Accessing this website
The terms of use (Terms) listed below have the purpose of governing your access to and use of:
this website businessnameregistry.org (Website) owned, operated and provided by:
Inter Tax Accounting Pty Ltd (ACN 616 270 841), Registered TAX Agent No. 25532505, registered ASIC Agent No. 34374
Address: Levels 5 & 6, 616 Harris Street, Sydney, NSW 2007
(“we”, “Business Name Registry”, “businessnameregistry.org” “us” or “our”); and
The Australian Business Name (Business Name) registration and renewal services, Australian Business Number (ABN) and domain name registration services (Services) provided through the Website.
If there is no agreement on the part of the user with these terms, which also involves our privacy policy, then do not access or use this Website or any Services or information or the materials that are contained on this Website in any way.
By using the Website or the Services, you agree to abide by the Terms listed below.
Your rights and obligations in respect of the Website
Users may both view and download and/or print any content that is contained on the Website, which includes all text, graphics, images, information or any other materials displayed on the Website (Content) that we explicitly permitted to be printed or downloaded onto a personal computer, laptop, smart phone, tablet, PDA, or another similar device, to avail of our Services or for use in either personal or non-commercial capacity.
Users will agree to not:
- Remove or alter any of the copyright, trade mark, or any other proprietary notice of ours, or of any other company or person involved in and on the Website;
- Either edit or modify the Content or publish, sell, or license the Content on the Website, which includes but isn’t limited to making the Content available on any other websites;
- To the extent that is permitted by law, reverse engineer, translate, adapt, or modify any of the included software that is in connection with this Website;
- Create and use any links from other websites to this Website without our express prior permission that’s in writing;
- Use any Content that is available on the Website for commercial purposes;
- Use any spider, robot, or other automatic device or manual process to either monitor or copy and Content without prior obtained written consent from us;
- Use any software, devices, or routine to attempt to interfere or interfere with the proper working of this Website; or
- Take any kind of action that can impose an unreasonable load on the Website’s infrastructure.
Intellectual property
The intellectual property regarding all Content and any other information that has been included on the Website and the arrangement of the Content on this Website is owned either by is or our licensors.
There can be no duplication, modification, deletion, reproduction or public transmission made of the Content without our permission except for the printing and storage pertaining to personal use or other specific use that has been permitted under copyright law.
The use of the trade marks, logos, or product names that appear on our Website is prohibited, unless permission from us or the relevant rights holder is obtained, except where specific use is authorized under trade mark law or any other law.
No professional advice.
Any information contained on this Website is provided for the purpose of general information and does not constitute professional advice. Users must exercise independent skill and care in the selection of any of the services referred to on or made available through the Website.
The Services
We do not provide any advice as to the appropriateness or the suitability of any of the Services on this Website for you. We also do not give or claim to five any financial or legal advice. It is the sole responsibility of the user to ensure that any Services you have purchased through the Website are ones that meet your requirements. If you unsure about what you require, then you can contract the Australian Securities and Investment Commission (ASIC), or the Australian Taxation Office (ATO), or the user’s accountant or lawyer.
Through the use of our online registration applications, the user warrants that the information they have supplied, which includes their declaration upon submitting the Business Name or ABN registration application is, to the best of the user’s knowledge, complete, accurate, and up-to-date. It is an offence against the law to provide false or misleading information to the ASIC or the ATO. It is the sole responsibility to inform us of any changes to the supplied information, which can be done through contacting us at this page.
We are able at any time to request a form of identification to verify user identity, in connection with our Services.
Neither us, nor any of our authorized representatives will be held liable for any charges or other damages or loss occurring in connection with any incorrect information that a user has provided.
The Website aims to provide user with both clear and succinct information. However, if this information is misinterpreted, we are not held liable in any way for any such misinterpretation. Users can contact us if the need to clarify something arises.
