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GLOBAL
OPERATIONS & ADMINISTRATION LIMITED (“GOAL”)
A.
GENERAL TERMS AND CONDITIONS OF
USE OF THE GOAL E-RECLAIM WEBSITE (“THE
SITE”) AND LICENCE TERMS
1. Applicability of
these Terms
These terms (“Terms”) apply to
your use of the Site and to the licence and use by you of the GOAL e-Reclaim
Service (“the Service”). By accessing
the Site you agree to the Terms below.
2. Ownership of the
Site
The Site is owned and operated
by GOAL (“us” or “we” or “GOAL”) a company incorporated in England with
registration number 02438530 with its registered office at 69 Park Lane, Croydon CR9 1BG.
3. Intellectual
Property Rights
All intellectual property
rights in all the materials contained in or on the Site, and the products available
from the Site and the data collected
by the Site (the “Materials”) including but not limited to patents, copyright,
database right and trademarks belong to us or our licensors
The Site includes a number of trade marks
including GOAL that are owned by us. By making the trade marks available on the
Site we are not granting you any licence to use them.
4. Software
Copyright and all other
intellectual property rights in any software relating to the Site or the
Service (including the GTRS software) belongs to us or our third party
licensors and your use of such software is governed by these Terms
5. Inputting of Data
You are responsible for
ensuring that the details you input into the Site are correct and
complete. Notwithstanding any other
provision of these Terms, GOAL is not responsible for any inaccuracies or
errors in the Service or Tax Reclaim Form that may be completed as a result of
your use of this Site and/or the Service (“the Form”) due to your inaccurate or
incomplete or otherwise erroneous inputting of any data relating to the Service
6.
Refusal of Access to the Site
GOAL reserves the right to
refuse access to the Site or refuse to provide the Service, terminate the
Service during performance, or remove or edit content of the Site at any time
at our discretion without any notice or any liability to you.
7.
Access to the Site
7.1
The availability of the Site and the
Service is not guaranteed to be uninterrupted and transmissions are not
guaranteed to be error-free. Also, your
access to the Site may also be occasionally suspended or restricted to allow
for repairs, maintenance, or the introduction of new facilities or
services. We will attempt to limit the
frequency and duration of any such suspension or restriction.
7.2
By accessing the Site and using the
Service, you confirm and acknowledge that :-
7.2.1
GOAL are not providing and are not
authorised or qualified to provide, and have at no time provided, any
financial, tax, legal or other professional advice to you in connection with
the Site, the Service, the availability of tax refunds or otherwise. If you have any queries or questions relating
to your ability to reclaim tax, or in connection with your tax or accounting or
financial affairs generally, you should immediately consult your accountant,
tax adviser or other professional adviser;
7.2.2
the Service simply allows you to
calculate a potential tax reclaim application, it does not guarantee the
success or otherwise of any such reclaim, which is entirely dependent on the
applicable laws of the jurisdiction in question and/or the relevant tax
authority to which a reclaim application is made;
7.2.3
while GOAL uses its reasonable
endeavours to keep the Site updated to take into account relevant changes in
legislation, procedure or practice due to the nature of the tax legislation and
the number and fast-moving nature of changes in such tax legislation in the
jurisdictions concerned, while GOAL will use its reasonable efforts to keep the
Site and Service updated to reflect any such material changes in the jurisdictions
covered by the Service, GOAL cannot guarantee complete accuracy or the complete
up to date nature of the software, the Site and the Service. For the avoidance of doubt, we accept no
responsibility for any changes in legislation, procedure or practice that may
have a retrospective effect;
7.2.4
you are aware that the Service only
applies to certain countries. The
Service does not extend to any tax reclaim relating to or from any countries or
jurisdictions which are not covered by the Service;
7.2.5
once a tax reclaim application is
made, the relevant tax authority will have differing response periods during
which they consider and process such an application. This can range by way of example from a
number of months up to six or seven years.
GOAL have no responsibility for the processing or dealing with such tax
reclaim applications;
7.2.6
you are entirely responsible for
ensuring any application for a tax refund is made within the qualifying periods
laid down by the tax authorities or legislation of the relevant jurisdiction in
question. GOAL will not be liable to you
for any missed deadline or cut off date in any circumstance whatsoever.
