Terms of Use

When using the services of Giles Morris Limited ("GML") via this website you agree to be bound by the terms and conditions listed on this page (the "Terms of Service"), which may be updated by us from time to time.

By using this website you are confirming that you have read and understood this Agreement and agree to be bound by the Terms herein.

Service Agreement

This Service Agreement (the "Agreement") is between GML Limited and YOU the person acknowledging this Agreement ("the Member").

1. Provision of Service

GML Limited agrees to provide the Member access to the online services (the "Service") that will allow the storage, processing and retrieval of data (the "Data") submitted by the Member under the Terms of Service set forth in this Agreement.

GML Limited may change the Service from time to time provided that notice of any such change or changes is posted on the GML website for review by the Member.

2. Fees and Charges

The GML website is free to use but Members may opt to pay for certain services and in such cases all accounts are billed in advance. All pricing is guaranteed for the term of pre-payment. GML Limited reserves the right to change prices at any time. Payment is due monthly from the date the account was established. Any account not brought current within a week of email notice that payment is outstanding is subject to suspension. The Member is responsible for all money owed on the account from the time it was established to the time that the Member notifies GML Limited in writing for a request for termination of services. Cheques returned unpaid will be assessed a GBP10 charge. All payment is in GBP currency.

3. Cancellation

GML Limited reserves the right to cancel the Service at any time. Customers can cancel the Service with thirty (30) days advance written note. Due to security concerns, all account cancellations must be done in writing via UK mail, fax or email (using the email address used by the Member to log in to the Service) stating the Contact Name, Company Name and reason for cancellation.

4. Data and Content

GML Limited is not responsible for the Data, or any of the content (the "Content") of the Member account. GML Limited does not verify, endorse or otherwise vouch for the completeness, accuracy or validity of any Content. Members may be held legally liable for the Content of their account and may be held legally accountable if their Content includes, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the express permission of the author or owner.

5. Security

GML Limited agrees to exercise reasonable care to prevent any unauthorised person or entity from gaining access to the Data. Both parties agree to promptly notify the other of any unauthorised access to or use of Data or passwords. Both parties agree to use all reasonable efforts to take remedial measures to rectify any such unauthorised access. GML Limited shall not be liable for any damages incurred by the Member in connection with any unauthorised access to or disclosure of Data resulting from the actions of the Member or any third party, or from the failure of electronic or other security measures.

6. Cookies

Cookies are small pieces of information that are sent to your browser - along with a web page - when you access a website.

There are two kinds of cookies, stored cookies and "per-session" cookies.

Stored cookies make web-surfing easier for you by, for example, saving your password so that you do not need to login to a website each time you visit it. A stored cookie can also, for example, save your browsing preferences so that the next time you visit a particular website the webpage content is tailored for you by the stored cookie telling the webpage what it is that you prefer.

A stored cookie is saved by your browser as a line of text to a file on your hard drive. Depending on your browser settings, you may receive notification that a given site is requesting cookie information. Stored cookies have an expiration date.

A "per-session" cookie, on the other hand, is a line of text that is stored temporarily in your computer's memory or RAM. Because a per-session cookie is never written to a hard drive, it is destroyed as soon as you close your browser window. Per-session cookies have no date associated with them, and usually expire after, say, twenty minutes of browser inactivity.

7. Use of Cookies

This website uses "per-session" cookies only, to allow you to login in to password protected webpages in this website.

A "per-session" cookie is created when you first login to a password protected webpage on this website and tells the web server to allow you to access other password protected webpages without having to login again each time. If your browser settings do not allow "per-session" cookies then you will not be able to login to password protected webpages.

To use this website, you do not need to have all cookies enabled in your browser. However, to login you must have the following browser settings enabled:

  • Netscape - "Accept only cookies that get sent back to the originating server"
  • Internet Explorer - "Allow per-session cookies (not stored)"

8. Digital Signatures

This website makes use of digital signatures to sign online documents, as defined in the Electronic Transactions Act 2000.

Your email address is your unique username incorporated into this website and you certify that your username is used only by you.