We aim to begin work on user registration applications immediately after they have been submitted to us. For the purpose of this, users authorize us through our business division Businessnameregistry.com.au, or our chosen representative to act as:
The user ASIC registered agent on user behalf, in the application for a Business Name;
the user registered tax agent on behalf of the user, in their application for an ABN, if this is relevant; and
The user agent in dealing with the domain name registrar in the application for a domain name, if this is relevant.
Business Name registration services
Business Name availability checks that have been carried out via the Business Name application form on this Website are dependent on the ASIC business names register (ASIC Register). We are not responsible or to be held responsible for any errors or omissions on the ASIC Register, or if the ASIC Register or the system it is on is experiencing various technical issues, such as downtime or maintenance.
Submission of a Business Name application through this Website does not mean there is a guarantee that a user will successfully obtain the registration of their chosen Business Name. We also do not make any warranties as to the registrability of the chosen Business Name.
If the user Business name is not available once the availability check has been carried out, the application will not proceed for that Business Name.
An ABN is to be obtained before any persons can register a Business Name. If and ABN is not obtained, then we may not be able to successfully register the Business Name on behalf of the user.
If the ASIC Register is unavailable for any reasons, we are able to manually file a Business Name application. If a Business Name application has been filed manually in these instances, we would not be able to check the ASIC Register to determine if this Business Name is available. If the chosen Business Name is not available, users can either:
Choose a different business name; or
Obtain a full refund of the application fee from us, minus the $33.85 administration and handling fee (Administration Charge).
If a user does not make the election referred to in paragraph 5(g)(v) seen above, within a period of 10 days of us notifying a user that the Business Name is not available, we will simply provide you with the refund referred to in paragraph 5(g)(v)(B).
If a user’s chosen Business Name is to be reviewed manually by ASIC, then this may cause a delay in the registration of the Business Name, or can result in the Business Name not being registered successfully.
Business Name availability checks on the ASIC Register are carried out on the date of submission of the Business Name application to us.
We will always try to submit user Business Name applications to the ASIC as soon as possible after we have received Business Name applications. If, for any possible reason, a user chosen Business Name is unavailable to a user after submission by us of the Business Name application, we will aim to notify the user as soon as possible to enable the selection of a different Business Name. We are not held liable for any direct or indirect losses, costs, or damages incurred or suffered by a user due to their chosen Business Name being unavailable for registration.
By registering a Business Name, it does not prevent third parties from:
registering a trade mark that is either identical or similar to a chose Business Name; or
registering either a company or business name that is similar to a user chosen Business Name; or
Using as an unregistered trade mark an identical or similar name.
If a user’s Business Name application is either rejected or queried by ASIC for any reason, we will contact ASIC on behalf of the user and attempt to resolve any of the application problems that could have arisen. We will then inform the user of the reason that their application was rejected and also offer the possible solutions where it would be practical to do so.
If an application is necessary to be manually reviewed by ASIC, we may require further evidence of a user’s right to use particular terms. If the necessary information is not provided within the time period allotted, as notified by us, then a Business Name application is subject to being discontinued.
To obtain a review of a decision made by ASIC, an objection is to be lodged with ASIC within 28 days of the date of notice from ASIC.
We will always try to overcome any objections on behalf of the user; however we do not make any guarantee or warranty that we will always be able to do so. If an objection is not successful, we will cancel a user’s Business Name application and then refund the application fee in full.
Business Name renewal services
We will send out automated notifications (Renewal Notification) to users to renew any Business Names registered through this Website prior to an expiry date of a Business Name.
This Renewal Notification will either be sent to the phone number or email address that a user provided in their Business Name application form. If these contact details change, then it is the responsibility of the user to notify us of such changes.
It is the responsibility of the user to renew their Business Name, and we are not held liable for any losses or damages suffered by a user due to their failure to renew their Business Name of if they do not receive the Renewal Notification from us. We also recommend that users keep note of their Business Name renewal dates.
ABN registration services
As a part of our registered tax agent services, we will always communicate with the ATO on behalf of the user, through both electronic and telephone communications to process user applications.
