Terms & Conditions

These are the advertising program terms and conditions (hereinafter referred to as these “Terms and Condition”) of Shelcom Corporate Services Australia Pty Ltd (ACN 052 129 352) (hereinafter referred to as “Shelcom”, “we”, “us” or “our”). These Terms and Conditions govern the user’s (hereinafter referred to as “user”, “you”, “your” or “yourself”) use of our services, any content or information therein and the www.shelcom.com.au website (hereinafter referred to collectively as the “Service”). By using the Service, you signify acceptance of these Terms and Conditions. We reserve the right to change or vary these Terms and Conditions from time to time. Any such change or variation we make will be effective immediately upon posting on our website the updated Terms and Conditions or the provision of such terms and conditions to you. Your continued use of the Service following the posting of the updated Terms and Conditions will constitute acceptance of such changes or variations to the Terms and Conditions. We reserve the right to refuse, restrict, suspend or terminate your use of the Service at anytime without notice if you fail to abide by these Terms and Conditions or any other conditions posted anywhere on our website.

By using the Service, you warrant that you are at least 18 years old and have read and understood these Terms and Conditions and agree to abide by it. If a parent or guardian wishes to permit a person under 18 years of age and under his/her supervision to use the Service, he or she must email us with his or her permission and acceptance of full legal responsibility for the minor to do so.

The Services
When you place an order for the Service, you will tell us the type of product/service you want to buy from the list of products/services available on our website and provide us with the relevant information (hereinafter referred to as “the Order”). If we accept the Order, we will deliver the Service as and when the Order can be accommodated. We act as a gateway to the Australian Securities and Investment Commission (ASIC), the State Revenue Office (SRO), the Consumer Affairs Victoria (hereinafter referred to collectively as “the Governmental Agencies”) and the public in general. The accuracy of the Order is your responsibility. If incorrect information is submitted by you and subsequently amendments are requested to the Order by you, we do not guarantee that the amendments can be made within a proposed or desired timeframe or can be made at all prior to the Service being delivered. In the event that amendments to the Order are requested, you may be liable for fees for incorporating such amendments whether payable to Shelcom and or to any Governmental Agency. You may cancel the Order prior to its completion without cause by notifying us in writing however, your cancellation of the Order will not alter your obligation to pay any charges incurred by you in respect to the Order. We reserve the right to alter the process in which we provide the Service as and when required by us.

Where you request the registration of a company which has the same name as a registered business, you acknowledge that you are responsible for providing us with a written authority from the business owner consenting to such registration.

Further, you agree that all the relevant consents of members and company officers have been obtained prior to the submission of any company registration order, in line with the requirements set out by the Corporations Act 2001.

Payment Terms
We will provide you with a tax invoice in respect to the Service. The payment of our tax invoice must be made within 30 days from the date of the tax invoice however, in some circumstances, we may require you to pay for the Service in advance. We will notify you if payment in advance is required.

The price stated for the Service excludes all taxes and any Governmental Agencies fees, unless stated otherwise. You are responsible for any taxes and any Governmental Agencies fees applicable to the Service. In the event that such taxes and Governmental Agencies fees change (increase or decrease), such changes, where relevant, will be passed onto you by us. You are also responsible for any bank charges incurred by us as a result of collecting payment from you.

Unless otherwise provided by law or by a particular Service offer, all charges in respect to the Service whether charged by Shelcom or any Governmental Agency are non refundable.

If we make an error on the tax invoice (billing error), we will investigate it and correct it promptly after you notify us of the billing error. You must notify us of the billing error within 30 days of the receipt of the tax invoice. If you do not notify of any billing error within the stipulated timeframe, you release us from all liability and claim of loss resulting from the billing error and we will not be required to rectify the billing error. We can correct billing errors at any time.

Expect as prohibited by law, we may charge a late payment charge if you do not pay on time. You must pay these late payment charges when we bill you for them. The late payment charges will be 12 % of the unpaid amount from the day it was due until payment is made. We may use a third party to collect outstanding amounts and you will be liable for all legal costs we incur to collect any outstanding amounts. We may suspend or cancel the Service if you fail to pay in full on time.

