1. About Airtax Platinum

Vialto (Vialto Partners, Vialto Australia, we, us, our) refers to the entity identified at vialto.com/about, which is authorised to assist you with Australian tax compliance. 

Airtax is used to assist you in providing us with your Australian tax information. Airtax connects to the Australian Taxation Office (ATO) and allows certain data to prepopulate or surface based on information already on hand, saving you time in providing the information needed to prepare your tax return.

You are responsible for providing your income, expenses and other information. We prepare your tax return and calculate an estimate of the Income Tax amount payable or refundable to the ATO based on this information. Once the return has been prepared and reviewed by us, you may be required to review and confirm that the information included on the finalised tax return for lodgement is accurate and complete. Vialto will then lodge the tax return on your behalf.

Your use of Airtax is governed by the Terms of Use set out in Section 3 below. Any collection of personal information by us is governed by the Privacy Collection Statement set out in Section 4 below. 

2. Tax Agent Authorisation

You appoint Vialto Partners as your tax agent in Australia to act on your behalf and communicate with the Australian Taxation Office (ATO) and other related government agencies (e.g. Services Australia in relation to Medicare exemption status) as needed. This appointment authorises us to act on your behalf in relation to your Australian tax affairs, this includes preparing, lodging and managing the following (as applicable):

• Income tax returns
• Activity statements
• Medicare Entitlement Statement applications
• Lodgment deferral requests
• Tax File Number (TFN) applications
• Certificates of residency
• Updating basic details with the ATO as needed (e.g. your address, bank account details, etc) 
• Other tax-related forms and applications as needed as part of your Australian tax affairs

We may also act on your behalf in dealing with the ATO and other relevant government agencies in relation to your Australian tax affairs. This may include making enquiries, submitting requests or following up on items such as refunds, payments, account balances or general (non-complex) matters via Online Services for Tax Agents or ATO phone channels, as needed. 

Additionally, where authorised to administer your tax mail (e.g. receive notices from the ATO), we will set your communication preferences so that relevant correspondence (Income Tax, Activity Statements and debt-related notices) is sent to us. We will review and forward this to you (and/or your employer, where applicable). Some ATO communications may be issued digitally, while others will be sent by post. 

Note: Correspondence relating to Superannuation, Study and Training Support Loans, and employer or business obligations will not be redirected to Vialto unless specifically requested.

Tax Regulatory & Privacy Disclosures 

Important information about privacy, record-keeping, audits, penalties, interest, and the Code of Professional Conduct is available here: https://vialto-regional.foleon.com/gm/australia-taxes/regulatory-disclosures.

We may also need to disclose your Tax File Number and/or tax residency status to your employer, family members or other Vialto representatives where needed to deliver our services.

By accepting these terms, you confirm that you have read and understood these matters.

3. Terms of Use

These Terms of Use govern your use of Airtax. 

By clicking “I accept”, you agree with Vialto Partners to be bound by these terms in your personal capacity. 

For clarity, Vialto Partners' agreement with you in these terms does not affect Vialto Partners' or Vialto Partners Client's rights and obligations under the engagement letter or other agreement between them regarding the Services. 
 

1 Our Services

1.1 Scope – This agreement sets out the Terms of Use (terms) on which we permit you to use Airtax. We provide our Services to you in accordance with our engagement letter with you or your employer and via your use of Airtax.

1.2 Changes – We may modify these terms at any time by updating a revised version of these terms or by notifying you. The effective date of any modification of the terms will be upon our update. By continuing to use the Services after the effective date of any modification, you are bound by the modified terms. It is your responsibility to check the terms for modifications. Any other changes to the Services or these terms must be agreed between us in writing.

1.3 Services for your benefit – Our Services are provided solely for your use for the purpose of acting as your tax agent (e.g. lodging your income tax return) with the Australian Taxation Office (“ATO”).

1.4 Authorisation to prepare and lodge your income tax return – By accepting these terms, you authorise us to prepare and lodge your income tax return on your behalf, as your tax agent. If there are changes to your return, you will be required to provide further consent.

1.5 Our outsourced services and cloud computing – In addition to any subcontractors and other third party providers referred to in your employers'/your independent engagement letter with Vialto, the contractors and suppliers referred to in clause 7.4 include but are not limited to providers of outsourced services and cloud computing described here: https://www.vialto.com/about 

2 Use of Airtax Platinum

2.1 Use of Airtax – We permit you to use Airtax on these Terms of Use. In relation to your use of Airtax, you agree that:

• Airtax remains our property, and no intellectual property in it is transferred to you under the terms of this agreement or otherwise.
• Airtax is for the use of our clients solely for the purposes described in it. You may not make any use of Airtax other than for those purposes and on the terms set out in this agreement.
• you may not provide Airtax, or access to it, to any third party without our consent or otherwise as set out in Airtax. You must not copy, reproduce, translate, modify or alter Airtax or do any act which infringes the copyright relating to it or breach any restrictions on the use of any material or the intellectual property, confidentiality, privacy or other rights of Vialto or anyone else.
• you may not, in connection with the use of Airtax, send, store or distribute any viruses, worms, Trojan Horses or other disabling code harmful to a network or system.
• you must ensure that you and anyone who you permit to use Airtax on your behalf uses reasonable efforts to prevent any unauthorised use of it, and you will immediately notify us in writing of any unauthorised use that comes to your attention.
• you are responsible for any use of Airtax by any person you permit to use it on your behalf as if you were the user.
• you may not use Airtax to store material. You are responsible for keeping copies of any material you upload to or download from Airtax.  

