CONTACT US

Terms and Conditions

These Terms constitute a binding legal agreement between you and Ginkgo Advisory Limited.

Please read the Terms carefully as they set out important clauses in relation to:

  • your use of the Website;
  • your use of any information contained on the Website and/or shared on our Social Media Pages;
  • any products and services available from or through the Website, including those purchased by phone or email; and
  • both your and our liability and obligations in respect of the above.

These Terms also refer to the following policies, guidelines, and rules, which will also apply and are deemed incorporated into these Terms:

Part 1 of the Terms will apply if you visit the Website, whether as a guest or registered Customer, and irrespective of whether you purchase any products or services.

Part 2 of the Terms will additionally apply to you if and to the extent that you purchase certain products or services.

Your attention is particularly drawn to the following clauses:

  • 1 (Acceptance of Terms)
  • 4.1 (status of information provided)
  • 4.2.2 (indemnity in relation to unauthorised use of your account)
  • 4.3 (Content Indemnity)
  • 4.8 (No warranties or guarantees)
  • 7 (Limitation of our liability in respect of your use of the Website)
  • 9.4 (indemnity in relation to third-party personal data)
  • 16.2 (service exclusions)
  • 17.3 (indemnity in relation to information provided)
  • 20 (Limitation of our liability in respect of the Services)
  • 32 (Force Majeure)
  • 33 (Consent to use your information and details)

Part 1: General Terms

This Part 1 applies to all users of the Website, whether a registered Customer or not, and irrespective of whether any products or services are purchased.

1. Acceptance of Terms

By using our Website and/or purchasing any products or services, you confirm that you accept and agree to comply with:

  • these Terms;
  • all policies, guidelines and rules referred to within these Terms; and
  • any additional terms we may draw to your attention to, prior to your purchase of any products or services from or via this Website, by phone or by email.

If you do not agree with any of the above, you must not use the Website or purchase any products or services.

2. Information About Us

This Website is operated by Ginkgo Advisory Limited. Ginkgo Advisory Limited is a private limited company registered in England and Wales under company number 16663171, and its registered office is situated at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF.

You can find information on how to contact us here.

3. Definitions

Intellectual Property Rights: means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Social Media Pages: means social media pages owned or operated by us from time to time;

Terms: means the terms and conditions set out on this web page inclusive of both Part 1 and Part 2 where applicable;

Website: means ginkgoadvisory.com and all associated web pages;

we, us, our and ourselves: are each references to Ginkgo Advisory Limited, unless the context requires otherwise; and

you and your: are each references to the user and/or Customer and/or Intermediary visiting the Website or requiring our Services as applicable.

4. Use of the Website

  • 4.1 The information on our Website is not professional advice
    • We are not a legal or other professional practice. All material, information, content or similar on the Website and our Social Media Pages, including in connection with or provided as part of any services we provide, is provided for general information purposes only and does not and is not intended to constitute legal, accounting or professional advice of any other kind. It cannot and should not be relied upon as such. Should you require professional advice, you must obtain this from an appropriately qualified professional before taking, or refraining from, any action and particularly before purchasing any of the products or services available or advertised on the Website. These Terms do not establish a solicitor-client relationship or any other fiduciary duty. Your use of the Website, its content and any services will not, to the fullest extent permitted by law, be interpreted as creating any duty of care or any other obligation between us and you or between us and any third party. We shall have no liability for any claims or losses which arise due to your non-compliance with this clause.
  • 4.2 Creating an account with us
    • 4.2.1 The Website allows you to create and register an account with us to gain greater access privileges and purchase products or services. If you choose to register with us, you are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it – under no circumstances should you disclose your account information to anyone else. You agree to immediately notify us of any security breach of your account by sending an email to info@ginkgoadvisory.com and using the subject heading “Account Breach”. You shall remain liable for any losses arising out of the unauthorised use of your account, and you agree to indemnify us for any loss or damage we may incur directly or indirectly resulting from such unauthorised use.
    • 4.2.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the clauses of these Terms.
  • 4.3 Public comments & user generated content
    • 4.3.1 You accept that any comments posted by you on our Website and/or Social Media Pages can be viewed by the public, and that we have no control over, or liability for, the way in which this information is used by any third-party who views your comments.
    • 4.3.2 You acknowledge that our Website may include information and materials uploaded by other users of the Website, including links to Social Media Pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. Should you wish to report any user generated content and/or comments you can contact us here.
    • 4.3.3 We have the right to remove any posting you make on our Website and/or our Social Media Channels if, in our sole opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
    • 4.3.4 Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights to your content, but you are required to grant us a free of charge licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 8.1 (Your licence to us).
  • 4.4 Content Indemnity
    • Whenever you make use of a feature that allows you to upload content to our Website, or to contact other users of our Website, you must comply with the standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards and does not infringe any third-party Intellectual Property Rights. You will be liable to us and shall indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the standards set out in our Acceptable Use Policy.
  • 4.5 Back Ups
    • You are solely responsible for securing and backing up your content.
  • 4.6 Additional Users
    • You must ensure that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  • 4.7 Withdrawal & Suspension
    • We reserve the right to withdraw or suspend your right to access or use the Website without liability at any time without prior notice and without disclosing our reason for doing so. We may also update, amend, or withdraw any services that we offer on our Website without prior notice. We shall have no liability to you if we choose to do this, and in particular where changes in the law render or are likely to render any of our services or part of them, unlawful, or would adversely increase our level of risk, we shall be entitled to withdraw such services or part thereof immediately at any time without liability.
  • 4.8 No warranties or guarantees
    • We do not warrant, represent, or guarantee that our Website will be uninterrupted, secure, or free from bugs, errors, defects, or viruses or that any defects will be corrected. In addition, we do not warrant, represent, or guarantee that the Website, or server that makes it available, are free of viruses or anything else which may be harmful or destructive. You are responsible for configuring your information technology, computer programmes and platform to access our Website and using your own virus protection software.
  • 4.9 Restrictions on use
    • 4.9.1 You must not misuse our Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
    • 4.9.2 You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising, or attempting the use of):
      • any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information, or services accessed via the same; and
      • any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.