Your password, that you certify is known only to you, is used to confirm your username when you access certain password protected webpages in this website.

You will only be allowed to access password protected webpages in this website if you submit your username and matching password when requested to do so. This is the process of logging in.

Logging in to this website in this manner uniquely identifies you to GML Limited and you certify that this is your digital signature used on this website.

9. Electronically Signing Documents

You may be asked to electronically sign documents presented to you by password protected webpages in this website.

You agree that your digital signature is provided by you by the action of logging in to the password protected webpages.

To electonically sign a document there will be a statement explaining how to apply your digital signature to the document by the action of clicking a specified button on the document.

You agree that by clicking such a button you are signing the document using your digital signature.

10. Disclaimer/Limitation of Liability

GML Limited will not be responsible for any damages your business may suffer arising from or relating to your use of the Service. GML Limited makes no warranties of any kind, expressed or implied for the Service. GML Limited disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, GML Limited shall not be liable for any loss of data resulting from delays, non delivery, wrong delivery, or any and all Service interruptions caused by GML Limited or its employees.

Without limiting the foregoing, GML Limited shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.

Notwithstanding any other term or provision of this Agreement, GML Limited's liability to you or your business for any cause whatsoever, whether arising under this Agreement or otherwise, shall be limited to the amount paid by you to GML Limited under this Agreement within the one year preceding the event (or last in a series of events) which gave rise to the claim. Direct damages subject to this limit shall be your sole and exclusive remedy. All claims for damages must be asserted within one year of the event (or last in a series of events) to which they relate or be forever barred.

The provisions set forth above allocate the risks under this Agreement between the parties. GML Limited's Fees and Charges reflects the allocation of risk and limitation on liability specified herein. You agree that this allocation and limitation are not unconscionable or unenforceable.

11. Indemnification.

The Member agrees to indemnify, defend and hold harmless GML Limited, its affiliates, officers, directors, employees, consultants and agents from any and all losses, claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the Member's use of the service, the Member's violation of the Terms of Service or the Member's infringement, or infringement by any other user of the Member's account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of GML Limiteds successors, assigns and licensees.

12. Interruption of Service

The Service may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and/or other similar activities necessary during the operation and upgrade of the Service. No reduction of payments will be made in the case of temporary interruption of the Service. In no event shall GML Limited be liable for any damages due to temporary interruption of the Service. GML Limited will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by acts of God, fire, water, riots, acts of Government or any other causes beyond the control of GML. The Member will access the Service over the public Internet and therefore temporary disruptions of network connectivity and interruption or delays in transmission may occur from time to time. GML Limited will not be liable for such interruption or delays, errors, defects or failure of transmission.

13. Headings

The headings contained in this Agreement are for convenience of reference only and shall not affect its construction.

14. Severability

In the event that any terms contained in this Agreement are determined to be invalid or unenforceable to any extent, such terms shall be severed from the body of this Agreement which shall continue to be valid and enforceable to the fullest extent permitted by law.

15. Governing Law

The parties hereby agree that this Agreement shall be construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

16. Waiver

No delay or failure by the party in enforcing against the other party any term or condition of this Agreement and no partial or variation exercise by either party of any rights hereunder shall be deemed to be a waiver of any right of that party under this Agreement.

17. Disputes

If there is any dispute between the parties relating to any of the arrangements set out in this Agreement it shall be referred to such independent third party (the "Third Party") as the parties shall jointly nominate. If the parties fail to nominate or agree on a Third Party within 28 days of the date of occurrence of the dispute in question, then a Third Party shall be nominated at the request of either GML Limited or the Member by the Institute of Chartered Accountants in England and Wales. This Clause does not remove any legal rights of a party to seek resolution of any dispute through the English Courts.

18. Entire Agreement

This Agreement constitutes the whole and only agreement between the parties relating to the Service and, save to the extent repeated in this Agreement, supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating thereto.

19. Acceptance

By using this website you are confirming that you have read and understood this Agreement and agree to be bound by the Terms herein.