Terms and Conditions of Use
"Applications"
means any applications developed, owned or made available by the Company for use on any
Device;
"Device"
means any machine, equipment or electronic device of any description used for
communication, to access the internet, or to store, access or process information
including without limitation, computers, tablets, mobile phones, smartphones, iPhones
and iPads; and
"Website"
means .
In consideration of Back Office Solutions Ltd. (the "Company"), providing to you access
to and use of the Company's Website and Applications you agree to and agree to be bound
by the following terms and conditions and the Privacy Policy (the "Terms and
Conditions") in respect of your access to the Website and Applications. If you do not
agree to any of these Terms and Conditions please select the "I Decline" option on the
Login page and leave or exit the Website and Applications. Your continued use of the
Website and Applications will be deemed to be acceptance in full of these Terms and
Conditions.
The Terms and Conditions are as follows:
1. You will be registered to use the Website and Applications and a profile will be
created for you and/or your business to facilitate your access to and use of the Website
and Applications. In being registered and registering for use of the Website and
Applications, you agree to provide true, accurate, current and complete information
about you/your business as requested. Your profile, data and any registration
information you provide to create your profile will be protected as described in our
Privacy Policy.
2. You confirm that you are the person to whom the log-in name and password in respect
of this Website and Applications was issued. or a duly authorised representative of that
person who has been authorised to access this Website and Applications on their behalf.
You confirm that you will not authorise access or give your password to any third party
unless you have obtained the written approval of the Company. You undertake to keep the
log-in name and password, issued to you in respect of this Website and Applications,
confidential and not to disclose it to any third party. You undertake to the Company
that you will notify us as soon as possible if such log-in name and password has been
disclosed to any third party or if you become aware of a breach of security. In the
event the Company becomes aware that a third party not authorised to use your log in
name and password has logged into your account, we reserve the right to cancel your
account and take necessary action against you as may be permitted by law. You agree to
indemnify the Company and hold the Company harmless against any losses, claims, damages,
costs that may be suffered by the Company by the use of your account by a third
party.
3. You must not use our Website and Applications, in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity, or in any manner inconsistent with the Terms and
Conditions.
4. The material provided through our Website and Applications, is not intended as
investment advice or an offer or solicitation to buy, sell or provide investment
products, investment services or any goods or services in which we may trade or have an
interest. The information provided through Website and Applications, is for indicative
information purposes only and you should consult your legal, tax, accounting, investment
or other professional adviser before taking any action, decision or course of
action.
5. Access to and use of information contained in our Website and Applications may be
prohibited in certain jurisdictions and our Website and Applications should not be
accessed and the information contained on our Website and Applications should not be
used in any jurisdiction where such prohibitions apply. You must ensure that the use of
the material and information on our Website and Applications does not contravene any
such prohibitions and it is your responsibility to be informed and to observe all
applicable laws and regulations of any relevant jurisdiction before using or, as
appropriate, continuing to use our Website and Applications. You agree and undertake to
defend, indemnify and keep the Company, its affiliates, directors, officers, employees
and agents indemnified from and against all losses, claims, actions, demands,
liabilities, costs, expenses and damages of any nature whatsoever and whether or not
reasonably foreseeable or avoidable, caused by, or in connection in any way with any
contravention of any applicable laws or regulations.
6. While all reasonable efforts have been made to ensure that the information on our
Website and Applications is accurate at the time it is made available, such information
is provided on an "as is", "where is" and "where available" basis for indicative
purposes only, without warranty of any kind, either express or implied, including but
not limited to warranties of title or implied warranties of satisfactory quality or
fitness for a particular purpose or otherwise, other than those warranties which are
implied by and incapable of exclusion, restriction, or modification under applicable
law.
7. The Company does not accept responsibility for updating information and material
contained on our Website and Applications and therefore it should not be assumed that
the information contained will necessarily be accurate, complete or up-to-date at any
point in time. Users should independently verify the factual accuracy, assumptions,
calculations or completeness of all statements and material contained on our Website and
Applications. You should not rely on the accuracy of any information on our Website and
Applications and if you require up-to-date, accurate information you should contact the
Company or individual responsible for the accuracy of the information.
8. Access to and use of our Website and Applications is at the users' sole risk. As
protecting your data is of utmost importance to us, the Company has adopted high levels
of security and encryption with the goal of effectively protecting your data. However,
data, including any personal data transmitted through the internet may be subject to
interference from third parties and we cannot guarantee the security of data or
information accessed by way of our Website and Applications.