7.2.7
GOAL reserves the right to change or
modify the Service or to include or exclude jurisdictions without notice
8. Links to other
Websites
The Site may contain links or
references to products, materials or websites that are provided by independent
third parties either directly or through frames. The availability of such third party material
does not constitute any form of recommendation, endorsement or publication of
such third party material by us. Any
complaints that you have about the third party material should be taken up with
the relevant third party. You may not
create a link to this Site without our prior written permission.
9. Privacy
9.1 We aim to
comply with the relevant provisions of UK data protection
legislation. Any information given to us
by you or collected by us during your use of the Site is only used in
accordance with the terms set out below
9.2 If you
have any requests concerning your personal information or any queries with
regard to these practices please contact us at info@goalereclaim.com
9.3 We are
not responsible for the data policies or procedures or the content of other
linked websites outside of GOAL.
9.4 We
collect information from users of this Site for the purpose of performing the
calculation element of the Service only, save for information you input through
this Site to Worldpay Limited. We do not
retain information after the calculation has been processed, other than
retaining the financial information (but no personal information relating to
you) for record purposes for a short period of time. Worldpay Limited may
collect and retain certain information relating to you while providing payment
services to GOAL. Worldpay’s policies in
respect of such information are set out at www.worldpay.com
. Other than this,
we do not store or capture personal information including credit card or
payment.
9.5 We process personal information collected
via this Site for the purposes of :-
9.5.1 for employees and agents of GOAL to
administer any accounts, products and services provided to you by GOAL now or
in the future;
9.5.2 if we have a duty to
do so if the law requires us to do so;
We do not sell personal information collected through this Site or
use your personal information for any other purposes than those stated above.
9.6 We
endeavour to take all reasonable steps to protect your personal
information. However, we cannot
guarantee the security of any data you disclose on-line. You accept the inherent security risks of
providing information and dealing on-line over the Internet and will not hold
us responsible for any breach of security unless this is due to our negligence
or wilful default.
9.7 We
will only disclose personal information to companies and suppliers we engage to
process data on our behalf and will only disclose such information to third
parties if we are required to do so by law.
We reserve the right to transfer any information held either to our
secure payment providers or to any purchaser of the shares or assets of GOAL
from time to time and you consent to any such transfer].
9.8 Given
that the Internet is a global environment, using the Internet to collect and
process personal data necessarily involves the transmission of data on an
international basis. Therefore, by
browsing this Site and communicating electronically with us you acknowledge and
agree to our processing of personal data in this way.
9.9 You have the right to
see personal data if any (as defined in the Data Protection Act) that we keep
about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the
information we hold on you is incorrect please contact us (see details below).
10. Use of the Site by
You
10.1 You must not
use the Site in any way that causes, or is likely to cause, the Site or access
to it to be interrupted, damaged or impaired in any way. You understand that
you and not GOAL are responsible for all electronic communications and content
sent from your computer to us and you must use the Site for lawful purposes
only.
10.2 You must not use the Site:
10.2.1 for
fraudulent purposes, or in connection with a criminal offence or other unlawful
activity; and/or
10.2.2 to
send, use or reuse any material that is illegal, offensive, abusive, indecent,
defamatory, obscene or menacing; or in breach of copyright, trademark,
confidence, privacy or any other rights; or is otherwise injurious to third
parties; or objectionable; or which consists of or contains software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings or
any “spam”
B.
CONDITIONS RELATING TO YOUR
LICENCE OF THE FORM FROM GOAL
This section deals with the
conditions relating to the licence by you of the Form from GOAL
1. The Licence
1.1
Each time you process a GOAL
e-Reclaim calculation and download the Form, you take and we grant to you a one
off, non-exclusive licence to use the Service and download the Form, in
consideration of you paying the licence fee as described on the Site.
1.2
You acknowledge that the licence
granted to you by GOAL to use the Service only enables you to process one tax
reclaim application per payment of the fee and that any further use by you of
the Service and/or any further tax reclaim application made through the Site
shall be subject to the grant by us of a further licence on payment by you of
further licence fee(s).
