Terms and Conditions
Global Private Solutions Limited (also trading as "GPS” and “FOS")
1. ABOUT THESE TERMS AND CONDITIONS
1.1 These terms and conditions and the documents referred to in them (the " Terms and Conditions ") set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law.
1.2 In these Terms and Conditions, "We", "us" or "our" means Global Private Solutions Limited, a company incorporated and registered in England and Wales (registered number 08134425) and having its registered office at Palladium House, 1-4 Argyll Street, London W1F 7LD, and "You" or "your" means the person using our Site (defined below).
1.3 These are the terms and conditions which apply to your use of our website at www.globalprivatesolutions.com (the "Site"). If you use our Site you agree to be legally bound by these Terms and Conditions. You should read these Terms and Conditions carefully before using our Site and should not use our Site unless you accept these Terms and Conditions. When using our Site for the first time, you will be asked to confirm that you accept these Terms and Conditions by clicking the ‘Agree’ button. Each time you subsequently access the Site using your User Account (defined below) and Login Details (defined below), you confirm your continued acceptance of these Terms and Conditions, which form a binding agreement between you and us.
1.4 When using our Site, you also agree to be legally bound by:
1.4.2 if you create a User Account (defined below) and/or purchase any of the services which we make available to customers, from time to time, including (without limitation) consultancy services or subscription to our expenditure analysis software service known as Global Private Solutions (together, the " Software and the Services"), these Terms and Conditions shall be applicable to the Software and the Services;
1.4.3 any additional terms which may add to, or replace some of, these Terms and Conditions or any documents referred to in these Terms and Conditions. This may happen to enable us to comply with changes to applicable legislation, regulatory requirements or industry standards in relation to the Site or to enable us to modify the way in which we provide the Site to you (provided that this does not materially adversely impact the Site delivered to you). Please check these pages from time to time to take notice of any changes we make, as they are binding on you.
1.5 If you don't understand any of these Terms and Conditions and want to ask us about them or if you would like to contact us about any other aspect of our Site, please contact us by:
1.5.1 email: firstname.lastname@example.org ( emails will be responded to Monday to Friday between
1.5.2 : 9.30am to 5.30pm); and
1.5.3 telephone: +44 207 078 7296 ( Monday to Friday: 9.30am to 5.30pm).
2. INFORMATION ABOUT THE SITE, THE SOFTWARE AND THE SERVICES
2.1 Information Provided on Our Site
2.1.1 We try to make sure that all information on the Site, including descriptions of the Software and the Services and the fees applicable to the same, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected you we will try to let you know.
2.2 Availability of the Site
2.2.1 We shall use commercially reasonable endeavours to make the Site available, except for routine and emergency maintenance. However, access to the Site is not guaranteed. From time to time we may withdraw or amend any of the content and Site. We will not be liable if the Site or any content is unavailable at any time for any reason. From time to time, we may restrict access to some parts of the Site, or the entire Site, including to users who have registered with us.
2.2.2 You are responsible for making all arrangements necessary for you to have access to the Site (for example ensuring you have an available internet connection).
2.2.3 You acknowledge that the availability of the Site is dependent upon other people (third parties). We will try to ensure that the Site is available to you at all times, though we can't promise that the Site will always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Site). These events are outside of our control.
2.3 Site links
2.3.1 Our Site may contain links to other websites provided by independent third parties. We make no representations whatsoever concerning the content of those websites and the fact that we have provided a link to a particular website is not an endorsement by us of such site, its owners or its providers. We assume no responsibility for the content of independent third party websites linked on our Site. We will not be liable for any loss or damage that may arise from your use of them.
3. YOUR OBLIGATIONS
3.1 Acceptable use of the Site
3.1.1 You may use our Site only for lawful purposes. You may not use our Site:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(d) to knowingly 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.
3.1.2 You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the underlying code for the Site or any content made available on our Site ("Site Materials"); (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Site Materials; (iii) create derivative works from the Site Materials; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site Materials; (v) make alterations to, or modifications of, the Site Materials, or permit the Site Materials to be combined with, or become incorporated in, any other programs.
3.1.3 If you breach any of your obligations under Clauses 3.1.1 or 3.1.2 , then we shall be entitled to suspend your User Account with immediate effect. We shall notify you of such suspension and (unless prevented by law or the order of a court) shall provide you with the reasons for such suspension.
3.2 Your User Log-in
3.2.1 If you become a registered user of the Site and create an account with us ("User Account"), you will require a valid email address and will be asked to enter a username, password and any other piece of information we deem necessary as part of our security procedures ("Login Details").
3.2.2 You must provide us with any other details we collect from you at registration, so that we can administer your User Account.
