STANDARD TERMS & CONDITIONS OF ENGAGEMENT OF MYTAX.CO.NZ LIMITED

These standard terms & conditions of engagement (“Terms”) govern all use of the MyTax.co.nz Limited (“MyTax”) website, iPhone application, Android application, and the services MyTax provides. Use of the website, applications and/or services provided by MyTax will be deemed to constitute acceptance of these Terms.

  1. AUTHORITY TO OBTAIN INFORMATION FROM INLAND REVENUE
    1. I give authority for MyTax to act as my tax agent for all purposes associated with the preparation of my Personal Tax Summaries (“PTS”) and tax returns, and to ‘link’ me to their tax agency client list with the Inland Revenue Department (“Inland Revenue”), until I request otherwise.
    2. I acknowledge that this gives MyTax authority to do all of the following:
      1. Link my IRD number to their client list on an ongoing basis and, if I already have a tax agent, delink me from my previous agent’s list.
      2. Obtain and retain all information necessary for MyTax to perform the services requested, including information from Inland Revenue in regards to all my tax types, including income tax, student loan, ‘Working for Families’ and rebates, and all other tax matters, by any available contact method, including phone, internet, fax, mail, email and all e-services.
      3. Sign PTS/tax returns on my behalf.
      4. Collect and retain information about me for use by related parties of MyTax (including subsidiaries and joint venture entities) and companies with whom MyTax shares a commercial relationship.
    3. On linking, all correspondence relating to income tax will be sent to MyTax. Relevant correspondence will then be forwarded to me via post or email. All correspondence from Inland Revenue relating to any other tax type or matter will continue to be sent directly to me unless Inland Revenue hold an invalid address in which case it will be redirected to MyTax. I understand that it is my responsibility to ensure that both MyTax and Inland Revenue have my current address.
    4. I acknowledge that MyTax reserves the right to withdraw me from their services and ‘delink’ themselves as my tax agent with the Inland Revenue Department at any time and without notification. I agree that should this occur I will still be liable to pay MyTax any fees (as set out in clauses 3.1 to 3.3) which were incurred prior to my withdrawal.
  2. ACCURACY OF INFORMATION
    1. MyTax relies upon the information submitted by the taxpayer and provided to it by Inland Revenue. I acknowledge that I am solely responsible for ensuring that all information I provide or that is provided on my behalf to MyTax is complete and accurate and that MyTax does not undertake any audit or verification of such information (unless the information is covered by clause 7.1).
    2. I acknowledge that submitting an application constitutes my electronic signature.
  3. FEES
    1. I agree to pay to MyTax as a tax return/PTS preparation fee:
      1. a sum equivalent to 15% (minimum $17.99, maximum $399) of all tax refunds or credits paid from every PTS requested by MyTax on my behalf via the MyTax website (Note: a lower fee of $4.99 will apply for gross refunds $50.00 and under and a maximum fee of $24.99 will apply for clients under 18 and still at school);
      2. a sum equivalent to 12% (minimum $17.99, maximum $299) of all tax refunds or credits paid from every PTS requested by MyTax on my behalf via the MyTax iPhone or Android application (Note: a lower fee of $4.99 will apply for gross refunds $50.00 and under and a maximum fee of $24.99 will apply for clients under 18 and still at school);
      3. if an IR3 tax return is required, a sum equivalent to 15% of the total year refund plus an additional charge of up to $99 (maximum charge of $500) for both website and iPhone or Android applications (Note: a lower fee will apply for gross IR3 refunds under $300); and
      4. in the event an IR3 tax return is required, but no IR3 refund is payable, I will incur a $50 upfront charge associated with the preparation of the IR3 tax return; and
      5. if a donation return is processed, a sum equivalent to 15% of the total year rebate (minimum $35, maximum $500) for both website and iPhone or Android applications; and
      6. if a Rental tax return is required, a sum equivalent to 15% of the total year refund plus an additional charge of up to $199 (maximum charge of $500) for both website and iPhone or Android applications; and
      7. an administration fee may be applied where a tax return is received, but a PTS in respect of that return has not been requested by MyTax on my behalf.
    2. Any ‘Working for Families’ transfers that are released will be subject to the fee structure set out in clause 3.1 above.
    3. I agree to pay to MyTax the following fees, to the extent relevant:
      1. a fee of $3 per attempt for electronic verification of my driver’s licence and/or passport;
      2. a fee of $2, if my tax refund is paid as a cheque;
      3. a fee of $35 for any cheque cancellation I require; and
      4. a fee of $20, if I require an international bank transfer. Additional fees may also be imposed by any foreign bank to which payment is made.
