|TERMS AND CONDITIONS|
Please read the following Terms and Conditions (together with the documents referred to on it) carefully before using https://www.clickto.tax ("This Website") as your continued use of This Website means that you agree to them. Use of This Website includes accessing, browsing, or registering for an account.
Your attention is particularly drawn to the provisions of clause 17 (Limitation of liability).
1) About us
1.1. This Website is owned and operated by CTT Services Ltd ("We", "Us", "Our"). ClickTo.Tax is a trading name of CTT Services Ltd. We are a company registered in England and Wales and the company registration number is 11326082. The company's registered office is CTT Services Ltd, Cariocca Business Park, 2 Sawley Road, Manchester, M40 8BB.
1.2. If you have any queries or complaints, please refer to the Contact Us page.
2) The Contract
2.1. These Terms and Conditions apply to the order by you and supply of Services by Us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2. The Contract is the entire agreement between you and Us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3. We may revise these Terms and Conditions (together with the documents referred to on it) at any time. You are expected to check all documents from time to time to take notice of any changes We made, as they are binding on you. If you do not agree to them, please do not use This Website.
3) Information about you and your visits to This Website
3.1. We process information about you in accordance with Our Privacy and Cookies Policy. By using This Website, you consent to such processing and you warrant that all data provided by you is accurate.
4) Account operation
4.1. You acknowledge you must be 18 years of age or older to register for an account on This Website.
4.2. You acknowledge that you are responsible for maintaining the confidentiality of your password and agree to use a unique and strong password (e.g. includes numbers and special characters). You must not share your password or logon details with anyone.
4.3. You acknowledge that you are responsible for all activities that occur under your account and agree that you will logout from your account at the end of each visit if using a public or shared device.
4.4. You acknowledge that if you know or suspect that your password has been disclosed to any other person you must contact Us immediately and change your password.
4.5. You acknowledge that We reserve the right to reset your password and/or enforce logout from your account (e.g. this could be following security concerns).
4.6. You acknowledge that your account must only be used for your own tax return and no other business use (e.g. doing tax returns for others).
4.7. You acknowledge that We reserve the right to delete or ban/suspend your account if you are found in breach of these Terms and Conditions. In the event of this, your right to use This Website will cease immediately.
4.8. Please follow the on-screen prompts to submit your information for your tax return to Us, thereby placing your order with Us. You may only use the method set out on This Website. Your submission of your information for your tax return to Us is an offer by you to buy the services specified on This Website (Services) subject to these Terms and Conditions.
4.9. The submission process allows you to check and amend any errors before submitting your information for your tax return to Us. Please check your information carefully before confirming it. You are responsible for ensuring that your information is complete and accurate.
4.10. After you submit your information for your tax return to Us, you will receive an email from Us acknowledging that We have received it and accepting your order (Order Confirmation), at which point and on which date the Contract between you and Us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
4.11. If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in these Terms and Conditions (Your Default):
(a) We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under clause 15 (Termination);
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.
4.12. We warrant to you that the Services will be provided using reasonable care and skill. Without limitation, this warranty shall not apply to the extent of any non-conformance which is caused by your use of the Services contrary to Our instructions.
5.1. You acknowledge that any feedback, comments, or suggestions you may provide regarding This Website is entirely voluntary and We will be free to use it as We see fit and without any obligation to you, subject to Our Privacy and Cookies Policy.
6) Third party links
6.1. Where This Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7) Linking to This Website
7.1. You acknowledge that you may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
7.2. You acknowledge that you must not establish a link from a website that is not owned by you.
7.3. You acknowledge that We reserve the right to withdraw linking permission without notice at Our absolute discretion.
7.4. You acknowledge that This Website must not be framed on any other website.
8.1. You acknowledge that you must not misuse This Website by accessing, storing, distributing, transmitting or introducing viruses, trojans, worms, logic bombs or other material which is unlawful, malicious, technologically harmful, facilitates illegal activity or is otherwise illegal or causes damage or injury to any person or property.
8.2. You acknowledge that you must not attempt to gain unauthorised access to This Website, the server on which This Website is stored or any server, computer or database connected to This Website.
8.3. You acknowledge that you must not attack This Website via a denial-of-service attack or a distributed denial-of service attack.
8.4. You must not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Contract:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Our software, material and/or This Website (as applicable) in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Our software; or
(b) access all or any part of Our Services, This Website and material in order to build a product or service which competes with Our Services, This Website and material; or
(c) use Our Services, This Website and material to provide services to third parties; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services, This Website and material available to any third party.
