This is really an excellent tool; straight forward and logical.
Jed Lim, Adelaide, SA
a) Incorporator has not advised the User as to the desirability or appropriateness of the User incorporating a company; b) the User has made his or her (or its) own decision to form a company and having done so has used Incorporator as a tool to assist the User in doing so; c) Incorporator is a 'do it yourself tool' and is a computer program; it is not a shelf company provider, it is not an accountant, it is not a solicitor and it is not a legal firm; d) Incorporator does not give, nor purport to give, legal or accounting advice (including, without limitation, advice on taxation law or stamp duty law); e) despite Incorporator's best efforts to explain relevant matters and instructions clearly, the User may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available on the activation of '?' buttons) and that Incorporator will not be liable in respect of any such misconstructions or omissions; f) Incorporator's sole purpose is to assist the User to form a company; as such it is not intended, amongst other things, as a tool for the ongoing management of the company including, without limitation, compliance by the company with the Corporations Act 2001 (including the law relating to the sale or offering for sale of shares/securities to the public) or other laws; g) the User should not use Incorporator if it is imperative that the proposed company be formed by a particular time or date; h) the User should not use Incorporator if it is imperative that the proposed company be formed with a precise structure which is to be ideal or suitable for any particular purpose; i) the User has either obtained the User's own independent professional advice as to relevant matters, including without limitation, whether it is appropriate that a company be formed, the appropriate type of company, the appropriate state or territory of incorporation, the appropriate share structure and the appropriate office holders OR the User has made the User's own conscious decision not to obtain such advice and accepts the risks of having done so; j) the relevant law as set out in any documents which the User may print out from Incorporator, may change after the time of print out of the documents and Incorporator will not be responsible for that; k) Incorporator does not provide any form of company constitution and, as such, leaves the User either to have the company rely entirely on the replaceable rules (or on sections 201F and 198E of the Corporations Act 2001 in the case of a one person company) OR make the User's own arrangements for the adoption of a constitution, either simultaneously with the formation of the proposed company or subsequent to its proposed formation, and in the case of a public company to lodge a copy of the constitution with ASIC; l) in the case of a public company limited by shares or a public company unlimited with a share capital which proposes to issue any shares for a non-cash consideration, Incorporator does not automatically complete the requisite Form 208 or Form 207Z (if applicable) and, as such, leaves the User to complete those forms manually; m) although every effort has been made to take account of every combination of circumstances, Incorporator, being a computer program, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances; n) if the User receives a Certificate of Registration in respect of a company formed with the assistance of Incorporator, Incorporator will have entirely (and will be deemed to have entirely) fulfilled its purpose, and as such the User will have no claim whatsoever against Incorporator and Incorporator will not be liable in any way to the User or to any other party in relation to the formation or ongoing existence of the company; o) all information, content and intellectual property displayed on the Incorporator web-site (except such information, content and intellectual property which is displayed as a result of a link to another web-site or a non-Incorporator web-page) and all underlying code and programming is and remains the property of Incorporator, and the User agrees not to copy or make use of such property, code and programming except for the purpose of forming a company using Incorporator or for the purpose of considering to form a company using Incorporator; p) if the User proceeds to payment for the use of Incorporator, it will be the User's responsibility to print out, from the User's screen, the GST compliant tax invoice which Incorporator will prepare for the User and that Incorporator will not be separately emailing the invoice to the User; q) even if the User establishes that the proposed company name is legally available at the time the User is using Incorporator, it may not be available by the time the User applies to incorporate the company and the User bears that risk; and r) the most a User may recover from Incorporator, under any circumstances and irrespective of any fault of Incorporator (including, without limitation, any fault of or with the server(s) on which it is hosted, and any faulty or corrupt transmission from or via such server(s)), is the fee charged by Incorporator to the User (Incorporator may choose to refund this fee in its absolute discretion including, without limitation, in the event that the User has been unable to incorporate the proposed company despite the User having used Incorporator correctly and followed Incorporator's guidance given or offered to the User, and where the User applies to Incorporator in writing for a refund setting out the relevant circumstances.). s) the User has checked and confirmed that the equipment (P.C., modem, RAM, free disk space etc) being used to access and use Incorporator (including the generation and download of documents produced by Incorporator) meets the minimum configuration recommended by Incorporator.
