Terms of Use

Introduction

These Terms of Use (“Terms”), together with our Engagement Letter and Privacy Policy, govern your use of our website and any professional services provided by FinCore Advisory (“FinCore”, “we”, “us”, “our”).

By accessing our website or engaging our services, you agree to be bound by these Terms. If there is any inconsistency between these Terms and an Engagement Letter, the Engagement Letter prevails.

Our Services

We provide accounting, taxation, business advisory, SMSF, payroll, company registration, trust setup and related professional services as outlined in your Engagement Letter. We will perform our services with reasonable skill and care in accordance with applicable professional standards.

Your Obligations

You agree to provide complete and accurate information, provide timely access to records, systems and staff, notify us immediately if information becomes inaccurate, retain responsibility for decisions made based on our advice, and pay our fees in accordance with agreed terms.

We are entitled to rely on information provided by you without independently verifying it.

Confidentiality

Both parties agree to maintain strict confidentiality of all information obtained during the engagement, except where disclosure is required by law, by court order, by regulatory authorities (ATO, ASIC, TPB), for internal compliance or risk management, or to protect legitimate business interests.

Reliance on Advice

Advice provided by FinCore is for your sole use, is based on the information you provide, and must not be relied upon by third parties without written consent. Oral or draft advice should not be relied upon unless confirmed in writing. We are not obligated to update advice for events occurring after issuance.

Electronic Communication

If you request electronic transmission of documents, you accept risks associated with electronic transmission, you release us from claims relating to unauthorised access post-transmission, you acknowledge potential delays or non-delivery, and you accept risks of viruses or system damage. Electronic advice is not to be relied upon unless confirmed in writing.

Fees & Payment Terms

Fees are as stated in your Engagement Letter and may be reviewed periodically. GST is payable in addition to fees. Payment terms are 14 days unless otherwise agreed. Interest may apply on overdue accounts, and we may suspend services for unpaid fees.

You are responsible for reimbursing professional time and expenses if we are legally required to produce documents or attend proceedings relating to your matter.

Suspension & Termination

Either party may terminate the agreement if a material breach occurs, insolvency arises, or services are suspended for unpaid fees. We may terminate immediately if changes in law or professional standards prevent continued service. Termination does not affect accrued rights or outstanding payments.

Limitation of Liability

Liability limited by a scheme approved under Professional Standards Legislation.

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss and for loss of profits or data. Our liability is limited to the amount permitted under the applicable professional standards scheme. Where a professional standards scheme does not apply, liability is limited to ten (10) times the professional fees paid for the services giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded by law.

Indemnity

You indemnify FinCore against losses, claims or liabilities arising from false, misleading or incomplete information provided by you, third-party reliance on advice provided to you, or breach of your obligations under this Agreement.

Website Use & Digital Services

You must not attempt to breach website security, introduce malicious software, access unauthorised systems, reverse engineer software, or misuse tools available on the website.

Intellectual Property

All content, including website materials, templates, branding, reports and documents, remains the property of FinCore Advisory or its licensors. You may not reproduce or commercially exploit any content without written consent. You retain ownership of your data but grant us a licence to use, store and back up your data for service delivery purposes.

Data & Backup

You must maintain your own backup copies of data. While we implement best-practice backup procedures, we do not guarantee against data loss. We are not liable for data loss unless caused by gross negligence or wilful misconduct.

Third-Party Applications

If you use third-party applications in conjunction with our services (e.g., Xero, QuickBooks, MYOB), you acknowledge such providers may access your data, and we are not responsible for data disclosure or loss caused by third parties.

Privacy

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles. Please refer to our Privacy Policy for full details.

Force Majeure

We are not liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, government actions, cyber incidents, infrastructure failures, and pandemic or emergency restrictions.

Governing Law

These Terms are governed by the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of New South Wales courts.

Variation

No variation of these Terms is valid unless confirmed in writing by both parties, or accepted electronically in connection with updated service offerings.