These Terms and Conditions (the “Terms“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”, “Your”) and VATIT Group Limited (Registration No. 170180 GBC) t/a WTax; (“We“, “Us“, “Our“, “WTax“)concerning Your access to and use of the information on this website, and/or any website, application or channel related, linked, or otherwise connected thereto (“Website“), in order to provide You with a breakdown of Your potential withholding tax capabilities and reclaim opportunities going forward (“Service/s”). “Use” of the Website includes accessing, viewing, downloading any content from and browsing the Website.
You agree that by accessing the Website, You have read, understood, and agree to be bound by all the terms and conditions (“Terms”) herein. If You do not agree with all of these Terms, then You are expressly prohibited from using the Website and You must discontinue Use immediately.
Amendments to the Terms may be posted on the Website from time to time (as at the “Last Updated” date above) and are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms at any time and for any reason, and You waive any right to receive specific notice of each such change.
Content You Provide
By using the Website, You represent and warrant that:
all information You submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such information as necessary;
You have legal capacity and You agree to comply with these Terms.
If You provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your Use and refuse any and all current or future Use of the Website (or any portion thereof).
Communications that Originate from You We may assume that all electronic communications which reasonably appear to originate from You or a person You have told Us is authorised to act on Your behalf are in fact from You and the form in which We receive the communication is the same as when it was first dispatched.
To Protect the Integrity of the Website
You will not:
use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website without Our express written consent;
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engines and search agents available through the Website and other than generally available third party web browsers;
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
use the Website in a manner that would bring Us, Our business and/or any of Our affiliates into disrepute;
access the Website for unlawful purposes or Use the Website in a manner which infringes Our rights or the rights of any other person or restricts or inhibits the Use of or enjoyment of Our computer systems by any other person;
post or transfer any material to the Website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Our or any other parties’ computer system.
access the Website through automated or non-human means, whether through a bot, script, or otherwise;
use the Website for any illegal or unauthorized purpose;
use of the Website in any manner which may violate any applicable law or regulation.
We are entitled to remove any information You or Your elected third party has submitted via the Website and/or suspend Your Use of any part of the Website at any time without notice to You.
User Login Details
You may be required to register with Our Website. In such instance, We will provide You with or You will be asked to choose a user ID and password.
Your user ID must not be liable to mislead, defame, derogate from the norm, etc. You must not use Your account or user ID for or in connection with the impersonation of any person or entity.
You shall hold any passwords/user ID’s issued by Us in connection with such access in strict confidence and You shall instruct all employees with access to such password/user ID of their obligations in this regard.
You shall promptly advise Us (as per the details provided in clause 9) of any unauthorized disclosure or misuse of any passwords/user IDs with respect to the Service that come to Your attention and shall cooperate with Us in enforcing the restrictions and limitations set forth in these Terms.
You are responsible for any activity on Our website arising out of any failure to keep Your password confidential, and may be held liable for any losses arising out of such a failure.
Registration and Accounts
You must ensure that all the information You supply to Us through Our Website, or in relation to Our Website, is true, accurate, current, complete and non-misleading.
You must not allow any other person to use Your account to access the Website.
You must notify Us in writing immediately if You become aware of any unauthorized use of Your account.
You must not Use any other person’s account to access the Website.
suspend Your account;
cancel Your account; and/or
edit Your account details,
at any time in Our sole discretion without notice or explanation.
Unless otherwise indicated, the Website is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of foreign jurisdictions, and international conventions. You may not reproduce, distribute, create a derivative, sell, reverse engineer, broadcast or in any other way exploit of the whole or any part of the Content and/or Marks.
We, together with Our licensors, own and control all the copyright and other intellectual property rights in Our Website and the Content and Marks on Our Website; and
all the copyright and other intellectual property rights in Our Website and the Content and Marks on Our Website are reserved.
The Content and the Marks are provided on the Website “AS IS” for Your information and personal Use only. Except as expressly provided in these Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
Provided that You are eligible to Use the Website, You are granted a limited license to access and Use the Website and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Website, the Content and the Marks.
External Links External links may be provided for Your convenience. We make no representation as to their content and use on any external links is at Your own risk. When visiting external links, You must refer to their website’s terms and conditions.
For all User ID and password related queries and complaints, please email firstname.lastname@example.org.
The Law that Applies to the Terms
All matters arising from or in connection with the Terms including its interpretation, validity, existence or termination for any reason shall be determined in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. We both agree that all disputes arising out of or in connection with the Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) by one or more arbitrators appointed in accordance with the Rules. A single arbitrator shall be appointed as provided in the Rules. The place of arbitration shall be in London and the language of the arbitration shall be English.
The information provided on the Website is not intended for distribution to or Use by any person or entity in any jurisdiction or country where such distribution or Use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate.
We reserve the right to discontinue or alter any or all of Our Website services, and to stop publishing Our Website, at any time in Our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if We stop publishing the Website.
