Terms and Conditions
Effective Date: 24th March 2025
Last Updated: 24th March 2025
By accessing, browsing, or making a purchase at www.jameswboyce.com (the “Site”), you (“you” or “the user”) acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms”). Please read them carefully.
1. INTRODUCTION
1.1 Parties
• I am James Boyce, operating under the UK-registered company Boyce Property Services Ltd. (Company Number: 06258012) (together referred to as “I” or “the company”).
• The Site is located at www.jameswboyce.com (including any subdomains or services linked thereto).
1.2 Scope
• These Terms govern all users of the Site, including those who purchase financial research reports or other digital products, subscriptions, or services (collectively, the “Services”).
• Business/Professional Use: The Site’s offerings are intended primarily for business and professional use (e.g., wealth managers, high-net-worth individuals). They are not intended for general consumer use. If you are not acting in a business/professional capacity, you acknowledge that certain consumer protections may not apply.
2. USER ELIGIBILITY
2.1 Age Restriction
• You must be at least 18 years old to access or use the Site and to enter into any contracts or purchases.
• This Site is not intended for minors. If a minor has used this Site or made a purchase without authorisation, please contact me immediately.
2.2 Business Purpose
• By accessing or purchasing from the Site, you represent that you are using the Services for business, professional, or investment-related purposes. If, notwithstanding this, a court deems you a consumer, certain statutory consumer rights may still apply (see Clause 11).
2.3 Compliance with Local Laws
• I operate under the laws of England and Wales, but you acknowledge and accept responsibility for ensuring compliance with any local regulations or laws in your jurisdiction, including export control rules.
3. ACCEPTANCE OF TERMS
3.1 Agreement by Use
• By accessing, browsing, creating an account, or purchasing through the Site, you accept these Terms.
• If a click box is provided at checkout or account registration, your ticking that box constitutes acceptance. If, for any reason, the click box is not displayed or malfunctions but you still manage to purchase or access the Site, you agree that completing your purchase or continued use constitutes acceptance of these Terms.
3.2 Future Amendments
• I reserve the right to amend or update these Terms at my sole discretion. A banner, pop-up, or email notification to registered subscribers will be provided for significant changes. Such notifications or banners will typically be displayed for a reasonable period (e.g., 14 days) or as required by law.
• Continued use of the Site after any update signifies your acceptance of the revised Terms.
4. SERVICES AND PRODUCTS
4.1 Nature of Services
• I provide financial research reports, digital content, consultancy (future offering), talks, courses, and potential subscription plans (collectively, the “Services”).
• All research is general information and does not constitute personal financial advice or a financial promotion under the Financial Services and Markets Act 2000 (“FSMA”), unless otherwise indicated.
4.2 Delivery of Digital Products
• Digital products (e.g., research reports) are typically delivered via an immediate download link or email with a download link. In some cases, delivery may take up to 24 hours due to technical or administrative processes.
• New Versions of a report are sold separately unless otherwise specified.
4.3 Future Expansion
• I may offer additional services (e.g., affiliate marketing, live talks, events). Any new features or services shall also be subject to these Terms unless stated otherwise.
5. PRICING, PAYMENTS, AND TAXES
5.1 Currency & Taxes
• All prices are listed in GBP (£). I am not currently VAT-registered, but I reserve the right to modify pricing and tax treatment if the company becomes VAT-registered or if tax laws change.
5.2 Payment Methods
• The Site currently accepts Stripe payments, and I may implement PayPal or other gateways in future. You may be subject to the terms and conditions of those third-party payment providers. The company is not liable for their performance or for any payment processing errors.
5.3 Subscription Plans
• Subscriptions (if offered) will auto-renew at the end of the subscription period. Price changes (if any) will be communicated at least 14 days before the new price takes effect, and you will have the right to cancel before the new rate applies.
5.4 No Surcharges
• The company does not impose additional surcharges for credit card or PayPal transactions. However, your bank or payment provider may charge fees, for which I am not responsible.