      5. any fee charged by our bank for the trace and/or recovery of funds in the event of an incorrect transaction taking place
  4. RECEIPT AND PAYMENT OF TAX REFUNDS
    1. In respect of any tax refunds due to me, I give the following authorities:
      1. for MyTax to receive any tax refund on my behalf, and deposit this into the MyTax Trust Account;
      2. for MyTax to debit from such tax refund and pay to MyTax my tax return/PTS preparation fee (as set out in clauses 3.1 to 3.2) and any other fees (as set out in clause 3.3); and
      3. for MyTax to pay the net balance of the tax refund to me, either by direct credit into my bank account, as recorded in my application, or by cheque, as per the postal address supplied with the filing authorisation.
    2. If part or all of my tax refund goes to arrears on my Inland Revenue account, I accept that MyTax will deduct its fees for the tax return/s calculated based on its assessment (including any transfers) from any amounts that are released by Inland Revenue.
    3. In the event that:
      1. my tax refund is applied to a bank account in error (for example, where I have given an out of date or incorrect bank account number);
      2. my tax refund wholly or partly goes to arrears on my Inland Revenue account or an indebtedness to an eligible third party and to the extent there is an insufficient amount remaining to deduct the fees set out in clause 3; or
      3. I delink MyTax as my tax agent after the tax refund process has commenced, but prior to receipt of the tax refund by me,
        I confirm that I will remain liable to MyTax for the fees set out in clause 3 (which would be otherwise paid to MyTax in accordance with this clause 4) and will pay such fees within 7 days of receipt of invoice or that these fees may be deducted from any future refund.
    4. I agree that I am liable to pay any administration costs and fees incurred for debt collection, should I owe MyTax overdue amounts.
    5. MyTax will not be responsible for cheques lost in the mail, and recommends a bank deposit to avoid this risk. Should a cheque be lost in the mail, the bank will charge a $35 cheque cancellation fee, which will be deducted in accordance with clause 3.3(c), before a cheque is resent or a bank deposit made.
    6. MyTax will not be responsible for any money deposited into a bank account provided in error.
  5. AUTHORISATION FOR RECENT REFUND INFORMATION
    1. I authorise MyTax to utilise my first name, city/town of residence and tax refund amount on its website.
  6. TIMING
    1. I acknowledge that if my application for a tax refund is not received before 25 March 2017, it may not be processed before 31 March 2017, and therefore I may lose the possibility of a refund for the 2012 tax year. Inland Revenue may time-bar the 2012 financial year at any stage which is beyond the control of MyTax.
    2. I understand that while MyTax aims to pay the net balance of my tax refund to me within 3 working days from the date I make my application, this time frame can be increased by delays at Inland Revenue. I understand a 3 day time frame is not guaranteed, and release MyTax from any liability for payment occurring outside of that time frame. Tax refunds for the most recently completed tax year which ends on 31 March will not be issued until mid June (at the earliest).
  7. ID VERIFICATION
    1. I agree that MyTax, through an appointed third party provider, may verify my identity by photo identification, address verification, NZ Driver Licence verification, and/or NZ Passport verification (if details are supplied by me).
  8. AUTHORITY TO BE CONTACTED BY POST, EMAIL, TEXT MESSAGE (SMS) AND/OR PHONE
    1. I agree to opt in to receiving postal, email, text message (SMS) and/or phone correspondence relating to my tax refund, including reminders to re-apply, questions regarding my tax affairs, and important dates, in accordance with the preferences indicated in my application, and as updated from time to time. Please note; direct charges may apply under your mobile phone contract if you choose to SMS reply to MyTax.co.nz.
    2. I agree that no ‘opt­out’ message is required for email and text message communication relating to my annual provision of tax information and completion by MyTax of tax returns and informing me each year when to provide MyTax.co.nz Limited with tax information.
    3. I understand that I may receive email marketing from MyTax from time to time and that, if I do not wish to receive such marketing, I can click the ‘unsubscribe’ link at the bottom of the email, or contact MyTax on 0800 672 878 or info@mytax.co.nz.
    4. I understand that should I ‘delink’ MyTax as my tax agent, I can contact MyTax at any time to unsubscribe from future correspondence.
  9. GENERAL OBLIGATIONS
    1. I agree to meet the following general responsibilities:
      1. comply with these Terms;
      2. receive services from MyTax for my own personal, non­commercial use;
      3. follow reasonable instructions and directions from MyTax in relation to use of this website, the iPhone and Android applications and the services provided;
      4. comply with all applicable laws, regulations, standards and codes when using this website, the iPhone and Android applications and when receiving services; and
      5. use information acquired in connection with this website solely for the purposes of receiving services from MyTax.