If we are unable to arrange for an ABN registration application to be processed by the ATO immediately through the use of our electronic system, we will then review user applications and manually apply for an ABN on their behalf. In some circumstances, for a select few number of clients, and also based on the specifics contained in certain applications, the ATO makes the stipulation that we are to wait up to 28 days from the date of application submission to us before contacting them to resolve an issue.
If a user application has been placed under a review by the ATO, it may notify user directly through post to the address that has been listed in an application. If this happens, it will typically occur within 14 days of the date that we file an application on behalf of a user.
The ATO may actually reject an application for a number of reasons, which include, but are not limited to:
the information it contains does match inexact detail the information the ATO has on their records;
a user already has, had, or previously applied for, an ABN in the past; or
The ATO is at the time experiencing processing issues in the system, such as downtime or maintenance.
If a user’s application has been rejected by the ATO, we will contact them to discuss the other options available to them to establish a business. If a user chooses not to proceed, we will cancel the ABN application and provide a full refund, minus the Administration Charge.
If a user applies for a Business Name and ABN together, and if the ABN gets refused, then we will cancel both the ABN and Business Name application.
Immediately after we have secured your Business Name and your ABN if it is relevant to the case, we will begin to advise you.
Fees and charges
Fees
Unless it has been otherwise noted in the Terms listed, any fees and charges payable to us are to be paid by users on submission of the Business Name registration application, or renewal form, or an ABN registration application form. A user’s registration application form or their renewal form will not be successfully submitted until the user has paid all the necessary fees and charges.
All payable fees and charges are to be in Australian dollars, unless it has been specified otherwise.
Our service fees include goods and services tax (GST).
Fees payable to the ATO and ASIC during the provision of our services are exempt from GST as government charges are not subjected to GST.
Refunds
To the maximum the law permits, we do not provide any refunds regarding fess that have been paid in connection to the Services, except as stated in the Terms, including:
If the user notifies us that they would like to withdraw their Business Name application, or their ABN application before we have begun the registration process. In these circumstances, we may provide users with a full refund, minus the Administration Charge.However, as services used by us are both automated and synchronized in real time with the relevant Commonwealth government agency, we usually commence our Services as soon as a user has completed their application and have paid the relevant fee.Deciding whether a user is to be provided with a refund under these circumstances is completely at our discretion; or
If an ABN application has gone through submission and then put on hold and not issued, and a user wants to withdraw their application, we may provide them with a partial refund amounting to 50% of the ABN fee, which is also at our discretion.
If received by us any refund from ASIC regarding any charges that have been paid by a user, we will notify them immediately and then refund such money into the account chosen as soon as is available.
Any amounts owed to you by us may be set off against any amounts that are owed to us under or in connection with the Terms listed.
Accuracy of information
We are presenting this Website and the Content involved on a basis of ‘as is.’ We will endeavor to keep any information on the Website as accurate and complete as possible, and most recently up-to-date, however we do not represent or make any kind of warranty regarding the reliability, accuracy, completeness, or currency of the Content, contained on or distributed via, or linked, downloaded, or accessed from the Website or any results that have been obtained from use of the Website.
Availability of the Website
While we endeavor to ensure that this Website, which includes the Content, performance, functionality, and the features are available concurrently, we do not represent or warrant that any access will be secure, error free, uninterrupted, or timely, or that this Website or any related servers are free from hazards such as viruses, bugs, or any other harmful application or interference. Users are solely responsible for employing sufficient procedures and regular virus checks to satisfy their own requirements.
We reserve the right to suspend user access to the Website without prior notice as a result of maintenance, system failure, repair works, or any reasons that may be beyond our control.
Privacy
Our own Privacy Policy, also forms part of the Terms, and applies to any personal information collected by us from users of this Website.
Indemnity
Users indemnify us, which includes our officers, agents, directions, employees, and subsidiaries, against any possible claim or demand, which includes both legal fees and costs made against us by a third party due either due to or arising from breach made by a user of the Terms, or infringement of any law or the rights of any third parties in the course of using Services hosted by us, which includes user registration and use of Business Name, ABN, or domain name that has been obtained via the Services.