These clauses should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

5. Links to third-party websites and services

  • 5.1 The Website, and in particular our blog articles, may contain links, buttons and banners that redirect you to third-party resources and websites that may be of interest. The inclusion of any link does not mean we endorse the site or have any association with its operators, nor should the inclusion of any link be viewed as an encouragement to purchase or use any third-party products or services – we provide these links to you for information purposes and convenience only.
  • 5.2 Linked websites are not under our control and we are not responsible for the contents of any linked website including, without limitation, any link contained within a linked website, or any changes or updates to a linked website. We are not responsible or liable for the privacy of your personal information on any linked website, any webcasting or any other form of transmission received from any linked website.
  • 5.3 These Terms do not cover your interaction with linked websites; therefore, you should carefully review the terms and conditions and privacy policies of any third-party sites you visit. Your use of any linked website is at your own risk.
  • 5.4 Certain services made available and/or advertised via the Website are delivered by third parties. By using any product, service or functionality originating from the Website domain, you acknowledge and consent that we may share your information and data, including personal data, with any third-party with whom we have a contractual relationship to provide the requested product, service, or functionality.

6. Operation of the Website

  • 6.1 We aim to update the Website regularly, but we cannot guarantee that information will be accurate, complete, and current at all times. We may update this information when necessary, and all information on the Website is subject to such modification from time to time without notice. We make no representations, guarantees, warranties or undertakings of whatever nature about the information, content or materials provided on the Website. This includes, without limitation, as to the quality, accuracy, completeness, and reliability of the information.
  • 6.2 We do not warrant or represent that content available on or through our Website is appropriate for use or available in jurisdictions other than England and Wales.
  • 6.3 We will use reasonable efforts to keep the Website available to you, but it is subject to ongoing updates and improvements, and we reserve the right to change or remove (temporarily or permanently) the Website, or any part of it, including any and all products, services, or prices, without prior notice. By accepting these Terms, you confirm that we shall not be liable to you for any such changes or removals that may take place.

7. Limitation of our liability in respect of your use of the Website

  • 7.1 The Website is provided free of charge and on an “AS IS” and “AS AVAILABLE” basis without any representation made and without warranty of any kind – whether expressed or implied – including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
  • 7.2 Any and all liability to you that may arise from your access to, and use of, the Website – whether due to negligence, breach of duty or otherwise – is excluded to the maximum extent permitted by law. Where any such liability cannot legally be excluded then, to the extent legally possible, our total liability to you shall be capped at £200.
  • 7.3 Nothing in these Terms shall be construed so as to exclude or limit our liability where it would be unlawful to do so including for death or personal injury as a result of our negligence or that of its employees or agents and for fraud or fraudulent misrepresentation.
  • 7.4 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in Part 2 of these Terms.
  • 7.5 We exclude all implied conditions, warranties, representations, or other terms that may apply to our Website or any content on it.
  • 7.6 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our Website; or
    • use of or reliance on any content displayed on our Website.
  • 7.7 In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill, or reputation; or
    • any indirect or consequential loss or damage.

