Last updated: July 2021
Please read these Terms and Conditions carefully before using Our Service.
So that we can be completely clear, here are some words we use which have specific meanings:
These terms and conditions apply to your access and use of The Service, which together with:
form the contract between you and us ("Terms of Service"). Please review these Terms of Service carefully before using The Service. These Terms of Service apply to your use of The Service and you agree to abide by these terms. No other terms are implied by trade, custom, practice or course of dealing.
How to apply: In order to access and use The Service, a Wheresmystock account must first be created. You can apply for a Wheresmystock account by submitting your details on our "registration" page on the website.
Formation of a contract: If we accept an application for the creation of a Wheresmystock account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a Wheresmystock account to be created, you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you. As part of creating a Wheresmystock account, you will create a password associated with your email address. This is the only means of accessing your Wheresmystock account.
You must keep your Wheresmystock account login details confidential. You are responsible for all activities that occur under your Wheresmystock account.
If you know or suspect that anyone other than you knows your Wheresmystock account login details, please change your password immediately. If you have any concerns that your account may have been compromised or used for illegally by a third party, please notify us as soon as possible by writing us at: .
We reserve the right to disable your Wheresmystock account at any time if we find out that your account is being used in a way that is not compliant with these Terms of Service.Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a Wheresmystock account, these errors can be corrected by accessing your Wheresmystock account settings and using the "edit" function on the "Company Details" or "People" pages.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a Wheresmystock account. Where an application for a Wheresmystock account has not been successful you will not be charged.
Your rights: If you hold a Wheresmystock account you have authority to access this Wheresmystock account, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is granted to you on the condition that you comply with these Terms of Service.
You must:
You must not:
The price for The Service will depend on the features you require and what type of Wheresmystock user you are. Details of the costs associated with The Service are set out on our website [here] and may vary dependent on your user profile.
We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using The Service prior to any increase in fees.
Payment: All prices quoted are in Pounds Sterling and exclude VAT, which is payable by you. All price information may be subject to change. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. All card payments are collected and processed by a third party card processor. By agreeing to these Terms of Service, you authorise us to send instructions to the financial institution that issued your card to take payments from your card account in accordance with these Terms of Service.Once the trial period is over, we will automatically renew the Account Holder's subscription and depending on the user profile linked to your Wheresmystock account during the trial period, bill the Account Holder as instructed at setup (either monthly or annually) using the credit or debit card details provided to us, until the Wheresmystock account is closed.
Non-payment: We shall be under no obligation to provide you with access to The Service if the subscription fee (plus VAT) or any other charge that you have agreed to pay us (including charges relating to Add-ons or additional features (see below)) are not paid on time.
If subscription fees or other agreed charges become overdue, we reserve the right to suspend access to The Service until outstanding amounts are paid or close the Account Holder's Wheresmystock account permanently. This includes situations where the Account Holder's credit card has expired.
Fees for multiple accounts: If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the subscription fee charged by us for each additional Wheresmystock account.
Add-ons: You may on occasion choose to buy additional services outside of The Services you have subscribed for according to The Schedule. Where you do buy any Add-ons, separate charges and separate terms and conditions may apply.
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities. We may also share your aggregated, de-identified data with select third-parties for research purposes, but otherwise we will only use your Data to provide The Service.
Rights in our software: All copyright, database rights, trademarks and other intellectual property rights in The Service are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder. You have no right to modify The Service and if you do then to the extent that you do this without our prior written consent, we shall own all the intellectual property rights in any modifications to The Service and you automatically assign absolutely with full title guarantee all such intellectual property rights to us.
Third-party features: All copyright, database rights, trademarks and other intellectual property rights in any external data sources or embedded third party services used in Wheresmystock are the intellectual property of the relevant third-party provider.
These Terms of Service will remain in full force and effect as long as you continue to access or use The Service, or until terminated by you or us for any reason set out in these Terms of Service.
Cancellation by you: You can close the Account Holder's Wheresmystock account at any time by writing to us at . No further subscription fees will be billed for the following month. Please note that no refund will be made for any subscription fees already billed and paid.
Suspension and closure by us: If you (or any other user of the Account Holder's Wheresmystock account) fail to abide by these Terms of Service or carry out illegal activities, or if payment of the subscription fees is not paid on time, we reserve the right to close the Account Holder's Wheresmystock account or suspend your access to The Service. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Wheresmystock account immediately for the reasons given above, or for any reason, by giving the Account Holder one month's notice.
We do not guarantee that your use of The Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access The Service. You should use your own virus protection software.
You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to The Service. We also do not permit attempts to gain unauthorised access to The Service, the server on which The Service may be stored or any server, computer, database connected to The Service or the attachment of the website via a denial-of-service attack or a distributed denial-of-service attack.
Anyone involved in the above mentioned activities will be restricted from using The Service and is at risk of having committed a criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report to the relevant law enforcement authorities and share the identity of those involved.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of the possibility) including the following losses (whether direct or indirect): loss of profit; loss of anticipated savings; loss of sales or business; loss of or damage to goodwill; loss of use or corruption of software, data or information; and indirect and consequential loss.
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed a total aggregate amount equal to the subscription fees which the Account Holder has paid to us in the previous month.
Liability to us: If you access The Service using a password created to control access to the Account Holder's Wheresmystock account, then the Account Holder shall be held liable for any reasonable costs, losses and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
Entire agreement: These Terms of Service describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede and extinguish any prior understandings or agreements.Changes to this contract: We may need to change these Terms of Service from time to time. Changes to the terms will be posted on our website. We will notify you of any material changes to our Terms of Service by sending you an email with details of the change or notifying you of a change next time you use The Service following a change to these terms. Material changes include changes to the price, payment terms, and where relevant the Schedule. Changes to the Terms of Service will be effective immediately. If you do not agree to changes to the terms and conditions you can end your contract with us (Please see 'Closing a Wheresmystock account' section for more information). Please ensure that you review any updates to these Terms of Service before continuing to use The Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
Interpretation: The following rules of interpretation apply to these Terms of Service:
You are eligible to use The Service if you hold a valid monthly or annual subscription to access The Service.
You will pay a monthly or annual subscription fee for use of and access to The Service.
A subscription fee for use of The Service is payable monthly in advance by the Account Holder. The subscription rates are posted on our Website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle.
Copyright 2025 IRP Services Ltd. trading as Wheresmystock