Terms & Conditions


1.    Accessing this Site

  1. These terms and conditions (Terms) govern your access to and use of:
    1. this website www.trusts.com.au provided by Business Switch Pty Ltd (ACN 134 235 304) (weus or our); and
    2.  the discretionary trust creation services (Trust Services) and the Documents (as defined below) (collectively, the Services) provided through the Website.
  2. If you do not agree with all of these Terms including our privacy policy, do not access or otherwise use this Website or the Services or any information or materials contained on the Website.
  3. Your use of the Website or the Services means you agree to abide by the Terms below.

2.    Your rights and obligations in respect of the Website

  1. You may view and download and/or print any of the content on the Website, including all text, graphics, images, information or any materials on the Website (Content) that we have expressly permitted may be printed or downloaded on your personal computer, laptop, smart phone, tablet, PDA or other similar device, to avail of our Services or for use in a personal and non-commercial capacity.
  2. You will not:
    1. alter or remove any copyright, trade mark or other proprietary notice of ours or of anyone else on the Website or the Documents;
    2. modify, edit, publish, sell or license the Content or the Documents, including, but not limited to, making the Content or Documents available on any other website; 
    3. to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website;
    4. create any links from any other website to this Website without our express prior written permission;
    5. use any Content on the Website for any commercial purpose;
    6. use any robot, spider, other automatic device or manual process to monitor or copy any Content or Documents without our prior written consent;
    7. use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; or
    8. take any action that imposes an unreasonable load on the Website's infrastructure.

3.   Intellectual property 

  1. All intellectual property rights in:
    1. all Content and other information included on this Website;
    2. the arrangement of the Content on the Website; and
    3. the documents provided by us to you in connection with our Services (other than Government issued documents), such as the trust deed  (Documents),

 are owned by us or our licensors. 

    2.  No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our              permission except for printing and storage for personal use or other specific use allowed under copyright law.

    3.  Any use of the trade marks, logos or product names on our Website, without permission from us or the relevant rights          holder is prohibited, except where specific use is authorised under trade mark law or other laws.

    4.  On providing the Documents to you, we grant you a non-exclusive, royalty-free, non-transferable licence to use the                Documents for the purpose of administering your trust and subject to these Terms. You may only use, copy, reproduce          or transmit the Documents for this purpose.

    5.  You must not modify the Documents without our permission. You must not copy or permit a third party to copy any              part of the Documents to create another trust or for any other purpose outside of these Terms.

.    No professional or legal advice

  1. The information provided on this Website is provided for general information purposes only and does not constitute professional advice.
  2. You must exercise independent skill and care in selecting any of the Services referred to on, or made available through, this Website.
  3. We do not give any advice as to the appropriateness or suitability of the Services, including the Documents, for you.
  4. We are not a law firm and we do not provide, nor claim to give any legal, tax, financial or accounting  advice or services as part of the Services.
  5. The trust deed provided to you as part of the Services (Trust Deed) has been provided to us by Henry Davis York ABN 94 516 079 651 (HDY).
  6. Holding assets in or conducting business through a trust has tax and legal implications. You should seek independent legal advice on any tax implications of your trust, commercial issues and the likely treatment of your trust.
  7. As the facts of each case are different, it is solely your responsibility to ensure that the Services, including the Documents meet your requirements. If you are unsure about your requirements, you should contact the Australian Taxation Office, your accountant or lawyer.
  8. The Trust Deed and other Documents are general documents that have been created based on the answers that you have provided in the trust deed creation form completed by you through the Website. You are responsible for the information contained in the Documents which are based on your answers.
  9. This Website and the Documents aim to provide you with clear and succinct information. However, if you misinterpret such information, or make a mistake in providing answers to the questions on the Website, we are not liable in any way for any such misinterpretation or mistakes. Please contact us if you need to clarify something.

5.    The Services

  1. In using our Services, you warrant that the information you supply is, to the best of your knowledge, accurate, complete and up-to-date.
  2. We may at any time request a form of identification to verify your identity in connection with our Services.
  3. Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you.
  4. The Documents are only for use for Australian discretionary trusts. They are not to be used for any other type of trusts or for trusts which are subject to any law outside of an Australian state or territory.
  5. We do not attend to stamping your Trust Deed. It is solely your responsibility to ensure that you pay the correct stamp duty relevant to your trust within the correct timeframes.

