Last updated on 20 September 2024
Please read this Terms of Service (“Terms”) carefully. By accessing and continuing to use www.wen-tax.com (the “Website”), you acknowledge the terms and agree to be bound by these terms and all terms incorporated by reference. If the user does not agree or accept all of these terms, the user must not use our Website. We recommend that you print a copy of these terms for future reference.
These Terms apply to your access and use of the Website and services contained therein, including web 3 and cryptocurrency/NFT tax reporting (the “Services”), offered by Deductic Ltd (trading as “Wen-Tax”, “we”, “our”, or “us”). We reserve the right to amend these Terms at any time and at our sole discretion.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
These terms of service refer to the following additional terms, which also apply to your use of our site:
We operate an online platform automating the collection of data from disparate services in order to facilitate users to compile their web 3 or cryptocurrency/NFT tax reports for use in filing their personal tax returns. This is an online software-as-a-service (“SaaS”).
It is free for users to register an account and to input all their relevant information on to our Website. Based on the information entered by users, Wen-Tax provides the Services and/or computes the amount of tax that the user may owe. You agree that you are solely responsible for the accuracy of the resulting calculations.
We charge varying fees for our Services, which can be seen on our Website and these are charged prior to the results being available for download. You agree that the payment(s) for Services is non-refundable; you also agree to waive any rights to a 2 week "cooling-off" cancellation period (if UK resident). We may, from time to time, make changes to the fees for our Services and will communicate any price changes to you in accordance with applicable law.
A binding agreement between Wen-Tax and you for the provision of Services, including acceptance of these Terms, is completed upon your completion of the online account registration page on our Website.
By using our Website, you agree that Wen-Tax can collect and use data provided by you in order to provide its Services and for product improvement purposes.
Where you are an accountant, lawyer, tax adviser (or similar professional) looking to use our Website and Services to prepare Web 3 or cryptocurrency/NFT tax reports on behalf of your clients, please contact service@wen-tax.com to discuss a license agreement.
We reserve the right to refuse to provide Services to any users at our complete discretion.
Our Website is directed to people residing in the UK or the United States of America. We do not represent that content available on or through our site is appropriate for use or available in other locations.
Our Services and content on our Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The use of our Website is permitted for individuals over the age of 18 years and who are able to enter into a legally binding contract. Our Website and Services are provided for personal and domestic use only, and you agree not to exploit our Website commercially or to provide services to third parties (unless we have given explicit written consent for such use).
By creating an account, the user warrants that they will complete their personal details and information accurately, completely, and honestly.
The user must keep their login credentials confidential and take appropriate measures to prevent unauthorized access or use of this data on our Website. Where third parties have accessed our Website with your login credentials, your login credentials should be changed immediately.
The user acknowledges and agrees that their use of the Website and any input of personal or business data is explicitly voluntary and for the purposes of using our Services provided on our Website. The user further acknowledges and agrees that the accuracy of the result of our Services (i.e. the interim and/or final web 3 or cryptocurrency/NFT tax reports or other related reports) is dependent on the accuracy, completeness, and veracity of the information provided by the user.
The user must not use our Website or Services in any unlawful, fraudulent, or malicious manner, including introducing harmful viruses to, hacking, disabling, or damaging our Website.
It is prohibited to register an account on behalf of other users without the express permission of Wen-Tax (permission can be requested by contacting service@wen-tax.com). Our Website is solely intended for personal use, and commercial users or businesses wishing to use our Website or Services should contact us at service@wen-tax.com). to discuss their use for their intended purposes.
The user must keep confidential and not infringe any of Deductic Limited's or Wen-Tax’s intellectual property and/or intellectual property rights, which includes collecting information on, through, or embedded in Wen-Tax's Website or Services; attempting to copy or duplicate or otherwise reverse engineer all or part of our Website or Services (including code, user interface design, website layouts, databases and their design, or website flow/architecture); or seeking to reproduce such intellectual property for any purposes without our explicit written consent. In particular, a user is prohibited from accessing our Website or Services in order to build a competing product or service, take steps to build such a competing product or service, and/or facilitate another party to do so.
Deductic Limited is the owner or licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
We cannot be held liable for the accuracy and completeness of the information provided by users that is filed on their tax return or that is used in determining a particular result from information provided on our platform. In particular with regards to the web 3 or cryptocurrency/NFT tax reporting service, note that certain pages displaying calculations are an estimate and the final numbers are those provided in the final tax report for a particular tax year that is downloadable only as a pdf. By downloading the final tax report for a particular tax year in the pdf format, the user confirms that the information provided therein is completely correct and that it has been provided with absolute honesty.
