Terms and Conditions

These terms set out the basis for the use of our website www.modernaccountant.co.uk. 

Please read these terms of website use (the Terms) carefully before you start to use our site. 

You are granted access to our site in return for you agreeing to these Terms. 

By using our site, you indicate that you accept these Terms and our Privacy Policy and that you agree to abide by them. If you do not agree to these Terms or our Privacy Policy, please refrain from using our site.

Use and access to our website does not itself create professional relationship between you and The Modern Accountant Ltd and where some arrangement does exist it will be governed by a separate letter of engagement.

  1. Information about us
    • Our site is operated by The Modern Accountant Ltd, Suite 30, 15A Market Street,Telford, TF2 6EL (TMA, we or us). 
    • We are a company registered in England and Wales with company number 07860874
  2. Accessing our site and registration
    • Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
    • You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
  3. Intellectual property rights
    • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on them. All such rights are reserved. Except as set out in these Terms, you must not copy any material on our site.
    • You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text otherwise than with express written authorisation.
    • Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
    • You must not use any part of the materials on our site for commercial purposes without obtaining a written licence to do so from us or our licensors.
    • If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  4. Reliance on information posted
    • Commentary, information and other materials posted on our site are not intended to amount to advice on which reliance should be placed. Whilst we try to ensure all content on our site is accurate at the date of publication no warranties or representations are given to its accuracy, completeness, reliability, suitability or quality.  Content may be subsequently updated or superseded and we give no guarantee that content will be updated after the date of publication.  As such, we accept no responsibility for the accuracy, completeness, reliability, suitability or qualify of any content on our site to the fullest extent permitted by law.
  5. Our site changes regularly
    • We aim to update our site regularly, and may change the content of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
  6. Our liability and indemnity
    • To the extent permitted by law we hereby expressly exclude:
      • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
      • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any website linked to it and any materials posted on it, including, without limitation any liability for:
        • loss of income or revenue;
        • loss of business;
        • loss of profits or contracts;
        • loss of anticipated savings;
        • loss of data;
        • loss of goodwill;
        • wasted management or office time; and
        • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
      • Nothing in these Terms limits 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.
  7. Information about you and your visits to our site
    • We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  8. Prohibited uses
    • You may use our site only for lawful purposes. You may not use our site:
      • in any way that breaches any applicable local, national or international law or regulation;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • for the purpose of harming or attempting to harm minors in any way;
      • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
      • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      • to copy, extract or process data about private users;
      • knowingly to transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You also agree not to access without authority, interfere with, damage or disrupt:
      • any part of our site;
      • any equipment or network on which our site is stored;
      • any software used in the provision of our site; or
      • any equipment or network or software owned or used by any third party.
  9. Interactive services and software
    • We may from time to time provide interactive services on our site, including, without limitation, review postings, chat rooms, bulletin boards, network facilities, instant messaging, groups, blogs, in-site email (interactive services).
    • Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
    • Our site will set out any rules applicable to specific interactive services. You must comply with these rules. Where there is a conflict between such rules and these Terms, these Terms shall take priority. We reserve the right to change such rules from time to time.
    • We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
    • Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
    • We may also provide software to be downloaded from our site or from third party site, such as a toolbar or an iPhone app. Any use by you of such software must be in accordance with any end user licence agreement accompanying the software. In the absence of any written end user licence agreement, you are granted a personal one-user, non-exclusive, limited, revocable licence in such software which you are not permitted to transfer or sub-licence. This licence is revocable by us at any time by giving you notice or by placing a written notice on our site, following which you must cease use of the software immediately and delete any copies in your possession. You are not entitled to edit, reverse engineer or decompile the software or make it available to others. The software is provided “as is” with no warranties.
  10. Content standards
    • These content standards apply to any and all material which you input or contribute to our site (contributions), and to any interactive services associated with it.
    • You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
    • Contributions must:
      • be accurate (where they state facts);
      • be genuinely held (where they state opinions);
      • comply with applicable law in the UK and in any country from which they are posted;
      • in the case of a review of a service or provider, relate to a genuine experience and not relate to a service with whom you have a material commercial relationship.
    • Contributions must not:
      • contain any material which is defamatory of any person;
      • contain any material which is obscene, offensive, hateful or inflammatory;
      • promote sexually explicit material;
      • promote violence;
      • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • infringe any other person’s intellectual property, including copyright, database right or trade mark;
      • be likely to deceive any person;
      • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      • promote any illegal activity;
      • be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
      • be likely to harass, upset, embarrass, alarm or annoy any other person;
      • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      • give the impression that they emanate from us, if this is not the case;
      • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  11. Suspension and termination
    • We will determine, in our discretion, whether there has been a breach of these Terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
    • Failure to comply with the Terms upon which you are permitted to use our site may result in our taking all or any of the following actions:
      • immediate, temporary or permanent withdrawal of your right to use our site;
      • immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
      • issue of a warning to you;
      • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      • further legal action against you;
      • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
      • We exclude liability for actions taken in response to breaches of these Terms. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
  12. Hacking and other offences
    • You must not attempt to gain unauthorised access to our site, the server on which our site are stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
    • By breaching this provision, you would commit a 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 our site will cease immediately.
    • 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 our site or to your downloading of any material posted on them, or on any website linked to them.
  13. “Linking” and “crawling”
    • You may link to our home page, 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. You will not remove or interfere with the display on any website, in any graphic or in other material of the The Modern Accountant LTD name or logo or any of our trade names or branding or intellectual property notices.
    • You must not establish a link from any website that is not owned by you.
    • We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
    • You must not (nor allow others to) use software or other means to “crawl” or “spider” or “data mine” or “trawl” or “screen scrape” any pages contained in our site, nor automatically monitor or copy pages from the site otherwise than as expressly permitted in these Terms.
    • Except as expressly agreed in writing in advance, you must not extract information, images, graphics, video, text or other data from this website for use on any other website or in any advertising.
    • Where our site contains links to other sites 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.  We cannot be responsible for any content of such site or for their privacy policies or terms of use. We do not endorse or recommend these sites.
  14.  Waiver
    • If we fail, at any time during the term of the agreement, to insist upon strict performance of any of your obligations under the agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    • A waiver by us of any default shall not constitute a waiver of any subsequent default.
    • No waiver by us 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.
  15. Entire agreement
    • These Terms and the documents and other written material referred to in them constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
    • Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
  16. Severance
    • If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
  17. Third party rights
    • A person who is not a party to this agreement shall not have any rights under or in connection with it.
  18. Jurisdiction and applicable law
    • This agreement will be governed by English law. Any dispute arising from, or related to, this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  19.  Variations
    • 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 from the date we publish them. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our site.
  20. Your concerns
    • If you have any concerns or complaints about material which appears on our site, please contact info@modernaccountant.co.uk