9. The Company aims to adopt practices to ensure round the clock availability and access
to the Website and Applications. However, the Company does not represent or warrant that
the Website and Applications will be available and meet your requirements, that access
will not be interrupted, that there will be no delays, failures, errors or omissions or
loss of transmitted information, that no viruses or other contaminating or destructive
properties will be transmitted or that no damage will occur to your computer system. You
have sole responsibility for adequate protection of data and/or equipment and for
undertaking reasonable and appropriate precautions to scan for computer viruses or other
destructive properties.
10.Subject to any applicable laws, in light of the foregoing warnings you acknowledge
and agree that the Company, its affiliates, any of its respective directors, officers,
employees and agents will not be liable in any way to you or to any third party:
10.1 for any losses, claims, actions, demands, liabilities, costs, expenses and damages
of any nature whatsoever and whether or not reasonably foreseeable or avoidable, caused
by and which arises out of and in connection with, in any way, your use of the Website
and Applications and/or the information contained on the Website and Applications and
referred to in the Website and Applications, including without limitation, for breach of
contract, in tort, for negligence, under an indemnity, for breach of warranty or
otherwise; and
10.2 for any consequential, exemplary, indirect or special damages including, without
limitation, loss of profit, loss of goodwill or reputation, loss of business, loss of
revenue, capital expenditure or otherwise resulting from any claim (including, and
without limitation, a claim for breach of contract, in tort, for negligence under an
indemnity, for breach of warranty or otherwise) related to your use of the Website and
Applications and/or any of the information contained on it or referred to in it;
and
10.3 for any loss, claim, action, demand, liability, cost, expense and damage of any
nature whatsoever and whether or not reasonably foreseeable or avoidable, which arises
out of and in connection with, timelines, accuracy or completeness of the information or
material provided in the Website and Applications; and
10.4 for any loss, claim, action, demand, liability, cost, expense and damage of any
nature whatsoever and whether or not reasonably foreseeable or avoidable, which arises
out of and in connection with, any breach of security, data and loss of confidentiality
and data.
11. You agree that all warranties, conditions, terms, undertakings and representations
express or implied, statutory or otherwise, are hereby excluded to the fullest extent
permitted by law. The contractual rights which you enjoy by virtue of the Sale of Goods
Act, 1979 (as amended) and the Supply of Goods and Services Act, 1982 (as amended) are
in no way prejudiced by anything contained in these Terms and Conditions, save to the
fullest extent permitted by law.
12. You acknowledge that in accessing the Website and Applications and the information
contained or referred to in the Website and Applications, you are acting in the course
of your business, trade or profession and that you are not acting as a "consumer" as
such term is defined in any applicable laws including (without limitation) the Sale of
Goods Act, 1979 (as amended) the Supply of Goods and Services Act, 1982 (as amended),
the Unfair Contract Terms Act ,1977 (as amended), the European Communities (Unfair Terms
Consumer Contracts) Regulations, 1995 or otherwise.
13. You agree, at your own expense, to defend, indemnify and keep the Company, its
affiliates and their respective directors, officers, employees and agents indemnified
from and against all losses, claims, actions, demands, liabilities, costs, expenses and
damages of any nature whatsoever and whether or not reasonably foreseeable or avoidable
incurred by us, caused by, and in connection in any way with:
13.1 your access to the Website and Applications, or any links on the Website
and Applications and/or your use of the information contained or referred to in
the Website and Applications and any customer and client of yours that uses the
Website and Applications;
13.2 the access to the Website and Applications by any third party using your
log-in name and password and the use by any third party of any information
contained or referred to in the Website and Applications obtained, directly or
indirectly, from you and/or by using your log-in name and password;
13.3 your failure and any of your customers' and clients' failure to comply with
any of the Terms and Conditions set out herein;
13.4 a claim that any use of the Website and Applications by you or someone
using your log-in name and password infringes any copyright, trademark or other
intellectual property right of any third party;
13.5 any deletions, additions, insertions or alterations to, or any unauthorised
use of, the Website and Applications by you or someone using your log-in name
and password; and
13.6 any misrepresentation or breach of representation, warranty or covenant
made by you contained herein;
For the avoidance of doubt, you also agree to pay any and all costs, damages and
expenses (including reasonable attorneys' fees) and costs awarded against,
incurred by, in connection with access and arising from any loss, claim, action,
demand, liability, cost, expense and damage of any nature whatsoever and whether
or not reasonably foreseeable or avoidable in connection with the indemnities in
this clause.