8. Intellectual Property

  • 8.1 Your licence to us: When you upload or post content to our Website or our Social Media Pages, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the services advertised or provided by and/or through the Website and across different media including to promote the Website or the services provided on or through it.
  • 8.2 You agree that we have the right to disclose your identity to any third-party who is claiming that any content posted or uploaded by you to our Website, or our Social Media Pages constitutes a violation of their Intellectual Property Rights or of their right to privacy.
  • 8.3 We are the owner or the licensee of all Intellectual Property Rights in our Website, and in the material published on it. All such rights are reserved.
  • 8.4 You are only permitted to view, copy, and print extracts from this Website for your own personal use; however, all rights, intellectual or otherwise, will remain with us and do not pass to you. Should you wish to use any content on the Website for any other purpose, please contact us.
  • 8.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • 8.6 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged except where the content is user-generated.
  • 8.7 You are not permitted to sell or re-sell anything available from the Website, other than to the extent expressly permitted in accordance with any product or service you have purchased, where such permission is either expressly granted or in a circumstance in which it is a necessary attribute of the product or service concerned.
  • 8.8 If you print off, copy, download, share or repost any part of our site in breach of these Terms, your right to use our Website will cease immediately. You must, at our option, return or destroy any copies of the materials you have made and promptly pay to us any financial gain you have made as a direct or indirect result of your breach of these Terms.

9. Your Privacy and Data Protection

  • 9.1 We respect your confidentiality and take the protection of your personal data very seriously. We do not sell or make your data available to any third-party without your prior consent.
  • 9.2 You must ensure that all personal information provided to us is up to date and correct. You may alter or update any personal information provided to us as part of registration on the Website at any time by logging into your account.
  • 9.3 For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy available here. You must review our Privacy Policy in full before using the Website or purchasing any products or services, and if you have any queries about the manner in which we process personal data, or your rights in relation to such processing, please contact us.
  • 9.4 You warrant and represent to us that, if you have provided us with personal data relating to a third-party: (a) you have in place all necessary and appropriate consents and notices to enable lawful transfer of such personal data to us, and (b) that you have brought to the attention of any such third-party the Privacy Policy available on our Website or have otherwise provided a copy of it to the third-party. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

10. Linking to our Website

  • 10.1 You may link to any of our webpages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • 10.2 You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
  • 10.3 You must not establish a link to our Website in any website that is not owned by you.
  • 10.4 Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  • 10.5 We reserve the right to withdraw linking permission without notice and without liability.
  • 10.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
  • 10.7 If you wish to link to or make any use of content on our site other than that set out above, please contact us here.

11. No Third-Party Rights

No person who is not a direct party to these Terms or any agreement covered by these Terms shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the clauses within them, except where expressly stated.

12. Variation of these Terms

Changes to these Terms may be made by us at any time. Your use of the Website and the purchase of products or services are also subject to any such changes. You accept personal responsibility to check if any changes have been made to these Terms every time you visit the Website or purchase products or services from us. Your continued use of the Website, products or services will be deemed acceptance of any updated version of these Terms.

13. Miscellaneous

  • 13.1 If any clause of these Terms is held to be unlawful, invalid, or unenforceable, that clause shall be deemed severed, and the validity and enforceability of the remaining clauses shall not be affected.
  • 13.2 In the event of there being any conflict between Part 1 (General Terms) and Part 2 (Service Specific Terms), Part 2 (Service Specific Terms) shall prevail.
  • 13.3 A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by us to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
  • 13.4 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under these Terms. However, you may not do so without our prior written consent. Should we decide to transfer any of our rights or obligations under this clause, will let you know.
  • 13.5 These Terms and all other documents, information, policies, and regulations referred to within them constitute the entire agreement between us in relation to your access and/or use of our Website and any purchase you make through or in relation to it. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by us or on our behalf which is not set out in these Terms, or any other documents, information, policies, and regulations referred to within them and that you have no claim for innocent or negligent misrepresentation or negligent misstatement.

14. Governing Law & Jurisdiction

  • 14.1 If you are a business, these Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Part 2: Service Specific Terms

This Part 2 is applicable to any purchases of products or services made through the Website and any subsidiary pages or by phone or email. They must be read and agreed to in full, together with the Part 1: General Terms and Conditions above, which apply to any agreement between us and to your use of the Website in general.

15. Definitions

Except where expressly stated otherwise, all definitions referred to in Part 1: General Terms shall apply to this Part 2: Service Specific Terms. In addition to this, the following definition shall apply in this Part 2: Service Specific Terms:

Customer: Customer means the company to whom we are providing the Services.

