Terms and Conditions

Virtual Office Terms and Conditions

1. Accessing this website

1. These terms of use (Terms) cover your access to and use of:
   1. this website www.voba.com.au and all related individual websites that are provided by VOBA Pty Ltd (ABN 33685507439) and Statecorp Pty Ltd (ABN 52 623 445 670) trading as statecorp.com.au (we, us, our or Statecorp) excluding any services provided by a third party which are accessible by links from our Website which will be subject to the terms and conditions on the third party site;
   2. the services provided through the Websites (Services), namely:
      1. virtual address services;
      2. such other services that we may provide from time to time; and
      3. the documents provided by us to you in connection with our Services.
2. If you do not agree with all of these Terms including our privacy policy at https://voba.com.au/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

4. 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.
5. You agree that you will not:
   1. alter or remove any copyright, trademark or other proprietary notice of ours or of any other company or person on the Website or the Documents;
   2. modify or edit the Content or 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 other than as permitted by us;
   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. post to the Website or transmit to us any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit of destroy the functionality of any computer software or hardware;
   8. use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any other website designed or hosted by us or our agents;
   9. use the Services to send unsolicited emails or spam third parties; or
   10. take any action that imposes an unreasonable load on the Website's infrastructure.
6. If your contact details change, you are responsible for notifying us of such changes within 28 days of such change.

3. Intellectual property

8. 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 (other than Government issued documents), are owned by us or our licensors.
9. 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 permitted under copyright law.
10. Any use of the trademarks, logos or product names appearing on our Website, without permission from us or the relevant rights holder, is prohibited except where specific use is authorised under trademark law or other laws.
11. If we provide Documents to you pursuant to the Services, we grant you a non-exclusive, royalty free, non-transferable licence to use the Documents for your day-to-day business and related legal purposes and subject to these Terms. You must only use, copy, reproduce or transmit all or any part of the Documents for this purpose.
12. 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 company or business or for any other use outside of these Terms.
13. You must not upload any materials through the Website, or use the Services, for purposes which are obscene, offensive, defamatory, discriminatory, inaccurate, fraudulent, misleading, unlawful, pornographic, promote violence, are hateful or which in any way infringe any third parties' rights, including their intellectual property rights and privacy rights or circumvent storage space limits.

4. No professional advice

14. The information provided on this Website is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the services referred to on, or made available through, this Website.

5. The Services

15. We provide the Services with all due care and skill consistent with industry standards.
16. VOBA Pty Ltd is giving you the right to use the Addresses as your registered office, business address, registered address, virtual office address or any other legal business purposes until the fees are fully paid.
17. This includes the right to use the Addresses at ASIC/ATO as your registered office. No further documentation needed, your paid order gives you the right of use by this clause.
18. You may use the Addresses for business purposes only. One agreement gives the right of use for one company or ABN only. This one company or ABN may use more addresses, and can have more business names only if approved by VOBA. Each additional company must order a separate Service. You may not transfer the Service to other party.
19. You accept that this Agreement creates no tenancy interest, leasehold estate or other real property interest in your favour with respect to the Addresses.
20. VOBA is to provide to use the Addresses as stated in your application and we will also handle your mail and scan or forward to you. During Opening hours meeting room and hot desk services by our service provider partners ("Partner"). These services have additional costs, may differ from address to address and time to time. This service is not always available at every location. You have to contact VOBA direct about availability. We are not liable for the services of our partners at all.
21. We do not give any advice as to the appropriateness or suitability of the Services for you. We do not give or claim to give legal, taxation or financial advice. It is solely your responsibility to ensure that the Services you obtain through this Website meet your requirements.
22. If you are unsure about your requirements, you should contact the Australian Taxation Office (ATO), Australian Securities and Investment Commission (ASIC), .au Domain Registration Ltd (auDA), IP Australia or any other relevant regulatory or supervisory authority, your accountant, financial advisor or lawyer.
23. By using our online registration applications, you warrant that the information you supply, including your declaration on submitting each application is, to the best of your knowledge, accurate, complete and up-to-date. It is an offence to provide false or misleading information to ASIC or the ATO. It is your responsibility to inform us of any changes to that information. You may do this by contacting us at https://voba.com.au/contact-us.
24. We may at any time request a form of identification to verify your identity or the identity of other relevant persons, such as proposed directors or partners, in connection with our Services.
25. 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.
26. Submission of any application form through the Website does not guarantee that you will successfully obtain the requested virtual office address.
27. If your application needs to be reviewed manually, then this may delay the relevant registration or result in the registration not being successful.
28. An ABN must be obtained before a person can register a virtual office business address. If you do not obtain an ABN, then we may not be able to provide these services to you.