6.    Fees and charges

  1. Fees
    1. Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you on submission of the relevant application form through the Website. Your application form will not be successfully submitted until you pay all relevant fees and charges.
    2. Unless otherwise stated, all fees and charges are in Australian dollars.
    3. The fees are inclusive of goods and services tax (GST) where applicable.
  2. Refunds and set off
    1. To the extent permitted by law, we do not provide any refund of fees paid in connection with the Services.
    2. We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.

7.    Accuracy of information - the Website, Content and the Documents

  1. We are providing this Website, the Documents and the Content on an “as is” basis.
  2. While we try to keep the information on the Website as well as the Documents as accurate, complete and up to date as possible, we do not (and in respect of the Trust Deed, HDY also does not) represent or make any warranty in respect of the accuracy, reliability, completeness, currency or the commercial, tax or legal effect of any of:
    1. the Content, contained in or distributed through, or linked, downloaded or accessed from this Website;
    2. the Documents, including the Trust Deed; or
    3. the results obtained from using this Website.

8.    Availability of the Website

  1. While we try to ensure that the Website, including the Content, functionality, performance and features are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
  2. We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond our control.

9.    Privacy

Our Privacy Policy, which forms part of these Terms, applies to any personal information collected by us from users of the Website.

10.   Indemnity

  1. You indemnify us (and our officers, directors, agents, subsidiaries and employees) against any loss, costs, liability or damage suffered by you or claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using our Services, including your creation and administration of a trust via the Services.
  2. You indemnify us against any claim, loss, liability or damage of any kind suffered by you or any third party relating to the Services or in relying on the Content, the Documents or this Website including due to:
    1. the Services or the Documents not being suitable for their intended purposes or circumstances;
    2. you failing to obtain legal, tax or other professional advice relating to the Services that you obtain from us;
    3. you or any third party modifying or amending the Documents in any way;
    4. you failing to answer the questions asked of you via the Website or the Documents accurately or completely; or
    5. you breaching these Terms in any way.

11.   Limitation of liability

  1. Your use of this Website and the Documents is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content or the Documents available on or through this Website.
  2. We and HDY do not warrant that the Documents, including the Trust Deed, are entirely free from defects, errors or omissions nor that they are fit for any particular purpose.
  3. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
    1. we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
    2. all implied conditions, guarantees, warranties and rights are excluded.
  4. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, this Website, the Documents and the Services. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (ACL).
  5. Subject to the provisions of clauses 11(c) and 11(d) of these Terms, and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website, the Documents, the Services or the Content, including, but not limited to:
    1. any loss or claim relating to your creation of a trust or registration; or
    2. if caused by any computer virus including a virus passed from this Website to your computer or other device or any third party computer, or loss of online connection to this Website, the Documents, the Services or the Content, or interruption to access to this Website, the Documents, the Services or the Content.
  6. Any reliance you place on, or any act done based on or in response to, the Content, the Documents or this Website will be at your own risk.

12.   Third Party Sites

  1. We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).
  2. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites.
  3. Any link to a Third Party Site does not imply that:
    1. the Third Party Site is in any way affiliated with us;
    2. the Third Party Site is legally authorized to use our trade marks, trade names, logos or copyright; or
    3. we are legally authorized to use the trade marks, trade names, logos or copyright of the Third Party Site.
  4. We take no responsibility for any Third Party Site accessed via the Website. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site.
  5. If you decide to link to a Third Party Site, you leave our Website at your own risk.

13.   Termination

  1. We reserve the right to immediately terminate your access to all or any part of this Website, the Documents, Content or the Services if you breach any of these Terms.
  2. We may otherwise terminate your access to this Website, the Content or the Services upon reasonable notice, which will not be less than 7 days.

14.   Modification to Terms

  1. We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified.
  2. You are responsible for reviewing these Terms regularly. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments.

15.   General

  1. These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
  2. If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.
  3. These Terms record the entire agreement between you and us in relation to your use of this Website, the Documents and the Services.

Last updated 5 Aug 2015