Services: means the services advertised on our Website as available for purchase, including but not limited to those set out in clause 16.1; and

Working Day: means a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business;

16. Our Services

  • 16.1 We are currently offering the following products and services as individual services or as packages:
    • Services to include but not limited to:
      • Certified True Copy Services; Legalisation Services; Apostille Services, Consulate Attestation Services; Various services as displayed on the Website from time to time;
  • Please note that this list is not exhaustive and the services we offer may change from time to time.
  • 16.2 Our Services do not include any of the following:
    • Accountancy advisory services
    • Tax advice
    • Auditing of your books
    • Filing of annual accounts – excluding filing dormant company accounts at Companies House (DCA)
    • Legal advice
    • Advice regarding the suitability or adequacy of any Services (including but not limited any company you may purchase from us for your intended purposes)
    • Any other services not expressly mentioned.
    Any documents, including but not limited to, any templates used or provided in respect of the Services have been created with reference to the most basic and usual circumstances in which they would generally be used and are not bespoke documents tailored for individual use.
  • 16.3 We will perform the Services using reasonable care and skill.
  • 16.4 These Terms do not establish a solicitor-client relationship or any other fiduciary duty. Your use of the Website, its content and any Services will not, to the fullest extent permitted by law, be interpreted as creating any duty of care or any other obligation between us and you, or between us and any third party. We strongly recommend that you seek independent advice before ordering any of our Services. If you have not yet taken such advice, we would advise you do not proceed with any purchase until you have done so. We will not be liable for any claims or losses which arise due to your failure to take appropriate advice. You must use your skills, knowledge and judgement to the fullest extent possible when using the Website, its content and any Services.
  • 16.5 If you purchase any document or template from us and you are an Intermediary, you must ensure that you will not be in breach of the Legal Services Act 2007 by preparing it. You are solely responsible for checking and considering whether it is legal for you to do so.
  • 16.6 [Deleted]
  • 16.7 More information about our Services can be found on the dedicated pages of our Website. You are solely responsible for ensuring that you have read and understand this information before purchasing any Service. In the event that any information in relation to the specification and/or price of the Services conflicts with these Terms, the pages of our Website shall prevail.
  • 16.8 We provide a variety of Services. You will be informed of the nature of the Services prior to purchase. If you are uncertain about the nature of any Service, please contact us prior to purchase.
  • 16.9 We reserve the right to update, amend, or withdraw the Services (or part of them) that we offer without prior notice or explanation. We shall have no liability to you if we choose to do this. This includes but is not limited to circumstances where changes in the law render, or are likely to render any of our Services or part of them, unlawful, or would adversely increase our level of risk.
  • 16.10 Where any of our Services refer to third-party partners or we provide you any advertising, referrals, discounts, links or similar in relation to any services provided by third-party partners, then the third-party partner’s own terms and conditions will apply, and you should ensure that you have read them in full before going ahead. We shall have no liability in respect of any third-party services and any referral or similar is provided for your convenience only. You can find out more about our third-party partners on our Website.

17. Making an Order

  • 17.1 [Deleted]
  • 17.2 [Deleted]
  • 17.3 For the avoidance of doubt, unless otherwise agreed in writing by us, no natural person shall be our Customer in respect of the Services. In circumstances, where a natural person makes an order on behalf of a Customer, that natural person shall be deemed to be the lead contact for the Customer, but not the Customer itself.
  • 17.4 [Deleted]
  • 17.5 Where you make an order for Services to be provided to a Customer, you warrant and represent that you are duly authorised to make that order on behalf of the Customer as its agent and agree that we may treat you as the lead contact for that Customer.
  • 17.6 It is your responsibility to ensure you read all information related to and fully understand these choices before proceeding with any purchase of them. Should you have any queries regarding our Services, or any aspect of your order, we strongly recommend that you contact us. Whilst we will endeavour to provide a prompt response to your enquiry, we cannot guarantee to do so in every instance. It therefore remains your responsibility to elicit further information from us regarding the Services you intend to order before the order is placed.
  • 17.7 All orders that you place through the Website or by phone or email are deemed to be an offer by the Customer to purchase the Services, subject to these Terms and our acceptance of the order. We may choose to reject, refuse, or cancel any order without disclosing our reason for doing so. Where we refuse, reject, or fail to process an order, we will let you know but shall have no liability in relation to the refusal, rejection or failure save for where you have already paid fees to us in respect of the cancelled order in which case, we will refund such fees.
  • 17.8 We only provide any of our Services on the basis that you have given us full and proper instructions and you have given us the authority to lawfully carry out those instructions. You warrant and represent to us that you do in fact have this authority and that the information you provide to us is accurate, complete, and not misleading. You accept any and all liability for the delay or rejection of any Services or documents due to inaccuracies or incompleteness. Should we incur any loss as a result of your breach of this warranty, you shall indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising directly or indirectly from such breach.
  • 17.9 Where orders are made for our review, this review will not extend to reviewing or inspecting documents uploaded to our Website – it is your responsibility to ensure completeness, compliance, and accuracy of all such documents prior to their submission.
  • 17.10 If any of the Services are cancelled, terminated, or expire as a result of you failing to make any required payment, you are liable for any associated costs arising out of your failure to make the payment.

