Terms & Conditions

Our Terms and Conditions Policy

Terms of Engagement

This engagement is between you and Creative by Numbers Pty Ltd, Registered Tax Agent No. 25855696 (“us” / “we”) trading as Creative by Numbers. The Service you are engaging us to perform comprises assistance with the lodgement of your individual tax return with the Australian Taxation Office (ATO) and any related use of the Creative by Numbers website, or any information held on the website, to calculate and disclose the information relevant to your taxation affairs.

You authorise us to review the information that you provide through this Service and lodge your tax return with the Australian Taxation Office (ATO) based on the information that you have provided and according to the obligations imposed on us under the relevant Tax Acts -the Income Tax Assessment Act of 1936 ans 1997, the Taxation Administration Act 1953 (Cth) and the Tax Agent Services Act 2009 (Cth).

You consent to and authorise us to collect your Tax File Number and related taxation information in order to act on your behalf in regard to your taxation affairs. You consent to and authorise us to disclose your Tax File Number and other information to the ATO on your behalf in regard to the conduct of your taxation affairs.

We will request extensions of time if applicable and receive notices of correspondence from the ATO on your behalf. If you provide incorrect bank account details on the Form, you agree to accept all risk and loss associated with your funds being transferred to an incorrect account.

You may terminate this engagement at any time. If you terminate this engagement, you agree to pay all outstanding monies owed for the Service provided to the point of termination.

We reserve the right to terminate this engagement at any time without notice and with immediate effect in the event of any conduct by you which we consider to be unacceptable, illegal or that constitutes a conflict of interest.

The information provided on the Creative by Numbers website is intended to be used as guidance only. You are responsible for the accuracy of the information provided to us and for the full disclosure of all earnings and other relevant information. We do not take any responsibility for the accuracy of the information provided to us through the website or use of the Service.

You agree that you will advise us immediately if there are any changes to the information you have previously provided to us for the preparation of your tax return.

You acknowledge that you remain ultimately responsible for the truthfulness, accuracy and completion of your tax return and you acknowledge that you remain responsible for ensuring that your tax return has been lodged with the ATO.

We do not warrant that the website or Service is free from all errors or omissions. The use of or reliance on information provided through the Service is at your own risk. We will not under any circumstances be held liable for any injury, loss, damage, expenses or any liabilities whatsoever, arising from or related to the use, or incorrect use, of the information provided by the Service to the maximum extent permitted by law.

You are responsible for paying all fees, charges and any arising tax obligations associated with the use of this Service. All fees and charges are non-refundable and are payable within 14 days of invoice.

Our estimated fees are documented on our website; however, our final fees are based on the time taken to complete the service and we reserve the right to amend the final fee accordingly. We will always strive to communicate and agree this with you throughout the process.

We warrant that information received from you will be kept private in accordance with the below Privacy Policy and we will comply with the requirements of the Tax Acts in respect of the collection and use of your information. No part of that information will be passed to any third parties without your consent, other than to fulfil requests by the ATO, the Tax Practitioners Board or other parties that are required to access that information by law or under the Tax Acts.

You must not attempt to violate any security on the Creative by Numbers website, including attempting to download source code, spreading malicious viruses or programs with the intent to interfere with website security.

To the maximum extent permitted by law, we exclude all representations, warranties, guarantees and conditions, whether express or implied, by statute, trade or other. Where certain rights and remedies under Australian State or Federal law cannot be excluded, restricted or modified, then to the maximum extent permitted by law our liability to you is limited to resupply of the services or payment of the cost of resupplying the services.

These terms and conditions are governed by the State Laws of New South Wales (NSW) and you agree to submit to the jurisdiction of the courts of NSW. We reserve the right to amend these Terms and Conditions at any time and will notify you when updated. When you access the Service you agree to do so in accordance with acceptance of the latest version of the Terms and Conditions.

Privacy Policy

This Privacy Policy covers all services and agreements with Creative by Numbers Pty Ltd, registered as Tax Agent #25855696 (“we/ us”) trading as Creative by Numbers

The privacy of your information is of key importance to us.

This Privacy policy explains how we may collect information and the type of information that we may collect and how we may use, disclose and protect that information.

This applies to information collected online through the Creative by Numbers website and communicated directly to us by phone, email or other methods of communication in relation to the preparation and lodgement of your tax return (the “Service”).

Types of information

We collect personal information about you, your spouse or de facto, your dependents and your business, as well as other individuals (such as subcontractors and employees), when you use our Service. The information includes, but is not limited to:

Your Tax File Number (“TFN”)
Your date of birth and other personal identifying information such as photo identification documents
Your contact details
Your income, expenses and other financial information
Your spouse and de facto personal and income details
Your login information
Your bank details
You IP address or other system details, when using electronic signature requests
We only collect this information directly from you, submitted to us voluntarily through the website or directly to us by phone, email or other direct method, or when using our third-party Service Providers.

