Terms of Use
Last updated April 08, 2022
AGREEMENT TO TERMS
These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you, whether personally or on behalf of an entity, or whether as a guest or a registered user (“you”) and Acclivity Media Ltd (Company Number 12784416), doing business/trading as The Finance Department and having its registered office at The Brentano Suite, Catalyst House 720 Centennial Court, Centennial Park, Elstree, Borehamwood, Hertfordshire, United Kingdom, WD6 3SY (“The Finance Department”, “we”, “us”, or “our”), concerning your access to and use of the https://staging.thefinancedepartment.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue its use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We may change these Terms of Use at any time by updating this webpage, and your continued use of the Site following such update will represent an agreement by you to be bound by the Terms of Use, as amended. We encourage you to check our Site for any updates or amendments to these Terms of Use regularly. If you do not agree with the updated Terms of Use, then you are expressly prohibited from using the Site and you must discontinue its use immediately.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
NO FINANCIAL, ACCOUNTING OR INVESTMENT ADVICE
The content on the Site is for informational purposes only and pertains to the rules, regulations, codes, bye-laws and practices in the jurisdiction of the United Kingdom only.
You should not construe or rely on any such information, content or other material as tax, investment, accounting, financial, legal or other advice.
The information is of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional or financial advice, nor constitutes a comprehensive or complete statement of the matters discussed or the financial, accounting, tax or legal position relating to such matters.
Nothing contained on the Site constitutes a solicitation, endorsement, offer, financial promotion or recommendation by us or any third party to buy or sell any securities or other financial instruments in the UK or in any other jurisdiction in which such solicitation, endorsement, offer or recommendation would be unlawful or illegal under the securities laws of such jurisdiction.
We are not acting as a fiduciary by virtue of your use of or access to the Site. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or content on the Site before making any decisions based on such information or content.
In exchange for using the Site, you agree not to hold us, our affiliates or any third party service provider liable for any possible claim for damages, losses or indemnities arising from any decision you make based on the information or content made available to you on or through the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated in these Terms of Use, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, blogposts, articles, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only, provided that you do not infringe any rights relating to copyright, trademark, patent and other proprietary information rights. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
LIMITED RIGHT OF USE
The Site is and shall remain the property of The Finance Department and is protected by copyright, trademark, patent and other intellectual property, proprietary, work product rights and laws.
Except as expressly authorized by us in writing, you shall not reproduce, modify or create derivative works based on all or any part of the Site. You shall not sell, distribute, publish, display, reverse engineer, de-compile, dissemble, license, lease, loan, any or all part of the Site.
All trademarks on the Site not owned by us are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any assignment, license or right to use any of our trade names or trademarks without our express prior written consent.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorised purpose; and
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not up-to-date, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We may offer subscriptions to you, free of charge, for a definite period of time, which will include complimentary access to our paid subscription features. As a user of the Site and a Subscriber of the complimentary features for the designated period, you agree to be bound by these Terms of Use (expect the payment obligations set out in these Terms of Use). Upon the expiry of the complimentary subscription period, your access to these features will be terminated. Should you wish to access these features, you shall be allowed to access the paid features you agree to comply with and abide by the subscription and payment conditions mentioned below.
You may subscribe (“Subscriber”) to paid features on the Site which may include one or more of the following features:
- our online Community Forum (“TFD Community Forum”);
- webinars; and
- premium video content.
The subscription will allow the Subscriber access to the paid features mentioned above, which entail discussions, questions and answers, online chat interactions with industry experts, practitioners, academicians and moderators (“Experts”) engaged with us on a wide range of financial and accounting subjects and topics.
The subscription period and subscription fee will be set out in the invoice issued to the Subscriber or at the point where online payment is made.
The subscription will commence when the order is placed and will terminate at the end of the subscription period set out in the invoice. The Subscriber may renew the subscription at the then current fee.
If the Subscriber or the User breaches these Terms of Use (including without limitation the licence conditions below) this will entitle us, in addition to any other remedy available, to cancel any and all passwords issued to the Subscriber and to terminate the subscription immediately. In such event no part of the annual fee already paid will be repayable to you.