Virtual address

1. You must have a current and valid ABN to use our virtual address service.
2. You must only use the virtual address service for a bona fide and legal business activity.
3. We may request further information from you at any time with respect to your business, including identification information relating to the officers of the company or the partners or sole trader operating your business.
4. If you are overseas, we may require further information to support your application for a virtual address.
5. We reserve the right to immediately terminate the virtual address service provided to you if we reasonably determine that your business activity is illegal or is likely to bring our address or business into disrepute.
6. If the virtual address service is cancelled for any reason, we will provide reasonable notice to you where possible. We are not responsible for receipt or delivery of any correspondence received by us for you after such cancellation.
7. The virtual address service is not appropriate for delivery of large, heavy or bulky items. We will accept and deliver letters and packages to you that are of a reasonable size and weight appropriate to delivery to a business address, or via our online virtual office mailroom.
8. We reserve the right to:
   1. reject any delivery made to our address; or
   2. refuse to deliver any goods to you,
   if the package or goods are not of a reasonable size and weight as reasonably determined by us.
9. If we accept delivery of packages or goods which we reasonably deem to be of unreasonable size or weight, we will promptly notify you.
10. Any deliveries which we do not deliver to you due to the size or weight of the package must be picked up within 7 days of our notification to you of our receipt of such packages, otherwise a storage charge of AUD$12 (plus GST) per day after the 7 day period will be automatically charged to you.
11. If we do agree to deliver such packages to you, you will be liable to pay the delivery fee charged by our agent (which we will notify to you), plus a reasonable surcharge that will cover our administrative expenses, which is payable to us prior to the package being shipped to you. We will notify you in advance of the delivery fee and our surcharge before you incur any costs.
12. As the delivery of your letters and packages is dependent on third parties, we are not responsible or liable for any lost or damaged deliveries to you unless the loss is a result of our negligence. If you have a complaint regarding any delivery or failed delivery to you, please contact the relevant postal or courier service. We will provide all reasonable assistance required.
13. You understand and accept that our virtual address services will not operate in the event of any shutdown due to any public health order or mandatory stop work order.

6. Fees and charges

42. Fees

1. Our Services are usually paid as an upfront fee. Any subscription Services are subject to ongoing monthly or annual fees and charges, which are payable to us monthly or annually in advance as directed by us. We review such any Service fees on an annual basis.
2. Unless otherwise stated, all fees and charges are in Australian dollars.
3. The fees quoted are exclusive of goods and services tax (GST) where applicable and will be added on to your final bill.
4. If you do not pay any of your fees within the relevant period requested by us and after we inform you of any non-payment, then without prejudice to our other rights, we reserve the right to restrict your access to any of our Services or downgrade your subscription level.
5. We may provide some Services to you free of charge, at our discretion. We reserve the right to charge fees for any such Services at any later time, at our discretion.
6. We will provide you with reasonable notice (at least 30 days' notice) in writing of any new fees or changes to existing fees prior to commencing charging such fees. Your continued use of such Services will constitute your acceptance of such amendments to our fees.
7. If you do not agree to our new or amended fees, then you must notify us in writing of such, within 10 days of the date that we issue a notification to you relating to a change in our fees. You will then be entitled to terminate your subscription or any future Services without penalty and receive a refund of any fees paid in advance.
8. You agree to pay the monthly fees month-by-month in advance.
9. You agree to pay the post handling and mail forwarding costs or any additional costs periodically when we send you an invoice.
10. For any service of our partners for example meeting room and hot desk services you pay when you order it or at the premise.
11. We have a right to ask reasonable deposit for post handling and mail forwarding costs anytime.
12. You must pay any invoices issued by us to you by the due date as specified in the invoice. The invoice will be delivered by email.
13. If you do not pay fees when due, a fee may be charged on all overdue balances. You agree to reimburse VOBA for any reasonable expenses incurred in enforcing payment of the licence fee or monthly costs in the case of non-payment.

43. Refunds

1. You may terminate these Terms in the event that we have committed a material breach of our obligations under these Terms.
2. Our Services come with guarantees that cannot be excluded under the ACL.
3. For major failures with our Services or a minor failure that cannot be fixed within a reasonable time, you have the right to cancel the Services you receive from us, if the Services are:
   1. provided with an unacceptable level of care and skill;
   2. unfit for the purpose you asked for; or
   3. not delivered within a reasonable time when there is no agreed end date.
4. If you cancel the Services for the reasons outlined in paragraph 43.(c) above, we will provide you with a refund of your fee in the same form as your original payment, in accordance with these Terms.
5. To the extent permitted by law, including the ACL, we do not otherwise provide any refund of fees paid in connection with the Services except as stated in these Terms, including:
   1. if you notify us that you would like to withdraw your application before we have initiated the registration process. In such circumstances, we may provide you with a full refund less the Administration Charge. However, as our services are automated and synchronise in real time with the relevant Commonwealth government agency, we generally commence our Services as soon as you complete your application and pay the relevant application fee. The decision whether to provide you with a refund under such circumstances is at our own discretion, acting reasonably; or
6. If you pay fees monthly or annually in advance, depending on your subscription level, then we will assess the relevant refund due to you pursuant to paragraph 40.(e), if any.
7. We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.
8. Refunds are not available once the Registered Office service has been ordered.

