Terms of Service

1.     OVERVIEW AND INTRODUCTION

1. 1. Bottom Line Impact Limited (Hereinafter referred to as “Bottom Line Impact” “we” “our platform” and “us”), a company registered in the United Kingdom and operating from Surrey, United Kingdom.
   2. Regarding any issue related and connected to this Terms of Service, we can be contacted at info@bottomlineimpact.co.uk. We have a dedicated team who would endeavour to respond to your email timeously. Please be informed that we can only give clarifications and explanations when contacted. We are not able to provide legal advice.
   3. By using our Website, services and Platform, You agree to be bound by this Terms of Service, our Privacy Policy, our Cookies Policy and our Terms and Conditions (when you make a Purchase). In addition to these, You agree to be bound to additional policies applicable to any of our services, its functionality and contents. These terms are incorporated by reference.
   4. These Terms of Service govern and regulate your use of our Platform and services, by using our Platform, you consent to these terms and are bound by them. Please kindly read these terms carefully. These Terms override any previous communication or agreement with Bottom Line Impact in relation to any of our services and Platform.

2.     DEFINITIONS AND INTERPRETATIONS

As used in this Terms of Service, the following words and terms shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:

1. 1. Bottom Line Impact – means Bottom Line Impact Limited, a company registered and located in the United Kingdom which can be contacted on our Contact Page.
   2. Course or Courses – means an educational program related and concerned with the field of finance as available on our Platform.
   3. Dashboard or Members Area – A page on our Platform where Users who have made a purchase on our Site can view the products to which they have access.
   4. Financial Power Tools – means the financial calculation tools and templates on our Platform to which certain Members have access.
   5. Members – means Users who are registered on our Platform.
   6. Our Content – includes those contents provided to Users by Us, which is related to or connected with our products, services and activities on our Platform.
   7. Payment – includes any monies paid to us by any User in respect of products and services made available on or delivered through our Platform.
   8. Parent or Parents – includes the legal representative(s) or guardian(s) of a User as defined in 2(p)
   9. Party – means either User as defined in 2(p) or Bottom Line Impact as defined in 2(a).
   10. Parties – means both Users defined in 2(p) and Bottom Line Impact as defined in 2(a).
   11. Platform – Includes all avenues in which our services can be accessed and used. This includes but is not limited to
   12. http://www.bottomlineimpact.co.uk bottomlineimpact.net/, and any of Our Services, etc.
   13. Services – includes anything related to and connected with Bottom Line Impact including our Financial Power tools, our Courses and any other services available on our Platform.
   14. Customer or Customers – includes User who purchases a Course on our Platform
   15. Terms of Service – means this “Terms of Service” together with the terms incorporated by reference, all as may be amended, varied or supplemented from time to time by Bottom Line Impact in accordance with the provisions of this Terms of Service
   16. Terms and Conditions– Means the set of terms specifically applicable to the purchase of Courses on our Platform.
   17. User or Users – any User of our Platform including but not limited to Website Visitors, Customers, Parents, or any person using our Services or Platform for whatsoever reason.
   18. User Content – means any content provided by the persons who fall under the category in 2(p) above.
   19. User Profile – A page where Users can add or edit their personal information, change password and payment information.
   20. Website or Platform – http://www.bottomlineimpact.co.uk bottomlineimpact.net/ and all of our services.
   21. You or Your – means the same thing as “User” as described in 2(p)

2.1     REFERENCES

Any reference to a statutory provision shall be construed as a reference to:

1. 1. Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;
   2. All statutory instruments or orders made pursuant thereto; and
   3. Any statutory provisions of which that statutory provision is a re-enactment or modification.
   4. Any reference to a document or this Terms of Service shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Service but excluding any amendment replacement, notation or supplement made in breach of this Terms of Service.
   5. Any reference to a party, (who can either be Users or Bottom Line Impact collectively and individually) to this Terms of Service includes a reference to that Party’s successors and permitted assigns.
   6. Paragraph headings are inserted for ease of reference and convenience and shall not be construed as forming part of this Terms of Service or used in the interpretation of any Article hereof.
   7. Words denoting the singular shall include the plural and vice versa.
   8. Words denoting persons shall include corporations, partnerships, sole traders firms and organisations and vice versa.
   9. Words denoting any gender shall include all genders.