18. Charges & Payment

  • 18.1 The price of any Services that you may purchase from us is set out under the relevant service option you select on our Website. Where you place an order by phone or email, we will confirm with price with you before an order is made. Unless otherwise stated, all prices exclude VAT, which will be payable by you at the prevailing rate on the date of purchase of the Services.
  • 18.2 We generally charge you when you place your order. However, for some products we take payment at regular intervals, as explained below under “continuous payment authorisation”.
  • 18.3 Subject to any additional charges or variations in price in accordance with these Terms, the total purchase price, including VAT (if any), will be displayed in your shopping cart prior to you confirming the order.
  • 18.4 [Deleted]
  • 18.5 If the rate of VAT changes between your order date and the date we supply the Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
  • 18.6 If we are unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate at the time interest is charged, but at 4% a year for any period when that base rate is below 0%. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
  • 18.7 We reserve the right to update the prices of any Services without prior notice or explanation. Every effort is made to ensure that all prices displayed on the Website are correct; however, in the event of serious error, any transaction shall be voided by us, entitling you to a full refund.
  • 18.8 You must pay all amounts due to us in connection with the Services in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • 18.9 Continuous payment authorisation
  • 18.9.1 Your acceptance of these Terms means you are granting us continuous payment authority of the card used to purchase the original Service (or an alternative one, if supplied), for the following:
    • Renewable services – fees due will be processed on the card originally used to purchase the service (or an alternative, if supplied) on the date of expiry of the service period. Should you wish to cancel the service you must send notice to 
      info@ginkgoadvisory.com.
    • Mail forwarding services – the cost of postage and handling fees will be taken on the card used to purchase the service (or an alternative if supplied), but will be processed automatically on a monthly basis.
    • [Deleted]
    18.9.2 You must have an active card with adequate funds attached to your account at the time of payment collection. If you fail to meet this requirement, interest will be applied as outlined in these Terms, and the corresponding Services will be terminated immediately.

19. Refunds: General

  • 19.1 The following clauses will apply in addition to any express right to a refund as stated in these Terms, but will be subject to any exclusions contained within these Terms.
  • 19.2 [Deleted]
  • 19.3 You will not be entitled to a refund where we cancel any Service due to your failure to supply proof of ID and proof of address as required by these Terms and as necessary to ensure we fulfil our obligations regarding the current Anti-Money Laundering regulations and KYC requirements.

