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DutyCalculator Terms & Conditions
These terms and conditions govern your access to and use of the products and services available from the Website www.dutycalculator.com (“Website”) owned and operated by Bundle Tech Limited of 1 Old Court Mews, 311 Chase Road, London, United Kingdom, N14 6JS (“Bundle Tech”). Please read these terms carefully before using the Website, providing your account details on the Website and/or purchasing any of the products or services available from the Website because doing any of these things indicates that you accept these terms and conditions regardless of whether or not you choose to provide Bundle Tech with your account details. If you do not accept these terms and conditions, do not use the Website, the Content, or the Services.
1.1 You may access most areas of the Website without providing your account details to us. Certain products and services are only available from the Website if you provide your account details and pay a fee.
1.2 By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave the Website immediately.
1.3 Bundle Tech may revise these terms and conditions at any time. You should check the Website from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded or added to by terms located on particular pages of the Website or terms associated with new products or services which are launched.
2.1 The following words and phrases have the following meanings:
“Content” means the content of the Services and the Website including all results presented and generated by the Services and the Website;
“Duty Calculator Brand Features” means the duty calculator name and logo used on the Website in connection with the provision of the Services;
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; and
“Services” means the services as updated from time to time made available from the Website together with any documentation relating to them.
3. WHAT BUNDLE TECH PROVIDES TO YOU
3.1 Bundle Tech makes available to you the Website and in some instances, subject to you providing account details and payment, the Services and the Content.
3.2 Bundle Tech does not provide professional tax advice or opinions. The Content and Services provided to you may not be appropriate for your specific circumstances in each case. Whilst Bundle Tech has a rigorous quality assurance process and strives to provide Content which is always accurate, it is wholly dependent upon the accuracy of third party sources and the timely updating of those sources by third parties in providing you with accurate Content. As such, we recommend that you confirm the accuracy of any Content provided by the Services and seek the assistance of tax and/or accountancy professionals in ensuring that the Content and the Services are suitable for each situation for which you need them.
4. WHAT YOU ARE LICENSED TO DO
4.1 Bundle Tech grants to you a non exclusive, personal, non sublicensable right to use the Services for the duration of these terms and conditions.
4.2 Bundle Tech grants to you a non exclusive, personal, non sublicensable right to use the Duty Calculator Brand Features for the duration of these terms and conditions solely in connection with your use of the Services and the Website in accordance with these terms and conditions.
4.3 Any rights not expressly granted in these terms and conditions are reserved to Bundle Tech.
5. WHAT YOU MUST DO
5.1 You shall:
(a) provide true, accurate, current and complete information about yourself when providing your account details;
(b) maintain the security of any password and/or API key which is provided to you;
(c) comply with any security and administrative regulations notified to you by Bundle Tech; and
(d) comply with all applicable laws in your use of the Services, the Content and the Website.
6. WHAT YOU MUST NOT DO
6.1 You shall not:
(a) post or transmit to or from the Website anything which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(b) misuse the Website (including, without limitation, by hacking);
(c) frame or use any framing techniques to enclose the Website, or any part of it, or any web page from which the Services are accessible;
(d) take any action that in Bundle Tech’s sole discretion places an unreasonable or disproportionately large load on Bundle Tech’s servers or other infrastructure; or
(e) use any robot, spider, scraper or other automatic device, process or means to access the Website, its Services or the Content;
(f) use the Website or the Services in any way which may cause, or be likely to cause, access to or use of the Website and/or the Services to be interrupted, damaged or impaired in any way;
(g) distribute, sell, supply, modify, alter, adapt, translate, amend, incorporate, merge, or otherwise change the Services, the Website, or the Content;
(h) attempt to decompile, reverse engineer or otherwise disassemble any of the Services (except to the extent allowed by law);
(i) attempt to copy or decrypt any of the Content, Services or the Website,;
(j) create any derivative works of any of the Content, Services or the Website;
(k) use the Content, Services or the Website to create a database independent of the Content, Services or the Website;
(l) redistribute, encumber, sell, rent, lease, transfer or otherwise use any of the Content, Services or Website;
(m) attempt to gain unauthorised access to the Services, the Website or Bundle Tech’s servers;
(n) probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website;
(o) modify or remove any copyright and/or other intellectual property notices or watermarks on any Content; or
7. REGISTRATION, PAYMENT AND YOUR USE OF THE SERVICES
7.1 By providing your account details, you are registering with Bundle Tech for a single user only. Bundle Tech does not permit you to share your user name, password and/or API key with any other person nor with multiple users on a network.
7.2 You are entirely responsible for all activities that occur under your account. You shall notify Bundle Tech immediately of any unauthorised use of your account. Bundle Tech shall not be liable for any loss or damages that you may incur as a result of someone else using your password, API key or account, either with or without your knowledge.
7.3 You shall pay Bundle Tech the sums stipulated on the Website for the services ordered by you. VAT, if applicable, shall be paid in addition. If payment is not made when due, Bundle Tech may charge interest at the rate of 2% per annum above the prevailing base rate of Barclays Bank PLC from the due date until the date of actual payment, whether before or after judgment. Charges for Services are solely based on Bundle Tech’s measurements of your usage. Customer acknowledges and agrees that any account, credit card and related billing and payment information which Customer provides to Bundle Tech may be shared by Bundle Tech with companies who work on Bundle Tech’s behalf solely for the purpose of performing credit checks, effecting payment to Bundle Tech, collecting debts owed to Bundle Tech and/or servicing your account.
7.4 By providing your account details, you provide your consent to Bundle Tech’s use of your company name and logo on Bundle Tech’s customer lists, marketing materials and Website.
