Terms and Conditions

Last updated: November 1, 2018

  1. Introduction
    1. These terms and conditions shall govern your use of our website.
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    3. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
    4. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.
  2. Credit
    1. This document was created using a template from SEQ Legal (https://seqlegal.com), modified to meet our specific requirements.
  3. Copyright notice
    1. Copyright (c) 2018 Fox Theory
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  4. Licence to use website
    1. You may:
      1. view pages and documents from our website in a web browser;
      2. download pages from our website for caching in a web browser;
      3. download and print pages and tax related PDF documents generated on the website;
      4. stream audio and video files from our website; and
      5. use our website services by means of a web browser,
      subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      2. sell, rent or sub-license material from our website;
      3. show any material from our website in public;
      4. exploit material from our website for a commercial purpose; or
      5. redistribute material from our website.
    6. Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
    7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  5. Acceptable use
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. attempt to gain unauthorised access to the website, the server hosting the website, or any server, computer or database connected to the website, or conduct denial-of-service or distributed denial-of-service attacks;
      5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      6. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
      7. violate the directives set out in the robots.txt file for our website; or
      8. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. Failure to comply with 5.1 will result in breach of the Computer Misuse Act 1990 and therefore in our reporting any such activity to the relevant law enforcement authorities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  6. Registration and accounts
    1. To be eligible for an account on our website under this Section 6, you must be situated in the United Kingdom.
    2. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
    3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    4. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
  7. User login details
    1. If you register for an account with our website, you will be asked to choose an e-mail address and password.
    2. Your e-mail address must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or e-mail address for or in connection with the impersonation of any person.
    3. You must keep your password confidential.
    4. You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  8. Cancellation and suspension of account
    1. We may suspend or cancel your account at any time in our sole discretion without notice or explanation.
    2. You may cancel your account on our website using your account control panel on the website.
  9. Your content: licence
    1. In these terms and conditions, "your content" means all works and materials (including without limitation tax related data, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, submit to HMRC for tax return purposes, your content on and in relation to this website.
    3. You grant to us the right to sub-license the rights licensed under Section 9.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on our website.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or unpublish any or all of your content.
  10. Your content: rules
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  11. Limited warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our website;
      2. that the material on the website is up to date; or
      3. that the website or any service on the website will remain available.
    2. You acknowledge that the website was not developed considering all your individual requirements and that it is your responsibility to ensure that it meets your needs.
    3. The website may, as with all software, contain bugs whose existence shall not be considered a breach of these Terms and Conditions.
    4. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    5. Where the website links to other websites or third party resources, you acknowledge that these are provided for informational purposes only. We accept no responsibility for any loss or damage that may arise due to your use of them, as we have no control over their content.
    6. To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  12. HMRC and your tax return
    1. We accept no liability for your failure to comply with any requirements from Her Majesty’s Revenue and Customs (HMRC) or your failure to fulfil any responsibilities listed details below.
    2. You acknowledge that it is your responsibility to ensure all information sent to HMRC is complete and accurate.
    3. You acknowledge that it is your responsibility to ensure that your tax return is received by HMRC before or on the tax year deadline, and to keep a copy of the receipt from HMRC (downloadable on the website after submission of your tax return).
    4. You acknowledge that it is your responsibility to ensure that tax due is paid to HMRC before due date. The website does not facilitate this payment process.
    5. In order to submit your tax return to HMRC, you will be asked to provide us with your HMRC Gateway credentials. These will not be stored on our website, or any server or database related to the website.
    6. The information provided on this website should not be relied upon as a substitute for formal advice from HMRC or any form of advice.
    7. We do not have control over and can not be involved in any tax or legal investigations that HMRC or other authorities may conduct.
  13. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
      1. are subject to Section 13.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  14. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our website;
      3. permanently prohibit you from accessing our website;
      4. block computers using your IP address from accessing our website;
      5. contact any or all of your internet service providers and request that they block your access to our website;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  15. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
    3. You are expected to check this Terms and Conditions occasionally to notice any changes that may be made, as they are binding to you. We will however notify you if any changes are made to this document.
  16. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  17. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  18. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  19. Entire agreement
    1. Subject to Section 13.1, these terms and conditions, together with the privacy and the cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  20. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
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