FD Intelligence
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Terms

THESE TERMS AND CONDITIONS APPLY WHENEVER YOU ACCESS OUR WEBSITE AND/OR ORDER SERVICES FROM US FROM OUR WEBSITE.  PLEASE READ THEM CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE AS THEY SET OUT IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL PROVIDE SERVICES TO YOU.  BY PLACING AN ORDER WITH US YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS. IF YOU DO NOT AGREES WITH THESE TERMS AND CONDITIONS, YOU SHOUL LEAVE THIS WEBSITE.

  1. DEFINITIONS

In these Terms and Conditions (“these Terms”), the following definitions shall apply:-

“Order” means an order which You place with Us for the Services You wish to purchase from Us;

“Portal” means the customer portal forming part of the Website;

“Services” means the provision of research and analysis tools on tax via the Portal pursuant to an Order created under these terms between Us and You and which We will supply to You in accordance with these Terms;

“We/Us/Our” means FD Intelligence Limited (Company Number SC651122) of 10th Floor, 133 Finnieston Street, Glasgow, Scotland, G3 8HB”;

“Website” means Our website at fdichatbot.com and fdichatbot.co.uk;

“You/Your” means you, the third party using Our Website and/or Purchasing Services from Us.

  1. TERMS
  • These Terms will apply to the provision of the Services by Us to you to the exclusion of any other terms and conditions.
  • We may amend these Terms at any time and without notice to You and any change will take effect immediately after being posted on the Website and/or the Portal. Continued access to, or use of, the Services or the Platform after any changes to these Terms has been made shall be deemed to indicate Your acceptance of such changes, it being responsibility to review these Terms regularly.
  1. WEBSITE
  • The Website and the Portal are not for use by those who are consumers where the purchase of any Services is for personal use. If you are a consumer, you should leave the Website now.
  • The information on the Website is in English and all communications shall be in English.
  • You may be viewing the Website and the Portal in a territory in which we do not commonly provide our Services and therefore We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website, the Portal or their respective contents.
  1. OWNERSHIP
  • The copyright and other ownership rights in the Website and its contents (including design, text, logos, trade names, graphics, software and any other materials and together with any information, content and materials contained or provided through the Portal) are owned by Us.
  • We expressly reserve all rights, title and interest in and to the Portal, its contents and all materials provided by Us to You in connection with these Terms that are not specifically granted to You. You acknowledge that all rights, title and interest in and to the Portal, its contents and all other materials provided by Us as part of the Services (together with any update, adaptation, translation, customisation or derivative work thereof and all intellectual property rights therein) will remain with Us (or Our licensors, if applicable) and that the Portal, its contents and all other materials provided by Us as part of the Services are made available and not “sold” to you.
  • No rights of copyright or other intellectual property rights shall pass to You in Your use of the browser-based software which is operated by Us in connection with the provision of the Services.
  • Whilst anyone may view the Website and print pages from it for personal use only and for browsing Our Services and placing an Order with Us, any other use by You is strictly prohibited without Our prior written consent.
  • Whilst the Website may provide links to third party websites, We do not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Our control and if You choose to access any such website, You do so entirely at Your own risk.
  1. CONTENT
  • We have taken great care in creating the Website and the Portal but neither We nor Our directors, employees or other representatives will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website and the Portal.
  • Although We aim to provide information which is accurate and up to date, We do not guarantee to do so and the information contained on this Website is provided on an “as is” basis and accordingly We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law permits.
  • We may change, remove or in other ways adapt the content of Our Website and/or the Portal at any time and without advance notice. Your continued access to, or use of, the Services or the Portal after any such changes will be deemed to indicate your acceptance of such changes.
  1. YOUR USE
  • Subject to these Terms and Your compliance therewith, You are entitled (on a non-exclusive, non-sublicensable and non-transferable basis), to use the Services for your business purposes only.
  • Submissions or comments by You which are in any way defamatory, abusive, or which may in any way cause offence to any person are strictly prohibited.
  • You must use Your own identity at all times when using the Website and must ensure that all information which You provide is accurate and up to date.
  • You must not use information about any other person except if You have their permission to do so.
  • You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements.
  • We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of the Website.
  • If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
  • We may in our sole discretion refuse access to this Website to anyone who does not comply with these Terms.
  • By your acceptance of these Terms, You acknowledge and agree that the Services are to be provided on a “browser based” platform and that You are responsible for obtaining access to the Services through your own internet service provider (the airtime charges therefore being Your responsibility) in conjunction with all compatible computer hardware and software You require to achieve the same.
  • Any use by You of the Website and/or the Portal is subject to the following conditions:-
  • You agree not to re-publish any material from the Website and/or the Portal including re-publication on another website;
  • You agree not to sell, rent or sub-licence any material from the Website and/or the Portal;
  • You agree not to reproduce, duplicate, copy or otherwise exploit material on the Website or the Portal for any commercial purpose;
  • You agree not to use the Website or the Portal in such a way that damages, disrupts, interferes with or restricts the use, availability or accessibility of the Website by other users;
  • You agree not to upload, display or transmit any data through the Website or the Portal the use of which infringes the rights of any third party anywhere in the world;
  • You agree not to use the Website or the Portal for any illegal, non-legitimate, fraudulent or harmful purpose nor otherwise than for the provision of the Services for Your bona fide transactions lawfully and properly to be entered into solely in connection with Your business;
  • You agree not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Website or the Portal or attempt to transmit to or via the Website or the Portal any information that contains a virus, worm, trojan horse or other harmful or disruptive component;