7.5 On creation of an account with Bundle Tech you shall provide true and accurate credit card/PayPal/billing information. You shall ensure that you have sufficient funds in the relevant account to pay all sums due under these terms and conditions when they are due to be paid.
7.6 In the event of billing disputes, Bundle Tech reserves the right in its sole discretion to apply credits to future sums due rather than refunds against past payments.
7.7 If you breach any of the terms in these terms and conditions, your permission to use the Website and the Services automatically terminates. In addition, without prejudice to any other rights or remedies which it may have, in such circumstances, Bundle Tech shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the Website and/or the Services at any time in its discretion without liability to you.
8. TERM AND TERMINATION
8.1 These terms and conditions shall be effective from when you first use the Website, the Services and/or the Content and shall continue in effect unless terminated earlier in accordance with their terms, or you cancel your registration.
8.2 You or Bundle Tech may terminate these terms and conditions with immediate effect if the other:
(a) is in material breach of these terms and conditions and the breach is incapable of remedy; or
(b) the other party is in material breach of these terms and conditions where the breach is capable of remedy and fails to remedy that breach within thirty days after receiving written notice of such breach.
8.3 Upon termination of these terms and conditions any prepaid subscriptions or credits are non-refundable.
9. ACCESSIBILITY OF THE SERVICES
9.1 While Bundle Tech endeavours to ensure that the Website, the Services and the Content are normally available 24 hours a day, Bundle Tech shall not be liable if for any reason the Website, the Services or the Content are unavailable at any time or for any period. A record of the Website’s response times and uptime can be found here
9.2 Access to the Website, the Services and/or the Content may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bundle Tech's control.
9.3 We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, any of the Services (including the price of them). You agree that Bundle Tech shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.
11. INTELLECTUAL PROPERTY
11.1 Nothing in these terms and conditions shall give you any Intellectual Property Rights in the Website or the Services and you hereby acknowledge that all such Intellectual Property Rights shall remain vested in Bundle Tech.
11.2 You grant to Bundle Tech an exclusive, perpetual, sub licensable licence to use the data which you provide to Bundle Tech for the purpose of improving the Services. This licence shall survive termination of these terms and conditions.
12.1 The recipient of any confidential information will not disclose that confidential information, except to employees and/or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities: (a) use such confidential information only to exercise rights and fulfil obligations under these terms and conditions, and (b) keep such confidential information confidential. The recipient may also disclose confidential information when required by law after giving reasonable notice to the discloser, such notice to be sufficient to give the discloser the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Bundle Tech has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Bundle Tech therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
13.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Duty Calculator Brand Features;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Bundle Tech is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Bundle Tech nor present any other false information about Bundle Tech;
(e) you do not otherwise use any Duty Calculator Brand Features displayed on the Website without express written permission from Bundle Tech;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
13.3 Bundle Tech expressly reserves the right to revoke the right granted in clause 13.2 for breach of these terms and to take any action it deems appropriate.
13.4 You shall fully indemnify Bundle Tech for any loss or damage suffered by Bundle Tech or any of its group companies for breach of clause 13.2.
14.1 While Bundle Tech endeavours to ensure that the Content is correct, Bundle Tech does not warrant the accuracy and completeness of the Content. Bundle Tech may make changes to the Website, the Services, the Content, or to the prices of the Services, at any time without notice.
14.2 The Website, the Services and the Content are provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bundle Tech provides you with the Website, the Services and the Content on the basis that Bundle Tech excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to the Website and the Services available from it.
15.1 You shall indemnify Bundle Tech against any loss, damages, costs or expenses which are awarded against or incurred by Bundle Tech as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to any breach by you of any of these terms and conditions or your infringement of Intellectual Property Rights.
16.1 Nothing in these terms and conditions shall exclude or limit either your or Bundle Tech’s liability for:
(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees;
(b) fraud or fraudulent misrepresentation; or
(c) breach of any implied condition as to title or quiet enjoyment.
16.2 Save to the extent that these terms and conditions state otherwise, nothing in these terms and conditions shall exclude or limit either party’s liability for breach of clause 15 (Indemnity).
16.3 Subject to clauses 16.1 and 16.2, neither you nor Bundle Tech shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms and conditions for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses;
in any case, whether or not such losses were within the contemplation of you and Bundle Tech at the date of these terms and conditions, suffered or incurred by you or Bundle Tech arising out of or in connection with the provisions of, or any matter under, these terms and conditions.
16.4 Subject to clauses 16.1, 16.2 and 16.3, each party's total liability in relation to all events or series of connected events occurring under this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the amount of revenue received by Bundle Tech from you in the twelve month period immediately prior to the first event allegedly giving rise to the liability.
16.5 If your use of material on the Website and/or the Services results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
17.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.
17.2 The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.
17.3 You may not assign or otherwise transfer your rights or delegate your obligations under these terms and conditions, in whole or in part, without the prior written consent of Bundle Tech.
17.4 Bundle Tech may sub-contract, assign, transfer or delegate any of its obligations or rights under these terms and conditions in whole or in part at its sole discretion.
17.5 These terms and conditions constitute the entire agreement between you and Bundle Tech and supersede and extinguish all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
17.6 Any notices to be sent under these terms and conditions shall be sent (if to you) by email to the email address you provide us upon registration and (if to Bundle Tech) by first-class post or a pre paid next working day delivery service which provides proof of delivery, to the address stated at the beginning of these terms and conditions.
17.7 Both you and Bundle Tech agree that we shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
17.8 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.