20. Limitation of our liability in respect of the Services

  • 20.1 References to liability in this section include every kind of liability arising under or in connection with Part 2: Service Specific Terms including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
  • 20.2 Nothing in this clause 20 shall limit your payment obligations for any Services.
  • 20.3 Nothing in the Part 2: Service Specific Terms limits any liability which cannot legally be limited, including but not limited to liability for:
    • death or personal injury caused by negligence;
    • fraud or fraudulent misrepresentation; and
    • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • 20.4 Subject to 20.3, our total liability to you in respect of a breach of this Part 2: Service Specific Terms, or any representation given in connection with providing our Services to you, whether in contract, tort (including negligence) statute or otherwise shall be limited to the higher of (1) £200 and (2) the aggregate annual fees paid for the Services, excluding any postage fees.
  • 20.5 The following types of losses are wholly excluded (without limitation) under this Part 2: Service Specific Terms:
    • loss of profits
    • loss of sales or business
    • loss of agreements or contracts
    • loss of anticipated savings
    • loss of use or corruption of software, data, or information
    • loss of or damage to goodwill; and
    • indirect, special or consequential loss
  • 20.6 To the fullest extent legally possible, we exclude all implied conditions, warranties, representations, or other terms that may apply to our Services.
  • 20.7 Throughout the provision of the Services, you may be presented with further caveats and disclaimers together with a summary of any assumptions we have made to provide the Services or any aspect of them. These caveats and disclaimers shall be binding and we shall have no liability in respect of any losses you incur as a result of your failure to read them in full and take them into account.
  • 20.8 We, our agents, employees, contractors and subcontractors, shall have no liability in relation to any losses of whatever nature incurred by you or any third-party whether direct or indirect in relation to:
    • 20.8.1 any use or inability to use, unsuitability of, reliance on or errors in any template, document or other material available in connection with the Services and/or through our Website; or
    • 20.8.2 any alteration, addition, completion or filing of any template, document or other material available in connection with the Services and/or through our Website whether by you or any third-party.
  • 20.9 We will have no liability of whatever nature for errors or omissions in documents that are uploaded, or not uploaded to our Website by you, or for any such documents which are subsequently rejected by any authorities.
  • 20.10 Where we use any third-party services or suppliers to provide the Services, we shall have no liability of whatever nature in respect of any losses whatsoever incurred by you as a result of delay, failure, errors or otherwise in respect of any of the third-party services.
  • 20.11 We will have no liability if we use information you have provided to us in accordance with clause 23.2.5.
  • 20.12 We will also have no liability in respect of any errors or omissions in documents that we have prepared for you in the provision of Services, where you have provided such incorrect or erroneous information to us, and we have acted in reliance on that information.
  • 20.13 For the avoidance of doubt and without limiting the effect of the clauses above, we shall, in particular, have no liability in respect of:
    • 20.13.1 any rejection or problems arising due to the documents not meeting the legal requirements. It is your responsibility to ensure all documents meet the legal requiremetns;
    • 20.13.2 any errors or omissions in the information you provide to us, or for any such application which is subsequently rejected by the relevant authorities;
    • 20.13.3 any problems which may arise due to your choice of procedures and/or documents;
    • 20.13.4 your documents being rejected for any reason that is not within our control, or following the cancellation or expiry of the Services you have purchased; or
    • 20.13.5 the failure by you to meet your requirements following our actions.
  • 20.14 For the avoidance of doubt and without limiting the effect of the clauses above, in respect of any service we shall, in particular, have no liability in respect of:
    • 20.14.1 any losses incurred due to any act, omission, neglect, or delay by us, or our employees or agents, in the process;
    • 20.14.2 any mail that fails to be delivered to our offices; or
    • 20.14.3 any mail after it has been handed to Royal Mail or our nominated courier for delivery to your preferred forwarding address.
  • 20.15 For the avoidance of doubt and without limiting the effect of the clauses above, we shall, in particular, have no liability in respect of:
    • 20.15.1 any problems which may arise due to your choice or document; or
    • 20.15.2 any actions the director(s) may take in relation to your choice or document.
  • 20.16 For the avoidance of doubt and without limiting the effect of the clauses above, we shall, in particular, have no liability in respect of the refusal or failure of any authorities to provide you with any documents.
  • 20.17 For the avoidance of doubt and without limiting the effect of the clauses above, we shall, in particular, have no liability in respect of:
    • 20.17.1 your obligations or the duties imposed on you to deliver documents to any authorities;
    • 20.17.2 determining when filings should take place and what content should be filed;
    • 20.17.3 any errors or omissions in the information you provide to us, or for any filing which is rejected by any authorities based on such information; or
    • 20.17.4 any fines imposed on you for a breach of any rules or regulations.

21. Intellectual Property

  • 21.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by you) shall be owned by us.
  • 21.2 You grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the purpose of providing the Services to you.

22. ID Requirements

  • 22.1 By accepting the terms in this Part 2: Service Specific Terms, you are granting us authority to carry out a ID verification for the purposes of checking your identity and address. You acknowledge and accept that a record of the search will be retained.
  • 22.2 Should we be unable to successfully verify your identity and address using our ID verification process, we will require you to provide proof of your identity and address in the form of certified copies of the original documents to satisfy our procedures. Failure to comply with any request for such documents may result in the cancellation of the Services.
  • 22.3 We have a responsibility to carry out due diligence checks from time to time on our Customers to which we provide ongoing Services. Should any of our checks result in the discovery of illegal or unethical activities, we reserve the right to terminate any of our Services without notice and without any liability whatsoever including, but not limited to, without refund.
  • 22.4 We also have an obligation to meet the requirements of ‘Know Your Customer’ (KYC) and you may be asked to complete a short questionnaire on the business activity or activities of your company and the reason for your business relationship with us. Should any of the answers you have given change, you must notify us as soon as possible.
  • 22.5 [Deleted]
  • 22.6 [Deleted]
  • 22.7 [Deleted]
  • 22.8 We may, at any time, in our absolute discretion, request from you such documents, information or evidence as we, in our absolute discretion, determine may be necessary to satisfy ourselves that we have fully discharged our obligations under legislation, codes and regulations. Should you fail to provide any material requested in accordance with this clause, we may terminate any and all Services, partially or wholly, with immediate effect and without liability.