Wen-Tax is not liable (even if we know of it) for any loss or damage (direct, indirect, incidental, or consequential) caused by errors, delays, or interruptions in the technical transmission of data either between the user and our Website or the Website and other entities (e.g. blockchain explorer sites and exchange websites), malfunctions of our Website, loss of data, viruses, unauthorized knowledge or access of personal user data by third parties, or any other damage which might occur during the use of our Website and Services, unless they are caused intentionally by us.
The contents on our Website are provided for general information only. While we attempt to maintain up-to-date and accurate information on our Website, we make no representations or warranties of any kind, express or implied, as to their completeness, accuracy, reliability, or suitability for any purpose. Any reliance you place on such information is strictly at your own choice and risk. Therefore, Wen-Tax is not liable for any claims which refer to use or disuse of information (correct, incorrect, or incomplete) on our Website. Furthermore, in no event (even if we know of it) will we be liable for any loss or damage (direct, indirect, incidental, or consequential) whatsoever arising from loss of data, income, profits, or anticipated savings arising out of, or in connection with, the use of our Website.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. We also do not assume any responsibility for the functionality of third party internet pages (including third party blockchain explorer sites, exchanges (accessed through APIs), and third party advertisers/affiliates).
Our only liability is for the accuracy of calculations generated in the final tax report for a particular year downloadable as a pdf on our platform based on the information inputted by the user on our Website and only in the case that the user has made a payment to advance to receive the final tax report for a particular year downloadable as a pdf online through our Website.
User agrees to defend and indemnify Deductic Limited against all claims, damages, losses, costs, and expenses (including our reasonable legal fees) if a third party seeks to hold Deductic Limited liable under a legal, arbitration, or similar claim or proceeding in relation to the user’s actions or omissions while using our Website or Services. For the avoidance of doubt, the user will also hold Deductic Limited harmless against all such claims, damages, losses, costs, and expenses relating to said claim or proceeding.
In relation to these Terms, Deductic Limited’s aggregate liability is limited to the fees paid by the user in the 12 month period immediately preceding the date on which the claim arose. This limitation on aggregate liability applies to any civil claim whether arising in contract, tort, restitution, or otherwise.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or Services (or any content therein).
If you are a business user, 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 our Website or use of or reliance on any content displayed on our Website.
If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The above limitations of liability include any claims against us, our employees, and/or our representatives.
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use therefo, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service (including blockchain/scan sites) advertised or offered by a third party through the Services, any hyperlinked website, or any website featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Protection of personal information by us is set out in the Privacy Policy.
Deductic Limited is the sole owner of all intellectual property rights in our Website, including the code, user interface design, website layouts, website flow/architecture, databases and their design, and contents published on it. For the avoidance of doubt, these rights are protected under copyright laws globally. All such rights, including our branding, copyright, trademarks, trade secrets, know-how, and other intellectual property owned or held by us may not be used without our express written consent.
We will allow you to link to the home page of our Website, subject to doing this in a fair and legal manner which does not damage or take advantage of our reputation. You must also not link to us in such a way as to suggest any form of association, approval, or endorsement (unless there is explicit written consent from us for such association). We reserve the right to withdraw permission to link to our home page at any moment without notice.
If one or more of the terms contained here are infringed, we reserve the right to temporarily or permanently block or delete a user’s accounts, notwithstanding further legal steps against the affected user. Any user that has been blocked may contact service@wen-tax.com to request the reason for the restrictions.
Our Website is made available without charge. As such, we do not guarantee that our Website and Services will always be available or without errors/malfunctions. We will endeavour to give you reasonable notice of any suspension or withdrawal of our Website.
We reserve the right to amend these Terms from time to time without prior notice. In general, we will notify you of any changes to these Terms through updating the “Last Updated” date at the top of these Terms. Your continued use of our Website and Services constitutes an acknowledgement and acceptance of the amended Terms. We encourage you to frequently return to this page to review the Terms (and any revised Terms) to ensure you understand the terms and conditions that apply to your use of our Website and Services. Please note also that prior to payment for our Services, a user will need to agree to the Terms prevailing at that time (which may contain updated terms).
If a user does not agree with the Terms or any revised Terms, they may decide not to proceed with our Services and they must stop using our Website and Services.
If individual terms contained herein should be or become ineffective, invalid, or unworkable, this shall not affect the legal effectiveness of other valid provisions in the Terms. In such a case (and only in these cases), a reasonable alternative term which approximates what the parties have commercially intended will be substituted in place of the ineffective, invalid or unworkable term.
The Terms are subject to the exclusive jurisdiction of the laws and courts of England and Wales. The place of performance under these Terms is considered to be England. The use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded..
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.