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Apply Online - Terms & Conditions

PLEASE NOTE CLAUSES 3, 4, 6, 7, 8, 9 (you agree to waive your right to a 7 day cooling off period because you want the services performed before the end of this 7 day period), and 12 PARTICULARLY CAREFULLY BEFORE PLACING AN ORDER WITH US.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of this Service (as defined below) listed on our Website www.child-benefits.co.uk to you. Please read these terms and conditions carefully before ordering this Service from our Website. You should understand that by ordering this Service, you agree to be bound by these terms and conditions. Further, you acknowledge and accept that your subscription to this Services through our Website is also subject to and governed by the terms of our sites’ respective terms of use and Privacy Policy and acceptable use policy which are deemed to form part of these terms and conditions (“Terms”)

You should print a copy of these Terms for future reference.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be permitted to subscribe to this Service from our Website or use our Website.

USE THE QUICK LINKS BELOW TO HELP YOU TO EASILY NAVIGATE THESE TERMS

  1. DEFINITIONS
  2. PRELIMINARY REQUIREMENTS
  3. FORMATION OF THE CONTRACT BETWEEN YOU AND DIGITAL SELECT LIMITED
  4. YOUR ACKNOWLEDGEMENT THAT OUR SERVICE IS COMPLETE WHEN WE SEND YOU THE COMPLETED APPLICATION FORM
  5. DIGITAL SELECT LIMITED'S OBLIGATIONS TO YOU
  6. YOUR OBLIGATIONS TO DIGITAL SELECT LIMITED
  7. PAYMENT FOR SERVICE, CANCELLATION AND REFUNDS
  8. OUR RIGHT TO TERMINATE THIS SERVICE
  9. CONSUMER RIGHTS – CANCELLATION RIGHTS UNDER DISTANCE SELLING LAWS
  10. PRIVACY POLICY
  11. INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS
  12. OUR LIABILITY AND YOUR WARRANTIES TO US
  13. GENERAL
1. DEFINITIONS:

The following words and expressions shall have the following meanings:

"Application Form"
means the application form to be completed by You in respect of Your application for Child Benefit with the HMRC and which is available on the Website;
"Contract"
means the contract between You and Digital Select Limited for the provision of the Service and which incorporates these Terms;
"Network"
means the electronic communications network used by us to provide the Service;
"HMRC"
means HM Revenue & Customs;
"Digital Select Limited, our, we, us"
means Digital Select Limited, a company registered in England and Wales with the company number 6481372 and having its place of business at 271 Regent Street, London, W1B 2ES;
"Privacy Policy"
means such policy in relation to data protection and privacy as is displayed on this Website from time to time;
"Service"
means the "Apply Online" service provided to you by Digital Select Limited in respect of your application for Child Benefit with HMRC and which is more specifically set out in clause 5.1 and on the Website;
"Service Charge"
means the non-refundable charges for the provision of the Service as set out on the Website; and
Terms”
means those defined above;
“Third Party Applicant”
means such person as defined at clause 6.2 below
"you" and/or "your"
means you the client.
“Website”
means this our website under domain name www.child-benefits.co.uk

2. PRELIMINARY REQUIREMENTS:

2.1 You must be 18 years old and above in order to use the Service.

2.2 You warrant that you have the right, authority and capacity to enter into and be bound by these Terms.

3. Formation Of The Contract Between You And Digital Select Limited:

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase the Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you the Application Form, duly including the information that you provided to us, when we are in receipt of the Service Charge (the “Order Confirmation”). The Contract between you and us will only be formed on the date that we send you the Order Confirmation.

3.2 Your Contract with Digital Select Limited commences on the date of Digital Select Limited's Order Confirmation and shall remain in force for the duration of the provision of the Service unless terminated in accordance with these Terms.

3.3 Notwithstanding the foregoing, Digital Select Limited reserves the right exercised reasonably to refuse You access to the Service (in part or in whole) and at anytime before or until the point that we send you an Order Confirmation.

4. Your Acknowledgement That Our Service Is Complete When We Send You The Completed Application Form:

4.1 You hereby expressly acknowledge to Digital Select Limited that you understand and agree that:-

4.1.1 our Service Charge is fully earned and our Service to you is complete at the point at which we send you (by electronic mail or ordinary post) the completed Application Form which our Network has generated by only using the information that you entered into the data fields provided in our ‘Apply For Child Benefit Online’ form and submitted to us;

4.1.2 you are solely responsible for the accuracy, validity and correct content of the information that you entered into the data fields provided in our ‘Apply For Child Benefit Online’ form and submitted to us you;

4.1.3 you are solely responsible for signing and generally completing the Application Form that we send to you and for subsequently submitting the Application Form to the HMRC within any applicable time scales;

4.1.4 we do not submit on your behalf the information in the Application Form to the HMRC as part of the Service.

