These Terms will apply to any contract between us for the sale of products to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing our products. Please note that before purchasing our products you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase products.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7.
Every time you wish to purchase products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13 May 2016.
These Terms, and any Contract between us, are only in the English language.
Our products have been written for business users and are intended for sale to business users in England and Wales only. By accepting these Terms, you confirm that you are contracting with us in the course of your business and that you are a business user, not a consumer.
1. Information about us
We operate the website www.cashflowrescue.com. We are Grid Publishing Limited, a company registered in England and Wales under company number 05812801 and have our registered office and main trading address at Tayfield House, 38 Poole Road, Westbourne, Bournemouth, BH4 9DW. Our VAT number is 108 5530 29.
You may contact us by telephoning our customer service team on 01202 901353 or by e-mailing us at [email protected]
Our products are described in detail on our site.
We endeavour to ensure the information provided is as comprehensive and up to date as possible. Updates may provided via our blog or any other means we deem appropriate, for example via email, however we are under no obligation to keep the information updated or complete.
The information is general in nature and may not be appropriate or applicable for your specific circumstances. It is not, and is not intended to be a replacement for taking professional advice. If you are in any doubt about whether or not to take or refrain from a particular action you should seek professional advice.
Our products do not guarantee, warrant, represent, suggest or imply that you will recover any unpaid invoices, speed up any late payments, eliminate bad debts from your business or have any success in any legal action you take. Nor do they guarantee, warrant, represent, suggest or imply that you will have any form of business success, or make any profits or savings.
Where we advertise “lifetime” access to a product, this means the lifetime of the product – not a human or business lifetime. We will make products available for as long as reasonably possible but reserve the right to withdraw them at any time. For example, if a new procedure was introduced for recovering an unpaid invoice so Cash Flow Rescue was no longer relevant we reserve the right to withdraw it.
We also reserve the right to change the format of the product, for example by making it downloadable so you can keep a copy of the product on your own systems for “life”. We will give you reasonable notice if we intend to do this.
If you do not access a product for a period of one year, we reserve the right to terminate your access to it
3. Use of our site
When you purchase our products you will be given access to the members’ area of the site in order to watch the videos and download the resources. The videos on the site are for streaming online only. They must not be downloaded or copied for viewing off-line. You may download copies of the forms, letters and documents for your own use.
We do not guarantee that products will be available 24/7/365. The site may be unavailable for reasons beyond or our control or we may temporarily suspend access to the site, for example for essential maintenance work. Where we need to carry out essential maintenance work we will use all reasonable endeavours to keep disruption to a minimum.
4. How we use your personal information
5. Subscribing on behalf of a business
You confirm that you have authority to bind any business on whose behalf you use our site to subscribe to products.
These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
We both agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. How the contract is formed between you and us
When you purchase our products you will be provided with a user name and password to access the members’ area of our site. Your username and password are strictly confidential and should not be shared with anyone else.
When you subscribe to products you are granted a single user licence. Products are not to be used by multiple people within an organisation without our consent. Please contact us at [email protected] if additional licences are required.
A contract is formed and a limited, non-transferable, single user licence of products is granted to you when payment is made for our products.
The Contract and your licence to use products shall be automatically terminated or may be terminated by us, and your access to products shall be withdrawn if:
(a) you fail to make any payments due to us;
(b) you breach the terms of the licence; and/or
(c) we give reasonable notice of termination.
Where we offer a product by way of a subscription service it is your responsibility to manage the subscription. The subscription will keep automatically renewing until you cancel it.
You may terminate any subscription to Cash Flow Rescue or other products at any time by sending notice to us at [email protected] or simply stopping the payments due. We may provide a cancelation option within the members’ area of the website but are under no obligation to do so.
If you terminate your subscription you will not be entitled to any refund of any payments paid to us, unless you cancel your subscription during the guarantee period. Your access to products shall be withdrawn on termination of this agreement.
All products come with a 30 day money back guarantee. You can receive a full money back guarantee at any time by emailing [email protected] and quoting your name and order number. The email must be received by us within 30 days of the contract being formed. We shall endeavour to process the refund within 10 working days of your request. When your refund has been made, your licence of products and access to www.cashflowrescue.com shall be terminated.
If you purchase a book and wish to claim a refund of the purchase price, email [email protected] attaching a copy of your receipt. The email claiming the refund must be received by us within 30 days of you making the purchase. We shall endeavour to process the refund within 10 working days of your request.
7. Our right to vary these Terms
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you access products you are agreeing to be bound by the latest version of these Terms.
8. Price of products
The price for products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the price of products is correct at the time when the relevant information was entered onto the system.
The prices of products may change from time to time, but changes will not affect any order you have already placed.
The price of products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
9. How to pay
You can only pay for products using a debit card or credit card.
Payment for products is in advance.
10. Our liability to you
We only supply products for internal use by your business, and you agree not to use products for any resale or promotional purposes or to teach from the materials provided within it. If you wish to resell products, please contact us for details of our affiliate scheme.
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
Subject to clause 10.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you have paid for the most expensive product of ours you have purchased.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that products are suitable for your purposes.
11. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
12. Communications between us
When we refer, in these Terms, to "in writing", this will include e-mail.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 11.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).