23. [Deleted]

24. [Deleted]

25. [Deleted]

26. [Deleted]

27. [Deleted]

28. [Deleted]

29. Termination

  • 29.1 The Customer may terminate any of the Services which are sold on an annual basis by giving us 30 calendar days’ written notice. Where the Customer does so, the Customer shall not be entitled to any refund.
  • 29.2 We may terminate the provision of any of the Services without liability to the Customer immediately on giving notice to the Customer if:
    • the Customer fails to pay any amount due for the Services; or
    • the Customer does not, within a reasonable time of us asking for it, provide us with information, cooperation, or access that we need to provide the Services or any part of them; or
    • the Customer commits a breach of any of these Terms and (if such a breach is remediable) the Customer fails to remedy that breach within 14 calendar days of being notified of the breach; or
    • the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due; or
    • the Customer fails to comply with any laws applicable to it; or
    • the Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
    • you or the Customer fails to comply with our KYC procedures and policies. For the avoidance of doubt, this includes any breach of clause 22.8 in relation to the provision of any requested materials; or
    • in our sole discretion, we deem that any association with the Customer or any connected director, shareholder or representative presents a reputational risk to us; or
    • we are required to terminate the provision of Services in accordance with the law.
  • 29.3 In addition to the above, we may terminate the Services without liability at any time and in our absolute discretion unless explicitly stated otherwise within these Terms.
  • 29.4 Our packages contain a variety of different Services. We may immediately terminate or cancel the provision of any such Services, or part of them, where providing or continuing to provide them would pose the risk that we are acting unlawfully, or put us in breach of our compliance policies. If this happens, you may be entitled to a reasonably proportionate refund (as determined at our sole discretion) of fees paid for the Services which you have not received. This does not limit our termination rights as set out in the above clauses.

30. Notices

  • 30.1 This clause applies where these Terms provided expressly or by implication for the service of notices but does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  • 30.2 All notices shall:
    • 30.2.1 be written and in the English language;
    • 30.2.2 be signed by or on behalf of the party giving it and for the avoidance of doubt an email signature shall suffice;
    • 30.2.3 be sent by one of the methods set out in paragraph 29.3; and
    • 30.2.4 be deemed received as set out in paragraph 29.4.
  • 30.3 Notices may be sent:
    • 30.3.1 by first class pre-paid post or hand delivery provided any letter is addressed as follows:
    • To us: FAO The Director, Ginkgo Advisory Limited, 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF
    • To you: FAO [Your Name] at your registered address, or if there is no registered office address, the residential address you have provided to us; or
  • 30.3.2 by email to us at info@ginkgoadvisory.com and to you at any email address you have provided to us.
  • 30.4 Notices will be deemed to have been received:
    • 30.4.1 if delivered by hand, at the time the notice is left at the address;
    • 30.4.2 if sent by pre-paid first-class post, at 9.00am on the second Working Day after posting;
    • 30.4.3 if sent by email, at the time of transmission as noted on the sender’s device provided that the email has been sent to the correct email address and no error or undeliverable message has been received.
  • 30.5 If deemed receipt would occur outside business hours in the place of receipt, it shall be deferred until business hours resume. In this clause business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
  • 30.6 Both you and us may change the details to which notices must be sent by giving each other notice, the change taking effect for the party notified of the change at 9.00am on the later of:
    • (a) the date, if any, specified in the notice as the effective date for the change; or
    • (b) the date five Working Days after deemed receipt of the notice.

31. Confidentiality

  • 31.1 Both us and you undertake that we shall not at any time and for a period of two years after termination or expiry of the Services disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, except as permitted below and in our case, where such confidential information includes personal data, in accordance with the Privacy Policy.
  • 31.2 Each of us may disclose the other’s confidential information:
    • to its employees, officers, representatives, contractors, subcontractors, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Part 2: Service Specific Terms. Each of us shall ensure that its employees, officers, representatives, contractors, subcontractors, or advisers to whom we disclose the other party’s confidential information comply with this section; and
    • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  • 31.3 Neither of us shall use the other’s confidential information for any purpose other than to perform its obligations in connection with the Services.