5. Digital Select Limited's Obligations To You:

5.1 In consideration for the payment by you of the Service Charge and subject to your compliance with these Terms, Digital Select Limited shall use its reasonable endeavours to:

5.1.1 review the Application Form which you have submitted through the Website;

5.1.2 check that you have provided all the information required in order to make an application to the HMRC for Child Benefit;

5.1.3 contact you, where required, to make any rectification in respect of your Application Form; and

5.1.4 send to the postal or to the email address given by you, the application for Child Benefit completed with the information provided by you for your subsequent submission to the HMRC.

5.2 Digital Select Limited shall use reasonable endeavours to make the Service and any additional service that it agrees to provide available to You but Digital Select Limited cannot guarantee an uninterrupted or fault free service.

5.3 We may update or revise these Terms from time to time and will give you notice of such updates through a message displayed on the Website. We will give you at least seven (7) day(s) notice of any changes to these Terms. If you do not accept any such changes, you may cancel the Contract by notice in writing to Digital Select Limited at the address available on the Website. For the avoidance of doubt, your continued use of the Service after the implementation of the changes will be deemed acceptance by You of such changes.

5.4 The Network is not controlled by Digital Select Limited and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being delayed or made temporarily unavailable. Digital Select Limited shall take reasonable action to minimise the disruption caused by such circumstances, but you acknowledge and accept that some such interruption will not be avoidable and the Service shall not be available to you.

6. Your Obligations To Digital Select Limited:

6.1 You shall:

6.1.1 provide Digital Select Limited with all the correct and accurate information requested by Digital Select Limited in order for Digital Select Limited to provide you with the Service;

6.1.2 not use the Service for any improper, unlawful or fraudulent activity;

6.1.3 not use the Service to commit a criminal act or to cause nuisance or annoyance or inconvenience to or to harass others;

6.1.4 not use the Service for commercial and/or business purposes;

6.1.5 not re-sell, promote for resale or engage in any other similar activities;

6.1.6 co-operate with any reasonable security or other checks or requests for information made by Digital Select Limited from time to time in relation to Digital Select Limited's provision of the Service to You;

6.1.7 where You are not the main applicant for the Child Benefit, procure that:-
(a) the consent of such main applicant in respect of the Service;
(b) such main applicant is 16 years old and above; and
(c) such main applicant is eligible to make such application to HMRC;
6.1.8 promptly inform Digital Select Limited if you receive any notice alleging that your use of the Service:-
(a) contravenes with the applicable law and legislations; or
(b) infringes the rights of any third party;

6.1.9 promptly inform Digital Select Limited in the event any information that You have provided to Digital Select Limited changes or becomes inaccurate;

6.1.10 comply with all reasonable instructions issued by Digital Select Limited from time to time in relation to the Service; and

6.1.11 comply with all applicable laws and legislations.

6.1.12 comply fully with the terms of our Terms of Use and Acceptable Use Policy which form part of these Terms and you hereby agree to be bound by them.

6.2 Where You are using this Service to make an application for Child Benefit on behalf of a third party applicant (the "Third Party Applicant") You hereby warrant that:

6.2.1 You have the authority and consent of the Third Party Applicant to procure the Service on the Third Party Applicant's behalf;

6.2.2 the Third Party Applicant is at least 16 years old and above and is eligible to make a Child Benefit application; and

6.2.3 You shall procure the Third Party Applicant's full compliance with these Terms.

6.3 For the avoidance of doubt, you shall at all times be fully liable for the breach of any of these Terms by the Third Party Applicant in respect of the Service.

7. Payment For Service, Cancellation And Refunds:

7.1 You shall pay the Service Charge in advance using your credit card, debit card or any other acceptable method of payment as set out on the Website. Digital Select Limited reserves the right to withhold or cease provision of the Service to you where payment of the Service Charge has not been received.

7.2 You hereby agree and consent to the immediate commencement of the performance of this Service by Digital Select Limited in accordance with clause 9.1 below such that on payment of the Service Charge, you can immediately access the Service using the Website.

7.3 Subject to the provisions of these Terms, you agree and acknowledge that due to the nature of the Service, the Service Charge shall be non-refundable and that any request for refund of such Service Charge shall be at Digital Select Limited's sole and absolute discretion.

8. Our Right To Terminate This ServiceS:

8.1 Digital Select Limited may suspend and/or terminate the provision of the Services to you in whole or in part without notice:

8.1.1 if Digital Select Limited believes that You have unreasonably failed to comply with one or more of these Terms; or

8.1.2 if you have failed to remedy any such non-compliance as set out of these Terms within a reasonable period (which is never less than (5) five days) required by Digital Select Limited and notified to you; or

8.1.3 if Digital Select Limited reasonably believes that You have provided Digital Select Limited with any false or misleading information in respect of and/or in order to procure the Service; or

8.1.4 if the Network owner ceases to make the Network available to Digital Select Limited.

8.2 Upon the termination of the Service in accordance with clause 8.1, Digital Select Limited shall forthwith cease performance of the Service to You.