1.3 When you
process a tax reclaim by way of the Service and the Site we will send you an
email confirming the licensing by you of the Service and containing a pdf
version of the relevant reclaim Form (the “Confirmatory Email”).
2. Electronic communications
When
you visit the Site, use the Service or send emails to us, you are communicating
with us electronically. We communicate
with you by email or by posting notices on the Site. For contractual purposes, you consent to
receive communications from us electronically and you agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. This condition does not affect
your statutory rights.
3.
Losses/Liability
3.1
Save as set out below, GOAL will not
be responsible for any loss, claim, liability cost or expense you may incur
using the Site or the Service including any business loss (including loss of
profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other direct or indirect or consequential loss you may
suffer as a result of using this Site or the Service whether foreseeable to
both you and us when you commenced using the Site or when a contract for the
sale of goods by us to you was formed ,
or otherwise.
3.2
Notwithstanding the above, GOAL does
not limit in any way our liability by law for death or personal injury caused
by our negligence.
3.3
Without prejudice to the generality
of the foregoing, if GOAL are held to be liable to you in respect of any matter
arising out of the use of the Site or the Service, the maximum amount of GOAL’s
liability to you shall be £50 in aggregate and no claim may be brought against
GOAL after the expiry of one year from the date of the matter giving rise to the
liability hereunder.
4. Events beyond our reasonable control
We
will not be held responsible for any delay or failure to comply with our
obligations under these conditions if the delay or failure arises from any
cause which is beyond our reasonable control.
This condition does not affect your statutory rights.
5.
Payment
5.1
We may take payment of any licence
fee due to us from your card at the time you process a calculation and download
the Form and once we receive your card details.
The licence fee becomes due and owing to us at that time.
5.2
The fee you pay is the price
displayed on this Site from time to time
5.3
Payment will be made in accordance
with the payment services provided to GOAL by Worldpay Limited or by any other
secure method specified by from time to time.
5.4
All prices exclude VAT (where
applicable) at the applicable current rates.
5.5
We may charge you interest at the
rate of 3% per annum above the base rate from time to time of Barclays Bank plc
compounded monthly from due date to date of payment on any sum unpaid
hereunder.
C. OTHER MATTERS
1. Invalidity
If any provision of these
terms is found to be invalid by any court having competent jurisdiction, the
invalidity of that provision will not affect the validity of the remaining
provisions of this notice, which shall remain in full force and effect.
2. Waiver
Failure by either party to
exercise any right or remedy under these terms does not constitute a waiver of
that right or remedy.
3. Changes to the Terms
We may make changes to any
part of the Site or the Materials (including these Terms) on the Form at any
time. By using the Site after the date
of any change you are agreeing to the changes.
If you do not agree to any changes you should not use the Site after the
date of the changes that you do not accept.
4. You may not assign
You may not assign or
sub-contract any or your rights or obligations under these Terms or any related
order to any third party unless agreed in advance in writing by GOAL
5. Our right to assign
GOAL reserves the right to
transfer, assign, novate or sub-contract the benefit of any part of any of its
rights or obligations under these terms and conditions to any third party.
6. Rights of Third
Parties
These Terms do not create or
confer any rights or benefits on any person that is not a party (within the
meaning of the UK Contracts (Rights of Third Parties) Act 1999) except a person
who is a permitted successor or assignee to a party under these Terms
7. Previous Agreements
and Entire Agreement
These Terms including the
documents or other sources referred to in the Terms supersede all prior
representations understandings and agreements between you and GOAL relating to
the use of this website (including the order of Forms) and this contract is the
entire agreement and understanding between you and GOAL for your use.
8. English law to apply
These Terms
shall be governed by, and construed in accordance with, English law. English language is the only language to be
adopted for the interpretation and conclusion of the contractual relationship
between us. You agree that the Courts of
England shall have exclusive jurisdiction to settle any dispute that may arise
out of, under, or in connection with these Terms.
9. Queries Concerning the Site, the Terms
or the Contract
If you have
any queries or questions concerning these Terms, the Site or the Contract,
contact info@goalereclaim.com
We recommend you
print out a copy of these Terms for your future reference.
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