44. Renewal fees

1. For subscription renewals, we will send you a notification when renewal is due and will notify you of the relevant renewal fees. Upon receipt, you may choose to renew or cancel the Service.
2. Renewal fees can be paid to us via invoice or by phone.

7. Accuracy of information

47. We are providing this Website, the Content, the Documents and the Services on an "as is" basis. While we try to keep the information on the Website as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from this Website, the Documents or the results obtained from using this Website.

8. Availability of the Website

48. 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.
49. We will use reasonable efforts (but do not guarantee) to provide advance notice, to our registered users, by email (to the email address on our records) of any scheduled unavailability of the Website or any of our Services, for maintenance, updating or any other reason. We are unable to provide advance notice of any unscheduled unavailability of the Website or where urgent repairs or patches are required.
50. 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

51. Our Privacy Policy, which forms part of these Terms, applies to any personal information collected by us from users of our Services and the Website.
52. If we hold your consent, we will use your personal information to send you:
    1. monthly business update emails to assist with the operation of your business, for example, to provide details of when your registrations are due for renewal; and
    2. marketing messages by email [and SMS].
    If you no longer wish to receive these messages, you may unsubscribe at any time by following the unsubscribe instructions in the message.

10. Indemnity

56. You indemnify us (including our officers, directors, agents, subsidiaries and employees) against any 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, your breach of any third party's intellectual property rights in respect of the Logo or your New Website, or your infringement of any law or the rights of a third party in the course of using our Services, including in relation to any insurance obtained by you through the Services, your registration and use of an ABN, Business Name, company name, domain name, trademark, ACN or any tax registration obtained by you via the Services, any Logo created by you or the New Website or your use of the Plan and Productivity Tool. Your obligation to indemnify us is reduced to the extent any such loss is due to the negligence or breach of these Terms by us.

11. Limitation of liability

57. 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.
58. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, the Documents, this Website and the Services (other than as a result of a breach of these Terms by us). 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 ACL (namely, to supplying the Services again, or the payment of the cost of having the Services supplied again).
59. To the extent permitted by law in no event will VOBA Pty Ltd, its related bodies corporate, its officers, employees, agents, suppliers:
    1. be liable for any indirect, special, or consequential loss or damage however caused; and
    2. the aggregate liability of VOBA Pty Ltd, its related bodies corporate, its officers, employees, agents, suppliers will be limited to the supply of services, or the cost of supplying the services again.
60. You are responsible for ensuring that your Business Name, domain name, trademark, Logo or company name applied for or registered through the Services and the content of your New Website does not infringe any third party's registered trademark or breach the ACL or amount to passing off with respect to a third party's rights. We are not liable to you or to any third party in connection with any claims in respect of breach of any legislation or common law rights relating to your registration and use of the Business Name, Logo, company name, trademark or domain name applied for or registered through the Services or the New Website.

12. Third Party Sites

61. We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).
62. 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.
63. 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 authorised to use our trademarks, trade names, logos or copyright; or
    3. we are legally authorised to use the trademarks, trade names, logos or copyright of the Third Party Site.
64. 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.
65. If you decide to link to a Third Party Site, you leave our Website at your own risk.

13. Termination

66. We reserve the right to immediately terminate your access to all or any part of this Website, the Content, the Documents or the Services if you commit a material breach of these Terms and fail to remedy any such breach within a reasonable time after we provide notice to you of the breach.
67. We may otherwise terminate your access to this Website, the Content, the Documents or the Services upon reasonable notice, which will not be less than 30 days.
68. At the termination of the contract you have to change all your addresses officially everywhere, for example at ASIC, ATO, your website, letterhead, Google My Business, Bing, any online and offline platform, etc. If you fail to do it, you have to pay the monthly fee until all of your addresses have been completely removed from every possible place you used before and you show proof of it to us. You pay for this time period even if our contract ended, because you used the addresses.
69. You may terminate the Services as between us and you at any time by providing us with not less than 30 days' prior notice in writing.

14. Modification to Terms

69. We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion. Any such amendments are effective upon being published on this Website or as otherwise notified.
70. 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.
71. If you do not agree to any amendments to the Terms or any of our policies, then you may terminate the Services between us and you, by providing us with 14 days' notice in writing – by emailing us at support@voba.com.au stating the reason for your termination. In any such circumstance, you will receive a pro rata refund of any fees you have paid in advance.

15. General

72. These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
73. 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.
74. These Terms record the entire agreement between you and us in relation to your use of this Website, the Content, the Documents and the Services.