This page (together with the documents expressly referred to on it) tells you information about us, and the legal terms and conditions (Terms) on which we sell or supply any of the services and software (Products) listed on our website (our site) to our members (you).
These Terms will apply to any contract between us for the sale or supply of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
By entering our site, you are agreeing to these terms and conditions.
You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
1.1 We operate the website www.mytaxsavingguide.co.uk. We are Gtwo Limited, Forum 3, Grenville Street, St Helier, Jersey JE2 4UF (we, us or ours).
1.2 To contact us, please see our Contact Us page .
2. OUR PRODUCTS
2.1 We operate a professional business planning service through various packages on our site.
2.2 The supply of all software will be subject to the terms of our Software Licence included in these terms and conditions.
3. USE OF OUR SITE
Your use of our site is governed by our website terms and conditions and we ask that you please take the time to read these, as they include important terms which apply to you.
5. THE CONTRACT
5.1 If you are acting on behalf of a business, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.3 If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time including but not limited to the following circumstances:
(a) changes to our Products;
(b) changes in the cost of our Products;
(c) changes in how we accept payment from you; and
(d) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. 7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. CANCELLATION AND RIGHT OF REFUND
8.1 You may cancel a Contract from the date you receive the Dispatch Confirmation but before you have produced a Report. You have a period of 3 (three) working days in which you may cancel.
8.2 To cancel a Contract, please contact us in writing.
8.3 Subject to 8.1, you will receive a full refund of the price you paid for the Product(s). We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.2.
8.4 We will refund you via the method used by you to pay.
9. PRICE OF PRODUCTS
9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
9.2 If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
9.3 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.4 There is no VAT payable on our Products.
9.5 Payment for the Products is in advance.
10. YOUR OBLIGATIONS
(a) copy, print out or otherwise reproduce any Documents nor any material relating to part of the Services, except as permitted under this Agreement or authorised by Us in writing;
(b) make any part of the Documents or of the Services available to anyone, except as permitted under this Agreement or authorised by us in writing;
(c) Subject to clause 11.1(b) above, alter any part of the Documents or Services;
(d) purport to assign or otherwise dispose of your rights under this Agreement
10.2 You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Documents or Services using accounts created with your username and password.
10.3 You acknowledge and agree that we own all intellectual property rights in the Software, the Reports, the Website and the Services. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, Website, Reports, Services or any related documentation.
10.4 You are solely responsible for the appropriate use and adaption of our Documents for your own use and in your provision of advice and services to your clients.
10.5 You recognise and accept that we do not provide legal advice and you will not represent to any users of the Services that we do.
10.6 You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your misuse of the Software or Services.
10.7 You will maintain adequate and appropriate professional indemnity insurance in relation to any professional services you provide.
10.8 By submitting any individual's personal data you are deemed by us to have confirmed authority from that individual for the disclosure of such personal data.
11. OUR LIABILITY
11.1 We only supply the Products for internal use by your business or for private use.
11.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
11.3 Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss. 11.4 Subject to clause 11.2 and clause 11.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
11.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11.6 We do not offer any Financial Conduct Authority (FCA) regulated products and we are not regulated by the FCA.
11.7 We do not offer any investment, tax or legal advice or recommendation.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and sent by e-mail, or posted on our website.
(b) A notice or other communication shall be deemed to have been received: if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
(c) In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. OTHER IMPORTANT TERMS
14.1 We may be legally required to obtain various formal proofs of identity and address before we can proceed with any Contract. We may carry out an on-line search for this purpose, and you shall assist us in this process. If this on-line search fails to provide us with satisfactory proof of identity and address for any person or business then we will confirm what alternative proofs of identity we require, and we will not be obliged to continue with any Contract, and reserve the right to cancel any Contract, until we have received such alternative proofs in a form satisfactory to us.
14.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.4 This contract4 is between you and us. No other person shall have any rights to enforce any of its terms.
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Bailiwick of Jersey the courts of the Bailiwick of Jersey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter.