Important notice: please read carefully before using the website.
This terms of use agreement (the “Terms of Use” or the “agreement”) (together with the documents referred to in it) is a legal agreement between you and MyGabriel Ltd of 5 Cromwell Court, Oldham OL1 1ET (“MyGabriel”, “us” or “we”) for the use of this website: https://www.gosimplebooks.co.uk (the “Website”). This Website requires a reasonably modern browser such as Internet Explorer version 9 or newer, Google Chrome, Safari or Mozilla Firefox. By using the Website or clicking on the “accept” button below you agree to the terms of this agreement which will bind you. If you do not agree to the terms of this agreement, please refrain from using our Website.
1. ACCESSING THE WEBSITE
1.1 In consideration of you agreeing to abide by the terms of this agreement, we hereby grant to you a non-exclusive, non-transferable licence to use the Website on the terms of this agreement.
1.2 Access to the Website is permitted on a temporary basis for your private purposes only and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
1.3 From time to time, we may restrict access to some parts of the Website, or our entire site, to users who have registered with us.
1.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
1.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
1.6 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
1.7 If you breach clause 1.6, you will be committing criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
1.8 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
2. LINKING TO THE WEBSITE
2.1 You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2.2 Subject to clause 2.1, you must not establish a link from any website that is not owned by you.
2.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
2.4 If you wish to make any use of material on the Website other than that set out above, please address your request to mail@gosimplebooks.co.uk
3. LINKS FROM THE WEBSITE
3.1 Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
4. OUR WEBSITE CHANGES REGULARLY
4.1 We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
5. YOUR INDEMNITIES AND UNDERTAKINGS
5.1 Except as expressly set out in this agreement or as permitted by any local law, you undertake: (a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website or your access to the Website; (b) not to make alterations to, or modifications of, the whole or any part of the Website nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs or websites; (c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website. (d) to include the copyright notice of MyGabriel on all entire and partial copies of the Website in any form; or (e) not to provide, or otherwise make available, the Website in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from MyGabriel.
5.2 You agree that when using the Website you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to: (a) use the Website in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) tax fraud; or (b) attempt to gain unauthorised access to the Website or any networks, servers or computer systems connected to the Website.
5.3 You agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which MyGabriel suffer or incur directly or indirectly as a result of your use of the Website otherwise than in accordance with this agreement or any applicable laws, including (without limitation) providing MyGabriel with false, inaccurate or misleading information.
5.4 You warrant to us that all the information you provide to MyGabriel is true and accurate to the best of your knowledge.
5.5 By accepting these Terms and Conditions, you agree to receive automated and regular email communications. These email communications will contain relevant information pertinent to software usage. You may opt-out of these email communications at any time by logging into your software account and selecting opt-out, or you can click the unsubscribe option at the footer of any email communications.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that we are the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 The trade marks, service marks, and logos (“Trade Marks”) contained on or on the Website are owned by MyGabriel, our group companies or third party partners of MyGabriel. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of MyGabriel, the relevant group company or the relevant third party partner of MyGabriel.
6.3 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
6.4 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
6.5 If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. NO WARRANTY
7.1 You acknowledge that the Website has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements.
7.2 You acknowledge that the Website may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of these Terms of Use.
7.3 Use of the Website is at your own risk. The Website is provided on an “as is” basis. MyGabriel does not warrant or guarantee that the Website and all or part of its contents will be always available or that its use will not be interrupted.
8. HMRC REQUIREMENTS
8.1 You acknowledge that Her Majesty’s Revenue and Customs (“HMRC”) may require certain information to be provided in a paper form. It is your responsibility to ensure you comply with this any all other HMRC requirements. MyGabriel accepts no liability for failure to comply with any HMRC requirements.
8.2 You must ensure all information sent to HMRC is proper and complete. If for any reason HMRC cannot view the contents of the attachments, or they are not proper and complete, the obligation to make a return may not be satisfied. MyGabriel accepts no liability if information is not proper and complete through the fault of you.
8.3 You acknowledge it is your responsibility to ensure that any tax return is submitted and received by HMRC, on or before the due date. While MyGabriel make all commercially reasonable efforts to ensure tax returns are submitted quickly, we accept no liability for tax returns which are not received by HMRC or are received after the due date.
8.4 You acknowledge it is your responsibility to ensure that payment is received by HMRC, and has cleared in to the HMRC account, on or before the due date. Failure to do so may result in interest and/or a surcharge to which MyGabriel shall not be liable.
8.5 You acknowledge that by submitting information to HMRC, your details may also be stored on HMRC systems and will be governed by the HMRC privacy policy. You understand that MyGabriel has no control over HMRC policies.