14. You acknowledge and agree that the Website and Applications are owned and
controlled by the Company, except as otherwise expressly stated, and these are
protected by copyright laws and international treaties. You acknowledge and
agree that all intellectual property rights (including, without limitation
copyright, patents, database rights, trademarks, service marks, designs,
know-how, trade secrets and other proprietary rights) which subsist in the
Website and Applications and/or the information referred to in the Website and
Applications is and will remain the Company's property (or the property of our
licensors) and your right to use it is limited to use for your own internal
business purposes and you have no right to copy it, sub-licence it, disclose it
to third parties, transfer, link to, reproduce, frame, alter, create derivative
works or republish all or any portion of the Website and Applications for any
commercial or public purpose without the Company's written consent. You further
acknowledge and agree that you do not acquire any ownership rights by
downloading copyrighted material.
15. The Website and Applications may, from time to time, contain links to other
web sites. The Company is not responsible for the privacy policies or content
available on any other websites linked to the Website and Applications. Access
to and use of such other websites is at your own risk and subject to any terms
and conditions applicable to such access/use. You should satisfy yourself as to
the identity of the operators of those sites and review the terms and
conditions, privacy policies and disclaimers of such sites when you visit them.
By providing hyperlinks to other websites, the Company shall not be deemed to
endorse, recommend, approve, guarantee or introduce any third parties or the
service/products they provide on their website, or to have any form of
cooperation with such third parties and websites. The Company makes no
representations or warranties regarding the accuracy, functionality or
performance of any third party software that may be used in connection with the
Website and Applications.
16. Your access to the Website and Applications will terminate immediately
without notice upon the occurrence of any of the following events:
A) if the Company reasonably determines, that you have failed to comply with any
provision of the Terms and Conditions, or
B) in the event of non-payment of any fees owed to the Company.
The Company reserves the right to terminate the Website and Applications or your
access to it in the above mentioned situations only without giving you any
notice thereof. You agree that you will not be entitled to any compensation in
the above mentioned situations for any such termination including, without
limitation for any loss, claim, action, demand, liability, cost, expense and
damage of any nature whatsoever and whether or not reasonably foreseeable or
avoidable, including without limitation, any loss of profits, loss of goodwill
or reputation, loss of business, loss of revenue, capital expenditure or
otherwise.
17. All of these Terms and Conditions are distinct and severable and if any of
these Terms and Conditions are held unenforceable, illegal or void in whole or
in part by any court, regulatory authority or other competent authority, it will
to that extent be deemed not to form part of these Terms and Conditions and the
enforceability, legality and validity of the remainder of these Terms and
Conditions will not be affected.
18. These Terms and Conditions may be amended, modified or varied at any time
and from time to time by us by giving you 60 days' notice. Your use of the
Website and Applications, or any use of the information or material on the
Website and Applications after the expiration of the 60 day notice period from
the posting of amendments, modifications or variations to the Terms and
Conditions will constitute your acceptance of the Terms and Conditions as
amended, modified or varied. If, at any time, you do not wish to accept the
Terms and Conditions, please notify the Company within the 60 day notice period
and we will take the necessary steps to terminate your services and access to
the Website and Applications.. The Company also reserves the right to modify the
Website and Applications at any time and from time to time at the Company's sole
discretion.
19. These Terms and Conditions supersede all prior representations,
arrangements, understandings and agreements between you and the Company relating
to your access to the Website and Applications and use of the information
contained or referred to in it and the Terms and Conditions set forth the
entire, complete and exclusive agreement and understanding between you and the
Company relating to such access and use. You acknowledge and confirm that you
have not relied on any representation, arrangement, understanding or agreement
(whether written or oral) not expressly set out in these Terms and
Conditions.
20. You may not assign, sub-licence, encumber or otherwise deal in your right to
access the Website and Applications and use of the information contained or
referred to in it, without the Company's prior written consent.
21. The use of the Website and Applications, these Terms and Conditions and all
relationships created by them shall be governed by the laws of England and Wales
and you agree that the courts of England and Wales shall have non-exclusive
jurisdiction to determine any matter or dispute in connection or arising out of
the Website and Applications and these Terms and Conditions or their
performance.
22. You confirm that you have read and understood these Terms and Conditions
and, where you believe necessary, have received independent legal or other
professional advice in respect of them.
23. You agree that the exclusions and limitations of liabilities set out in the
Terms and Conditions are fair and reasonable. If you do not accept them, please
select the "I Decline" option below and please cease using the Website and
Applications and the information contained or referred to in the Website and
Applications immediately.
Need more information about our Privacy Policy?
Send a Message.