TERMS AND CONDITIONS

Welcome to our website. These terms and conditions (Terms) set out the terms under which our valuation toolkit, accessed via subscription, is sold by us through our website, www.fiscalvalue.co.uk (our website). Please read these Terms carefully. You will be required to accept these Terms when ordering a Subscription. If you do not you will not be able to purchase a Subscription (including a free trial) and access the Toolkit.

  1. About us

    Fiscal Value Limited (referred to as Fiscal Value, we, us or our) is the owner of the website and is a limited company incorporated in England and Wales under registration number 13568132. The registered office address of Fiscal Value Limited is 8 The Jetty, Creaton, Northampton NN6 8NZ.

  2. The Toolkit, Orders, Subscriptions and Pricing

    1. Our website is intended solely to help business users (you) produce valuations of unquoted shares for taxation purposes (valuations). It neither provides nor offers any form of related taxation advice, help or guidance. The product in the website and used to generate valuations is referred to as the Toolkit.

    2. No part of our Site constitutes a contractual offer. Your payment for a Subscription constitutes a contractual offer that we may, at our discretion, accept by sending you a confirmation email (Subscription Confirmation) at which point there will be a binding contract between us and you (the Contract). Subscription Confirmations will contain details of the Subscription and a link to the invoice and corresponding receipt.

    3. Subscription prices and duration/terms are set out on our website. We reserve the right to change our prices and in such instance will provide at least 30 days notice of the change. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.

    4. Full payment of Subscriptions is due on or before first access to the Toolkit. Payments can be made by card (Visa, Visa Debit, Mastercard). Refunds will not be given in respect of the unexpired portion of any Subscriptions. We recommend that prior to taking a Subscription you make use of the 30-day free trial period in order to ensure that the Toolkit meets your expectations.

    5. For the duration of any Trial Period (as set out in your Subscription Confirmation) you can evaluate whether you wish to purchase a Subscription. We may monitor your use of the Toolkit during the Trial Period and reserve the right to limit the number of valuations you can make during the Trial Period. During the Trial Period you may not make modify or make copies of any materials from the Toolkit; or make available materials from the Toolkit to anyone else.

  3. Your account and use of the Toolkit

    1. In order to access the Toolkit you will enter your user name and password. You should treat this information as confidential and must not disclose the same to any third party. If you know or suspect that this confidentiality has been breached you should notify us as immediately at info@fiscalvalue.co.uk.

    2. We reserve the right to disable your account if in our reasonable opinion you have failed to comply with these Terms.

    3. In using the Toolkit, you must ensure any data or information you submit complies with applicable law, and that you have all necessary permissions to do so.

    4. When you have purchased a Subscription you will be able to either store your valuations on the website or download such valuations. After your Subscription ends any valuations stored on the website will be deleted.

  4. Provision of the Toolkit

    1. The Toolkit will be available to you immediately on sending you a Subscription Confirmation and will be available for the duration of your Subscription including any renewals, or until the Contract is otherwise ended.

    2. We may need to suspend the provision of the Toolkit (in full or in part) to make necessary technical changes; to update the Toolkit to comply with changes in the law or regulatory requirements. These changes will not alter the main characteristics of the Toolkit and should not normally affect your use. However, if any change is made that would affect use of the Toolkit, suitable information will be provided to you. Where updates are made to the Toolkit, it will continue to match our description when you purchased your Subscription. This does not prevent us from enhancing the Toolkit, going beyond the original description.

  5. Intellectual property rights

    1. We are the owner of all intellectual property rights in our website and in the material on it (including the Toolkit) and all such rights are reserved. You agree that you will not do anything to infringe or prejudice those rights.

    2. You are granted a non-exclusive non-transferable licence to access and use the Toolkit for the duration of your subscription.

    3. The Toolkit is intended for your use for business purposes and you agree not to use it for any resale purposes. Unless otherwise expressly permitted by us, you may not: (i) sell, sublicense, distribute, store, copy, modify, decompile or disassemble, reverse engineer the Toolkit or the website in whole or in part; or (ii) use the Toolkit or the materials on the website to create any derivative works or competitive products.

  6. Our Liability

    1. It is understood that Fiscal Value is not engaged in providing bespoke business valuation, legal, financial, or other professional advice. The accuracy of information in the Toolkit is not guaranteed as business practices, laws and regulations may change or be subject to varying interpretations. You may prefer to follow alternative approaches and materials different than those supplied with the Toolkit. We encourage you to consult with specialist business valuers, lawyers, or tax advisors if you doubt the suitability of the Toolkit, or do not understand some Toolkit features. To the fullest extent permitted by law we exclude all conditions, warranties, representations or other terms which may apply to our website or the Toolkit, whether express or implied.

    2. Subject to Clause 6.4, we will not be liable to you or any other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of profit, loss of business, business interruption, any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any Contract including in relation to your use of the Toolkit, any decisions that are made based on the Toolkit, or for errors or omissions in the content of the Toolkit. Your use of the Toolkit is at your own risk in these respects.

    3. Subject to Clause 6.4, our total liability to you for all other losses arising out of or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the total sums paid by you under the Contract in question.

    4. Nothing in these Terms limits or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other matter in respect of which liability cannot be excluded by law.

  7. Links to other websites and resources

    Where our website contains links to third party sites, resources or advisers these are provided for your convenience. and does not imply endorsement by us of the linked sites or any association with their operators. We do not control and have no responsibility for the contents of such websites or resources. Where you enter into any agreement for bespoke valuation, tax or other services with any such third party such services will be subject to the terms of engagement with the third-party adviser and we have no responsibility for the performance of such services.

  8. Entire agreement

    These Terms constitute the entire agreement between you and us in relation to the Toolkit and your purchase of Subscriptions. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of us that is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement in these Terms.

  9. Applicable law and jurisdiction

    These Terms, their subject matter and their formation are governed by English law. Any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  10. Other Important Terms

    1. We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party. If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations will be transferred to the third party who will remain bound by them.

    2. You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without our express written permission.

    3. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

    4. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

    5. No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any of these Terms means that we will waive any subsequent breach of the same or any other provision.

  11. Changes to these Terms

    We may revise these Terms from time to time. If we change these Terms as they relate to your Subscription to any material extent, we will give you reasonable notice of the changes and provide details of how to cancel if you are not happy with them. For other changes please check this section periodically to take notice of any changes we may have made which will be effective from the next time you use the Toolkit. These Terms were last updated in October 2021.

  12. Data Protection and Privacy

    All personal data that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.

  13. Contact us

    Should you have any questions or comments please feel free to contact us by emailing info@fiscalvalue.co.uk

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