8.6 You acknowledge that in order to submit tax returns to HMRC, verify your identity and authenticate the information provided to HMRC you must provide to us the relevant passwords, ID numbers, other special access features provided to you by HMRC, or other form of identity verification.
8.7 You acknowledge that by registering and using us, MyGabriel may act as an HMRC tax agent to submit your tax return to HMRC on your behalf.
9. RELIANCE ON INFORMATION POSTED
9.1 You acknowledge that commentary and all other materials available on the Website are not intended to amount to tax, financial, legal or any other type of advice. MyGabriel disclaims all liability and responsibility whatsoever arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. To avoid any doubt, MyGabriel is not qualified to provide tax, financial, legal or any other type of professional advice.
10. MYGABRIELS’S LIABILITY
10.1 This clause sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of: (a) any breach of this agreement however arising; (b) any use made of the Website by you, or of any product or service offered by MyGabriel on the Website; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement
10.2 Nothing in this agreement shall limit or exclude the liability of either party for: (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (d) breach of section 2 of the Consumer Protection Act 1987; or (e) the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.
10.3 Without prejudice to clause 10.2, and to the maximum extent permitted by law: (a) MyGabriel disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the use of the Website; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between MyGabriel and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Website; or any damage or injury to users or their equipment as a result of or relating to their use of the Website. Your statutory rights are not affected.
10.4 Subject to clause 10.2 and clause 10.3, MyGabriel’s maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £50.
10.5 This agreement sets out the full extent of MyGabriel’s obligations and liabilities in respect of the Website and the supply of the services through the Website. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on MyGabriel except as specifically stated in this agreement. Any condition, warranty, representation or other term concerning the Website which might otherwise be implied into, or incorporated in, this agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
10.6 MyGabriel makes every attempt to ensure the accuracy and reliability of the information contained on the Website but this information should not be relied upon as a substitute for formal advice from HMRC. The materials contained on the Website are provided for general information only and do not constitute any form of advice.
10.7 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. (b) Any liability caused to you as a result of a tax investigation by HMRC or any other legal or tax authority. (c) Any liability incurred by any user in connection with any missed deadline imposed by HMRC or any other legal or tax authority. (d) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.8 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. PRIVACY POLICY
11.1 We take your privacy very seriously. We will only use your personal information in accordance with the terms of our privacy policy. By using the Website you acknowledge and agree that you have read and accept the terms of our privacy policy on the MyGabriel website and, in accordance with clause 5.4, you warrant that all data provided by you is accurate.
12. THIRD PARTIES
12.1 The Website may contain links to websites operated by third parties (“Third Party Websites”). We may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, we do not have any influence or control over any such Third Party Websites and, unless otherwise stated, we are not responsible for and do not endorse any Third Party Websites or their availability or contents.
12.2 We accept no responsibility for adverts contained on the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser, not MyGabriel, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
13. EVENTS OUTSIDE MYGABRIEL’S CONTROL
13.1 MyGabriel will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this agreement or in your use of the Website that is caused by an event outside our reasonable control.
13.2 You acknowledge that MyGabriel has no control over tax or legal investigations by HMRC or any other legal or tax authority.
14. TERMINATION
14.1 The Subscription Agreement shall continue for an initial contract period of twelve (12) Months and shall continue thereafter on a rolling twelve monthly contract basis, unless and until terminated by either party by providing the other with ninety (90) days written notice in advance of the annual renewal date
14.2 Upon termination for any reason: (a) all rights granted to you under this agreement shall cease; (b) you must cease all activities authorised by this agreement; and (c) you must immediately delete your account and cease using the Website and certify to us that you have done so.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 This agreement is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
15.3 MyGabriel may transfer, assign, charge, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time during the term of the agreement.
16. NOTICES
All notices given by you must be given to MyGabriel at mail@gosimplebooks.co.uk. MyGabriel may give notice to you at either the e-mail or postal address you provided when registering for the Website. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
17. WAIVER
17.1 If MyGabriel fails, at any time during the term of this agreement, to insist on strict performance of any of your obligations under this agreement, or if MyGabriel fails to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by MyGabriel of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by MyGabriel of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. SEVERABILITY
If any of the terms of this agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. VARIATIONS
19.1 We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Nonetheless we will notify you if there are any changes to this agreement.
20. ENTIRE AGREEMENT
20.1 This agreement and any document expressly referred to in it constitute the entire agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the Website.
20.2 We each acknowledge that, in entering into this agreement (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to this Licence or not) other than as expressly set out in this document or the documents referred to in it.
20.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in this agreement.
20.4 Nothing in this clause shall limit or exclude any liability for fraud.
21. LAW AND JURISDICTION
This agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the exclusive jurisdiction of the English courts.
22. YOUR CONCERNS
22.1 If you have any concerns about material which appears on the Website, please contact mail@gosimplebooks.co.uk.