You agree that if Shelcom issues you with a Username and Password to access the online Service, you shall use your best efforts to prevent access to the Service through yourUsername and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Shelcom immediately if you discover loss or unauthorised access to such information by another party.

Intellectual Property
Our website and all the content therein are protected under Australian and International copyrights laws. The content of our website, including but not limited to, text, software, scripts, graphics, photos, sound, music, videos, interactive features and the like, and the trademarks and logos contained therein are owned by or licenced to Shelcom and are subject to copyright, trademark, patent and other intellectual property rights and protections under the relevant Australian and foreign laws and international conventions.

Legal Compliance
Shelcom may suspend or terminate the Service immediately upon receipt of any notice which alleges that you have used the Service for any purpose that violates any local, state, federal or law of other nation/s or violates any third party rights. In such event, Shelcom may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action and Shelcom shall not be liable for damages or consequence thereof and you agree not to bring any action or claim against Shelcom for such disclosure.

Prohibited Use
You must not directly or indirectly or through any person/entity use the Service for any illegal or fraudulent business practice.

Your Information
By submitting your contact information (“your Information”) to us, you accept and acknowledge that we may use your information for marketing and promotional activities. Your information will not be provided to any third party (except Governmental Agencies where necessary) without your consent.

Your banking and credit card information provided to us will be secured by an SSL Certificate and such information will not be kept on file and/or within our premises.

Our information
Information on our website is for your consideration and viewing only. We aim to provide a snap shot of relative information for establishing business operating structures and maintenance of these structures. This information is gathered and based on relevant publically available information available on Australian Government websites along with our industry knowledge and that of our advisors.

These Terms and Conditions shall be governed by and construed in accordance with the law of the time being in force in the State of Victoria and Australia and you irrevocably submit to the jurisdiction of the Courts of that State including any Courts having appellant jurisdiction.

In the event of a conflict between Victorian and Australian Law, Victorian law shall prevail to the extent of the inconsistency.

Shelcom may at its absolute discretion terminate the Service for any reason whatsoever including, but without limitation, your breach of these Terms and Conditions.

Content Disclaimer
Without limiting the disclaimer of warranties set out below, the Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not provide legal and or financial advice of any kind. You must obtain independent legal and or financial advice (as applicable) prior to using our Service to ascertain the suitability of our Service. Any information provided by our website, partners, licensors, agents, subsidiaries, contractors, managers, directors or employees is categorised as general information and must not be construed as advice of any kind. You acknowledge that computer systems and internet services are not fault free and that there are occasional
periods of downtime. We do not guarantee that the Service will be uninterrupted, timely, secure, or error free or that data loss will not occur. Shelcom will use its best endeavours to rectify any such faults or errors where possible. We are not responsible for any third party hackers, programmers or viruses that may intercept the Order.

Disclaimer of Warranties and Limitation of Liability
Shelcom disclaims all warranties, expressed or implied, including without limitation, for noninfringement, satisfactory quality, merchantability and fitness for any purpose. Shelcom disclaims all guarantees regarding the suitability of the Service. In no event shall Shelcom and/or its partners, licensors, agents, subsidiaries, contractors, managers, directors or employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision or failure of to provide the Services, or for any information, software, products, services and related graphics obtained through the Service or otherwise arising out of the use of the Service, any unauthorised use of the Username and Password, whether based on contract, tort, negligence, strict liability or otherwise, even if Shelcom or any of its partners, licensors,agents, subsidiaries, contractors, managers, directors or employees have been advised of the possibility of damages. If you are dissatisfied with any portion of the Service, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Service.

You indemnify Shelcom, its partners, licensors, agents, subsidiaries, contractors, managers, directors and employees from all liabilities, claims, losses, damages, obligations, costs and expenses, including legal fees, that arise from or relate to (a) your use of and access to the Service; (b) your breach of these Terms and Conditions or your representation and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property or privacy right; or (d) any claim that one or more of your submissions to our website has caused damage to a third party. This indemnity will survive your use of the Service. Shelcom reserves the right to assume the exclusive defence and control any claim for which Shelcom or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defence and shall provide Shelcom with such cooperation at no charge as is reasonable requested by Shelcom or its agents to assert any available defence.