If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
To the maximum extent permitted by applicable law, We exclude all representations and warranties relating to the subject matter of these Terms, Our Website and the Use of Our Website.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO GBP 10,000 (Ten Thousand Pounds).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Use of the Website; (2) breach of these Terms; (3) any breach of Your representations and warranties set forth in these Terms; or (4) Your violation of the rights of a third party, including but not limited to intellectual property rights..
Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defines of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Breach of These Terms
Without prejudice to Our other rights under these Terms, if You breach these Terms in any way, or if We reasonably suspect that You have breached these terms and conditions in any way, We may:
send You one or more formal warnings;
temporarily suspend Your access to Our Website;
permanently prohibit You from accessing Our Website;
block computers using Your IP address from accessing Our Website;
commence legal action against You, whether for breach of contract or otherwise; and/or
suspend or delete Your account on Our Website.
Where We suspend or prohibit or block Your access to Our Website or a part of Our Website, You must not take any action to circumvent such suspension or prohibition or blocking (including without limitation [creating and/or using a different account).
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement These Terms shall constitute the entire agreement between You and Us in relation to Your Use of Our Website and shall supersede all previous agreements between You and Us in relation to Your Use of Our Website.
“Personal Data” means any information that is recognised as such in terms of the General Data Protection Regulation (2016/679), Swiss Federal Data Protection Act and its ordinance or any legislation amending, superseding or replacing it, and includes, where applicable, the guidance and codes of practice issued by the Information Commissioner and/or any other applicable and regional data protection law; and includes any information which identifies You, such as Your registration information and login details.
Information We Collect
In Your Use of the Website, We may collect and store internationally the following information and Personal Data:
Your name, and email address
correspondence via the Website and information relating to transactional activity via the Website;
Website connection information, statistics on page views, traffic to and from the Website, IP address and standard web log information; etc.
How We Use Personal Data
At the outset We would like to give You the comfort that You will always own Your Personal Data and that We do not sell Your Personal Data to anyone, for any reason, at any time.
We use, disclose and share Your Personal Data only as follows:
to provide the Service;
for marketing purposes;
to analyse Website and Service usage and to improve the Services and/or Website;
to deliver to You any administrative notices, alerts and communications relevant to Your Use of the Website;
for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
by disclosing Your Personal Data to third party service providers appointed by Us in order to enable Us to provide the Website and Services to You, and who are bound by these same privacy restrictions;
with and to Our other business divisions and other companies within the VATIT group of companies for the purposes of supporting the Service and the Website, improving the Services, determining any illegal or fraudulent conduct and violations of any group company polices; and/or
as otherwise set out in the Terms.
In addition, We may disclose Personal Data to law enforcement, other government officials, or other third parties as We, in Our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us to legal liability, or in connection with a merger, consolidation, or sale of Our assets.
Opt Out or update
You are entitled to opt out of any disclosure of Your Personal Data to a third party or use of Your Personal Data for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by You by emailing Us at email@example.com.
It is Your responsibility to ensure that the Personal Data that You provide while using Our Website is true, accurate, current, and complete. In the event that You wish to update Your Personal Data please e-mail Us at firstname.lastname@example.org.
A cookie is a small file of letters and numbers that We store on Your browser or the hard drive of Your computer if You agree. Cookies contain information that is transferred to Your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of Our Website.
Analytical/performance cookies. They allow Us to recognise and count the number of visitors and to see how visitors move around Our Website when they are using it. This helps Us to improve the way Our Website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise You when You return to Our Website. This enables Us to personalise Our content for You, greet You by name and remember Your preferences (for example, Your choice of language or region).
Targeting cookies. These cookies record Your visit to Our Website, the pages You have visited and the links You have followed. We will use this information to make Our Website and the advertising displayed on it more relevant to Your interests. We may also share this information with third parties for this purpose.
If You want to disable cookies, You can do it by accessing the settings of Your internet browser. All browsers have settings to allow You to turn off cookies altogether, or alert You when a site wants to save one. Keep in mind that turning off cookies can limit Your access to certain parts of some sites.
We will only retain Your Personal Data for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
retention of the record is required or authorised by law; or
You have consented to the retention of the record.
During the period of retention, We will continue to abide by Our non-disclosure obligations and will not share or sell Your Personal Data.
We may retain Your Personal Data in physical or electronic records at Our discretion.
We may transmit or transfer Personal Data outside of the country in which it was collected to a foreign country and process it in that country. Personal Data may be stored on servers located outside the country in which it was collected. You consent to Us processing Your Personal Data in a foreign country whose laws regarding processing of Personal Data may be less stringent.
We take reasonable technical, administrative and physical steps to protect against unauthorised access to and disclosure of Personal Data.
We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of Your online session and to protect Our systems from unauthorised access.
Our databases are protected from general personnel access both physically and logically.