  10. FLY BUYS POINTS AND FLY BUYS BONUS POINTS
    1. Fly Buys Standard Points will be calculated on the MyTax fee (as set out in clauses 3.1 and 3.2 of these Terms) charged for tax refunds only. One Standard Fly Buys point will be collected per $20 spent on tax refund fees.
    2. In order to qualify for 10 Fly Buys Bonus Points (“Bonus Points”), I acknowledge that:
      1. this is my first application for a tax refund for the 2017 tax year with MyTax or any other refund company;
      2. I must complete my application in full and provide ID verification, as described in section 7 above;
      3. I must be a member of Fly Buys and my Fly Buys number must be provided on my application at the time of application;
      4. if my assessment for the most recent financial year has already been completed by either myself, another agency or Inland Revenue, I am not eligible for the Bonus Points; and
      5. MyTax has full and final say whether I qualify for the Bonus Points.
    3. I further acknowledge that MyTax may remove my entitlement to Fly Buys points in the event I delink from MyTax prior to MyTax obtaining the first tax refund on my behalf.
    4. For the avoidance of doubt, I acknowledge that any terms or agreement I have with Fly Buys will take precedence over these Terms in relation to Fly Buys, to the extent of any inconsistency.
  11. SITE STATISTICS
    1. The reported average tax refund on MyTax is current as at 31 March 2017 for dates between 1 April 2016 and 31 March 2017. It is the average refund of each customer who was eligible for a tax refund. Our average reported refunds are gross (before our fees are deducted).
  12. DISCLAIMER AND LIMITATION OF LIABILITY
    1. I acknowledge that neither MyTax nor any of its directors or employees accept any responsibility or liability for the accuracy of the information from which the PTS/tax returns have been prepared.
    2. I agree that I am liable for any payment required by Inland Revenue as a result of MyTax filing my tax return(s) or requesting my PTS on my behalf.
    3. I agree that nothing in these Terms creates evidence of any partnership, joint venture, employer/employee or fiduciary relationship with MyTax.
    4. No reliance should be placed on the operation of this website at any time, and I acknowledge that MyTax has no obligation to provide or continue to provide access to this website.
    5. Except to the extent required by law, MyTax (including all directors, employees, contractors and agents of MyTax) make no warranties or representations relating to or in connection with the services provided (whether express, implied or whenever arising), originating in statute, law, trade, custom, or that would otherwise apply. If this exclusion of liability cannot be relied upon, or MyTax is liable for any reason, then the maximum combined liability in connection with the use of this website, use of the iPhone and Android applications and receipt of services from MyTax, will be limited to the value of the services received in connection with the event to which the claim relates. This limitation does not restrict any rights that may exist under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
    6. MyTax makes no representation that this website, its iPhone and Android applications or the services it provides are appropriate or available for use in locations outside of New Zealand. Persons accessing this website, utilising the iPhone and Android applications or receiving MyTax services in locations outside of New Zealand do so at their own risk, and are responsible for compliance with local laws.
  13. INTELLECTUAL PROPERTY RIGHTS
    1. MyTax owns or is licensed to use all intellectual property rights in the content, software and anything made available in connection with this website (“IP Rights”). All title, interest and rights (including but not limited to ownership and intellectual property rights) in the IP Rights will remain in MyTax and/or its providers. I acknowledge such title, interest and rights in the lP Rights and will not take any action to jeopardise, limit or interfere in any manner with MyTax’s title, interests or rights in these IP Rights.
  14. AMENDMENT TO THESE TERMS AND APPLICABLE LAW
    1. MyTax may amend these Terms at any time. I acknowledge that it is my responsibility to ensure that I am aware of the Terms currently applying and that the continued use of this website, the iPhone and Android applications, and/or my receipt of services from MyTax indicates my acceptance of any changes made. If I do not agree with a change made to these Terms, I acknowledge that it is my responsibility to contact MyTax to opt out of MyTax’s services at any time.
    2. Notwithstanding clause 14.1, any increase in the fees set out in clause 3 will only apply to customers linking with MyTax after the date on which the amended Terms (and increased fees) take effect.
    3. Services provided by MyTax are provided under New Zealand law. If I wish to bring a claim against MyTax I agree to do so in a New Zealand court.
  15. PRIVACY ACT 1993
    1. Information MyTax obtains in the course of this engagement is subject to confidentiality requirements, in addition to obligations under the Privacy Act 1993. MyTax will only disclose that information to other parties in accordance with MyTax’s Privacy Policy or as required by law.
    2. I understand that I have the right to request a copy of the information about me retained by MyTax, and the right to request the correction of any incorrect information about me held by MyTax.
    3. I consent to the information obtained in the course of this engagement being used in accordance with MyTax’s Privacy Policy, which is available here.

MyTax.co.nz Limited, Private Bag 13, Nelson 7042 New Zealand