32. Force Majeure

  • 32.1 In connection with the Services ordered by you through the Website, by email or by phone, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. Such circumstances include – though are not limited to – acts of God; strikes; lock outs; pandemic; accidents; war; acts of terrorism; fire; or failure of any communications, telecommunications, or computer system. We shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations), should an event outside of our reasonable control occur.
  • 32.2 If an event to which this clause applies does occur, we agree to notify you as soon as practicable. If the event continues for more than 14 Working Days, you and we shall have the right to cancel the Services. Where Services have been paid for in advance but have not been provided, you will be entitled to a full refund from the date of cancellation for all such Services. Where part of the Services have been provided, you will remain liable to make payment in respect of that part.
  • 32.3 [Deleted]

33. Consent to use your information and details

  • 33.1 Your acceptance of this Part 2: Service Specific Terms means you are granting us authorisation to verify your identity and address. A record of all searches will be retained.
  • 33.2 Trustpilot or similar third-party organisation help us proactively collect reviews from our Customers. By agreeing to this Part 2: Service Specific Terms, you are also agreeing to have your information (name, email address and order number) temporarily shared with Trustpilot or similar third-party organisation, to allow them to send you this invitation. If you choose to use Trustpilot or similar third-party organisation to provide us with review, the terms, and conditions of Trustpilot or similar third-party organisation will apply. We do not accept any liability for breach of services provided by Trustpilot or similar third-party organisation.
  • 33.3 Any personal data shared with third parties as mentioned above, will be governed by the Privacy policy, accessible here.

34. Complaints

  • 34.1 All complaints will be dealt with in accordance with our Complaints Policy. For more information on how we handle complaints or how to make one, please see here.

35. [Deleted]

36. [Deleted]

Ginkgo Advisory Acceptable Use Policy

Please read the terms of this policy carefully before using the site.

This policy sets out the rules that apply when you upload any content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way. It must be read alongside Part 1 and Part 2 of our terms and conditions.

Section A: Restrictions on use

  • 1. You may not use our site:
    • if you are under 16 years of age.
    • in any way that breaches any applicable local, national or international law or regulation.
    • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. This includes but is not limited to purchasing any of our products or services where the purpose of doing so is to mask or carry out any unlawful activity.
    • for the purpose of harming or attempting to harm minors in any way.
    • to bully, insult, intimidate or humiliate any person.
    • in any way which we deem unethical.
    • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • in any way that involves child sexual exploitation or abuse.
    • to upload terrorist content.
    • in any other way which is likely to bring our reputation into disrepute.
  • 2. In addition, you agree not to:
    • reproduce, duplicate, copy or re-sell any part of our site in breach of our terms and conditions.
    • access without authority, interfere with, damage or disrupt:
      • any part of our site;
      • any equipment or network on which our site is stored;
      • any software used in the provision of our site; or
      • any equipment or network or software owned or used by any third-party.

Section B: Content standards

These standards apply to any and all material which you contribute to our site (User Content), for example, any comments you leave on our blogs.

These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any User Content as well as to its whole.

Ginkgo Advisory Limited will determine, in its discretion, whether any User Content breaches these standards.

  • 1. All User Content:
    • must be accurate;
    • only contain opinions that are genuinely held and not unethical;
    • must comply with the law applicable in any country from which it is posted and to which the website is targeted.
  • 2. User Content must not:
    • Be defamatory, obscene, offensive, hateful or inflammatory.
    • Bully, insult, intimidate or humiliate.
    • Encourage, promote or provide instructions for deliberate self-harm or suicide.
    • Promote sexually explicit material.
    • Include child sexual abuse material.
    • Incite violence or hatred against particular groups.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or xenophobia.
    • Infringe any copyright, database right or trade mark of any other person.
    • Include material that might impair the physical, mental or moral development of persons under the age of 18.
    • Be likely to deceive any person.
    • Breach any legal duty owed to a third-party, such as a contractual duty or a duty of confidence.
    • Contain illegal content or promote any illegal content or activity.
    • Be in contempt of court.
    • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Impersonate any person or misrepresent your identity or affiliation with any person.
    • Give the impression that the Contribution emanates from Ginkgo Advisory Limited if this is not the case.
    • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
    • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
    • Contain any advertising or promote any services or web links to other sites unless explicitly agree in writing with us.

Section C: Breach of this policy

  • 1. When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate.
  • 2. Failure to comply with this policy constitutes a material breach of our terms and conditions and may result in our taking all or any of the following actions:
    • Immediate, temporary or permanent withdrawal of your right to use our site.
    • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  • 3. We shall not be liable for any action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
en_GBEnglish
zh_CNChinese en_GBEnglish