  • You agree not to conduct any systematic or automated data collection activities (including data mining and data harvesting) on or in relation to the Website or the Portal;
  • You agree not to use the Website or the Portal to transmit or send unsolicited commercial communications or for any purposes related to marketing.
  1. SERVICES
  • The Website displays details of the Services which are advertised for sale by Us and gives information about them.
  • By advertising Services on the Website, We are inviting You to place an Order with Us.
  • If You place an Order in accordance with these Terms, We are not obliged to accept that Order and the contract between Us will only be formed if and when We accept Your Order and make the Services available to you.
  • We reserve the right to refuse to supply Services to any third party.
  • We shall effect the supply of the Services with all reasonable skill and care. However, We do not guarantee that the Website and the Portal will always be available to You and accordingly the Website and the Portal are made available strictly on the basis that (1) You accepts use of the Website and the Portal on an ‘as is’ and ‘as available’ basis, (2) all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the use of the Website and the Portal are excluded to the fullest extent permitted by law and (3) We exclude any liability, to the fullest extent permitted by law, of Us in respect of any loss or damage resulting or arising from any non-availability for use of the Website or the Portal or from reliance on the contents of the Website or the Portal or any material or content accessed through it.
  • We do not guarantee that the Website and/or the Portal will always be free from error, virus or similar.
  • We may have a need to from time to time effect repair, maintenance or improvement services in connection with the provision of the Services. If so, We will restore functionality in relation to the provision of the Services as soon as is reasonably possible.
  • The data processing obligations of Us and You in relation to the Services shall be as set out in Our Data Processing Terms as set out on the Website, which terms shall be deemed to apply in full as if set out herein.
  1. ORDERING PROCESS
  • The following provisions set out the process which You will need to go through to place an Order and how the contract for the provision of the Services between us will be created, namely:-
    • You must add any of the Services You wish to purchase to Your shopping cart and then proceed to the checkout;
    • If You are a new customer, You must then create an account with Us and log in;
    • Once You are logged in, You will be provided with the opportunity to identify any input errors in your Order and to correct the same following upon which the We can confirm Your Order and Your acceptance of these Terms;
    • You will then be transferred to the Supplier’s https://stripe.com/gb which will handle Your proposed payment for the Services;
    • We will then by email confirm receipt of Your Order;
    • Once We have checked that We are able to meet your Order, We will then by email confirm acceptance of the Order and the conclusion of a binding contract or alternatively we will confirm by email that We are unable to fulfil Your Order;
    • If acceptance of your Order is achieved, We will thereafter by email provide You with an account login key for the Portal relative to the Services You have purchased.
  • We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so including where:
  • We are unable to obtain authorised payment or the payment process is incomplete; or
  • We identify a product or pricing error on the Website; or
  • You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
  • We suspect that Your Order is related to fraudulent activity; or
  • You fail to submit all necessary and relevant details to allow Us to fulfil the Order.
  • We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or if We are unable to accept it.
  1. PRICE AND PAYMENT
  • Prices and charges for the Services are as published on the Website at the time when We accept Your Order.
  • We may amend prices for the Services at any time and, where there is a difference between a price at the time Your Order is made and when we confirm Your Order, We will inform You by email or telephone and ask You if You wish to proceed in which case, if You decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
  • We must receive payment for the Services before they are provided.
  • We accept payment by specified credit and debit cards but You must only use a card if You are the named cardholder and, by placing an Order, You will be deemed to confirm that You are the authorised cardholder.
  • All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer and if the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay.
  1. DISCLAIMER & OUR LIABILITY
  • YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MADE AVAILABLE TO YOU IN CONNECTION WITH THESE TERMS ARE DESIGNED AND INTENDED TO BE USED AS INFORMATION TOOLS AND SERVICES ONLY. ACCORDINGLY, THEY ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGEMENT OF A PROFESSIONAL SERVICES TAX ADVISER AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR THE SAME.
  • NOTHING IN THESE TERMS OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE.
  • IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES RESULTING FROM OR RELATED TO THESE TERMS.
  • TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE PROVISION OF THE SERVIVES OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE PRICE OF THE SERVICES, WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US.
  1. MISCELLANEOUS
  • Nothing in these Terms shall exclude or limit any rights available under applicable law which cannot be excluded or limited which means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
  • These Terms represent the entire agreement and understanding between Us and You in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal and You acknowledge that You have not relied on any representation or promise given by Us or implied from anything said or written other than as specifically set out herein.
  • These Terms between You and Us are binding and You may not transfer or assign Your rights or obligations to another person without Our express agreement but We may transfer or assign Our rights and obligations under any contract so created or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
  • If any provision of these Terms is found in any way to be void by a Court or other competent authority then all other provisions of these Terms will continue to apply.
  • If either We or You do not at any time act on any rights which we have under these Terms then it will not affect any such right to enforce any rights at a later stage and, if either of You or Us chooses not to rely on such a right, it will not affect any other rights which either of You or Us has.
  • These Terms are to be governed by and subject to Scots law and both We and You agree that any dispute arising under or connected to these Terms will be subject to the exclusive jurisdiction of the Scottish courts.