6. REFUNDS, RETURNS, & CANCELLATIONS
6.1 Digital Products (Research Reports)
• Due to the nature of digital products, no refunds are offered once the digital report has been delivered, except in cases of technical issues or other exceptional circumstances, evaluated at my sole discretion, within 7 days of purchase.
6.2 Case-by-Case Refunds
• If you encounter technical difficulties or believe you are entitled to a refund, contact me at james@jameswboyce.com or via www.jameswboyce.com/contact.
• You may be asked to provide proof (e.g., screenshots, detailed explanation). I reserve the right to determine eligibility for refunds.
6.3 Subscription Cancellations
• Subscriptions may be cancelled at any time via the account settings on the Site. The subscription will continue until the end of the current billing cycle; no pro-rated refunds will be provided.
• If you are deemed a consumer, you may have certain rights under consumer law. However, due to the digital nature of the content and the professional context, you explicitly waive your statutory right to cancel after the download or streaming of the digital product has begun, to the fullest extent permitted by law.
7. CONSUMER LAW AND EXPLICIT WAIVER
7.1 Professional Use Only
• My reports and Services are offered with the intention of use by professionals and business entities. Consumer laws, including “cooling-off periods,” may not apply if you represent or warrant that you are acting in a business capacity.
7.2 Waiver of Cancellation Right
• If you are considered a consumer under UK/EU law and still proceed to purchase digital content, you expressly waive any 14-day cooling-off right once the download/access begins. This waiver is necessary to ensure immediate provision of digital content.
8. INTELLECTUAL PROPERTY
8.1 Ownership
• All materials, including digital reports, are protected by copyright held by me and/or Boyce Property Services Ltd. Unless explicitly stated, no licence is granted for reproduction, distribution, or derivative works.
8.2 Permitted Use
• You may use purchased reports or content for personal or internal business purposes only. You must not share these materials with third parties without my express written consent.
8.3 Prohibited Activities
• You shall not create derivative works, reverse engineer, resell, or otherwise exploit the content without prior permission.
• While I do not own registered trademarks for “JWB,” “Boyce Property Services Ltd.,” or “www.jameswboyce.com,” you acknowledge these names and any associated logos are protected from unauthorised use under applicable intellectual property laws.
9. USER CONDUCT & ACCOUNT SECURITY
9.1 Account Creation & Security
• Users may create an account (future functionality). You agree to provide accurate information, maintain strong passwords, and safeguard your login credentials.
• I shall not be liable for any loss or damage arising from unauthorised access to your account due to your negligence or failure to implement strong security measures.
9.2 Termination of Accounts
• I reserve the right to suspend or terminate any user account without notice for non-payment, misuse, copyright infringement, or any other breach of these Terms (or for any reason at my discretion).
9.3 Code of Conduct
• You agree to engage respectfully. No harassing, threatening, or defamatory comments; no misuse of the Site’s features.
10. DISCLAIMERS & LIMITATION OF LIABILITY
10.1 Investment & Financial Disclaimer
• All research and reports provided are general information only and do not constitute personalised investment advice. I am not regulated by the Financial Conduct Authority (FCA) and do not require FCA approval for these materials.
• Users are strongly advised to conduct their own due diligence and/or consult a regulated professional before making any financial decisions. There is no guarantee of the accuracy, reliability, or timeliness of the information provided.
10.2 No Warranties
• To the fullest extent permitted by law, the Site and Services are provided “as is” without warranties of any kind, whether express or implied, including fitness for a particular purpose or merchantability.
• I do not warrant that access to the Site will be uninterrupted, secure, or error-free.
10.3 Exclusion of Indirect/Consequential Damages
• I shall not be liable for any indirect, special, incidental, or consequential damages, including loss of profits, revenue, or data, whether based in contract, tort (including negligence), or otherwise.
10.4 Liability Cap
• In no event shall my total liability (or that of the company) exceed the price paid for the specific product or service.
• For subscription users: Liability shall be capped at one month’s subscription fee for the relevant subscription period in which the issue arose.
10.5 No Liability for Misuse
• You agree to indemnify and hold the company harmless against claims, damages, or losses resulting from your misuse, non-compliance, or violation of these Terms.