3.2.3 It is your responsibility to ensure that your Login Details and all other details in relation to your account remain confidential at all times and you should not share your Login Details with anyone else. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your User Account is at risk.
4. ISSUES WITH THE SITE
4.1 When we supply the Site to you:
4.1.1 we will use reasonable skill and care and comply with all applicable laws and regulations;
4.1.2 we will use all reasonable efforts to ensure that the Site and is free from defects, viruses and other malicious content;
4.1.3 we do not promise that the Site is compatible with any third party software or equipment except where we have said that they are in the guide to their use or on our Site; and
4.1.4 you acknowledge that there may be minor errors or bugs in the Site.
4.2 For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content.
4.3 We are not responsible for preventing or detecting any fraud in relation to the Site.
4.4 If you have any issues with the Site, please contact us at email@example.com and we will do our best to help you.
5. PROPRIETARY RIGHTS AND LICENCE
5.1 All trade marks, copyright, database rights and other intellectual property rights of any nature in the Site (including its appearance and branding), together with the underlying software code, are owned by us or our licensors. We may also use open source software code in the Site.
5.2 We grant you a revocable right to use the Site in accordance with these Terms and Conditions.
6. DATA PROTECTION
6.2 We may need to share information about you with certain third party service providers who help us to deliver the Site to you (for example third party technology companies who may provide elements of the Site's functionality). Third party service providers will only use your information to help provide the Site; they will not market to you. By using the Site, you agree to grant us and our third party service providers, a non-exclusive, perpetual, irrevocable, royalty free, transferable and worldwide licence to use any information, materials, data and other content that you provide via your User Account (the "Content"). We and the third party service providers may use, modify, display, distribute and create derivative materials using the Content for the purpose of providing the Site to you.
6.3 By using the Site and setting up a User Account, you consent to us:
6.3.1 collecting and using information about your usage of our Site on an anonymised basis in order to identify trends on usage and improve our products and to provide further services to you (including sharing such data to our third party partners to enable them to do the same); and
6.3.2 providing information to you on similar products or services offered by us that you might be interested in. You have a right to opt out of these communications by contacting info@globalprivate solutions.com.
7. LIMIT ON OUR RESPONSIBILITY TO YOU
7.1 The Site has not been developed to meet your individual circumstances. It is your responsibility to ensure that the Site meets your needs. We have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment or software as a result of the use of our Site.
7.2 The information which we provide via the Site is for the purposes of information only and does not include the provision of any advice. We do not provide or offer any financial, investment, legal or tax advice in connection with the services we provide, and nothing in our Site or in our communications with you should be regarded as any recommendation or advice provided by us. Similarly, any report which is generated through the use of our Site does not constitute the provision of financial, investment, legal or tax advice and any decisions you make in relation to your investments after the receipt of such a report are therefore solely your responsibility. You should not rely on information, content or materials on the Site as the sole basis for making a financial decision. You should use your own judgment, and seek professional advice if appropriate. Accordingly, you agree that we are not responsible or liable to you for:
7.2.1 any action (or inaction) resulting from use of or reliance on any information, content and materials displayed on the Site (or any loss or damage you suffer as a result);
7.2.2 third party sites or services linked to or accessed from the Site (or your use of, or reliance on, those third party sites or services); or
7.2.3 any dealings you have with third parties through the Site.
7.3 Except for any legal responsibility that we have under Clause 7.4 , we are not legally responsible for:
(a) losses that:
(i) were not foreseeable to you and us when you access and use our Site; or
(ii) that were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers.
7.4 Nothing shall exclude or limit our liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or if we deliberately breach these Terms and Conditions in a major way that is designed to harm you, or for any other liability which cannot be excluded or limited under applicable law.
7.5 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the Site. We do not warrant that the information, content or materials displayed on the Site are accurate, sufficient or error-free, nor that the information displayed on the Site is, when accessed by you, up-to-date or complete.
8. GENERAL TERMS
8.1 If you are unhappy with the Site, our service to you, or any other matter, please notify us at firstname.lastname@example.org and include the following information: your name, telephone number and a description of your complaint if possible. We will attempt to resolve the matter quickly and efficiently using our internal complaint handling procedure.
8.2 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not reduce your rights against us or our obligations. You may not transfer your rights or obligations to another person.
8.3 If we fail to insist that you perform any of your obligations, 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. Any waiver of our rights would need to be given by us in writing.
8.4 Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.5 These Terms and Conditions are not intended to confer a benefit on, or be enforceable by, any person who is not a party to these Terms and Conditions.
8.6 We may use third party suppliers to support us in providing the Site. We will take reasonable care in selecting our suppliers so as to protect your security.
8.7 Please note that these Terms and Conditions, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
8.8 These Terms and Conditions are drawn up in the English language. All written communications between you and us relating to these Terms and Conditions are to be in English.