and Conditions, including but not limited to in the event of any failure by you to pay Fees.
  • Termination of the Service will result in the deactivation or deletion of your Account, and the forfeiture and relinquishment of all of your rights to use the Materials.
  • NowInfiinity reserves the right to vary its Fees at any time after expiry of the Initial Term by giving you not less than 30 days’ notice in writing.
  • If you terminate your Subscription during the Initial Term, NowInfinity reserves the right to recover Fees for the remainder of the Initial Term, being a genuine pre-estimate of the damages NowInfinity will suffer in the event of termination of your Subscription before the expiry of the Initial Term.  If you terminate your Subscription at any time after expiry of the initial term, you must pay all Fees up to the date of termination.

3. Fees

  • You shall pay the monthly Fees set out in the NowInfinity Subscription Order Form. Such Fees shall be exclusive of GST, unless otherwise indicated.
  • The Fees will be debited to your nominated account or credit card from the date your Subscription commences.
  • In order to register a company through ASIC, you need to pay a fee for each company formation in addition to your subscription Fees. The fee is payable at the time the company formation document is completed and includes the ASIC registration and processing fees. The schedule of fees as per the ASIC may be viewed at http://www.asic.gov.au/for- business/payments-fees-and-invoices/asic-fees/fees-for-commonly-lodged-documents/starting-a-company/.
  • The Entity Management Suite usage provides for a 10% variance (between anniversary dates) to volume listed on the order form. Excess usage will be billed at $5 per entity per annum.
  • Payments made are non-refundable.

4. Obligations

  • Access to the Materials shall be granted by providing you with a user name(s) and password(s) (Login Details), which must not be revealed to any other person by you or your employees or agents. You are responsible for maintaining the security of your Account and NowInfinity will not be liable for any loss or damage arising out of your failure to comply with your security obligations.
  • You must comply with all applicable laws in relation to your Subscription and your use of the Materials.
  • You are solely responsible for the use, supervision, management and control of the Materials by you and your employees or agents, or if you are an accounting firm, your clients, and you must at all times protect the Materials from misuse, copy or any form of unauthorised use other than in accordance with these Terms and Conditions.
  • Your use of the Services and Materials are for internal purposes only, and you must not re-sell or white-label or permit the resale or white-labelling of the Materials for any purpose whatsoever.

5. Intellectual property

The Materials contain proprietary information that is owned or licensed by NowInfinity,and is protected by applicable intellectual property and other laws, including but not limited to copyright.

With the exception of Trustees applying the Rules for the Fund for compliance, tax or other purposes under the Superannuation Laws, the Materials may not be reproduced in part or full in Australia or any other country by any process, electronic or otherwise, in any material form or transmitted to any other person or stored electronically in any other form without the prior written consent of NowInfinity and View Legal except as may be permitted under the Copyright Act 1968 (Cth).

You acknowledge that some of the the Materials being legal documents are provided by NowInfinity under licence from View Legal and that NowInfinity are not responsible for the content of those Materials. NowInfinity is not a legal service provider and does not employ lawyers.  NowInfinity is not the author of any legal documents or information contained in the Materials and has no editorial control over any of such Materials.

You agree that you will not make any commercial use of any of the Materials, in whole or in part, without the prior written consent of NowInfinity and View Legal and payment of an appropriate licence fee.

You must not modify or distribute the Materials or any part of the Materials without the prior written consent of NowInfinity.

6. Disclaimer

You acknowledge and agree that the Materials are based on the relevant Australian Corporation, Superannuation and Taxation laws. NowInfinity and View Legal and their respective employees and advisers do not accept any liability for loss or damages of any kind whatsoever arising as a result of using the Service. 

You acknowledge and agree that the Materials do not constitute or contain personal or general advice for the purpose of the Corporations Act 2001 (Cth) and no legal advice or accounting advice or services are offered or given by NowInfinity, its employees or advisers in connection with the provision of the Materials.

NowInfinity does not warrant that the functions contained in the Materials will be error-free or that this website will be free from viruses. NowInfinity does not warrant that defects will be corrected and does not warrant the correctness of any of the Materials or that they will be fit for a particular purpose or suitable for use in other jurisdictions.

7. Limitation of Liability

  • Under no circumstance will NowInfinity be liable to you on account of any claim whether based in contract, negligence or other tort, breach of any statutory duty or otherwise, for any special, consequential, indirect, incidental or exemplary damages, or for any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to Customer’s business, or for any damages or sums paid by Customer to third parties, even if NowInfinity has been advised of the possibility of such
  • Without prejudice to any other provision of these Terms and Conditions, to the fullest extent permissible at law, NowInfinity’s aggregate liability of any kind whatsoever under or connection with these Terms and Conditions and the provision of the Services, will not exceed two times of the total annual amount received by NowInfinity for Fees payable in connection with your Subscription.

8. Severability

If any part of these Terms and Conditions are or become illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other provisions.

9. Usage

The Subscription usage is for the primary purpose of servicing direct clients of the company listed on the Subscription Order Form. However, the company may produce documents for another firm where they carry the same brand and have at least a 50% shared ownership structure. Specifically, where an accounting firm and financial planning firm hold the same brand and ownership.

Reselling or white-labelling of the Materials is strictly prohibited under these Terms and Conditions.

10. Assignment

You cannot assign your rights or obligations under these Terms and Conditions without NowInfinity’s prior written consent.

11. Entire Understanding

These Terms and Conditions contain the entire agreement and understanding between the parties and supersedes any prior negotiation, arrangement, understanding or agreement with respect to that subject matter hereof.

12. Variation

NowInfinity reserves the right to amend these Terms and Conditions at any time by giving not less than 30 days’ notice to you. NowInfinity will provide you with electronic notice of any amendments and request confirmation of your acceptance of such amendments.

13. Governing law

These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the state of Queensland and the parties irrevocably submit to the jurisdiction of its courts.