Terms of Service
The short version: the tools do the calculations, but they give general information, not advice. Check every result before you rely on it. We aren’t liable for losses from using the tools, except where Australian law says we must be. Subscriptions renew until you cancel, and you can cancel any time.
1. About these Terms
1.1 These Terms of Service (Terms) are an agreement between you and Apex Suite (ABN 59 454 317 679) (we, us, our). They cover your use of our website, accounts, subscriptions and all tools, calculators, templates and results we provide (the Service and the Tools).
1.2 Our Disclaimer and Privacy Policy form part of these Terms. By creating an account or using the Service you agree to these Terms. If you use the Service on behalf of a business, you confirm you are authorised to bind that business, and “you” includes that business.
2. Accounts
2.1 You must be 18 or older and give us accurate information when you sign up, and keep it up to date.
2.2 Keep your password secure and don’t share your account. You are responsible for activity on your account. Tell us promptly at support@apexsuite.com.au if you think someone else has accessed it.
2.3 One subscription covers one person. Don’t resell or share access to subscriber Tools.
3. Free and paid access
3.1 Some Tools are available without an account, some need a free account, and some need a paid subscription. Each Tool is labelled. Free Tools may offer extra features to subscribers.
3.2 We may add, change or remove Tools and features over time to improve the Service. If we remove a Tool or feature that is a material part of what you are paying for, we will tell you and you may cancel and receive a pro-rata refund for the unused part of your current billing period.
4. Subscriptions and payment
4.1 Billing. Subscriptions are billed in advance in Australian dollars for each billing period (for example monthly) shown when you subscribe. We are not registered for GST, so our prices don’t include GST and our invoices don’t charge it. Payments are processed by our payment provider, Stripe, under its own terms.
4.2 Automatic renewal. Your subscription renews automatically at the end of each billing period, and you authorise us to charge your payment method for each renewal, until you cancel.
4.3 Cancelling. You can cancel at any time from the Subscriptions page in your account. Cancellation stops the next renewal; you keep access until the end of the period you have already paid for.
4.4 Refunds. Except as set out in these Terms or required by law (including the Australian Consumer Law), payments are not refundable for partly used billing periods.
4.5 Price changes. We may change subscription prices. We will give you at least 30 days’ notice by email before a new price applies to your subscription. If you don’t want to pay the new price, you can cancel before it takes effect.
4.6 Failed payments. If a payment fails, we will let you know and our payment provider will try again. If payment is still not made after a reasonable time, we may suspend subscriber features until it is.
5. Using the Tools — check every result
5.1 The Tools provide general information and calculations, based on the information you enter, to help with routine business tasks. They are not financial, taxation, accounting, legal, BAS or other professional advice, and they do not take your particular circumstances into account.
5.2 You must independently check that every result is correct and suitable for your situation before you use or rely on it, including in quotes, invoices, prices, tax lodgements, BAS, payroll, budgets, forecasts or other business decisions. Where the outcome matters, have results reviewed by a qualified professional such as your accountant, registered tax agent or BAS agent.
5.3 You are responsible for the information you enter into the Tools and for every decision you make using their results.
5.4 The full Disclaimer applies to all Tools and results.
6. Acceptable use
6.1 You must not: use the Service unlawfully or to mislead anyone; try to access accounts, data or systems you aren’t authorised to; interfere with or overload the Service; copy, scrape, reverse engineer or resell the Tools; or use automated means to access the Service other than as we allow.
7. Your content and data
7.1 You own the information you enter and save (Your Content). You give us permission to store and process Your Content only to provide the Service to you.
7.2 We take reasonable steps to keep Your Content secure, but saved results are a convenience. You are responsible for keeping your own business records, including those the ATO requires.
7.3 We handle personal information under our Privacy Policy.
7.4 If personal information we hold about you is involved in a data breach that is likely to cause you serious harm, we will tell you as set out in our Privacy Policy.
8. Our intellectual property
8.1 We (or our licensors) own the Service, the Tools and their content and design. We give you a non-exclusive, non-transferable licence to use them for your own business while your account is in good standing. You may use results and documents you create with the Tools in your business.
9. Warranties
9.1 To the maximum extent permitted by law, and subject to clause 11, the Service and Tools are provided “as is” and “as available”, and we exclude all warranties, conditions and representations not expressly set out in these Terms, including about accuracy, completeness, reliability, currency or fitness for a particular purpose of any Tool or result. We don’t promise the Service will be uninterrupted or error-free.
10. Limitation of liability
10.1 To the maximum extent permitted by law, and subject to clause 11, we are not liable for any loss, damage, cost or expense of any kind — including loss of money, revenue, profit, business, opportunity, goodwill or data, underpaid or overpaid tax, penalties or interest, and any indirect or consequential loss — arising from or in connection with your use of, or reliance on, the Service, the Tools or their results, however caused, including by negligence or an error in a Tool.
10.2 To the maximum extent permitted by law, and subject to clause 11, our total liability to you for all claims connected with the Service is limited to the total subscription fees you paid us in the 12 months before the event giving rise to the claim.
10.3 Nothing in these Terms limits our liability for fraud or wilful misconduct by us.
11. Australian Consumer Law
11.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL or any other law that cannot lawfully be excluded, restricted or modified.
11.2 Where the ACL allows us to limit our liability for failing to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
12. Indemnity
12.1 You indemnify us against any third-party claim, and reasonable costs of defending it, to the extent it arises from your breach of these Terms, your misuse of the Service, or your use of results you did not check as clause 5 requires — except to the extent the claim is caused by our breach of these Terms, negligence, fraud or wilful misconduct.
13. Suspension and ending the agreement
13.1 You can stop using the Service and delete your account at any time from the Your Data page in your account.
13.2 We may suspend or close your account if you materially breach these Terms and, where the breach can be fixed, you don’t fix it within 14 days of us asking. We may act immediately where needed to protect the Service, other users or to comply with the law.
13.3 We may stop offering the Service by giving you at least 30 days’ notice. If we do, we will refund the unused part of any prepaid subscription period.
14. Changes to these Terms
14.1 We may update these Terms to reflect changes to the Service or the law. We will give you at least 30 days’ notice of changes that are material and adverse to you. If you don’t agree, you can cancel before the change takes effect and, if it applies to a period you have prepaid, receive a pro-rata refund for that unused period. Continuing to use the Service after the change takes effect means you accept it.
15. General
15.1 These Terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of its courts and courts that can hear appeals from them.
15.2 If any part of these Terms is invalid or unenforceable, it is read down or severed to the minimum extent needed, and the rest continues to apply.
15.3 These Terms, the Disclaimer and Privacy Policy are the whole agreement between us about the Service.
15.4 We may send notices to the email address on your account. You can contact us at support@apexsuite.com.au.