10.6 No Exclusion for Personal Injury or Death
• Nothing in these Terms excludes liability for death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.
11. CONSUMER STATUTORY RIGHTS
• If, notwithstanding Clause 2 (Business Use), you are deemed a consumer under applicable law, no provision of these Terms shall exclude any mandatory consumer rights or statutory guarantees that cannot be lawfully limited or waived.
• Any provisions purporting to limit consumer rights are effective only to the fullest extent permitted by applicable law.
12. TIME LIMIT FOR CLAIMS
• To the fullest extent permitted by law, you agree that any claim related to your purchase or use of the Services must be brought within 7 days from the date of delivery or the date the cause of action arises (whichever is earlier). Claims brought after 7 days are deemed waived and time-barred, except where such limitation is prohibited by law.
13. FORCE MAJEURE
• I am not liable for any failure or delay in performance of obligations where such failure results from causes beyond my reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, governmental actions, internet or power outages, or any other force majeure event.
14. AFFILIATE MARKETING & PROMOTIONAL OFFERS
14.1 Affiliate Disclaimer
• I may engage in affiliate marketing, whereby external links or promotions may yield a commission if you click or purchase through them. Such partnerships do not influence the neutrality or independence of my research.
14.2 Promotional Offers
• I may occasionally run promotional offers (e.g., discount codes, bundled deals). These offers are time-limited and can be modified or withdrawn at any time. Specific terms for each promotion will apply.
15. GOVERNING LAW & DISPUTE RESOLUTION
15.1 Governing Law
• These Terms are governed by and construed in accordance with the laws of England and Wales.
15.2 Jurisdiction & Arbitration
• You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any dispute arising under or in connection with these Terms.
• As a preliminary step, you agree to attempt arbitration or an alternative dispute resolution mechanism. Additionally, you waive the right to participate in any class action against me or the company.
16. NOTICES
• All legal notices to me shall be in writing, sent both by recorded post and by email to:
Boyce Property Services Ltd.
6 Bexley Square,
Salford,
Greater Manchester,
M3 6BZ
Email: james@jameswboyce.com
• Such notices are deemed received only upon confirmation (e.g., signed receipt or verified delivery email).
17. MISCELLANEOUS PROVISIONS
17.1 Severability
• If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect.
17.2 Entire Agreement
• These Terms constitute the entire agreement between you and me (and/or the company) regarding the Site and Services, superseding all prior or contemporaneous agreements, communications, or proposals.
17.3 No Waiver
• Failure by me to enforce any provision shall not constitute a waiver of that provision or any other provision herein.
17.4 No Liability Beyond Control
• I disclaim liability for events beyond my reasonable control (see Force Majeure clause).
17.5 Language and Interpretation
• These Terms are provided solely in UK English and no translations are offered. If any translation is made available, the English version prevails in case of conflict.
17.6 Export Control
• You must comply with all applicable export control laws in your jurisdiction. I do not warrant or represent that the purchase, download, or use of any content is permissible under local laws for users outside the UK.
17.7 Future FCA Regulation
• Should my business model change such that FCA regulation becomes necessary, I reserve the right to take all required steps to become regulated. Until then, you acknowledge the material does not constitute regulated advice.
18. PRIVACY & DATA HANDLING
• All personal data is handled in accordance with my Privacy Policy located at www.jameswboyce.com/privacy-policy. By using the Site, you consent to the practices described therein.
• Any data shared or collected in the course of providing Services is subject to applicable data protection laws, including the UK GDPR, where relevant.
19. CONTACT INFORMATION
• Email: james@jameswboyce.com
• Postal Address: Boyce Property Services Ltd., 6 Bexley Square, Salford, Greater Manchester, M3 6BZ
EFFECTIVE DATE AND PREVIOUS VERSIONS
These Terms are effective as of 24th March 2025, and replace all previous versions. By continuing to use the Site or Services after this date, you confirm your acceptance of these Terms.
If you do not agree with any part of these Terms, you must discontinue use of the Site immediately.
(c) 2025 Boyce Property Services Ltd. All rights reserved.