On termination the Subscriber shall use reasonable endeavours to ensure that all Users delete any part of the Content copied to any permanent or temporary storage device, or uploaded, posted, copied, repurposed, reproduced on any social media platform including Facebook, LinkedIn, Instagram.
You agree and acknowledge that the Site are for general information and research purposes only, and your use of the Site, you shall not hold us, our affiliates or any third party service provider liable for any possible claim for damages, losses or indemnities arising from any decision you make based on the information or content made available to you on or through the Site.
Unless otherwise agreed in writing with us, you must pay the annual subscription fee or the monthly subscription fee, for the entire duration of the agreed subscription. The subscription fees will be inclusive of VAT. We will issue tax invoices to the Subscriber from time to time.
We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
We process payments through the Site using third party payment providers including Apple Pay, Google Pay, Paypal or Stripe (“Online Payment Partner ”). In addition to this agreement, your subscription to the Site will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website and by using the Site and its features, you agree to be bound by them.
You agree to release us and our employees, directors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
PROHIBITED ACTIVITIES
You must not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorised framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
USER GENERATED CONTRIBUTIONS
If you are a Subscriber or an Expert, the Site may allow you to chat, contribute to, or participate in blogs, message boards, TFD Community Forums, webinars, premium video content and other features and functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, blogposts, comments, suggestions or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and we may take appropriate legal action to protect our interests as well as the interests of our affiliates, Experts, employees, directors and agents.
CONTRIBUTION LICENSE
We may partner with any Expert or third party (“Contributor”) to create Content for the Site. The Contributor agrees and acknowledges that by agreeing to post of their Content on the Site, they release the Content to us and have no-objection for us to use the Content. Any and all intellectual property rights in your Contributions published or posted on the Site including the TFD Community Forum and any paid features on the Site shall be owned by and belong to us.
We may agree with a Contributor to host, repurpose and post on our Site, any of their Content which is or has previously been posted or displayed on other sites or platforms. The Expert or the Contributor agrees and acknowledges that by agreeing to host, repurpose or post of their Content on the Site, they release the Content to us and have no-objection for us to use the Content. Any and all intellectual property rights in any such Content, which is hosted, repurposed and posted on the Site and any paid features on the Site shall be owned by and belong to us.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
In respect of the Contributions or Content posted or published on the Site including the TFD Community Forum , any paid features on the Site and social media platforms, we have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Site and on our social media platforms; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you, whether in your capacity as a user, the Subscriber or the Expert on the Site, the TFD Community Forum and other paid features on the Site are not confidential and shall become our sole property. You acknowledge that your Submissions shall be our sole property and shall not be kept confidential. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://thefinancedepartment.co/privacy-policy/.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material or Content available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site as well as during the continuance and subsistence of a paid subscription.
Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
You and The Finance Department irrevocably submit to the exclusive jurisdiction of the courts of England in respect of any proceedings arising out of or in connection with these Terms of Use.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The Site is provided on an as-is and as-available basis and without warranties of any kind. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we and our employees, directors, officers, agents, partners, service providers and suppliers, disclaim all warranties, express or implied, in connection with the Site and content and your use thereof, including, without limitation, all warranties of title, merchantability, fitness for a particular purpose, non-infringement, completeness, accuracy, usefulness and warranties that may arise from the course of dealing or performance of trade or usage.
We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site,
(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(4) any interruption or cessation of transmission to or from the Site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data or any other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the subscription fees paid by you to us in the year in which the cause of action arose, or in the case of free use of the Site, upto a maximum of £50.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our respective officers, agents, partners, Experts and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, to electronic delivery of notices, policies, records of transactions initiated or completed by us or via the Site. You waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Acclivity Media Ltd
Catalyst House, 720 Centennial Ave, Centennial Court, Elstree, Borehamwood WD6 3SY, UK
Centennial Court, England WD6 3SY
United Kingdom
Phone: +44 (0)20 8736 5888
admin@thefinancedepartment.co