This information is required to provide the Service to you and if you choose not to disclose certain information we may not be able to fulfil your request for our Service.

Cookies or other data technologies may be used on the Creative by Numbers website in order to ensure that the website functions properly, as well as enhance the user experience or to measure the number of users and visitors to the site or specific web pages. This information may be collected individually or in aggregate.

You may opt out or block cookies and other technology on the website or adjust your browser to request permission when a site tries to place a cookie. Parts of the website may not work if cookies are not enabled and we may not be able to fulfil the Service to you.

We do not use cookies or data tracking services for marketing or advertising purposes.

The contact form on our website uses ReCaptcha technology to protect our site from cyber attacks and bots. The Recaptcha technology make collect some of your information such as your IP address to verify you. We only use this information to protect our site and will never use this information for marketing purposes. By using our contact form you agree to the Privacy Policy and Terms and Conditions of Google ReCaptcha, which you can find at the following link: https://www.google.com/recaptcha/intro/v3.html.

The Australian Taxation Office (“ATO”) may require that we collect your personal and system information in connection with the preparation and lodgement of your tax return. This may include your TFN, other personal identifying information such as your date of birth and IP address. The ATO may also share information with us about you.

Use of your information

We will use your information to provide the Service that you have requested. We will not share your information with third-parties for marketing purposes.

We may use your information to contact you with relevant information relating to the Service, such as to inform you of communication from the ATO or advise you of statutory deadlines.

We may also use your information to contact you about the Services that we offer or to deliver our newsletter. You may choose to opt out of this communication by emailing contact@creativebynumbers.com.

Disclosure of your information

We may disclose your information to our Service Providers, where permitted by applicable law. These Service Providers are essential to the fulfilment of the Service for you.

We reserve the right to update our Service Providers at any time without notifying you.

We also disclose your information when communicating with the ATO and State Taxing authorities. We may be requested to disclose your personal information, including but not limited to your TFN, IP address and bank account details, in order to process and electronically file your tax return.

We may be required to disclose your information to federal, state or other local officials and law enforcement agencies. This may occur if we have a good reason to believe that this information is required by Law, such as in connection with a court order, legal jurisdiction, or other investigative proceeding that provides a request to us. We may also provide your information to federal, state or local officials to report activities that may constitute a violation of criminal law or to assist in investigating or prosecuting a violation of criminal law.

We will not use or disclose your information for purposes other than set out in this policy or notified to you at the time of collection.

You may choose to opt out of any disclosure of your information, unless it is required by law, by written notification to contact@creativebynumbers.com or to the postal address detailed below. This may affect whether we are able to fulfil your request to provide the Service to you.

The security of your information

The security of your information is of utmost importance to us.

If we share your information with our Service Providers, we require them to have written conditions that specify the safeguard of your information and prevent them from unauthorised use of your information.

When you use the Creative by Numbers website you are required to password protect your account so that only you have access to this information. We strongly recommend that you do not share your login information with anyone. We will never ask for your login information via email or phone.

To maximise the security of your data, ensure that you always logout of the browser when you have completed your session.

We use the latest S.S.L technology on our website, however information submitted over the internet or held on electronic storage can never be 100% secure and therefore we cannot guarantee absolute security. We ensure that we take steps to mitigate security risks to the extent that we are able to, such as two-factor authentication and encryption.

We have a duty under law to disclose to you if we suspect that any of your personal data has been compromised.

Length of data storage

Your information is stored on our servers whilst we are providing you with our Service and subsequently, for as long as it is required to comply with our legal obligations.

If you partially complete the online information but do not submit your data to engage the Service, we will keep your information until the end of the following financial year, at which point we will delete this information from our system.

Location of data storage

Your information is held on servers within Australia. If you are accessing the Service from outside Australia, you consent to your data being transferred to Australia and recognise that the laws in Australia may not provide the same level of protection of your personal information as in your home country.

Privacy Policy Updates

This Privacy Policy may change as required from time to time by Law. If we make any material changes to how we collect, store or use your data we will notify you directly by email at least thirty days prior to the change taking effect.

Contact information

If you have any concerns or questions regarding this Privacy Policy or would like to access or discuss your information, you can contact us as follows:

Email: contact@creativebynumbers.com

Post: Privacy Department

PO Box 175
Clifton Hill
VIC 3068

Photo Credit: @BharathSuresh