1. General

 

This website and all Products offered by Skopeo SMSF Pty Ltd (ABN 11 695 103 783) (“Skopeo SMSF”), including Document Toolkits and SaaS Applications, are provided for informational and operational assistance purposes only. Skopeo SMSF is not liable for failure to perform due to events beyond reasonable control (e.g., outages, cyber incidents, third-party failures).

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2. Not Professional Advice
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No Product offered by Skopeo SMSF constitutes, and no Product should be relied upon as, legal advice, auditing advice, accounting advice, tax advice, regulatory advice or any other form of professional advice.
 

Products are designed to assist SMSF audit professionals in their work. They are not a substitute for the exercise of professional judgement by a qualified SMSF auditor, nor do they replace or diminish your own professional obligations under applicable standards and legislation, including but not limited to: ASQM 1 and ASQM 2; ASA and ASAE standards; the Corporations Act 2001 (Cth); the Superannuation Industry (Supervision) Act 1993 (Cth) and associated regulations; APES 110 Code of Ethics for Professional Accountants (including Independence Standards); and any requirements of ASIC, the ATO, APRA or relevant professional bodies.

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Skopeo SMSF Pty Ltd is not an audit firm, does not hold an ASIC auditor registration, and does not provide audit, assurance, compliance or advisory services. Products are published in a publishing and software development capacity only.

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Quality Review Services — nature and limitations
 

Where you purchase a Quality Review Service (the Platform Quality Improvement Package, Foundation Quality Improvement Package, or Skopeo SMSF Quality Review), the following applies in addition to the above.

A Quality Review Service is a review of file processing, documentation and workflow practices within one nominated SMSF audit file, provided for your firm's internal practice-improvement purposes. It is not an audit, re-audit, second opinion, peer review, or an Engagement Quality Review as defined under ASQM 2. Skopeo SMSF does not review, verify, endorse, alter, qualify, withdraw or otherwise affect the professional judgement applied by, or the audit opinion issued by, the auditor who completed the audit.

The Quality Review Report and any observations or recommendations provided do not express, and must not be construed as expressing, any opinion on whether the reviewed fund complies with the Superannuation Industry (Supervision) Act 1993 (Cth), any other law, or any auditing or assurance standard. Any observations regarding documentation, evidence organisation or process are recommendations for your consideration only, and are not a finding, certification or conclusion regarding the correctness, adequacy or sufficiency of the original audit.

The Quality Review Report and any related communications (including the debrief session) are prepared solely for your firm's use. They are not to be relied upon, in whole or in part, by the reviewed fund's trustees or members, any other adviser, any regulator, or any other third party.

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3. No Guarantee of Compliance

 

No Product guarantees compliance with any standard, regulation or legislative requirement. Compliance with applicable standards and legislation is your sole responsibility. The outcome of any ASIC inspection, ATO audit, professional body review or other regulatory action is not warranted, predicted or guaranteed by Skopeo SMSF. The purchase or use of a Product does not constitute evidence of compliance with any standard.

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4. Customisation Required

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​Document Toolkits contain template content, placeholder text (marked with [square brackets]), sample data and worked examples that must be replaced with your own information before use. Skopeo SMSF is not responsible for any consequences arising from your failure to customise a Product, including but not limited to: leaving placeholder text unchanged, using sample data as actual data, or failing to adapt controls and procedures to your firm’s specific circumstances. You should consider engaging a qualified professional to review customised documents before implementation. 

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5. Standards Currency

 

Products reflect auditing standards, legislation, regulatory guidance and professional requirements as at the publication date stated in the Product’s documentation or version history. Standards, legislation and guidance are subject to change without notice. Skopeo SMSF does not warrant that any Product will remain current, accurate or complete after the publication date. You accept sole responsibility for monitoring changes to applicable standards and updating your documentation and processes accordingly.

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6. No Warranty
 

To the maximum extent permitted by law, Products are provided “as is” and “as available” without any representation or warranty, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security or non-infringement.

Skopeo SMSF does not warrant that: any Product is free from errors, omissions, defects or security vulnerabilities; any Product will meet your specific requirements; any SaaS Application will be available without interruption; or the results obtained from any Product will be accurate or reliable.

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7. Limitation of Liability
 

To the maximum extent permitted by law:
 

1. Skopeo SMSF Pty Ltd's total aggregate liability to you under or in connection with any Product or Quality Review Service (whether in contract, tort including negligence, under statute or otherwise) is limited to the amount you paid for the relevant Product or Quality Review Service in the 12 months preceding the event giving rise to the claim.

2. Skopeo SMSF Pty Ltd excludes all liability for indirect, consequential, special, incidental or punitive loss or damage, including but not limited to: loss of revenue, loss of profit, loss of clients, loss of professional registration, regulatory penalties, fines or sanctions, costs of remediation or re-audit, damage to reputation, loss of data, loss of business opportunity, and any decision made or not made in reliance on a Quality Review Report.

3. You acknowledge that the purchase price or subscription fee reflects the allocation of risk in this clause and that Skopeo SMSF Pty Ltd would not supply the Product at the stated price without this limitation.
    

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the Australian Consumer Law, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that the Australian Consumer Law does not permit to be excluded or limited.

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8. Indemnity
 

You indemnify Skopeo SMSF Pty Ltd, its directors, officers, employees and agents against all claims, losses, costs (including reasonable legal costs), damages and liabilities arising from or in connection with:
 

1. your use or misuse of any Product;

2. your failure to properly customise a Document Toolkit;

3. any breach of these Terms by you;

4. any claim by a third party (including a regulator, client or trustee) arising from your use of any Product;

5. your breach of any applicable law or regulation in connection with your use of any Product; or

6. any claim arising from your failure to have appropriate authority or consent to share a fund file (including any personal information of the fund's members or trustees) with Skopeo SMSF for the purposes of a Quality Review Service.

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9. Assumption of Risk

By purchasing or using any Product, you acknowledge and agree that:
 

1. the Product is a tool requiring professional customisation and judgement;

2. you are a qualified professional capable of exercising independent professional judgement;

3. you have not relied on any representation by Skopeo SMSF as to the suitability of the Product for your firm;

4. you accept full responsibility for all decisions made in implementing or relying on any Product; and

5. you have had the opportunity to consider the scope and limitations of a Quality Review Service, as described in Section 2 above, before purchasing.

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10. Copyright Infringement Remedies

 

Any use of a Product beyond the permitted uses set out in the Terms and Conditions constitutes an infringement of Skopeo SMSF Pty Ltd’s copyright under the Copyright Act 1968 (Cth). Without limiting any other rights or remedies available at law, Skopeo SMSF Pty Ltd reserves the right to seek injunctive relief, damages (including additional damages under section 115(4) of the Copyright Act 1968 (Cth)) and any other remedy available for copyright infringement. You acknowledge that copyright infringement may cause irreparable harm and that monetary damages alone may not be an adequate remedy.​

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