a) Incorporator has not advised the User as to the desirability or appropriateness of the User incorporating a company;
b) the User has made his or her (or its) own decision to form a company and having done so has used Incorporator as a tool to assist the User in doing so;
c) Incorporator is a 'do it yourself tool' and is a computer program; it is not a shelf company provider, it is not an accountant, it is not a solicitor and it is not a legal firm;
d) Incorporator does not give, nor purport to give, legal or accounting advice (including, without limitation, advice on taxation law or stamp duty law);
e) despite Incorporator's best efforts to explain relevant matters and instructions clearly, the User may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available on the activation of '?' buttons) and that Incorporator will not be liable in respect of any such misconstructions or omissions;
f) Incorporator's sole purpose is to assist the User to form a company; as such it is not intended, amongst other things, as a tool for the ongoing management of the company including, without limitation, compliance by the company with the Corporations Act 2001 (including the law relating to the sale or offering for sale of shares/securities to the public) or other laws;
g) the User should not use Incorporator if it is imperative that the proposed company be formed by a particular time or date;
h) the User should not use Incorporator if it is imperative that the proposed company be formed with a precise structure which is to be ideal or suitable for any particular purpose;
i) the User has either obtained the User's own independent professional advice as to relevant matters, including without limitation, whether it is appropriate that a company be formed, the appropriate type of company, the appropriate state or territory of incorporation, the appropriate share structure and the appropriate office holders OR the User has made the User's own conscious decision not to obtain such advice and accepts the risks of having done so;
j) the relevant law as set out in any documents which the User may print out from Incorporator, may change after the time of print out of the documents and Incorporator will not be responsible for that;
k) Incorporator does not provide any form of company constitution and, as such, leaves the User either to have the company rely entirely on the replaceable rules (or on sections 201F and 198E of the Corporations Act 2001 in the case of a one person company) OR make the User's own arrangements for the adoption of a constitution, either simultaneously with the formation of the proposed company or subsequent to its proposed formation, and in the case of a public company to lodge a copy of the constitution with ASIC;
l) in the case of a public company limited by shares or a public company unlimited with a share capital which proposes to issue any shares for a non-cash consideration, Incorporator does not automatically complete the requisite Form 208 or Form 207Z (if applicable) and, as such, leaves the User to complete those forms manually;
m) although every effort has been made to take account of every combination of circumstances, Incorporator, being a computer program, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances;
n) if the User receives a Certificate of Registration in respect of a company formed with the assistance of Incorporator, Incorporator will have entirely (and will be deemed to have entirely) fulfilled its purpose, and as such the User will have no claim whatsoever against Incorporator and Incorporator will not be liable in any way to the User or to any other party in relation to the formation or ongoing existence of the company;
o) all information, content and intellectual property displayed on the Incorporator web-site (except such information, content and intellectual property which is displayed as a result of a link to another web-site or a non-Incorporator web-page) and all underlying code and programming is and remains the property of Incorporator, and the User agrees not to copy or make use of such property, code and programming except for the purpose of forming a company using Incorporator or for the purpose of considering to form a company using Incorporator;
p) if the User proceeds to payment for the use of Incorporator, it will be the User's responsibility to print out, from the User's screen, the GST compliant tax invoice which Incorporator will prepare for the User and that Incorporator will not be separately emailing the invoice to the User;
q) even if the User establishes that the proposed company name is legally available at the time the User is using Incorporator, it may not be available by the time the User applies to incorporate the company and the User bears that risk; and
r) the most a User may recover from Incorporator, under any circumstances and irrespective of any fault of Incorporator (including, without limitation, any fault of or with the server(s) on which it is hosted, and any faulty or corrupt transmission from or via such server(s)), is the fee charged by Incorporator to the User (Incorporator may choose to refund this fee in its absolute discretion including, without limitation, in the event that the User has been unable to incorporate the proposed company despite the User having used Incorporator correctly and followed Incorporator's guidance given or offered to the User, and where the User applies to Incorporator in writing for a refund setting out the relevant circumstances.).
s) the User has checked and confirmed that the equipment (P.C., modem, RAM, free disk space etc) being used to access and use Incorporator (including the generation and download of documents produced by Incorporator) meets the minimum configuration recommended by Incorporator.