Terms and Conditions

Introduction

This website is owned and operated by ExpenseMagic Limited. We are registered in the UK (technically "England & Wales") under number 7522455. Our registered office is at 2 White Lion Court, Cornhill, London, EC3V 3NP. Other contact details are specified on our website. Our VAT number is 106 0034 78.

Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. If you have a corporate account, you undertake to procure that all authorised users of the account are bound by these terms and conditions.

Definitions

"Data" means all receipts and other documents which you supply to us for digitisation / storage together with all digitised and electronic versions of such documents. "Order Form" means any order form or similar document to which these terms and conditions are appended. "Personal Data" is as defined in the Data Protection Act 1998. "Regulations" means applicable laws, regulations or codes of conduct. "Service" means our website and application and our online service for managing expenses. "Tokens" means the form of credit whereby non-corporate users can pay for and use our Service.

Changes to the terms and conditions

We may change these terms and conditions by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

Use of our Service

You are not eligible for, and must not use or register for, our Service if you are under 18 years of age unless you provide us with a form of parental consent which we agree in our absolute discretion to accept.

It is your responsibility to ensure that all contact and other information which you provide us is accurate and not misleading and that you will update it so that it remains so.

Our Service comprises the digitisation and storage of expense records online. It is your responsibility to satisfy yourself that our Service complies with any relevant Regulations and that it is otherwise suitable for your purposes.

We will use reasonable endeavours to complete the digitisation / online storage within two UK business days but we cannot guarantee that this target will be achieved.

You agree that in connection with the Service you will not breach any Regulations or infringe any rights of others. You agree that will not supply any Data which is fraudulent or involves duplication of any document or which is offensive, vulgar, racist, abusive or similarly inappropriate.

It is your responsibility to ensure that all Data which you supply to us is accurate and legible. It is also your responsibility to check the digitised version of the Data to verify that it is accurate. For the avoidance of doubt, we are not responsible for checking your Data even if we have reason to think that it is inaccurate.

You acknowledge that only certain parts of the digitised Data are alterable by you Ð as specified on our Service. We undertake to correct any errors in the part of the digitised Data which is not alterable by you provided that (1) you contact us with your request by the means specified on our website within 3 months of the date when we made the relevant digitised data available to you and (2) we are satisfied in our discretion that an error has in fact been made. If an error has been made, we may in our discretion agree to, but are not obliged to, provide credit for the fee referable that document.

We cannot guarantee that our Service will be uninterrupted and error free or that Data will not be lost, for whatever reason. It is your responsibility to maintain a suitable paper or other backup recording system in place to cover such eventualities.

We reserve the right (but do not undertake) to reject, suspend, alter, remove or delete Data or to disclose to the relevant authorities any Data if it breaches our terms and conditions or it is necessary to protect us or others or where we have reasonable grounds for believing that a criminal act has been committed) or if we are required to do so by law or appropriate authority, without notice.

Any information which we ourselves make available on or in connection with our Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.

You must comply with any guidelines or requirements on our Service. You must promptly comply with any reasonable request or instruction by us in connection with the Service.

We do not provide any support except insofar as expressly stated from time to time on our website.

We are entitled to temporarily suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will use reasonable endeavours to ensure that the suspension is for the shortest period possible.

We reserve the right at any time, upon giving at least 30 days notice by email, to introduce a storage limit for Data (including a right to irretrievably delete Data in excess of any such limit) and/or to introduce a charge for Data storage.

Your account

Your account is non-transferable. You must not authorise or permit any other person to use your non-corporate account. Corporate accounts may only be used by persons who have been authorised in accordance with any requirements specified by us. You must take reasonable care to protect and keep confidential your password and other account or identity information and ensure that your authorised users do likewise (if you have a corporate account). You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

In the case of corporate accounts, you acknowledge that all Data within the account is viewable by other users of the account in accordance with any permissions set by the account administrator.

Payment by non-corporate users

Payment for non-corporate users is by means of redemption of Tokens, which are available for the prices shown on our Service. We may at any time change the price payable for Tokens. If you obtain Tokens, you must check that they have been correctly credited to your account and tell us immediately if not.

Tokens do not have any inherent value and they are not your own private property. You can only use them in connection with our Service. We do not provide any cash or refunds for Tokens (except as required by law or expressly stated in these terms and conditions). Tokens are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things. We may restrict access to or delete Tokens if they were awarded in error or if a payment for Tokens is charged back or otherwise cancelled or reversed.

We may at any time decide to end the entire Token program. Before we delete the unused Tokens we will give you reasonable notice and a reasonable period to redeem them.

Payment by corporate users

Payment for corporate users is at the rate specified in the applicable Order Form. Invoices are sent by email after the calendar month to which they related and are payable within 30 days (or such alternative period as is shown on the invoice). Prices exclude VAT or other sales tax unless otherwise stated.

You must make all payments without any set-off, counterclaim and/or any other deduction.

If any amount due to us is unpaid, we may:

  • charge reasonable additional administration costs; and/or
  • charge interest (both before and after judgment) on the amount unpaid at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
  • suspend our Service; and/or
  • cancel this agreement.

Cancellation

In the case of corporate users, this agreement lasts for the period stated in the Order Form or, if none, for 12 months. In the case of non-corporate users, the agreement continues indefinitely until cancelled in accordance with these terms and conditions.

Corporate and non-corporate users may at any time cancel this agreement by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.

We may cancel this agreement on giving notice by email if you have not supplied any Data to us for a period of at least 6 months.

We may at any time with or without notice suspend or cancel this agreement (at our option) if (1) in our absolute discretion we consider that you may have committed fraud in connection with our Services or that you have or may have breached our terms and conditions or (2) you suffer or threatens to suffer, any form of bankruptcy, insolvency, receivership, administrative receivership, administration, arrangement with creditors or you cease, or threaten to cease, to carry on business or (3) we are required to do so by law or appropriate authority.

We may cancel this agreement where otherwise stated in this agreement.

Following cancellation of this agreement, your registration for and right to use our Service are terminated. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You remain liable to pay any fees due as at the date of cancellation and there will be no refunds of any fees already paid.

We reserve the right to irretrievably delete any Data following cancellation of this agreement.

If we have given notice of cancellation in accordance with this agreement, you must not attempt to re-register for or use our Service.

Third party websites

We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

Intellectual property rights

All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.

You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

Personal Data

Both parties agree to comply with all applicable data protection laws in connection with this agreement.

You are the data controller and we are the data processor in connection with any Personal Data included within the Data.

Insofar as we process any Personal Data on your behalf as data processor, we agree that:

  • we shall do so only in accordance with this agreement or your written instructions, and
  • we will at all times have appropriate technical and organisational measures in place to protect all such Personal Data against unauthorised or unlawful processing, accidental loss, destruction or damage and that, having regard to the state of technological development and the cost of implementing any measures, the measures shall ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage and to the nature of the data to be protected.

Restrictions of our liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any:

  • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data (even if we have been advised of the possibility of such losses).

You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation relating to the terms of this agreement is excluded.

"Act of God"

Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including those caused by third party internet service or telecommunications providers. If our Service is unavailable for more than 14 days, you are entitled to cancel this agreement.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

General

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (i.e. that it can't be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

Complaints

If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.