BACKGROUND:

The Website is operated by Cubera Solutions Limited and we cannot provide any documents templates, information or other items to you until you have agreed to the Terms and Conditions below. Please read the following Terms and Conditions carefully, and if you wish to proceed click the ‘accept’ button. Once accepted these Terms and Conditions will form the contract between Cubera Solutions Limited and you. You will then be asked to provide your card details. After payment is processed, you will be able to download the Product.

1.     DEFINITIONS AND INTERPRETATION
1.1          In these Terms and Conditions, unless the context requires, the following expressions have the following meanings:
“Fee” : means the fee paid by Users to download the Product;
“Permitted Use” : means the use of the Product as set out in Clause 2;
“Product” : means the document templates, information and other items provided by Cubera Solutions Limited through this Website which are packaged folders of items, each of which is made available subject to these Terms and Conditions, individually or collectively as one package;
“Cubera Solutions Limted” : means Cubera Solutions Limited of 46 Churchill Close, Alderholt, Dorset, SP6 3BG (references to “we”, “us” and “our” should all be read as referring to Cubera Solutions Limited);
“User” : means any third party that accesses the Website and is not employed by Cubera Solutions Limited and acting in the course of their employment (references to “you”, “your” and “yours” should all be read as referring to you as a User); and
“Website” : menas the website that you are currently using (www.cuberasolution.com) and any sub-domains of this site unless expressly excluded by their terms and conditions.

2.     PERMITTED USE
Subject to the payment of the Fee and subject to the restrictions in Clause 3 below you shall be granted a non-exclusive perpetual licence:
2.1          to use the Product and any document templates, information or other items therein for your own personal and/or business purposes;
2.2          only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies on any computer system; and
2.3          to copy, modify, adapt, merge, translate, disassemble, or create derivative works based upon the whole or any part of the Products.

3.     EXCEPTIONS AND RESTRICTIONS
3.1          The Permitted Use is subject to the following exceptions and restrictions:
3.1.1      You will not sell any Product (or any part thereof) to third parties;
3.1.2      You will not distribute any of the document templates, information or other items contained within the Product (or any part thereof) to third parties for sale, resale (or free of charge) whether as part of a package or as a separate product;
3.1.3      You will not use the Product (or any part thereof) for any purpose which rivals or competes with Cubera Solutions Limited. In the event of a dispute between the User and Cubera Solutions Limited it shall be for Cubera Solutions Limited to define “rival” and/or “competing” purposes; and
3.1.4      You will not rent, lease, sub-licence or loan any Product (or part thereof to third parties.
3.2          Subject to sub-Clause 3.1, you may use the Product in the course of your business to facilitate and execute transactions and to manage any and all relevant business affairs, which purpose may require the distribution of copies of the document templates, information or other items contained within the Product to third parties.
3.3          The restrictions in sub-clause 3.1 are subject to the provisions of the Copyright Designs and Patents Act 1988. Cubera Solutions Limited waive its moral rights contained in Sections 77 – 79 of that Act.
3.4          The copyright and all other applicable intellectual property rights in the Product remain the sole property of Cubera Solutions Limited.
3.5          All restrictions in this Clause 3 shall apply to the Product, any and all parts thereof, and any derivative works created by you using the same.
3.6          All licences, consents and restrictions contained in these Terms and Conditions shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).
3.7          You acknowledge that our document templates, information and other items included on our website are made available for download by you on the basis that they are not instruments or other documents prepared for you by us or our employees or consultants, and it is your responsibility to ensure that you are entitled to prepare and customise our document templates as may be required by law.

4.     OWNERSHIP
Cubera Solutions Limited shall at all times retain ownership of the Product, save for any new documents that are created and completed within the permission granted by sub-clause 2.3 of these Terms and Conditions.

5.     FEE, PAYMENTS AND PURCHASES
5.1          All fees appearing on this Website are exclusive of Value Added Tax. Value Added Tax (if appropriate) shall be added to any and all sums due at the point of sale.
5.2          All transactions processed through the Website are handled by WooCommerce. No payment details are collected or processed by Cubera Solutions Limited. We do not accept responsibility for any problems you may have in making payments through WooCommerce.