3.       OUR SERVICES

1. 1. Bottom Line Impact is an online platform that markets, sells and delivers finance courses, calculation tools (collectively termed “Financial Power Tools”) and other information and videos concerned with the subject of finance.
   2. The use of our Financial Power Tools is subject to the following specific terms
      
      1. Where access to some or all of our Financial Power Tools is made available as a bonus associated with the purchase of one of our courses, this free access is limited to a period of one month. Note, this only applies to certain courses (the “Participating Courses”).
      2. At the expiration of this free period, unless you choose to subscribe to gain ongoing access to these Financial Power Tools through our Opt-in email, your access will be revoked. The subscription terms can be found in our Terms and Conditions.
      3. We only save data in which you have clicked “save” after creating the template on our Financial Power Tools.
      4. Non-access of a template saved on our Financial Power Tool for a period of three-months will lead to an automatic deletion of the template.
      5. You hereby agree that we are not liable for any liability arising from non-saving or deletion of templates on our Financial Power Tools.
   3. It is Your responsibility to read the information on the relevant webpage in order to make an informed personal decision about whether to purchase a Course and any related bonuses or not. As a Member, you are responsible for making a decision regarding the suitability of any Product you choose to purchase.
   4. We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform.
   5. Access to the Website is on an “as available” basis. We may amend, suspend or discontinue our Website (or any part of it) at any time and without prior notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period. We do not warrant that the Website or any of its functions will be uninterrupted or error-free or that defects will be corrected, or that any part of this Website or the server that makes it available are free of viruses or other harmful components.
   6. You agree that Bottom Line Impact does not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our Platform.
   7. You acknowledge that the Platform is an evolving one and that the form and nature of the Website, including the Services, may change from time to time without notice to you.

4.      USER OBLIGATIONS

We give to all our Users a limited, non-exclusive, non-transferable, and revocable license (“the License”) to use our Platform and services. However, this right of use is subject to this Terms of Service and the following restrictions:

1. 1. Users in the United Kingdom or the European Economic Area (EEA) must be 18 years old to use our Platform and services. For minors outside the EEA who are between the age of 13 and 18, the use of our Platform or any of our services must be through the use of an account owned and operated by a parent or legal guardian. The parent must also provide affirmative consent and supervise the use of their account. Users are solely responsible for any use of their account by a minor.
   2. By using our Platform, you hereby confirm that you are of the required age as stated in 4(a). A breach of this term constitutes a fundamental breach of this Terms of Service.
   3. If you are a User who is given access to the ‘Financial Power Tools’ you agree that the licence granted to you does not give you any rights in the ‘Financial Power Tools’ and you shall not be permitted to assign, sub-licence, sub-contract or otherwise transfer the benefit of the licence or any part of it to a third party.
   4. You are obligated to provide accurate and complete information when registering an account on our Platform or when interacting with us through any means whatsoever (including but not limited to entering into a purchase transaction, downloading a course PDF, completing a website contact form or through email). It is your responsibility to provide accurate information to us at all times.
   5. If, as a User, you make a purchase from us, you must ensure that your account is updated and accurate at all times. You are responsible for your account.
   6. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to info@bottomlineimpact.co.uk. Bottom Line Impact is not liable for any loss or damages from any unauthorised use of your Account by another person.
   7. To use certain parts of our Platform, you will be required to login with your email and password. The information you enter is protected in line with our Privacy Policy.
   8. You warrant that the email selected for registration is not offensive.
   9. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.
   10. As a User, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other Users.
   11. Users who have purchased a product from us can delete their account and thereby permanently terminate their access to these products by using the delete function in the User Profile area within the Members Area of the website. Please note that deleting your account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our Privacy Policy for more information.
   12. As a User you must refrain from carrying out criminal activities, violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Service and all our other policies.
   13. You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties.
   14. Should your account be banned by Bottom Line Impact you are not entitled to create a new account to access the Website.
   15. As a User, you agree that Bottom Line Impact’s total cumulative liability in connection with these Terms, the Website, the Software, the Products, the Services, the Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amount of money, if any, you paid in purchases to Bottom Line Impact for the Services in the then-prior two months.
   16. You agree to not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website. You agree that you will not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website, or attack our Platform by any means
   17. By using the Services, you agree to indemnify, hold harmless and defend Bottom Line Impact and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) use and/or misuse of the Website, including without limitation any information, Content and/or materials thereon; (e) violation of any applicable law or regulation; (f) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (g) misstatements and/or misrepresentations; (h) use of links to third party websites, including without limitation such websites’ availability, Terms of Service, privacy policy, information, Content, materials, advertising, products and/or services; (i) User information and any acts or omissions with respect to such User information; (j) use of any information in third-party reports; (k) use of third-party payment processing services; (l) use of phone support services; and/or (m) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Website. You further agree that you will cooperate as requested by Bottom Line Impact in the defence of such claims. Bottom Line Impact reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you shall not in any event, settle any claim or matter on behalf of Bottom Line Impact without the written consent of Bottom Line Impact.
   18. You must not engage in activities that are detrimental to our Platform or its functionality. You shall not take actions to bypass our security measures or gain unauthorised access to our Content or any other User’s Content, reverse engineer or take apart our Financial Power Tools or any of our products, services or Platform.
   19. As a User you may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.
   20. To make any purchase on our Platform, You will need to agree to the Terms and Conditions as contained here. There will be a link at checkout and a clickwrap button which allows the review of the Terms and Conditions. By clicking “I Accept” on the checkout page, You hereby expressly agree to the terms contained in the Terms and Conditions. You agree that We are not liable for your failure to read these Terms and Conditions. These terms are incorporated into this Terms of Service.
   21. Bottom Line Impact is not responsible for any loss or damages arising from the failure to comply with clause 4(a) – 4(x) above. Bottom Line Impact may terminate, suspend or take any action against your account for violation of any Terms of Service.