8.5. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services, This Website and/or the material and, in the event of any such unauthorised access or use, promptly notify Us.
8.6. By breaching any of clauses 8.1 to 8.4, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use This Website will cease immediately.
9) Intellectual property rights
9.1. You acknowledge that We are the owner or the licensee of all intellectual property rights in or arising out of or in connection with the Services, This Website, and in the material published on it (Intellectual Property Rights).
9.2. You must not use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Intellectual Property Rights without prior written consent from Us or Our relevant licensor.
10) Tax returns
10.1. You acknowledge that Her Majesty’s Revenue and Customs (HMRC) may require certain information to be provided in addition to the tax return submitted by Us and that you are responsible for ensuring you comply with this.
10.2. You acknowledge that you are responsible for ensuring all information given on your tax return is correct and complete to the best of your knowledge and belief.
10.3. You acknowledge that you are responsible for ensuring that any tax return is submitted and received by HMRC, on or before the due date. While We make all commercially reasonable efforts to ensure tax returns are submitted quickly, We accept no liability for tax returns which are not received by HMRC or are received after the due date.
10.4. You acknowledge that you are responsible for ensuring that cleared payment is received by HMRC on or before the due date for your tax bill.
10.5. You acknowledge that whilst We make all commercially reasonable efforts to do so, We cannot guarantee the accuracy of the tax calculation or that you will be making a saving on your tax bill.
10.6. You acknowledge that you may incur financial penalties and face prosecution from HMRC if their requirements are not met. We accept no liability for your failure to comply with any HMRC requirements.
11.1. You acknowledge that payment must be made to Us before We submit your tax return (unless told otherwise by Us).
11.2. You acknowledge that the price payable is made clear before payment on the relevant page of This Website and We reserve the right to vary the price from time to time. We do not charge VAT.
11.3. You acknowledge that payments are non-refundable.
11.4. You acknowledge that in the event of a fraudulent payment your right to use This Website will cease immediately.
12) No reliance on information
12.1. You acknowledge that commentary, the Services and all other materials provided by Us are not tax, financial, legal or any other type of advice. We disclaim all liability and responsibility whatsoever arising from any reliance placed on such materials by anyone. To avoid any doubt, We are not qualified to provide tax, financial, legal or any other type of professional advice and all commentary, the Services and all other materials We provide are in no way qualified advice.
13) Website changes and availability
13.1. We may update This Website regularly and may change the content at any time. Any of the material on This Website may be out of date at any given time, and We are under no obligation to update such material.
13.2. While We endeavour to ensure that This Website is normally available 24 hours a day, We shall not be liable if for any reason it is unavailable at any time or for any period. Access to This Website may be suspended temporarily and without notice in the case of system failure, maintenance or for reasons beyond Our control.
(a) do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, This Website, material and/or information obtained by you through the Services will meet your requirements; and
(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services, This Website and material may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
14) Uploaded or posted material
14.1. We will not be responsible, or liable to any third party, for the content or accuracy of any materials uploaded or posted by you or any other user of This Website.
15.1. Either party may terminate the Contract with immediate effect by giving written notice to the other. Alternatively you may terminate this agreement with immediate effect by deleting your account.
15.2. Upon termination for any reason:
(a) all rights granted to you under the Contract shall cease;
(b) you must cease all activities authorised by the Contract; and
(c) you must immediately delete your account and cease using This Website and certify to Us that you have done so.
16) Transfer of rights and obligations
16.1. The Contract is binding on you and Us and on Our respective successors and assignees.
16.2. You must not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without Our prior written consent.
16.3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
17) Limitation of liability - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
17.1. Nothing in the Contract limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
17.2. Subject to clause 17.1, We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
17.3. Subject to clause 17.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total amount paid under the Contract in the contract year in which the breaches occurred. A contract year means a 12-month period commencing with the date of the Contract or any anniversary of it.
17.4. Except as expressly stated in these Terms and Conditions, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
17.5. This clause 17 will survive termination of the Contract.
18.1. You shall defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services, This Website and/or material.
19) Events Outside Our Control
19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
19.2. If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
19.3. You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact Us. If you opt to cancel We will refund the price you have paid, less the charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.
20) Communications between us
20.1. When We refer to "written" in these Terms and Conditions, this includes email.
20.2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
20.3. A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
20.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
21.1. If We do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by you.
21.2. Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.3. The Contract is between you and Us. No other person has any rights to enforce any of its terms.
22) Governing law
22.1. These Terms and Conditions shall be governed by and construed in accordance with English law and any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
Last updated - 08/06/2018 (6 months ago)