6.     PRODUCT AND LIABILITY
6.1          We will use reasonable endeavours to correct in a timely manner any defect in any Product item where we are made aware of such defect.
6.2          We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use of inability to use the Products or from errors or deficiencies in any Product.
6.3          You should ensure that any Product (or part thereof) acquired from Cubera Solutions Limited is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will fit for its intended purpose, useful to you or of satisfactory quality.
6.4          Document templates and other items are only made available by us as a starting point for you to prepare documents for your purposes. Before you use any item selected, you should edit and customise it as necessary to ensure that it is appropriate and complete to meet your requirements and circumstances or arrange for a suitable person to do so for you.
6.5          You acknowledge that any Product (or part thereof) purchased may, in future, need to be amended in response to changes in the law or commercial practice. We are not responsible for advising you of any such changes or amendments.
6.6          No liability shall attach to Cubera Solutions Limited, our directors or officers, our employees, or retained consultants for loss or damage of any nature suffered as a result of the use of the Product or for any errors or omissions in the contents of any document templates, information or other items.

7.     REFUNDS
We operate a refunds policy that shall, at all times, be subject to our discretion. Any User wishing to receive a refund should contact us for further information.

8.     CANCELLATION
8.1          You have no right to cancel this contract once the automatic downloading of the Product starts.
8.2          By accepting these Terms and Conditions you agree to the following statement “I hereby consent to the immediate performance of this contract when clicking on the “pay now” button and acknowledge that I will lose my right of withdrawal from the contract once the automatic download of the Product has begun”

9.     CHANGES TO THE WEBSITE, THE PRODUCT AND THESE TERMS AND CONDITIONS
We reserve the right to change this Website, the Product and these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.

10.  AVAILABULITY OF THE WEBSITE AND THE PRODUCT
10.1       This Website and the Product are provided “as is” and on an “as available” basis. We give no warranty that the Website or the Product will be free of defects and/or faults.
10.2       We accept no liability for any disruption or non-availability of this Website resulting from any cause including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural event, acts of war or legal restrictions and censorship.

11.  WAIVER
Failure by Cubera Solutions Limited to enforce the performance of any provision in these Terms and Conditions shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

12.  SERVERANCE
In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

13.  DATA PROTECTION AND PRIVACY
13.1       We collect, hold and process all personal data in accordance with you rights and obligations under the Data Protection Act 1998 (and, from 25 May 2018, the EU General Data Protection Regulation (“GDPR”)), and we take appropriate steps to ensure that your information is protected consistent with the principles set out in the Act (after 25 May, the GDPR), any other privacy laws, these Terms and Conditions and our Privacy Policy, whether that information is held by us or shared with a third party.
13.2       For full details of our collection, use and holding of personal data, information about your legal rights as a data subject and how to exercise them, please refer to our Privacy Policy.

14.  LAW AND JUSRISTICTION
        These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.

DISCLAIMER
This Disclaimer is part of the Terms and Conditions.
Cubera Solutions Limited is an internet based publishing business providing general information, forms, document templates and other items, subject to this Disclaimer and the other Terms and Conditions above.
Cubera Solutions is not an accountancy practice and nothing on this Website constitutes professional or other advice.
Cubera Solutions Limited takes reasonable steps to ensure that the information contained on this Website is accurate and up to date.
Cubera Solutions Limited may amend any form, document template or other item or add, replace, or remove any form, document template or other item without notice.
The information, forms and document templates are designed and offered ion good faith only to provide a guide for common situations.
Cubera Solutions Limited furnishes both the information on this Website and its document templates, forms and other items without any express or implied representation, warranty, term  or condition.
If you have any questions concerning the appropriateness or use (for the intended or any other purpose) of any form, document template or other item made available by Cubera Solutions Limited or information contained on the Website you must seek independent professional advice.
Refunds will be given at the discretion of the management and subject to Cubera Solutions Limited Terms and Conditions.
Notwithstanding any other provision pf either the Terms and Conditions or this Disclaimer, Cubera Solutions Limited, its agents, employees, contractors and sub-contractors will not be liable, whether in contract, tort (including negligence) or otherwise, for any special, direct, or indirect loss, damage, cost, expense, claim, demand or liability, or any loss of profit, revenue or anticipated savings, arising directly or indirectly from any omission from, error or defect in , or unsuitability of, any document template, form, information or other item available from Cubera Solutions Limited or on its Website or from the possession, publication, use of or reliance on any such document template, form, information or other item, or for incorrect completion, alteration, use, filing of, or inability to use, any such document template, information or other items.