1. Who these terms are between
These terms are between you (the business using the service) and Finlay Hunter, a sole trader trading as Exportly, of an address in Poole, Dorset (full postal address to be published) ("we", "us", "our").
By creating an account you agree to these terms, the Service Disclaimer, the Acceptable Use Policy and the Privacy Policy. If you do not agree, do not use the service.
2. The service
Exportly is an information service that presents published trade data organised by shipment. What it is and is not is set out in the Service Disclaimer, which forms part of these terms and which you must read. In particular, we do not provide customs, legal or tax advice, and you remain legally responsible for your own declarations.
3. Business customers only
The service is offered only to businesses, for purposes related to their trade or profession. It is not offered to consumers.
By using it you confirm you are acting wholly or mainly for purposes related to your business. You agree that the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 do not apply to this contract.
Drafting note for the reviewer: a sole trader customer is legally a business but may behave like a consumer, and a court may look at substance. Please advise whether this clause is sufficient or whether an active check at sign-up is needed.
4. Your account
You must give accurate registration details and keep them current. You are responsible for everything done under your account and for keeping access credentials secure. Tell us promptly at hello@exportly.uk if you believe your account has been compromised.
Accounts are for your organisation. Each person using the service needs their own seat.
5. Your content
You keep ownership of everything you put into the service — product descriptions, classifications, business details. You grant us a limited licence to process it solely to provide the service to you.
You confirm you have the right to provide it, and that it does not infringe anyone's rights or break any law.
6. Fees, and what happens when you stop paying
Fees are as shown on our pricing page when you subscribe. Unless stated otherwise they are exclusive of VAT, which will be added where applicable.
- Subscriptions renew automatically until cancelled.
- You may cancel at any time through the billing portal. Cancellation takes effect at the end of the paid period.
- We do not give refunds for partial periods, except where the law requires it or where we have materially failed to provide the service.
- Where a plan includes a monthly allowance and you exceed it, the additional usage is charged at the rate shown on the pricing page at the time.
- If payment fails, we may retry and will tell you. We will not delete your data for non-payment. Access may be reduced to read-only, but Route Cards you have already generated remain readable and exportable.
- We may change prices on 30 days' written notice. Changes do not apply to a period you have already paid for.
7. Availability
We aim to keep the service available but do not guarantee it. It depends on external sources — including HMRC systems — that are outside our control. We may suspend it for maintenance, and will give notice where practical.
8. Accuracy, and the limits of what we can promise
We take reasonable care to present published data accurately and to show its source and date. We do not warrant that the information is accurate, complete, current, or fit for any particular shipment.
Trade rules change frequently and without notice. A Route Card is correct as at the date shown on it and no later. You must check anything marked as unverified, derived or unavailable before relying on it.
9. Introductions to customs brokers and other professionals
We may offer to introduce you to a customs broker or other qualified professional.
- We provide the introduction only. Any engagement is a separate contract between you and that professional.
- We are not a party to it. We do not supply, resell, subcontract, supervise, review, approve or warrant their services or advice.
- We may receive a fee from that professional for the introduction. We will disclose this before you engage them.
- We are not liable for their acts or omissions, or for any advice they give, or for any loss arising from your engagement of them.
- You should satisfy yourself as to their suitability, qualifications and insurance.
Drafting note for the reviewer: the commercial intent is an introducer arrangement, not resale. Please confirm the wording achieves that, and advise whether the fee disclosure is sufficient or needs to be more prominent.
10. What you must not do
The Acceptable Use Policy forms part of these terms. In short: do not break the law, do not use the service to evade export controls or sanctions, do not attack or overload it, and do not resell it as your own.
11. Liability
Nothing in these terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability that cannot lawfully be excluded or limited.
Subject to that, and because this is a contract between businesses:
We are not liable for: loss of profit, revenue, business, contracts, anticipated savings, goodwill or reputation; loss or corruption of data; business interruption; or any indirect or consequential loss, however arising.
We are not liable for: customs penalties, fines, duty, tax, seizure, detention, demurrage, storage or delay costs; or any loss arising from a declaration you made, a classification you used, a licence you did not obtain, or a document you produced — whether or not the service was used in preparing it. You are the declarant. That responsibility is yours in law.
We are not liable for the accuracy, availability or content of any external source, including the UK Trade Tariff and any government system.
Our total liability to you for all claims arising in any twelve-month period, in contract, tort (including negligence), misrepresentation or otherwise, is limited to the greater of (a) the fees you paid us in the twelve months before the claim arose, and (b) £100.
Where you use the service without paying, our total liability is limited to £100.
Drafting note for the reviewer: please advise on enforceability under the Unfair Contract Terms Act 1977 — particularly whether a cap at fees-paid is reasonable given the potential size of a customs penalty, and whether we should carry professional indemnity insurance to make the position defensible.
12. Indemnity
You will indemnify us against claims, losses and reasonable costs arising from your breach of these terms, your misuse of the service, or any declaration or document you made or produced.
13. Ending the contract
You may stop using the service and cancel at any time.
We may suspend or end your access if you materially breach these terms, if we are required to by law, or on 30 days' notice for any other reason. If we end it without cause, we will refund fees for the unused part of your period.
On termination, you may export your data for 30 days. After that it may be deleted in line with our Privacy Policy.
14. Changes to these terms
We may change these terms and will give at least 30 days' notice of anything material, by email or in the service. Continuing to use it after the change takes effect means you accept it. If you do not, you may cancel before it does.
15. General
- Entire agreement. These terms, the Service Disclaimer, the Acceptable Use Policy and the Privacy Policy are the whole agreement between us.
- No waiver. Not enforcing a term does not waive it.
- Severance. If a term is unenforceable, the rest continues.
- Assignment. You may not assign without our consent. We may assign on notice, for example if the business is incorporated or sold.
- Third parties. Nobody other than you and us has rights under this contract.
- Force majeure. Neither of us is liable for failure caused by events outside our reasonable control.
16. Governing law
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
17. Contact
hello@exportly.uk · Exportly, an address in Poole, Dorset (full postal address to be published)