2.2  Connecting to Airtax through myMobility – You give us permission to access and use your information from myMobility as permitted by that service, and to store your login credentials for that service.

3 Applicable law

The law applying to this agreement is the law in force in New South Wales. Both of us submit to the exclusive jurisdiction of the courts of that state and waive any right either of us may have to claim that those courts do not have jurisdiction or are an inconvenient forum.

4 Data Hosting

We use third party providers of cloud-based Platforms as a Service (“PaaS”) and data hosting to host Airtax. We store the information in the cloud environment in an encrypted format. You acknowledge that any information inputted into Airtax (including any personal information) will therefore be transferred to the PaaS and data hosting providers (who may in turn provide the information to other parties) (together, the Data Host), which may be located outside of Australia. The Data Host may not be subject to privacy obligations that are similar to the Australian Privacy Principles, and may be subject to a foreign law that could compel the disclosure of information (including personal information) to a third party, such as an overseas authority. You agree that in no event shall Vialto or its beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of a Data Host, which may include the following:

• Airtax being subject to scheduled or unscheduled downtime;
• the failure (or absence) of measures to secure the information against accidental or unlawful loss, access or disclosure;
• suspension of access to Airtax; or
• erasure or modification of the uploaded information.

As an end user of Airtax, you must not do anything or omit to do anything that would give rise to a liability of Vialto (if it were our act or omission) under the Microsoft Azure Service Agreement and Terms available at https://azure.microsoft.com/en-us/support/legal/ as modified from time to time, including without limitation by breaching the Acceptable Use Policy or other Policies (each as defined in that agreement).

5 Definitions

In this agreement the following words and expressions have the meanings given to them below

5.1 Services – use of Airtax as set out in this agreement

5.2 this agreement – these Terms of Use

5.3 you – the taxpayer for whom the Services are provided

5.4 we, us, or Vialto – as used in this privacy policy, “Vialto” (and “we”, “us”, or “our”) refers to the entity identified at vialto.com/about, its affiliates and other entities in the Vialto professional network.

5.5 Vialto Client – the client that engaged Vialto to provide the Services under a separate engagement letter or agreement

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User Confirmation

I have read these terms and accept them. 

BY CLICKING THE 'I ACCEPT' BUTTON BELOW YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THE VIALTO INFORMATION COLLECTION STATEMENT AND AGREE TO THEM AS A CONDITION OF YOUR ACCESS AND USE OF THE SITE.

4. INFORMATION COLLECTION STATEMENT

Vialto respects your privacy.

Vialto (we, us, our) is committed to protecting your privacy. We are bound by the Privacy Act 1998 (Cth), and comply with our obligations under the Australian Privacy Principles.

We collect your personal information to enable you to access and use Airtax Platinum and so we can provide you with our services. We generally don't collect sensitive information about you, unless you provide it to us voluntarily. You consent to us collecting sensitive information which you provide to us voluntarily, in accordance with our Privacy Policy. We have security measures in place to ensure your sensitive information is protected.

If you provide us with personal information about others, you agree to inform the individual that the information is being collected and why, how it will be used and the matters outlined in this statement.

We only disclose your personal information as described in our Privacy Policy and this Information Collection Statement, and you consent to us disclosing your personal information on that basis.

We disclose your personal information to our third party PaaS and data hosting providers. Given the nature of the services, we will also disclose your personal information to Australian regulators including the Australian Tax Office. 

You don't have to provide us with your personal information, but if you do not, we may not be able to offer you access to Airtax or our services, or may be restricted in the way we provide our services to you.

Vialto is a global network, with member firms located around the world. We may transfer or disclose your personal information to Vialto member firms, but only for the purposes set out above. You can find a list of countries in which Vialto member firms are located here: Vialto territory sites We also use third party service providers such as IT, web hosting, data storage, back-up and data analysis service providers located in various countries to process information on our behalf. These service providers are bound to maintain appropriate levels of information security and confidentiality, and to process personal information only as instructed by Vialto.

You have a right to access any personal information we hold about you, and you can ask us to update, correct or delete your personal information. For more information on how you can access your personal information, opt-out, or contact us with any questions, concerns or privacy related complaints please see our Privacy Policy which is available at www.vialto.com/privacy or contact us at privacy@vialto.com.