5.       CUSTOMER’S UNDERTAKINGS AND OBLIGATIONS

In addition to all other Bottom Line Impact policies and this Terms of Service, the following applies to all customers on our Platform:

1. 1. You agree that information contained in our Courses is based on sources and information we reasonably believe to be accurate at the time of provision. However, due to the flexibility in the developments of the market as well as changes of a legal and compliance-related nature, the completeness and accuracy of the information contained therein cannot be guaranteed.
   2. You further agree that the materials contained in the Courses do not constitute legal, compliance, financial, tax, accounting or related advice.
   3. You agree that you are using the Financial Power Tools entirely at your own risk, we do not warrant the reliability, accuracy, suitability for a specific purpose or sector neither do we guarantee that it will give the results suggested or insinuated.
   4. You agree that content of the Courses and the use of the Financial Power Tools does not guarantee that You will achieve similar results to those in any of the illustrative examples shown. Your results may vary significantly due to factors peculiar to you.
   5. You hereby agree that our Financial Power Tools and the information provided in our Courses and the Financial Power Tools are sold and provided on an “as is” basis by Bottom Line Impact without any warranties of any kind, express or implied. Specific terms related to purchase of a Course on our Platform are as contained in the Terms and Conditions that can be accessed here.
   6. In order to make Payments to us, Customers will be required to provide information regarding their credit card or other payment methods. All Customers represent and guarantee Bottom Line Impact that such information is true and that they are authorised to use the said Payment Method.
   7. If you become aware of fraudulent use of your payment card to make a Payment on our Platform, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

6.      BOTTOM LINE IMPACT’ UNDERTAKINGS, RIGHTS AND OBLIGATIONS

1. 1. In no event shall Bottom Line Impact be liable to any user of this Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorised access to or use or misuse of the Website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.
   2. We offer a limited refund system, under which a refund will only be given in accordance with the Terms and Conditions document.

7.      FINANCIAL PROVISIONS

7.1    PAYMENT

1. 1. The price of the Products we offer is as stated on the Product Specific Page on our Platform. The available method and means of payments can be found in the Terms and Conditions.

7.2    CANCELLATION AND REFUNDS POLICY

1. 1. All matters related to cancellation and refunds are as contained in the Terms and Conditions.
   2. As a User, you agree that Bottom Line Impact reserves the right to terminate your Accounts and pursue any remedy available for any abuse of the Refund and Cancellation Policy.
   3. Any dispute on Payments should be forwarded to us by sending us an email at info@bottomlineimpact.co.uk.

8.    INTELLECTUAL PROPERTY MATTERS

1. 1. Bottom Line Impact’s Intellectual Property – Our Content, Service, trademark and everything on our Platform are protected through various intellectual property laws including but not limited to copyright, trademark and all other available protections under the Laws of England and Wales
   2. You agree that the ‘Financial Power Tools’ located within the ‘Members Area’ of the Website, including their functionality and underlying algorithms, are proprietary to us and you must keep confidential and not disclose them to third parties.
   3. By using our Platform, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our contents. We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our Content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the Content on our Platform unless you get written permission from us.
   4. We have the right and discretion to limit or revoke this limited license to use.
   5. Users’ Intellectual Property – You grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sub-licensable, and transferable right to use of content to Bottom Line Impact who can exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. The foregoing grant shall include the right to exploit any proprietary rights in such submission or posting, including but not limited to rights under copyright and trademark under any relevant jurisdiction. Also, in conjunction with the exercise of such rights, you grant us the right to identify you as the author of any of your postings or submissions by name, email address or screen name as we deem appropriate.
   6. Bottom Line Impact is hereby granted the right to edit, amend, make changes, translate, format or even delete any Users’ Content as it deems necessary and appropriate.
   7. You covenant, represent and warrant that they have the right and licence to confer the rights in 9(e) and 9(f) on Bottom Line Impact. You also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights.
   8. As a User, you further warrant that Bottom Line Impact is not required to obtain any license, consent, make any payment or obtain any permission from any third party to use any of your Content on our Platform. You agrees that Bottom Line Impact does not have any liability for the use of any your content.