8.3 Clauses 1, 8.3, 11 and 13 shall survive the termination of these Terms however arising.

9. Consumer Rights – Cancellation Rights Under Distance Selling Laws:

9.1 By clicking on the button marked "I Accept" at the end of these Terms if you accept them, you agree:-

(a) to the performance of this Service by us before the end of the usual (7) seven day cooling off period which would (but for the inclusion of this clause) otherwise end the day after the date that we send you an Order Confirmation, because you do not wish to wait until the end of the cooling off period before this Service is performed so that on payment of the Service Charge, you can immediately access the Service using the Website;

(b) that in accordance with your request set out at clause 9.1(a) above, your cancellation right under the Distance Selling Laws will end when we commence performance of this Service and you will not be entitled to receive any refund of the Service Charge for the said Service which would otherwise have been available.

10. Privacy Policy:

10.1 Digital Select Limited enforce a strict privacy policy which is available at Privacy Policy. The terms of the Privacy Policy form part of these Terms and You hereby agree to be bound by them.

11. Intellectual Property Or Other Proprietary Rights:

11.1 Digital Select Limited and/or its licensors own all patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Website.

12. Our Liability And Your Warranties To Us :

12.1 We warrant to you that this Service subscribed to through our Website is supplied with reasonable care and skill.

12.2 Our liability for losses you suffer as a result of us breaking this agreement or caused in whole or in part by, or failures, delays, interruptions or otherwise of, the provision the Service is strictly limited to (10) ten times the Service Charge paid by you for the Service and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

12.3 This does not include or limit in any way our liability:

12.3.1 For death or personal injury caused by our negligence;

12.3.2 Under section 2(3) of the Consumer Protection Act 1987;

12.3.3 For fraud or fraudulent misrepresentation; or

12.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us arising out of or in connection with the use or inability to use the Service, the Website or any decisions made or actions taken in reliance or partial reliance on the information provided on the Website and/or through the Service, including but not limited to:

12.4.1 loss of income or revenue

12.4.2 loss of business

12.4.3 loss of profits or contracts

12.4.4 loss of anticipated savings

12.4.5 loss of data, or

12.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable; provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories 12.4.1 to 12.4.6 inclusive of this clause 12.4.

12.5 Digital Select Limited cannot guarantee and do not promise any specific results (including but not limited to that your use of this Service will result in you receiving any child benefit) from your use of this Service and/or the information provided on the Website. Unless otherwise expressly set out in these Terms, the Service is provided to you "as is" and Digital Select Limited does not give any warranties for anything whatsoever including without limitation, the accuracy, adequacy, availability, timeliness, completeness, suitability and reliability of the Service provided to You.

12.6 The information provided on the Website by Digital Select Limited is intended as information only and does not constitute advice of any nature and is not intended to address your specific requirement. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.

12.7 As Digital Select Limited rely on third party suppliers and external Network operators to provide you with the Service, Digital Select Limited does not warrant that the Service provided is completely free from any fault, delay, or the availability of the Service at all times or at all.

12.8 You warrant that:

12.8.1 you are eligible to apply for Child Benefit with HMRC in accordance with the applicable laws and legislations;

12.8.2 all information and personal data provided by you in respect of the Service are accurate, correct and complete;

12.8.3 you understand that you are able to make applications for Child Benefit independently and free of charge by contacting the HMRC on 0844 496 8888 or by visiting www.hmrc.gov.uk/childbenefit

12.8.4 you understand that the Service Charge is for the Service provided to You by Digital Select Limited and such Service Charge is payable to Digital Select Limited and not HMRC; and

12.8.5 you understand that Digital Select Limited is an independent private limited company registered with the Companies House and is not in any way affiliated with or forms part of HMRC.

12.9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

12.9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

12.9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. General:

13.1 This Contract is personal to you and you may not transfer the Contract to any third party at any time. Digital Select Limited may transfer the Contract to any third party at any time having first given you notice posted on this Website homepage.

13.2 If Digital Select Limited fails, at any time during the term of these Terms, to insist upon strict performance of any of your obligations under these Terms, or if Digital Select Limited fails to exercise any of the rights or remedies to which Digital Select Limited is entitled to do so under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.3 A waiver by Digital Select Limited of any default shall not constitute a waiver of any subsequent default.

13.4 No waiver by Digital Select Limited of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13.6 These Terms and any document expressly referred to in them represent the entire agreement between you and Digital Select Limited in relation to the Service and shall supersede any prior agreement, understanding or arrangement between you and Digital Select Limited, whether oral or in writing.

13.7 You and Digital Select Limited each acknowledge that, in entering into these Terms, neither of parties has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and Digital Select Limited except as expressly stated in the Terms.

13.8 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13.9 All notices given by you to us must be given to Digital Select Limited at notices@child-benefits.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13.8 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee

13.10 Contracts for the supply of this Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.