Terms & Conditions

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

• "Account" - means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;
• "Content" - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website
• "Free Content" - means any Content that is accessible without the payment of a Subscription Fee;
• "Learning Establishment" - means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
• "Paid Content" - means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
• "Service" - means collectively any online facilities, tools, services or information that Sourcecloud Limited makes available through the Website either now or in the future;
• "Subscription Fee" - means the sum of money paid by Users at defined intervals to keep their Account active and to enable them to access Paid Content;
• "Subscription Period" - means the period for which a subscription has been purchased and may refer to 1 month or 1 year accordingly;
• "System" - means any online communications infrastructure that Sourcecloud Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
• “User” / “Users” - means any third party that accesses the Website and is not employed by Sourcecloud Limited and acting in the course of their employment;
• "Website" - means the website that you are currently using (costguardian.io) and any sub-domains of this site (e.g. subdomain.members.costguardian.io) unless expressly excluded by their own terms and conditions; and
• "We/Us/Our" - means Sourcecloud Limited [, a limited company registered in England under 05531113, whose registered address is Chancel House, East Street, Bingham, NG13 8DS.

2. Intellectual Property

These Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sourcecloud Limited, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Sourcecloud Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.

4. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site costguardian.io without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express permission.

5. Use of Communications Facilities

When using any System on the Website you should do so in accordance with the following rules:

• you must not use obscene or vulgar language;
• you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• no Content that is intended to promote or incite violence;
• it is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
• the means by which you identify yourself must not violate these terms of use or any applicable laws;
• you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
• you must not impersonate other people, particularly employees and representatives of Sourcecloud Limited or Our affiliates; and
• you must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”;

You acknowledge that Sourcecloud Limited reserves the right to monitor any and all communications made to Us or using Our System.

You acknowledge that Sourcecloud Limited may retain copies of any and all communications made to Us or using Our System.

You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

6. Accounts

In order to access Paid Content on this Website and to use certain other parts of the System you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:

• all information you submit is accurate and truthful;
• you have permission to submit Payment Information where permission may be required; and
• you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser

When choosing your username you are required to adhere to the terms set out above in Clause 6. Any failure to do so could result in the suspension and/or deletion of your Account.

7. Subscriptions and Cancellation

Subscription charges commence on the date that you activate your subscription. Your credit / debit card will be billed on activation and annually thereafter until you cancel your recurring subscription under sub-Clause 7.7.

Your first payment will be at the price advertised on the Website. Sourcecloud Limited reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:

• increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
• decreases in price be reflected in your subscription on the date of the immediately subsequent renewal.

For further information on subscriptions and pricing, please visit Our Subscriptions page get.costguardian.io.

No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email. Only once We have sent you a subscription confirmation email will there be a binding contract between Sourcecloud Limited and you.

Subscription confirmations under sub-Clause 7.3 will be sent to you immediately upon your activation of a subscription and shall contain the following information:

• Confirmation of the subscription including full details of the main characteristics of the Paid content available through your subscription;
• Fully itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;
• The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);
• A confirmation of your express request that the Paid Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause

You may cancel at any time after subscribing, however subject to sub-Clause 7.6, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you chose to pay the Subscription Fee and reactivate your subscription.

If you subscribe in error you must inform Us within 7 days of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.

8. Termination

Either Sourcecloud Limited or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

If We terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. Such terminations can be appealed by contacting us in writing at Chancel House, East Street, Bingham, NG13 8DS.

If We terminate your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.

If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription

9. Privacy

Use of the Website is also governed by Our https://members.costguardian.io/PrivacyPolicy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in Our Cookie Policy at https://members.costguardian.io/HowWeUseCookies. [By accepting these Terms and Conditions, you are giving consent to Sourcecloud Limited to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

10. Limitation of Liability

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, 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) the Website or the use of or reliance upon any content included on the Website.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.

If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 10.7, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

11. Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

12. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Sourcecloud Limited.

14. Communications

All notices / communications shall be given to Us either by post to Our Premises (see address above). Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ''Unsubscribe'' link in any email which you receive from us.

15. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.