9.    MISCELLANEOUS PROVISIONS

1. 1. Unsolicited Idea – You agree that all unsolicited comments and advice are non-confidential and non -proprietary. An irrevocable, worldwide, transferable and royalty-free license to use, exploit, distribute and display the unsolicited advice or communication is hereby granted to Bottom Line Impact.
   2. Severability – In the event that any provision of this Terms of Service is held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid with the invalid and unenforceable parts severed from the remainder of this Terms of Service.
   3. Amendment – We may update these Terms of Service from time to time by publishing a new version on our Website. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to this Terms of Service. At our discretion we may notify you of changes to this policy by email or through email or any other choice of communications as set by you.
   4. Notices – Unless otherwise stated in this Terms of Service or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. For Bottom Line Impact, the applicable email address is info@bottomlineimpact.co.uk unless another email address is provided on the relevant page on our Platform or this Terms of Service. For a User, the email address will be the email address provided when registering for an account or contacting us.
   5. Waiver – No single or partial exercise of a right or remedy provided by this Terms of Service or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of this Terms of Service does not constitute a waiver of a subsequent or prior breach of this Terms of Service.
   6. Relationship Of The Parties – This Terms of Service is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Service. Nothing in this Terms of Service or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Service or any legal entity between the Users and Bottom Line Impact or any ongoing or continuing relationship or commitment between the Users of Bottom Line Impact, other than as specifically set out in this Terms of Service.
   7. Indemnity – You agree to indemnify and hold harmless Bottom Line Impact, its successors and assigns, from and against all losses, costs and other damage caused by you, his/her profile or any activity that is related or connected to the use of our Platform.
   8. Governing Law – This Terms of Service, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales.
   9. Dispute Resolution – Notwithstanding the provisions of 9(n) for any and all grievances, disputes, claims, or controversies you may have against Bottom Line Impact (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to info@bottomlineimpact.co.uk with the subject “Pre-Action Dispute Notice”. The email should contain your name, your email address as registered on your account (if you have no account, please state that), a detailed description of your grievance and claims and, a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within sixty (60) days after receiving your Pre-Action Dispute Notice, then you may pursue resolution of the Dispute in accordance to (o).
   10. Subject to 9(m), the parties agree that any dispute arising out of or in connection with this Terms of Service or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
   11. Class Action Waiver – The Parties agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither Party will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which either Party acts or proposes to act in a representative capacity. The Parties further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the Parties, and all other parties to any such proceeding.
   12. Warranty – Bottom Line Impact has no fiduciary duty to You. Our Platform, services, Content, User Content, and any other related materials are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied. This no warranty includes but is not limited to implied warranties of merchantability, quality or fitness for a particular purpose, non-infringement or Course of performance. . In particular, we make no warranty or representation that the ‘Financial Power tools’ are fit for commercial, business or industrial use of any kind. This no-warranty clause is exercisable to the fullest extent permissible by the law. The use of our Platform and services, including without limitation any services provided on any third-party platform, are entirely at your own risk.
   13. Limitation of Liability – To the fullest extent permissible by law, we accept no liability to any user for any loss or damages, direct, indirect, incidental, special or consequential, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any formulas, tools or templates included in our materials or otherwise made available via our Website. If you are dissatisfied with our Platform, any materials, products or services, or with any of our Platform’s Terms of Service, your remedies shall not exceed the amounts, if any, you paid in purchases to Bottom Line Impact for the Services in the then-prior two months.
   14. Confidentiality – Except to the extent required by law, any legal or regulatory authority of competent jurisdiction or, with the prior written consent of the other Party. No party shall use or disclose to any third party such information belonging to the other Party. This paragraph shall survive the termination of this Terms of Service. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.
   15. In the event of your failure to comply with the terms contained in this Terms of Service, Terms and Conditions, our Privacy Policy or Cookies Policy we reserve the right and sole discretion to immediately and without notice suspend, delete or permanently ban the Users’ access to all or part of our Platform or services.
   16. The terms in these Terms of Service survive the usage of the Platform. Even after termination or deletion of your account on our Platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the terms in this Terms of Service continue to apply post-use and termination.