Limitation of liability
Using this Website comes at the user’s own risk. The user also agrees to assume full responsibility and any risk of loss resulting from any downloads, use of, access to, or the reliance on any Content that is displayed either on or available through this Website.
Subject to the conditions, warranty, or the right implied by, or likewise any statutory consumer guarantee contained in, any law, including that of the
Competition and Consumer Act 2010 (Cth), which cannot by law be excluded by any agreement: no warranties are given by is, and users have no other rights apart from those that have been explicitly set out in the Terms; and
Any implied conditions, guarantees, warranties and rights are also excluded.
We have excluded, to the total extent that is permitted by law, any liability which may arise from user use of the Content, this Website and the Services. Where this liability is unable to be excluded, any liability incurred by us is, to the extent permitted through law, limited as provided and per our option under the section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 ()
Subject to the mentioned provisions of the clauses 11(b) and 11(c) of the Terms listed, and despite implications arising from any other provisions made in these Terms, we are not, and will not be, liable to a user in contract, in tort (which includes negligence), under any statute (to the extent permitted through law) or otherwise for, or in respect of, any direct or indirect loss, costs or any damages that user incur or are liable for in connection with their use of the
Website, the Services, or the Content, which includes but is not limited to: any possible loss or claim that relates to user registration and use of a Business Name, ABN, or domain name obtained through this Website; or
If this has been caused by any computer virus including a virus passed from the Website to a user computer or any other device or a third party computer, or loss of online connection to the Website, the Services, or the Content, or interruption in the access to the Website, the Services, or the Content.
Users are responsible for ensuring that the chosen Business Name or domain name does not infringe a third party’s registered trade mark, or beach the ACL, or amount to passing off regarding a third party’s rights. We are not liable to users, or to a third party in connection with claims regarding the breach of any legislation, or common law rights relating to the registration and use of the Business Name or the domain name.
Any kind of reliance users place on, or any act done based or in a response to the Content or the Website will be at user-own risk. Users indemnify use against any loss or damage of any type suffered by them in relying on the Content or the Website.
Third Party Sites
We may provide any links to other websites that are not either under our control or maintained by us (Third Party Sites).
These links we provide to you are only as a matter of convenience, and to the maximum extent that is permitted through law, we will not be held responsible for the content of any such links from Third Party Sites.
Any link that has been provided to a Third Party Site does not hold the implication that:
- The Third Party Site in question is affiliated with us in any way;
- The Third Party Site in question is legally authorized to obtain and use our trademarks, trade names, logos or copyrights; or
- We have the legal authorization to use the trademarks, trade names, logos, or copyright of the Third Party Site in question.
- We neither take nor hold any responsibility for any Third Party Site accessed via the Website. We also do not make any representation, warranties, or undertakings regarding the content available on or through any Third Party Site.
- If a user decides to link to a Third Party Site, then they leave our Website at their own risk.
Termination
We reserve the right to immediately terminate any of your user access to either all or any part of this Website, the Content, or the Services if you are to breach any of the Terms listed.
We may also otherwise terminate your access to this Website, the Content or the Services with reasonable notice, which will not be of a period less than 7 days.
Modification to Terms
We reserve the right to amend any of these Terms and any of our other policies relating to the Website, at any time, at our discretion without notice. If these amendments are made, they are effective upon publication on the Website or otherwise notified if necessary.
Users are responsible for considering and reviewing these Terms on a regular basis. If choosing to continue to use this Website and our Services after any amendments have been made constitutes your consent to any such amendments.
General
The Terms we have listed are those governed by the laws of New South Wales, Australia. Users will submit to the jurisdiction held by the courts of that State. If it is found that any of the provisions or parts of the Terms listed are for any reason invalid or unenforceable, the validity of the remaining portions are not to be affected and the portion remaining is to stay in full effect.
The Terms listed record the whole agreement between the user and us in relation to the use of this Website, the Content, and the Services.